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09 September 2016

G. Dana Hobart

Official Biography

Born and raised in Los Angeles, Dana and his wife, Vicki, have lived in Rancho Mirage since 1993. They have four children and three dogs. After serving in the US Air Force from 1950 to 1954, Dana attended local colleges, graduating from California State University in 1959, and received his Juris Doctorate from USC School of Law in 1963.  As an attorney, Dana achieved a variety of honors and achievements.  He was President of the Consumers Attorneys Association of Los Angeles, he has been identified annually in “Best Lawyers In America” from 1987 to 2013, and was conferred the highest rating from Martindale-Hubbell since the mid-1970s. Dana also taught civil trial law at a Los Angeles law school.  He has pleaded and won precedent-setting cases, including one before the United States Supreme Court.

Council Statements Regarding CV Link

In citing text from the meeting minutes, others' comment is not often included, and no ellipses are provided.

7 May 2015

The City Council met in regular session.
  • "12. Consideration of Prohibition of the Route of CV Link Over Any Portion of Highway 111 or Bob Hope Drive, in the City of Rancho Mirage
  • "In response to a question from Councilmember Kite, Mayor Hobart clarified the length of the proposed restriction would be the boundaries of the City for both Highway 111 and Bob Hope Drive. 
  • Public Comment
  • "Mike Fontana expressed his thanks to the City Council for taking a leadership role in reviewing this matter and determining the CV Link is not a good fit for Rancho Mirage. He thanked Mayor Hobart for his courage in presenting this to the CVAG Executive Committee meeting, noting that he attended the meeting and thanked Mayor Hobart for making the case for Rancho Mirage and getting them to look at the flaws in the CV Link. Mr. Fontana added that he has been to several CVAG presentations where they refer to the CV Link as a " path" or " trail." However, in reading the CVAG master plan, Mr. Fontana pointed out that it is referred to as a " transportation corridor like any other" and not a " trail." He concluded his comments by saying that he lives next to the Butler -Abrams Trail and feels it is a treasure that needs to be protected.
  • "Mayor Hobart reported that he made a lengthy presentation to the CVAG Executive Committee two weeks ago followed by a meeting a few days later with the CVAG Executive Director where they discussed issues that remain to be resolved. Mayor Hobart noted that in his opinion, those in charge of development design of this project are continuing " full steam ahead." At the CVAG Executive Committee meeting, he asked them to slow down the process, reduce the cost of the project and concentrate on resolving important issues, including the operations and maintenance ( 0&M) expenses for the CV Link.
  • "Mayor Hobart quoted CVAG` s projected 0&M expense of 1. 6 million dollars in the first year of full operation. He noted that the recommended method of funding 0&M was presented at a CVAG Transportation Committee meeting chaired by Mayor Pro Tem Weill, for final approval without it ever having been discussed except on March 30th when the Executive Director of CVAG met with the Rancho Mirage CV Link Subcommittee. Mayor Hobart stated that using the CVAG proposed formula, the City of Rancho Mirage Finance Director calculated that in year nine, Rancho Mirage would pay $ 313, 000 of TOT revenue. Further, it would fall upon five Coachella Valley cities - La Quinta, Indian Wells, Palm Desert, Rancho Mirage and Palm Springs - to pay the majority of the 0&M expense into the future.
  • "In addition to using a percentage of TOT revenue, CVAG is proposing that a third of the 0&M expense would be paid through Measure A funds, which are intended to repair and build new roads; essentially diverting them from already approved projects to the CV Link by designating it as an arterial roadway. Mayor Hobart reported that he suggested to the CVAG Executive Director that CVAG 1) obtain a legal opinion on this issue from an attorney not in this area, e. g. Los Angeles; and ( 2) get agreement from the Coachella Valley cities that Measure A funds should be used for this purpose.
  • "Mayor Hobart indicated that CVAG is proceeding at a quick pace and continues to invest money in this project. He stated that he has a fiduciary responsibility to the residents of Rancho Mirage to fight for what is best for this City. He further stated that he is pushing for a joint meeting of all the cities so they can get the full picture and urged residents to speak out on this issue. 
  • "Councilmember Smotrich thanked Mayor Hobart for his leadership on this issue and for bringing the City Council up to date.
  • "Councilmember Kite thanked Mayor Hobart for his thorough status report. He added that Rancho Mirage is different from other cities involved in this project and to try and put the CV Link along Highway 111 would be disastrous for residents and businesses. Councilmember Kite agreed that the City Council should continue to convey to CVAG the need to develop an alternative plan and to resolve the 0&M expense issues.
  • "Councilmember Townsend expressed his appreciation for Mayor Hobart' s dedication to this City and leadership role in this matter.
  • "MOVED/ SECONDED BY HOBART/ KITE TO PROHIBIT THE ROUTE OF THE CV LINK TO EXTEND OVER ANY PORTION OF HIGHWAY 111 OR BOB HOPE DRIVE WITHIN THE CITY OF RANCHO MIRAGE. MOTION CARRIED 5/ 0."

