CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, NOVEMBER 21, 2024
1:00 P.M.
LATE SUBMISSIONS AND/OR REVISIONS
• CC01 - Draft Minutes for November 7, 2024
DRAFT 11/07/2024 Regular City Council Meeting Minutes Page 1 of 8
CITY COUNCIL,
LIBRARY AND OBSERVATORY BOARD,
HOUSING AUTHORITY BOARD,
AND THE CITY COUNCIL REPRESENTING
THE REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
THURSDAY, NOVEMBER 7, 2024
1:00 P.M.
DRAFT MINUTES
Meeting Location:
City of Rancho Mirage
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER – 1 :00 P.M.
a) Flag Salute – Led by Council Member O’Keefe.
b) Roll Call: Mallotto, O’Keefe, Weill, Downs – All Present.
PRESENTATIONS
Introduction of New Rancho Mirage High School Principal.
Dr. Teresa Haga, Director of Classified Human Resources for Palm Springs Unified School District (PSUSD), commended the City of Rancho Mirage for its consistent support of Rancho Mirage High School (RMHS) since its inception in 2013. She introduced Mr. Brian Hendra, Principal of Rancho Mirage High School, noting his 13- year tenure with PSUSD, and expressed confidence in his leadership.
Mr. Hendra emphasized his dedication to student education and safety. He expressed enthusiasm for a strong partnership with the City Council, acknowledging their past support of RMHS. He also announced that the RMHS Football Team had clinched the Desert Empire League co-championship title and would advance to the CIF Southern Section playoffs in Orange County.
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N-AGENDA PUBLIC COMMENTS
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addy Botello, Owner of Wally’s Desert Turtle and Board Member of the Rancho Mirage Chamber of Commerce, provided a Chamber update, including the announcement that the Chamber had reached 650 members. She expressed support for the City's Shop Local Gift Card Program, acknowledging Wally’s Desert Turtle’s involvement and commending the City for its initiative. She also announced that Wally’s Desert Turtle would be open for the holiday season.
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ayor Downs inquired about the lowest membership level during the pandemic.
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atie Stice, President/CEO of the Rancho Mirage Chamber of Commerce, reported that membership declined to approximately 275 during the pandemic.
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ayor Pro Tem Weill expressed gratitude to Ms. Botello and recognized her family's historical ties to the City of Rancho Mirage, dating back to her grandfather.
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s. Botello noted that her grandfather founded the restaurant in 1978.
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usan Ragsdale, member of the public, presented gifts of artwork to the City of Rancho Mirage.
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ichael Philps Russel, President & Executive Director of Loving All Animals, expressed gratitude to the City for hosting the recent Rescue Rally Pet Adoption and Wellness Fair.
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rad Anderson, Rancho Mirage resident, extended his congratulations to the those elected to serve on the City Council. He thanked everyone involved in the Rancho Mirage Rescue Rally Pet Adoption and Wellness Fair, noting his passion for animals and support of pet adoption.
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siah Harris, Rancho Mirage resident, congratulated Council Member O’Keefe and Mayor Pro Tem Weill on their re-election to the City Council. He also thanked the City for sponsoring the Some Enchanted Evening event at the McCallum Theatre.
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ally Melendez, member of the public, commented on the great weather and his views on the presidential election.
COUNCIL/BOARD MEMBER COMMENTS/REPORTS
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ayor Downs congratulated Mayor Pro Tem Weill and Council Member O’Keefe on their apparent election victory, clarifying that the election results were clear, but were not yet officially certified. He added that he was delighted to serve on the City Council alongside them for the next two years.
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ouncil Member Mallotto echoed Mayor Downs’ comments and thanked Rancho Mirage residents for their overwhelming participation in the recent election. She added that the ability to cast ones vote was a privilege.
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ayor Pro Tem Weill expressed gratitude towards Rancho Mirage residents, noting that their part
icipation demonstrated appreciation for and a commitment to preserving the quality of life in Rancho Mirage. He added that the results endorsed the City's fiscal management and reinforced the perception of Rancho Mirage as a well-run city. Mayor Pro Tem Weill indicated that as candidates, they aligned themselves with the views of Rancho Mirage residents, notably their support for law enforcement. He expressed appreciation for the support received. 1-2
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ouncil Member O’Keefe commended all who participated in the recent election, emphasizing the significance of voter turnout. He extended special thanks to his constituents who supported his candidacy. He mentioned that the City of Rancho Mirage was a successful, well-run city and pledged to do his fiduciary duty and place the interests of Rancho Mirage above any personal or private agenda. Council Member O’Keefe remarked that one of the greatest privileges of serving on the City Council was the opportunity to engage with remarkable individuals who undertook innovative initiatives. He identified the Rancho Mirage Rescue Rally Pet Adoption and Wellness Fair as a notable event that successfully engaged over 200 families. He expressed gratitude to the City Council, City Manager, and City Staff, specifically acknowledging Gabe Codding, Hayley Tice, Lori O’Keefe, Tyler Fowlkes, Kai Beech, Pamela Birky, Aaron Espinosa, and the Library Staff, for their support and efforts in organizing the successful pet rescue rally. He concluded his remarks with a video presentation of the event.
