Rancho Mirage city council on 16 April 2015

16 April 2015

The City Council met in regular session and decided to "oppose the CV Link route alignment over the Butler-Abrams Trail and to oppose the CV Link route alignment at the Highway 111/Paxtron Drive at grade crossing and support the realignment of the route on the south side of Highway 111 with an underpass crossing at the Magnesia Falls flood control channel."

• "Bruce B. Harry, Director of Public Works, provided the staff report and displayed photographs of the areas that would be affected as they exist today and renderings of the two CV Link routes as proposed by CVAG. Mr. Harry recommended the City Council take formal action to oppose the two proposed CV Link positioning over the Butler Abrams Trail.
• "Sondra Jones, Rancho Mirage, said she believes she speaks for all of the homeowners who live in Thunderbird Villas, Thunderbird Heights and Thunderbird Cove and does not see this CV Link proposal as beneficial in any way to the homeowners of these communities, which would be directly in front of all three. This project would be extremely detrimental to the aesthetics and property values of all the homes affected from Paxton Drive to Country Club Drive. She further stated these communities are high- end, secluded, private and well maintained and they want to keep them that way. She said their concerns are that this proposal would create a traffic hazard, an increase in crime and vandalism and they do not support it.
• "Mayor Hobart clarified that while the Coachella Valley Association of Governments ( CVAG) has the power of imminent domain, any city, by a majority vote of the council, may reject their application for imminent domain and thereby prevents [sic] it. He noted that CVAG is very aware that the City of Rancho Mirage will not support any effort of condemnation of property. By way of background, Mayor Hobart clarified that the CV Link has been in progress for several years and has expanded from a bike and walking path to a path for walking, bikes, golf carts and electric powered vehicles that do not exceed 25 MPH. He added that the CV Link would basically follow the wash from Palm Springs to Coachella, except through Rancho Mirage where there are four different golf  courses in the wash area. Mayor Hobart expressed sympathy and concern for the Rancho Mirage residents and businesses along the proposed path and assured that all that the City Council is dedicated to addressing this issue.
• "Denise Roberge, Rancho Mirage, commented that 13 years ago she built a home in Rancho Mirage on the Butler-Abrams Trail. Ms. Roberge displayed an aerial photograph of her home showing that the proposed CV Link roadway would go directly in front of her home and be 10 feet from her kitchen and bedroom windows, in addition to a proposed access road adjacent to the side of her home. Ms. Roberge feels this would make her home unlivable and unsellable as well as affecting other properties for sale around it. She appealed to the City Council to fight this project.
• "Dan Smith, President of Thunderbird Villas, noted he is also representing Thunderbird Country Club and Thunderbird Cove. He noted that the proposed roadway would go through their entry gate and would cause major traffic issues. It would also impact the fire station. He noted that his association has consulted legal counsel and is prepared to file a lawsuit if necessary. They are also very concerned about the close proximity of the roadway to homes causing security and crime issues. Mr. Smith requested that Mr. Quintanilla attend their homeowners association board meeting on April 17, if possible. In response to questions regarding funding for project maintenance, Mayor Hobart clarified that the City Council unanimously voted to disapprove of the funding process that CVAG has been proposing
  which was the use of 8% of the City' s Transient Occupancy Taxes (TOT) over the past year. Mr. Quintanilla suggested that he also provide Mr. Smith all the relevant documents the City has received from CVAG.
• "Sid Hubbard, Thunderbird Heights, commented that he shares the concerns already expressed and the awkward access issues that would result. Mr. Hubbard asked that the Council include in
  their motion that they are in favor of restricting the width of the pathway if necessary.
• "Donnie Hubbard spoke in favor of the Council' s motion regarding the Butler -Abrams Trail. She shared her advocacy of trails but opposes this proposed roadway. In addition, Mrs. Hubbard noted that she knew Mr. Butler, for whom' the trail was named, and felt he would be horrified to know what was being proposed by CVAG. In response to questions, Mr. Harry noted that CVAG is just starting an environmental impact study which will include public hearings and will take at least one year to complete.
• "Mary Jane Feliz, Thunderbird Cove, shared that she loves living in this area and cannot imagine what would happen if this project were allowed to proceed. Ms. Feliz also implored the City Council not to allow this to happen.
• "Murray Bryant, Rancho Mirage, noted that he has two properties that back up to the Butler -Abrams Trail and is supportive of the City Council' s opposition to the routes as proposed. Mr. Bryant acknowledged that while the Councilmembers may receive a lot of criticism from the other cities, the residents of Rancho Mirage will fully support the City Council in their opposition to this project. He added that he also feels it would negatively impact his neighborhood and property values.