COMMMENTARY

21 May 2015

The City Council met in regular session.
  • "STATUS UPDATE REGARDING CV LINK
  • "Mayor Hobart commented on the CV Link and stated the City of Rancho Mirage has four motions that it has asked to be placed on the June 1, 2015 agenda of the Executive Committee for the Coachella Valley Association of Governments (- CVAG"). These include the following requests:
    1. To convene an all -day CV Link discussion with all of the cities in the Valley that are affected so that they all hear the same answers at the same time regarding operations and maintenance expenses, funding formulas, proposed percentage of Transient Occupancy Tax (" TOT"), and options for the future should cities be unable to meet their financial obligations for the project.
    2. To approve a request to form a committee of the whole of the CVAG Executive Board for a half- day meeting to hear from CVAG regarding their proposed funding for the ongoing operations and maintenance (" O& M") expenses and what alternative methods of payment CVAG has considered.
    3. To obtain a legal opinion from a major law firm in Los Angeles, Orange County or San Diego related to CVAG' s proposed use of Measure A funds, which were approved by voters in 2002 to be used for the funding of road repairs and maintenance in Riverside County. Mayor Hobart noted that Measure A funds fall under the authority of the Riverside County Transportation Commission which has already identified, through the Transportation Project Prioritization Study (" TPPS"), 247 road repair projects for which Measure A funds are to be utilized.
    4. To request that CVAG slow down the progress of the design and development of the CV Link which, to date has cost between 2 and 5 million dollars, until it can be determined that the CV Link 0&M can be funded for the long- term life of the project and questions regarding funding can be resolved.
    "Mayor Hobart stated that he would continue to keep the City informed regarding the CV Link project. He further added that Mayor Pro Tem Weill is on the CVAG Transportation Committee, Councilmember Smotrich is on the CVAG Safety Committee, and Councilmember Townsend is on the CVAG Energy and Other Resources Committee.
  • "NON -AGENDA PUBLIC COMMENT
  • "Ron Sharrow, Rancho Mirage, stated that he sent a letter which was published in the Desert Sun regarding the CV Link and commented that he can see no benefit to the City which would justify the cost of this project or the on- going maintenance costs.supports and agrees with Mayor Hobart in this matter and feels that prudence and further investigation is of utmost importance in an effort of this magnitude."