CITY MANAGER COMMENTS – None.
CONSENT CALENDAR
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saiah Hagerman, City Manager, presented the following Consent Calendar Items:
1. Waive Full Reading of All Ordinances Introduced or Adopted Pursuant to this Agenda.
2. Approve October 3, 2024, Regular Meeting Minutes.
3. Approve October 10, 2024, State of the City Special Meeting Minutes.
4. Approve Closure of the Rancho Mirage Library and Observatory for the 2025 Rancho Mirage Writers Festival.
5. Approve Final Acceptance of CP 22-375 (Striping of Public Streets Citywide).
6. Receive and File the Five-Year Development Impact Fee Report.
7. Receive and File the September 30, 2024, Quarterly Treasurer’s Report.
8. Approve Fiscal Year 2024-2025 Special Assistance Fund (SAF) Awards.
9. Approve Contracts.
10. Approve Demands.
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ublic Comments
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rad Anderson, Rancho Mirage resident, spoke regarding Item No. 3, commenting that he believed there were inaccuracies in the draft minutes. Regarding Item No. 4, he expressed support for the temporary closure of the Rancho Mirage Library & Observatory, but wanted the public to be aware that the closure would be for roughly two weeks. Regarding Item No. 8, he spoke in support of non- profits being awarded funding; however, he expressed concern with a grant to the Hero In You Foundation, suggesting it should be looked into further.
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OVED/SECONDED BY WE ILL/MALLOTTO TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION CARRIED 4/0.
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UBLIC HEARINGS
11. Consider Adopting Resolution No. 2024- (Next-in-Order), Calling an Election on Levying a Special Tax within the Area Proposed to be Annexed to Community Facilities District No. 1 (Annexation No. 196), Declaring Results of the Election, Approving the Annexation of the Territory and Directing Recording of the Amendment of Notice of Special Tax Lien. (In Connection with Tentative Tract Map No. TTM 38224 - Nirvana Lane).
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acob De La Cruz, Financial Analyst, presented the staff report.
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ublic Testimony – None.
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ristie Ramos, City Clerk, declared the election results as follows: the ballot for the five (5) eligible votes was received on October 7, 2024, and was in favor; therefore, votes cast in favor equal 100% of total votes cast.
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OVED/SECONDED BY MALLOTTO/WEILL TO ADOPT RESOLUTION NO. 2024 -59,
CALLING AN ELECTION ON LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 1 (ANNEXATION NO. 196),
DECLARING THE ELECTION RESULTS, APPROVING THE ANNEXATION OF THE
TERRITORY AND DIRECTING THE RECORDATION OF THE AMENDMENT OF THE NOTICE OF SPECIAL TAX LIEN, IN CONNECTION WITH TENTATIVE TRACT MAP NO. TTM 38224. MOTION CARRIED 4/0.
ACTION CALENDAR
12. Consider Adopting Ordinance No. (Next -in-Order), Repealing Section 2.02.130 (Vacancies in City Council Offices) of Chapter 2.02 (City Council) of Title 2 (Administration and Personnel) of the Rancho Mirage Municipal Code.
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olin Kirkpatrick, City Attorney, presented the staff report.
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ublic Comments
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rad Anderson, Rancho Mirage resident, opposed the proposed ordinance, citing confusion and lack of transparency in the staff report. He suggested seeking a second legal opinion.
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siah Harris, Rancho Mirage resident, formally supported the proposed ordinance and offered suggestions for the process of filling vacancies on the City Council. He also voiced concern regarding the potential benefits that appointed City Council members may possess in future elections.
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ayor Downs expressed appreciation for Mr. Harris's comments and suggestions. He commented that he opposed the notion of preventing appointed council members from seeking election, noting the importance of avoiding unnecessary restrictions on individuals who aspired to serve on the City Council. He added that Rancho Mirage constituents had strongly supported the City Council's appointees in past elections.
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ayor Pro Tem Weill questioned why the Council would want to restrict someone who may be doing a good job in serving the City from continuing their service. He added that it would not bode well for the residents, and he was against it.