• "Lisa McFadden, daughter of John McFadden who previously served as Mayor of Rancho Mirage, made comments in strong opposition to the CV Link project. She noted that her family owns six acres of property along the Butler -Abrams Trail and this would have a devastating impact on them. Ms. McFadden thanked the City Council for their hard work and encouraged their continued opposition in this matter.
• "There being no further comments, the Public Hearing was closed.
• "MOVED/ SECONDED BY HOBART/ WEILL TO OPPOSE THE CV LINK ROUTE ALIGNMENT OVER THE BUTLER- ABRAMS TRAIL AND TO OPPOSE THE CV LINK ROUTE ALIGNMENT AT THE HIGHWAY 111/ PAXTON DRIVE AT GRADE CROSSING AND SUPPORT THE REALIGNMENT OF THE ROUTE ON THE SOUTH SIDE OF HIGHWAY 111 WITH AN UNDERPASS CROSSING AT THE MAGNESIA FALLS FLOOD CONTROL CHANNEL.
• "City Council/ Board Member Comments
• "Mayor Hobart reported that it wasn' t until March 30, 2015 that the City became aware of CVAG' s proposed method of payment for the CV Link, which includes taking 8% of the increase from the prior year of the City' s Transient Occupancy Tax ( TOT) reserves. Mayor Hobart noted this formula for payment was determined with no input from the City of Rancho Mirage and would be disproportionately high for those cities with higher TOT than others.
• "Mayor Hobart also commented on the cost of maintaining the Rancho Mirage portion of the CV Link on an annual basis. He noted that a motion was recently put before the Transportation Committee of CVAG, chaired by Mayor Pro Tem Weill, that the projected cost of operating and maintaining the CV Link is 1. 6 million dollars per year when the 50 - mile project is fully constructed. Mayor Hobart clarified these are the projected costs for the first year only and would undoubtedly be higher at the actual time of completion and every year thereafter. As a comparison, he cited an example of the American River Parkway project in San Francisco, a 26 -mile running/ biking path with a budget of 2. 9 million dollars to maintain for 2014/ 2015, which is half the length of the proposed CV Link project. The projected cost of operating the CV Link is 3. 5 million dollars for 2014/ 2015.
• "Mayor Hobart reviewed the cost of the CV Link project if based solely on the number of miles of CV Link per city, which would be $ 150, 000 in Rancho Mirage. However, to reduce the operations and maintenance costs, he noted that CVAG has proposed that approximately one- third of those costs be covered by Measure A funds. Mayor Hobart stated the cost to Rancho Mirage, using the TOT formula referenced earlier, is projected to be $ 122, 000 in FY2019/ 2020, with incremental increases each year to an estimated $ 312, 000 in FY2023.
• "Reading from the CVAG report, Mayor Hobart indicated that once approved by a majority of the cities, CVAG would be permitted to use its Measure A revenues for preventative maintenance of the CV Link, which CVAG has labeled a " regional arterial."
• "In summary, Mayor Hobart stated that the City Council sees the CV Link project as impeding traffic, impeding access to business, impeding access to residences in many communities and, therefore, is in no way favorable to the interests of Rancho Mirage. The City' s preference would be that the CV Link circumvent Rancho Mirage and find another route. He alsoe noted that the funding issue would need to be addressed in a very serious manner, which would likely begin with limiting the project to a bicycle and jogging path. Further, Mayor Hobart stated that before CVAG proceeds further they need to find a way to significantly reduce the cost of operations and maintenance that cities can buy into and not put future generations into serious financial difficulties.
• "Finance Director Isaiah Hagerman stated that the TOT funding formula for the CV Link project results in an unfair allocation of costs and results in TOT producing cities paying for the maintenance costs of low or non -TOT producing cities. Mr. Hagerman noted that the concept of setting the year 2016 TOT revenue as the base year and then charging cities 8% of the growth in TOT revenue in the future years, will inherently increase the City of Rancho Mirage' s annual contribution over time. As revenue grows over time and the base year is frozen, the 8% factor will grow as well. For the City of Rancho Mirage, he stated that the first year CVAG is proposing to begin charging cities 8% of growth would be in the year 2017 and would cost $ 28, 350 and increase nine years later to over $ 312, 000. Mr. Hagerman indicated that TOT represents approximately 30% of general funds revenue for the City of Rancho  Mirage and the concept of committing such a large amount of future TOT revenue to the CV Link operations and maintenance costs in perpetuity would have a very negative impact to Rancho Mirage. 
• "City Manager Randal Bynder noted that he recently reported at the Coachella Valley Water District ( CVWD) Board meeting that the Butler -Abrams Trail is a long established rural trail and has historical significance to the Rancho Mirage community. He explained that the City of Rancho Mirage has an easement to use that trail but the CVWD owns the land. Therefore, Mr. Bynder requested that the CVWD not grant an easement to CVAG over the Butler -Abrams Trail.