COMMMENTARY

4 June 2015

The City Council met in regular session.
  • "Mayor Hobart provided an update regarding the Coachella Valley Association of Governments (" CVAG") Executive Committee meeting held on June 1, 2015. He noted that the City of Rancho Mirage RM") presented four motions as outlined in the minutes of the May 21, 2015 City Council meeting. Mayor Hobart indicated that he withdrew the RM motion to seek an opinion from an outside attorney in light of CVAG' s decision to release a report from their legal counsel, Best, Best & Krieger, regarding the proposed use of Measure A funds for the CV Link. However, based on his subsequent review of the CVAG legal counsel' s report following the CVAG Executive Committee meeting, Mayor Hobart indicated that he still feels that an outside assessment is warranted from an attorney who is independent from CVAG. Mayor Hobart reiterated that Measure A funds fall under the authority of the Riverside County Transportation Commission, which has already identified, through the Transportation Project Prioritization Study (" TPPS"), 247 road repair projects for which Measure A funds are to be utilized.
  • "With respect to alternate routes in Rancho Mirage, the CVAG Executive Committee approved a CVAG staff request to consider a route from Monterey Avenue along Gerald Ford Drive. Mayor Hobart indicated this was opposed by RM as well as another proposal to re -look at the environmental impact to the Butler/ Abrams Trail if electric vehicles were not permitted on the trail. Mayor Hobart noted that the City of Indian Wells strongly supports RM and plans to put to the Indian Wells voters whether Measure A funds should be used for the CV Link as well as the proposed routes in Indian Wells.
  • "Mayor Hobart noted there were many people who spoke in both support and opposition to the CV Link at the CVAG meeting; however, the significant and serious issue of the Operations and Maintenance (" O& M") funding once the project is completed is unresolved and, per the March 2015 Draft Master Plan, remains at a projected $ 1. 6 million.
  • "Mayor Hobart stated that he will continue to provide CV Link updates to the City Council and assured residents that Rancho Mirage will not sign -off on any route or funding proposals that are not acceptable to the City.
  • "Mayor Pro Tem Weill added that the CVAG Executive Committee voted in favor by a 6/ 4 vote to have a collective meeting of city council members, city managers and finance directors to receive input from each city about this issue. He also noted that of the two individuals at the CVAG meeting who represented other similar trails in California, neither project allowed electric vehicles on their trails.
  • "Mayor Hobart clarified that with regard to a joint meeting referenced by Mayor Pro Tem Weill, the intent is for CVAG to distribute the current Master Plan to each city and they will formulate O& M projections for their city and bring them back to a joint meeting for discussion. In response to a comment by Councilmember Kite, Mayor Hobart noted that CVAG received a letter from Goldenvoice expressing a possible interest in assuming the O& M expenses for the CV Link; however, there were no specifics and no commitment."

COMMMENTARY

18 June 2015

The City Council met in regular session.
  • "12. Oppose the alternative CV Link route alignment along Gerald Ford Drive within the City of Rancho Mirage.
  • "Councilmember Kite asked Mayor Hobart where the City stands as far as outstanding proposed alignments.
  • "Mayor Hobart responded that there are currently no approved routes through the City of Rancho Mirage. CVAG suggested Gerald Ford Drive for environmental impact purposes. Mayor Hobart said that he proposed two routes on behalf of the City of Rancho Mirage, which he will elaborate on later in the meeting.
  • "Public Comment
  • "Erica Felci, CVAG Governmental Program Analyst, submitted and read into the record a letter from CVAG Executive Director Tom Kirk, which addressed CVAG' s intent to continue working with Rancho Mirage leaders to find an acceptable route.
  • "Mayor Hobart said that the Executive Committee voted 7- 2 to designate Gerald Ford Drive as a perspective route, adding that he voted against this option. He explained that the " one dozen alternative routes considered," mentioned in Mr. Kirk' s letter, occurred due to the City of Rancho Mirage being the most uniquely situated of the nine Coachella Valley cities. This makes finding a route difficult. The CV Link idea began with the premise that it would traverse the Whitewater Channel, which poses an issue for residential communities in Rancho Mirage. Using Highway 111 would create chaos. No city in the Valley has approved using Highway 111. Many residential communities enter off of Gerald Ford Drive, from DaVall Road to Monterey Avenue, with the exception of one square mile of undeveloped land across from the Annenberg property. This is probably the most cherished and expensive square mile of empty land in the Valley and the CV Link would impede the development and design of this vacant
    land.
  • "Mayor Hobart said that this is not a matter of the City Council not wanting to find a place for CV Link to come through Rancho Mirage. At the Executive Committee meeting, he suggested adding two different routes for consideration from environmental perspectives, and made it clear that the Rancho Mirage City Council will never approve any route without knowing the longterm financial impact on the City. His first suggested route goes down Ramon Road to Bob Hope Drive, then either behind the casino or over to County land on the other side of the freeway, and then up to Monterey Avenue. The second suggestion is to start at the northern edge of Rancho Mirage, between the City boundary and the railroad tracks, and find a pathway through the City that will not disturb anything. 
  • "Mayor Hobart again stressed that a route cannot be approved prior to knowing the operations and maintenance cost. It is projected that the total operations and maintenance cost for the first year will be $ 1. 6 million. CVAG does not know where the funds will come from and has suggested burdening the County and virtually five cities with the cost. That suggestion was denied by a 5- 0 vote. Sixty- three years of cities making those payments would mean over $ 200 million coming out of the Valley to pay for CV Link.
  • "MOVED/ SECONDED BY HOBART/ WEILL TO PROHIBIT THE PROPOSED CV LINK ALIGNMENT ALONG DATE PALM DRIVE, GERALD FORD DRIVE, AND MONTEREY AVENUE, PURSUANT TO THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR. MOTION CARRIED 5/ 0.
  • "Councilmember Kite asked how the Executive Committee reacted to the two alternative route options suggested by Mayor Hobart.
  • "Mayor Hobart responded that the Executive Committee passed them both, but has not taken any formal action."