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ouncil Member Mallotto explained that a City Council appointment provided a probationary period for the person selected. She noted that if the appointee did not live up to expectations or fulfill their duties, and chose to run for election, the constituents could prevent them from taking that seat. She commented that deciding who to appoint was not an easy task , and emphasized Council did a complete vetting of the applicants in order to select someone who was competent, thoughtful, and measured. She added that the process had been successful for many years. Council Member Mallotto noted that Council Member O’Keefe had done a phenomenal job and the voters recognized it.
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ayor Downs commented that he spoke with the City Attorney about the concept of placing an artificial restriction on an appointee. He noted that although the City could choose to implement such a restriction, it would probably be unenforceable due to California election law.
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OVED/SECONDED BY O’KEEFE/MALLOTTO TO ADOPT ORDINANCE NO. 1222, REPEALING SECTION 2.02.130 (VACANCIES IN CITY COUNCIL OFFICES) OF CHAPTER
2.02 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE RANCHO MIRAGE MUNICIPAL CODE. MOTION CARRIED 4/0.
13. Consider Options for Filling City Council Vacancy.
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ayor Downs presented the staff report. He reported that the suggested start time of candidate interviews was being changed from 1:00 P.M. to 3:00 P.M. on November 14, 2024.
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ublic Comments
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rad Anderson, Rancho Mirage resident, voiced his concerns regarding the timing and transparency of staff reports. He spoke in favor of holding a special election and keeping the seat empty until voters chose who they wanted to represent them. He also encouraged the Council to consider appointing the person with the next highest votes in the recent election.
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siah Harris, Rancho Mirage resident, thanked Mayor Downs for the clarification regarding restricting an appointee from running for election and retracted his related statement. He spoke in support of the concept of an appointee serving a probationary period, adding that his approach would see an appointee serve a probationary period of a minimum of 114 days.
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ayor Downs noted that the staff report was available on the City website. Regarding the timing of the staff report, he explained that it was essential to first know the initial election results in order to have clarity on how to move forward, so it was not possible to write the staff report any sooner.
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ouncil Member O’Keefe expressed his view that, under normal circumstances, elected officials should be elected. He explained that the current circumstances were that a council member resigned six weeks before a municipal election. He noted that the election included five candidates vying for two positions, which left three candidates rejected by the voters. He added that, if a special election was held, it should be fair and open to all and on a level playing field and not stacked in favor of any of the candidates. Council Member O’Keefe noted he pledged to put the interest of the City above any other agenda. He added that he thought what was best for the City, and fairest for all those who would like to serve on the City Council, was to open the application process to anyone who would like to apply and fill the vacancy with someone to serve until the next election. 1-5
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ayor Pro Tem Weill noted that the number of applicants for an appointed City Council position generally far exceeded the number of those who participated in a general election. He explained that the time involved and the expense of campaigning limited the number of people willing to run for election. Mayor Pro Tem Weill added that an appointment, with essentially no cost and limited time involved, saw far more people step up to volunteer. He explained that each applicant was given an opportunity to be interviewed in public. He added that it was a totally transparent process and he supported making an appointment to the vacancy.
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ouncil Member Mallotto noted her participation in a previous appointment interview process, which involved 16 applicants. She explained that often many applicants were individuals who had served for extended periods of time on City commissions. She added that they understood the government process and were familiar with City operations, which helped in the selection process. She mentioned that not all applicants were City Commissioners, but many served in other capacities throughout the Coachella V alley and possessed broad institutional knowledge and education. Council Member Mallotto commented that selecting a candidate from a pool of well -qualified applicants was a challenging task for the Council, but the community was better for it, and it was reassuring to see the level of commitment and desire to serve the City of Rancho Mirage.
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ayor Downs commented that he was opposed to appointing the individual who placed third in the recent election. He explained that the election featured five candidates: two incumbents, one challenger, and two clear opposition candidates. He added that, based on the current results, voters were in the process of accepting the two incumbents and rejecting the two opposition candidates.
Mayor Downs added that it would be ridiculous to appoint a person who was rejected by the voters of the City; it would be disrespecting the will of the voters who voted for Mayor Pro Tem Weill and Council Member O’Keefe.
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OVED/SECONDED BY MALLOTTO/WEILL TO BEGIN THE PROCESS OF MAKING AN
APPOINTMENT TO THE VACANT CITY COUNCIL POSITION ACCORDING TO THE DATES
OUTLINED IN THE STAFF REPORT , INCLUDING THE REVISION THAT INTERVIEW S WOULD BEGIN AT 3:00 P.M. INSTEAD OF 1:00 P.M., AND APPROVE THE APPLICATION FORM AS PRESENTED. MOTION CARRIED 4/0.