• "Mr. Bynder also commented that approximately two weeks ago, he requested that CVAG have another public workshop on the CV Link. A meeting was subsequently held in the community room at the Rancho Mirage Public Library; however, Mr. Bynder has been concerned that CVAG has not been adequately notifying adjacent property owners as the CV Link has been discussed over the past few years. Therefore, City staff recently distributed the public hearing notice flyer and sent it to adjacent property homeowners associations and residents that are directly affected by the CV Link. Mr. Bynder noted that the CVAG Executive Committee, which consists of all the city mayors and county representatives, has not approved the CV Link master plan and it is still in a draft form. He noted that while some of Rancho Mirage city officials and staff may have voted in the past for the concept to move forward, none of the details discussed at today' s meeting were known at that time. The scope of the CV Link project has grown substantially and Mr. Bynder stated that City officials will approach CVAG again to try to resolve these issues; however, if no resolution is achieved, he will bring this matter back to the City Council in May to take further action.
• "Public Works Director Bruce Harry clarified that Measure A funds are used to build regional arterial systems, such as interchanges, bridges and adding lanes to arterials to move traffic. With the last election, there was an option to maintain the existing infrastructure that was built with Measure A funds since 1988; however, the public works directors in the Coachella Valley identified a list of over 3 billion dollars in unbuilt projects in this area and Measure A dollars should continue to be focused on those projects versus utilizing these dollars to fund the CV Link. Mr. Harry noted that the combination of gas tax and Measure A funds is what is used to fund the cost of building and maintaining the roads in Rancho Mirage. He expressed concern that use of Measure A funds for the CV Link would have a drastic negative impact on the City' s general fund and he is not in favor of using Measure A funds toward the CV Link.
• "Mayor Pro Tem Weill stated that on behalf of the entire City Council, they can " take the heat." He added that their sole responsibility is to protect the residents of the City of Rancho Mirage and not to burden future generations with costs that cannot be measured. He assured residents that the City Council is clear on their mandate and will follow through accordingly.
• "Councilmember Richard Kite noted that he presently serves on the CV Link Subcommittee for the City of Rancho Mirage. Based on his review of the alternatives for the CV Link alignment, he stated that he cannot support either of the two proposed route alignments. He further stated that the proposed routes destroy existing trails, remove parkways and will impact businesses on Highway 111. He suggested that these two routes be relocated to other locations that do not have an impact on residential or business districts. Councilmember Kite acknowledged that there are several cities in the Valley that may benefit from the CV Link project, however Rancho Mirage is not one of them. He stated he cannot support building the CV Link through one of Rancho Mirage' s unique areas and further consideration needs to be given to what is best for the residents of Rancho Mirage, which may be going back to the original objective of providing a bicycle, walking or equestrian trail. Councilmember Kite concluded his remarks by indicating there are two overriding concerns to consider; ( 1) protecting Rancho Mirage property values; and ( 2) protecting the privacy of the residents. He noted there may be a way to provide for the CV Link in Rancho Mirage, but not at the expense of the quality of the life enjoyed by Rancho Mirage residents. Councilmember Kite recommended the City Council reject the proposed route alignments at this time.
• "Councilmember Iris Smotrich commented that during her term as Mayor she listened to many opinions and concerns regarding the CV Link project. Further, she commented that she has attended many of the CVAG and CVWD meetings, where she has heard some very impressive presentations; however, when examined there are many reasons for concern. She noted these concerns include parking, the effect on ambient lighting for the Planetarium, traffic congestion at the corner of Country Club Drive and Highway 111, vehicle safety and monitoring, and increased crime risks. For these reasons and the enormous cost of this project, Councilmember Smotrich indicated the City Council needs to look at this project very carefully for the residents of Rancho Mirage and echoed similar comments that this may not be appropriate for the City of Rancho Mirage.
• "Councilmember Charles Townsend stated that his concerns have been covered very adequately at this meeting. He noted that the City Council and staff have gone to great lengths to assess every aspect of the CV Link project and will do what is necessary to protect the City's residents and property.
• "MOTION CARRIED 5/ 0."
  