2 July 2015

The City Council met in regular session.
  • "4. CV Link Update
  • "Mayor Hobart reported that at the June 29th Coachella Valley Association of Governments ( CVAG) Executive Committee Meeting, the City of Rancho Mirage presented a motion for outside legal counsel to provide a second opinion on maintenance and operation costs for the CV Link. The motion failed with a 10- 2 vote. He said there is no additional information regarding the route or the responsibility for maintenance and operation costs."

COMMMENTARY


16 July 2015

The City Council met in regular session.
  • "10. CV Link Update
  • "Mayor Hobart reported that CV Link proponents have taken the position that future operations and maintenance ( 0&M) costs will be paid with Measure A funds. The City of Rancho Mirage submitted a brief, suggesting that it may not be legal to use Measure A funds for this purpose. The proponents retained Best Best and Krieger ( BB& K) for an opinion. BB& K provided a written opinion that it is legal to use some Measure A funds for part of CV Link 0&M  expenses. The Law Offices of Steve Quintanilla & Associates ( Q& A) provided an opinion that it is probably not legal to do so. Prior to agreeing to the use of Measure A funds, the City of Rancho Mirage must know that it is legal. If it turns out that Measure A funds are unavailable, the amount of money required by Cities will increase significantly. At the last Coachella Valley Association of Governments ( CVAG) Executive Committee Meeting, Rancho Mirage representatives presented a motion to retain an outside, major, independent law firm for a full and complete opinion as to whether Measure A funds will be available. The majority of the CVAG Executive Committee voted down the motion. Mayor Hobart stated that, in his view, having an opinion from BB& K is a problem due to the fact that they represent the Riverside County Transportation Commission ( RCTC) and the City of Palm Desert, and have represented CVAG with respect to CV Link. It would be difficult for them to be totally objective, so for the security of each city' s financial commitment, there should be a legal opinion from a legal firm having no contact with any of the parties involved with the project.
  • "Public Comment - None."

COMMMENTARY


3 September 2015

The City Council met in regular session.
  • "8. CV Link Update.
  • "Mayor Hobart commented that the Coachella Valley Association of Governments ( CVAG) has yet to designate anyone to be in charge of paying operation and maintenance ( 0&M) costs. CVAG has suggested paying for a substantial portion with Measure A funds. Such funds exist due to Riverside County voters twice passing a one half cent increase in sales tax, which generates approximately $ 120 million per year for the Coachella Valley. A portion goes to cities and another portion goes to CVAG to dispense for the purpose of caring for debilitated roadways in Riverside County. There is a movement under way to authorize the payment of over 40% of 0&M costs, or approximately $ 600, 000 per year, with Measure A funds. Rancho Mirage opposes this attempt to diminish the Measure A account.
  • "Mayor Hobart stated that the last CVAG Transportation Committee agenda included an effort to take $ 1. 8 million of Measure A funds and apply it to a specific city, without the appropriate authority, and in violation of all rules related to Measure A funding and the intent of the voters.
  • "Mayor Hobart stated that the Cathedral City item was included on the CVAG Transportation Committee agenda with little notice. Cathedral City representatives claim that it is necessary to move forward with their piece of the project because two State grant awards transferred to CVAG will expire in the near future. 
  • "Mayor Hobart stated that the  position of Rancho Mirage remains that nothing should be built until the final 0&M cost for the
    next 100 years is known. 
  • "Public Comment - None."