14. Consider Approving the Fiscal Year 2023 -2024 Summary and Year -End Budget Adjustments:
A. Resolution No. 2024- (Next-in-Order), Amending the Fiscal Year 2023- 2024 City Budget.
B. Resolution No. 2024-CSD-(Next-in-Order), Amending the Fiscal Year 2023- 2024 Community Facilities District Budget.
C. Resolution No. 2024- HA-(Next-in-Order), Amending the Fiscal Year 2023 -2024 Housing Authority Budget.
D. Resolution No. 2024- LB-(Next-in-Order), Amending the Fiscal Year 2023- 2024 Library and Observatory Budget.
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oseph Carpenter, Assistant Director of Administrative Services, presented the staff report. 1-6
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ublic Comments
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ally Melendez, member of the public, inquired as to how three of the five candidates were rejected by the voters.
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ayor Pro Tem Weill commented on the City's strong financial position, given its size and reserve balance.
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ayor Downs echoed Mayor Pro Tem Weill’s comments and asked if it was the case that any public works items were expected to take a couple of years but the timelines were sped up.
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saiah Hagerman, City Manager, responded that it was the utility undergrounding project timeframe that was sped up.
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or downs clarified that the City expected to spend that money, but intended originally to spend it in future years.
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OVED/SECONDED BY MALLOTTO/WEILL TO ADOPT:
A. RESOLUTION NO. 2024-60, AMENDING THE FISCAL YEAR 2023-2024 BUDGET.
B. RESOLUTION NO. 2024-CSD-03, AMENDING THE FISCAL YEAR 2023- 2024 BUDGET.
C. RESOLUTION NO. 2024 -HA-05, AMENDING THE FISCAL YEAR 2023 -2024 BUDGET.
D. RESOLUTION NO. 2024 -LB-03, AMENDING THE FISCAL YEAR 2023 -2024 BUDGET.
MOTION CARRIED 4/0.
15. Consider Authorizing the City Manager to Enter into an Agreement with Vance Corporation in the Amount of $1,649,883.02 as it Relates to the Country Club Drive Pavement Rehabilitation Project (CP 23-391).
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saiah Hagerman, City Manager, expressed gratitude to Charles Nesbit, Project Manager, for his exceptional contributions, including work on the subject project, and unwavering commitment to the City of Rancho Mirage. He noted that Mr. Nesbit had recently endured a significant medical challenge and a protracted recovery. He acknowledged Mr. Nesbit's perseverance in overcoming the challenges of his recovery and his eagerness to resume his professional duties. Mr. Hagerman commended Mr.
Nesbit and welcomed him back to the Rancho Mirage team.
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yan Stendell, Assistant City Manager, presented the staff report.
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ublic Comments – None.
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OVED/SECONDED BY O’KEEFE/MALLOTTO TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH VANCE CORPORATION IN THE AMOUNT OF $1,649,883.02 AS IT RELATES TO THE COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT (CP23-391). MOTION CARRIED 4/0. 1-7
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CLOSED SESSION AGENDA
1. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6(a)
Designated City Labor Negotiator: Isaiah Hagerman, City Manager E
mployee Organization: Rancho Mirage Employees Association
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.
Property Location: 72201 Manufacturing Rd, Thousand Palms, CA 92276 Negotiator(s): Isaiah Hagerman and Ryan Stendell
Negotiating Parties: City of Rancho Mirage and Coachella Valley Association of Governments
Under Negotiation: Price and Terms of Payment
3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(d)(4). (2 Potential Cases).
Colin Kirkpatrick, City Attorney, reported that the City Council would recess into closed session to confer with legal counsel regarding one labor negotiation item, one real property negotiation item, and two potential initiation of litigation items.
Public Comments
Brad Anderson, Rancho Mirage resident, commented on closed Session Item No. 1, suggesting that City Attorney’s involvement be noted. Regarding Item. No. 2, he suggested that the City yard be relocated to inside the City boundaries. Regarding Item No. 3, he requested that there be more openness about what is going on in the City.
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ECESS TO CLOSED SESSION
The City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency recessed into Closed Session at 2:25 P.M.
RECONVENE OPEN SESSION
Mayor Downs reconvened the meeting at 3:21 P.M.
CLOSED SESSION ANNOUNCEMENTS
Colin Kirkpatrick, City Attorney, reported there was no reportable action taken during Closed Session.
ADJOURNMENT
With no further business to consider, the meeting of the City Council, Library and Observatory Board, Housing Authority Board, and the City Council representing the Redevelopment Successor Agency was adjourned at 3:22 P.M.
Date Approved by City Council:
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Kristie Ramos, City Clerk
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