COMMMENTARY

Mike Fontana

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
• "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.
• "Another resident who did not provide his name commented that he is vehemently opposed to the CV Link and sees no advantage for Rancho Mirage. He cited other projects similar to the CV Link that have become a magnet for crime.
• "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.
• "Mayor Pro Tem Weill commented that during the CVAG meetings he has attended, tranquil terms such as " path" and " trail" are frequently used; however, what is being proposed is not peaceful but a concrete, 30 foot wide street to accommodate electric vehicles, golf carts, runners, joggers, bikers, etc. He noted that this is secondary to how the CV Link would be paid for and pledged that the City Council cannot, and will not, obligate Rancho Mirage residents to a cost that is unknown now and into the future.
• "Councilmember Smotrich commented that far beyond the financial aspects of the CV Link are the safety issues. When motor vehicles are put together with runners, walkers and bicycles, she stated this presents a major safety hazard and is a catastrophe waiting to happen. Councilmember Smotrich will be addressing this issue at her CVAG meeting next week.
• "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

15 October 2015

The City Council met in regular session.

• "CITY COUNCIL/BOARD MEMBER COMMENTS
• "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.
• "City Attorney Quintanilla explained NEV regulations and read the ballot measures, including revisions.
• "City Manager Bynder presented the staff report.
• "Public Comment
• "Michael Fontana, Rancho Mirage, thanked Council for their efforts and acknowledged the harassment they have endured. He said that residents of the Butler Abrams Trail neighborhood expressed concerns with CV Link nearly a year ago, but were never contacted by CVAG. However, the City Council heard their concerns and began addressing the issue. He suggested that ballot measure language be revised to reflect that CV Link is a roadway, not a pathway, and to include low -speed vehicles in addition to NEVs.
• "Councilmember Kite asked if Council should consider adding Butler Abrams Trail to Advisory Measure 5.
• "Michael Fontana said that on a personal level he had no objection to adding Butler Abrams Trail to Measure 5.
• "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."
  

COMMMENTARY

Randal Bynder

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
• "City Manager Randal Bynder stated that the City of Rancho Mirage, led by Mayor Hobart and Councilmember Kite ( CV Link Subcommittee), with the support of key staff members including Finance Director Isaiah Hagerman and Public Works Director Bruce Harry, have raised significant questions regarding the operation and maintenance ( 0&M) scheme of the CV Link project. Mr. Bynder added that the 0&M issue was addressed in detail in Mayor Hobart' s memo to the CVAG Executive Committee on April 27, 2015. The questions of long- term 0&M and how it will be funded and who will pay for it are ongoing and have not been resolved as far as the City of Rancho Mirage is concerned. Mr. Bynder noted that, if not for the important objections raised by Mayor Pro Tem Ted Weill at his CVAG Transportation Subcommittee on May 4, 2015, the Master Plan and the maintenance scheme may have been approved and potentially forced upon the City. Mr. Bynder further commented that 0&M is one important issue that must be resolved as part of the CV Link; however, the other issue is the physical location of the CV Link. 
• "Mr. Bynder indicated that this item would build upon the City Council' s decision at the April 16, 2015 meeting, which prohibited the CV Link from destroying the character of the Butler -Abrams Trail and to disallow the CV Link from disrupting the Rancho Mirage Library grounds and using the City' s land in displacing the very location of the Observatory project. Mr. Bynder requested that the City Council take this matter a step further and prohibit the route of the CV Link to extend along or across any portion of Highway 111 or Bob Hope Drive within 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. 
• "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

15 October 2015

The City Council met in regular session.

• "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.
• "City Attorney Quintanilla explained NEV regulations and read the ballot measures, including revisions.
• "City Manager Bynder presented the staff report.
• "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.
• "Councilmember Kite asked if Council should consider adding Butler Abrams Trail to Advisory Measure 5.
• "Michael Fontana said that on a personal level he had no objection to adding Butler Abrams Trail to Measure 5.
• "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."
  