COMMMENTARY

17 September 2015

The City Council met in regular session.
  • "9. CV Link Update.
  • "Mayor Hobart presented the Position Statement included in the agenda packet for Council' s consideration. [The Position Statement is appended at the end of this excision from the minutes.]
  • "MOVED/ SECONDED BY HOBART/ SMOTRICH  TO ADOPT THE POSITION
    STATEMENT. MOTION CARRIED 5/ 0.
  • "Councilmember Kite asked if the adopted position will be presented to the Executive Committee on September 28th, to which Mayor Hobart responded that it will.
  • "Mayor Hobart reported that he spoke earlier in the day at a City of Indian Wells Special City Council Meeting regarding the CV Link. CVAG Executive Director Tom Kirk also made a presentation. Mayor Hobart said he made it clear that Rancho Mirage is resolute in the intention to not allow any of the routes already rejected.
  • "Mayor Hobart stated that, during a recent CVAG Technical Advisory Committee meeting, Finance Director Isaiah Hagerman asked why CVAG would waste money for an environmental impact report ( EIR) knowing the roads are unavailable. Comments were made that the individuals on Rancho Mirage City Council may not be re- elected and they are getting old, so there could be a new Council that may have different ideas. This shows that they want to have an EIR ready in case circumstances change. Mayor Hobart stated that if the motion passes at the CVAG Executive Committee meeting on September 28th, the City' s offer of Ramon Road as a connecting route will be withdrawn.
  • "Mayor Hobart reported that at the Indian Wells meeting, he addressed the fact that CVAG' s current documents show that CV Link/ CVAG plans to apply approximately $ 600, 000. 00 per year to CV Link maintenance costs. He said Measure A funds are accumulating and are required to be spent on disabled roadways, and preventative maintenance. The adopted Ordinance requires that preventative maintenance of Measure A funded arterials be allowed only if the majority of Coachella Valley local governments approve. He said CVAG seems to be taking the position that they do not need a vote of each government and that the cities' Executive Committee representatives may vote to allow Measure A funds to be used for preventative maintenance.
  • "MAYOR' S MEMORANDUM
  • "DATE: September 15, 2015
  • "TO: Members of the City Council
  • "FROM: G. Dana Hobart, Mayor
  • "SUBJECT: Proposed Statement of City of Rancho Mirage's Position on CV Link Alignment to Present to the CVAG Executive Committee
  • "SPECIFIC REQUEST OR RECOMMENDATION:
  • "That the City Council review and consider the following position statement regarding the alignment of CV Link.
  • "PROPOSED STATEMENT
  • "No portion of any CV Link route, path, road, trail, and/or other alignment into, upon, or otherwise within the jurisdictional boundaries of the City of Rancho Mirage shall be permitted without the proponent(s) of any such route, path, road, trail, and/or other alignment first obtaining approval from the City Council together with a signed Agreement in writing with the City of Rancho Mirage. This requirement applies to any route, path, road, trail, and/or other alignment regardless of the entity proposing it -- CVAG, CV Link, RCTC, Riverside County or any other private or public organization.
  • "The requirement of prior City Council approval applies to any and all proposed routes, paths, roads, trails, and/or other alignments, whether or not they were previously proposed by CVAG, CV Link, RCTC, Riverside County or any other private or public organization.
  • "City Council approval will require the parties to agree to several conditions including without limitation, environmental, economic and otherwise.
  • "For example, Rancho Mirage must agree to the formula that sets economic responsibility on the City respecting the long and short term operations and maintenance expense. Another condition requires agreement of the owner of the land adjacent to the eastern portion of Ramon Road approving the CV Link intrusion and design adjacent to said owner' s property lines.
  • "The City of Rancho Mirage has offered and does hereby continue to offer to favorably consider Ramon Road from the vicinity of Bob Hope Drive to Da Vall Drive as a possible route within the City to enable CV Link to connect with Palm Desert and Cathedral City. (We note that CVAG has not indicated an interest in Dinah Shore Drive, the Mid-Valley Parkway.)
  • "The Executive Director of CVAG has recently informed Rancho Mirage that the September 28, 2015, meeting of the CVAG Executive Committee will consider authorizing environmental impact studies on one or more routes, paths, roads, trails, and/or other alignments within the City that were previously rej ected by the Rancho Mirage City Council. The City of Rancho Mirage strongly opposes the wasteful spending of taxpayer funds by performing unnecessary environmental impact studies on potential CV Link routes, paths, roads., trails, and/or other alignments which, by direction of the Rancho Mirage City Council, are not available. Therefore, the offer making Ramon Road available for CV Link shall automatically be nullified and withdrawn if the CVAG Executive Committee votes in favor of an environmental impact study pertaining to any portion of a Rancho Mirage route, path, road, trail, and/or other alignment including Highway 111 which were previously rejected as potential routes by the Rancho Mirage City Council."

COMMMENTARY

5 October 2015

The City Council met in regular session.
  • "7. CV Link Update.
  • "Mayor Hobart - reported that on September 28th the CVAG - Executive Committee voted to approve a $ 150, 000 Environmental Impact Study including Highway 111 as a prospective CV Link route, after having been informed by Rancho Mirage that Highway 111 is not an option. Due to this vote, Rancho Mirage formally withdrew the Ramon Road route option and will not be part of the CV Link project.

COMMMENTARY

15 October 2015

The City Council met in regular session.
  • "CITY COUNCIL/BOARD MEMBER COMMENTS
  • "Councilmember Smotrich commented that a recent Desert Sun editorial was inappropriate, unfairly critical of the City, and harshly criticized Mayor Hobart. She said the article was self-serving to the newspaper and lacked any positive suggestions. She added that taking $ 1 million from Measure A funds to annually finance CV Link is contrary to its intended use.
  • "Mayor Hobart commented that the " shoot the messenger" approach of the Desert Sun Editorial Board said more about the newspaper than it did about him. In response to the article's claim that CV Link is a vision of the future embraced by Board Members, he said there is a maximum of 11 votes on the CVAG Executive Committee and those 11 individuals created this project without input from residents. He suggested that each City have a separate vote on the project. In response to the article' s statement that the project is beneficial to the community, he clarified that Rancho Mirage has long supported a bicycle and pedestrian path that would positively impact residents. The City does not support significantly increasing costs by adding Neighborhood Electric Vehicles ( NEVs) and Low -Speed Electric Vehicles ( LSEVs). In response to the article' s assertion that all public investment comes with a measure of faith and the newspaper has faith that necessary funding will come together, he stated that funding should be approached in a responsible way, as more than faith is needed in business. He said the ability to raise money must also be shown.
  • "Mayor Hobart said the Desert Sun failed to offer a suggestion addressing the fact that not all cities have their portion of the $ 1. 6 million necessary for the first year of operation and maintenance ( O& M) costs. CVAG recommended a formula based upon bed tax earned by cities, indicating that Rancho Mirage would pay around $ 22, 000 in the first year and approximately $ 251, 000 in the ninth. He said Council will not impose that on residents without a vote and that the Desert Sun is endorsing a project with problems for which solutions have not been identified.
  • "Mayor Hobart provided background on the initial approval of Measure A, explained the intended use of related funding, and provided a brief history on how the funds have been used throughout the Coachella Valley. He said CV Link is a new project and applying Measure A funds to it would take funding away from Riverside County roads that have long been identified as needing repair.
  • "Administrative Services Director Isaiah Hagerman projected that annual CV Link O& M costs will increase to approximately $2 million within nine years of project completion. 
  • "Mayor Hobart said CVAG should have met with each city to determine appropriate routes. Rancho Mirage prohibited the use of Highway 111 for CV Link and offered Ramon Road. CVAG was not satisfied with the offer and continued with a $ 150,000 environmental impact study including Highway 111.