COMMMENTARY

Richard W. Kite

Council Statements Regarding CV Link

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

4 December 2013

The Trails Commission meeting minutes on 4 December 2013 reports further discussion of CV Link. Significantly, the first real opposition seems to come from the chairman, Jeffrey Morgan—though he may be only reporting what he understands from residents he knows.

• "Mr. [Greg] Trousdell [staff member] distributed a Desert Sun article regarding the CV link path and asked Mayor Kite if he had an update for the Commission.
  
  
• "Mayor [Richard W.] Kite stated that as of now they are just taking input. During the December 5, 2013 City Council study session, Mr. Tom Kirk with CVAG/CV Link would be discussing how CV Link would impact Rancho Mirage and where they believe CV Link would transition through or around the country clubs.
  
  
• "Mayor Kite stated it appeared at this time, much of the link would transition from the Whitewater Channel to city streets.
  
  
• "Chairman [Jeffrey] Morgan stated he felt there would be opposition to the CV Link if it does transition from the wash to street level.
  
  
• "Mayor Kite commented that the anticipated construction was to start in 2015." 

5 December 2013

The City Council met the day following the Trails Commission.

• "Mayor [Richard W.] Kite commented on the Study Session held earlier that dayregarding [sic] the CV Link Project being proposed by Coachella Valley Association of Governments ( CVAG). He stated the Study Session was primarily to talk about the Link and its impact on Rancho Mirage residents and what the City Council's concerns are with the route CV Link will take. He assured residents that the Council will provide updates on exactly what the CV Link is all about and how it will impact Rancho Mirage. He urged anyone with questions or comments to contact Council members or City staff."
  

Kite's comments indicate that opposition has been developing about the CV Link route and concern in Rancho Mirage that the city streets may be affected. His comments also indicate that CVAG planners are aware of the concerns.

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
• "City Manager Randal Bynder stated that the City of Rancho Mirage, led by Mayor Hobart and Councilmember Kite ( CV Link Subcommittee), with the support of key staff members including Finance Director Isaiah Hagerman and Public Works Director Bruce Harry, have raised significant questions regarding the operation and maintenance ( 0&M) scheme of the CV Link project. Mr. Bynder added that the 0&M issue was addressed in detail in Mayor Hobart' s memo to the CVAG Executive Committee on April 27, 2015. The questions of long- term 0&M and how it will be funded and who will pay for it are ongoing and have not been resolved as far as the City of Rancho Mirage is concerned. Mr. Bynder noted that, if not for the important objections raised by Mayor Pro Tem Ted Weill at his CVAG Transportation Subcommittee on May 4, 2015, the Master Plan and the maintenance scheme may have been approved and potentially forced upon the City. Mr. Bynder further commented that 0&M is one important issue that must be resolved as part of the CV Link; however, the other issue is the physical location of the CV Link. 
• "Mr. Bynder indicated that this item would build upon the City Council' s decision at the April 16, 2015 meeting, which prohibited the CV Link from destroying the character of the Butler -Abrams Trail and to disallow the CV Link from disrupting the Rancho Mirage Library grounds and using the City' s land in displacing the very location of the Observatory project. Mr. Bynder requested that the City Council take this matter a step further and prohibit the route of the CV Link to extend along or across any portion of Highway 111 or Bob Hope Drive within 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.
• "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.
• "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

4 June 2015

The City Council met in regular session.

• "Councilmember Kite noted that there was standing room only at the CVAG meeting and that the entire Rancho Mirage City Council was present to show its strong support for the Rancho Mirage position on this issue."

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.
• "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."
  

COMMMENTARY

3 September 2015

The City Council met in regular session.

• "8. CV Link Update.
• "Councilmember Kite said he received calls from a number of residents regarding a recent news article indicating that Cathedral City was attempting to move forward with their portion of the CV Link.
• "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. 

COMMMENTARY

17 September 2015

The City Council met in regular session.

• "9. CV Link Update.
• "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' 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

15 October 2015

The City Council met in regular session.

• "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.
• "City Attorney Quintanilla explained NEV regulations and read the ballot measures, including revisions.
• "City Manager Bynder presented the staff report.
• "City Attorney Quintanilla clarified that NEVs and LSEVs are identically defined in all applicable codes. Golf carts are defined differently and will not be allowed on CV Link. He said that an NEV Transportation Plan cannot be permitted in any City unless approved by the City Council of the jurisdiction. In addition, the California Vehicle Code allows City's to adopt an ordinance or resolution prohibiting the use of NEVs on any street or area in the City. He stated that, per the CA Elections Code, those allowed to submit arguments include City Council or any member of the City Council authorized by the City Council, individual voters who are eligible to vote on the measures, any bonafide association of citizens, or any combination of voters or associations. The Council may submit an argument either in favor or against a measure. However, they may not submit both an argument in favor and against a specific measure.
• "Councilmember Kite asked if Council should consider adding Butler Abrams Trail to Advisory Measure 5.
• "Michael Fontana said that on a personal level he had no objection to adding Butler Abrams Trail to Measure 5.
• "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."
  