  • "Mayor Hobart commented that, regardless of how special interests try to paper over this 100 million purchase, an enlightened public will continue to demand a public vote. The newspaper's endorsement of taking $ 1 million annually out of Measure A roadway improvement funds is tacit recognition that CVAG has failed to solve the financial quagmire that CV Link is in. Support for annually withdrawing $ 1 million is misleading, since it will reach $ 2 million annually in 36 years.
  • "Mayor Hobart said he believes the vast majority of Valley residents do not want our roadway improvement Measure A funds turned over to support the CV Link pathways for NEVs and LSEVs. He said the newspaper's support for avoiding a public vote shows little faith in the democratic process, but democracy is alive and well in Rancho Mirage.
  • "Mayor Hobart thanked the community for their support.
  • "12. Consideration of Resolutions, Ordinance and Ballot Measures to Protect the City of Rancho Mirage's Local Control of its Streets and Traffic and to Allow Rancho Mirage Residents to Voice their Opinions on Substantive Issues Pertaining to CVAG's Proposed CV Link Project and it's Cost to the Taxpayers.
  1. "A. Adopt Resolution No. 2015- 107, that: ( a) prohibits neighborhood electric vehicles in certain areas and on certain streets within the jurisdiction of the City of Rancho Mirage; ( b) prohibits a Neighborhood Electric Vehicle Plan from including any area within the iurisdiction of the City of Rancho Mirage unless the area is approved first by an ordinance of the City of Rancho Mirage; and ( c) prohibits any portion of CV Link or similar pathway from including any area within the jurisdiction of the City of Rancho Mirage:
  2. "B. Introduce Ordinance No. 1099, 1st Reading, that: ( a) prohibits neighborhood electric vehicles in certain areas and on certain streets within the iurisdiction of the City of Rancho Mirage: ( b) prohibits a Neiqhborhood Electric Vehicle Plan from including any area within the
  3. iurisdiction of the City of Rancho Mirage unless the area is approved first by an ordinance of the City of Rancho Mirage; and ( c) prohibits any portion of CV Link or similar pathway from including any area within the jurisdiction of the City of Rancho Mirage:
  4. "C. Adopt Resolution No. 2015- 108, that calls and notices the holding of an advisory election on the same date of the City's General Municipal Election, set for April 12, 2016, for the purpose of submitting to the City's qualified voters five advisory measures concerning the proposed CV Link proiect, which is a paved pathway proposed by the Coachella Valley Association of Governments ( CVAG) that will be approximately 50 miles long, accommodate pedestrians, bicycles and neighborhood vehicles that can travel up to 25 miles per hour;
  5. "D. Adopt Resolution No. 2015- 109, placing a measure on the ballot of the City's General Municipal Election asking the voters: " Shall the voters of Rancho Mirage require that any amendment or repeal of Ordinance No. 1099 that prohibits Neighborhood Electric Vehicles ( NEVs) in certain areas and on certain streets within the iurisdiction of the City of Rancho Mirage require prior voter approval?"; and
  6. "E. Designate the Mayor or his designee or designees on the Rancho Mirage City Council to prepare the Arguments in " Favor" of Measure 6 and the Arguments " Against Approval" of Advisory Measures 1, 2, 3, 4 and 5, on behalf of the Rancho Mirage City Council.
  • "Mayor Hobart noted slight language modifications made to the proposed ordinance and resolutions following agenda distribution.
  • "Public Comment
  • "Erica Felci, CVAG, said CVAG staff spent years working with Rancho Mirage and other members on the CV Link plan and appreciated the City's support along the way. CVAG staff is aware of Council' s concerns regarding proposed routes and long term costs. They tried to provide answers through public meetings, correspondence, and responses to public records requests. They also attempted to find compromises that worked for Council. On October 13, 2015, CVAG' s Executive Director sent a letter to City Manager Bynder pledging CVAG's full support if the Mayor and Council reconsidered an option proposed in June to create a modified version of CV Link in Rancho Mirage which did not allow for NEVs. She requested that Council reconsider the ballot measures and continue to work through the regional planning process. She further requested that, if Council decides to move forward with the proposed ballot measures, that they do so in a way that does not mislead the public.
  • "Mayor Hobart said that CVAG should have presented their proposals over the past several days, as waiting until this time makes them virtually undoable.
  • "Administrative Services Director Hagerman explained in detail how the language and numbers included in the ballot measures were prepared. He stated that CVAG may only legally use Measure A funds for O& M expenses if Measure A funds are used toward construction costs.
  • "Mayor Hobart commented that the Desert Sun Editorial Board has not seen the information provided in Mr. Hagerman' s analysis. They are accepting what they are told by CVAG and editorial decisions lacking independent investigation are negative to the entire Valley.
  • "Mayor Hobart suggested revising the list of prohibited streets included in Items A and B by striking Ramon Road and adding Magnesia Falls Drive and Joshua Road.
  • "A discussion ensued regarding the use of Ramon Road.
  • "MOVED/SECONDED BY HOBART/WEILL TO ADOPT RESOLUTION NO. 2015- 107, PROHIBITING LOW -SPEED VEHICLES AND NEIGHBORHOOD ELECTRIC VEHICLES IN CERTAIN AREAS AND ON CERTAIN STREETS WITHIN THE JURISDICTION OF THE CITY OF RANCHO MIRAGE, AND REVISING THE LIST OF PROHIBITED STREETS BY STRIKING RAMON ROAD AND ADDING MAGNESIA FALLS DRIVE AND JOSHUA ROAD. MOTION CARRIED 5/0.
  • "MOVED/SECONDED BY HOBART/WEILL TO APPROVE ORDINANCE NO. 1099, 1ST READING, PROHIBITING LOW -SPEED VEHICLES AND NEIGHBORHOOD ELECTRIC VEHICLES IN CERTAIN AREAS AND ON CERTAIN STREETS WITHIN THE JURISDICTION OF THE CITY OF RANCHO MIRAGE, AND REVISING THE LIST OF PROHIBITED STREETS BY STRIKING RAMON ROAD AND ADDING MAGNESIA FALLS DRIVE AND JOSHUA ROAD. MOTION CARRIED 5/ 0.
  • "MOVED/SECONDED BY HOBART/SMOTRICH TO ADOPT RESOLUTION NO. 2015- 108, CALLING AND NOTICING THE HOLDING OF AN ADVISORY ELECTION ON THE SAME DATE OF THE CITY OF RANCHO MIRAGE GENERAL MUNICIPAL ELECTION FOR THE PURPOSE OF ALLOWING THE VOTERS OF RANCHO MIRAGE TO VOICE THEIR OPINIONS ON CERTAIN SUBSTANTIVE ISSUES PERTAINING TO CV LINK, INCLUDING STATED LANGUAGE MODIFICATIONS AND THE ADDITION OF BUTLER ABRAMS TRAIL TO ADVISORY MEASURE 5. MOTION CARRIED 5/ 0.
  • "MOVED/SECONDED BY HOBART/TOWNSEND TO ADOPT RESOLUTION NO. 2015-109, PLACING A MEASURE ON THE BALLOT OF THE CITY OF RANCHO MIRAGE GENERAL MUNICIPAL ELECTION ASKING THE VOTERS: " SHALL THE VOTERS OF RANCHO MIRAGE REQUIRE THAT ANY AMENDMENT OR REPEAL OF ORDINANCE NO. 1099 THAT PROHIBITS NEIGHBORHOOD ELECTRIC VEHICLES (NEVs) IN CERTAIN AREAS AND ON CERTAIN STREETS WITHIN THE JURISDICTION OF THE CITY OF RANCHO MIRAGE REQUIRE PRIOR VOTER APPROVAL?" MOTION CARRIED 5/ 0.
  • "MOVED/SECONDED BY HOBART/SMOTRICH TO DESIGNATE THE MAYOR OR HIS DESIGNEE OR DESIGNEES ON THE RANCHO MIRAGE CITY COUNCIL TO PREPARE THE ARGUMENTS IN " FAVOR" OF MEASURE 6 AND THE ARGUMENTS " AGAINST APPROVAL" OF ADVISORY MEASURES 1, 2, 3, 4 AND 5, ON BEHALF OF THE RANCHO MIRAGE CITY COUNCIL. MOTION CARRIED 5/ 0."

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