COMMMENTARY

Denise Roberge

Ms Roberge (or Robergé) was one of several Thunderbird residents who voiced strong opposition to CV Link at a 16 April 2015 council meeting at Rancho Mirage.

Council Statements Regarding CV Link

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

The council minutes provide a summary of her statement, "13 years ago she built a home in Rancho Mirage on the Butler-Abrams Trail [at 70380 Desert Cove Avenue]. Ms. Roberge displayed an aerial photograph of her home showing that the proposed CV Link roadway would go directly in front of her home and be 10 feet from her kitchen and bedroom windows, in addition to a proposed access road adjacent to the side of her home. Ms. Roberge feels this would make her home unlivable and unsellable as well as affecting other properties for sale around it. She appealed to the City Council to fight this project."

Information Available Online

The Desert Sun reported on 10 May 2014 that she was one of the "gold sponsors" of the seventh annual benefit produced by Michael Childers for Jewish Family Services.

Whitepages.com provides her address as 70380 Desert Cove Avenue, age "65+." The same source cites three other residents at the same address, including Alejandro Gama (age 73), Obeth Gama, and Gomez. They share the phone number, (760) 770-2938.

In addition, Zata reports a phone number of (760) 770-9373 and check-caller reports (760) 321-7385.

Google Maps shows the home location adjacent to the Whitewater River, near the south bank and Butler-Abrams Trail. According to homemetry.com, the two-story, 7,940 sqft home has 5 beds and 6 baths on a 1.47 acre lot. With a pool and attached garage, the home sold for $375,000 in 2000 and was assessed at $2,334,534 in 2014, for property taxes of $29,157.

Ms Roberge retired in 2016 from the proprietorship of Denise Robergé Art Gallery at 73995 El Paseo in Palm Desert, phone number is (760) 340-5045. She has been noted as an honoree, sponsor, and guest at several benefit events, including the Blixseth Bash. She was also owner of the restaurant Augusta.

Bruce Harry

Official Biography

Bruce Harry retired in July 2015 from his post as Director of Public Works for the City of Rancho Mirage. Any previously posted biographical material is no longer available on the Rancho Mirage website.

Council Statements Regarding CV Link

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

18 June 2015

The City Council met in regular session, and Bruce Harry's report was included. [Others' comment is not included, and no ellipses are provided.]

• "12. Oppose the alternative CV Link route alignment along Gerald Ford Drive within the City of Rancho Mirage.
• "Public Works Director Bruce Harry presented the staff report. On June 1st, the Coachella Valley Association of Governments ( CVAG) Executive Committee reviewed three alternate CV Link alignments, which were suggested by CVAG staff and intended to address elimination of the use of Highway 111 and Bob Hope Drive in Rancho Mirage. The approved alternate alignments will be made part of the environmental review, along with the alignments proposed in the March 2015 CV Link Master Plan. Option No. 1 is to not have CV Link go through the City of Rancho Mirage, which was approved by the Executive Committee. Option No. 2, which was also approved, is an on -street alignment on Date Palm Drive, Gerald Ford Drive, and Monterey Avenue. Option No. 3, which was not approved, was to prohibit electric vehicles from the Butler - Abrams Trail segment of the CV Link.
• "Mr. Harry reported that staff reviewed all three alternatives and found Option No. 2 to be problematic. The area is mostly developed with adjacent residential communities, lush and efficient landscaping, and a behind -curb meandering bicycle path. Gerald Ford Drive is built to ultimate General Plan standards, with four travel lanes, raised landscape median islands, and a bicycle lane. There are only two different ways to install Option No. 2. One option is to locate the route behind the curb and gutter within the approved landscape parkways of numerous residential developments. This would require the removal of virtually all existing parkway landscaping improvements and would negatively impact vehicle ingress and egress out of residential communities and commercial driveways. The second option is to locate the route in the roadway, thereby eliminating two of four existing vehicle travel lanes, in direct conflict with the City' s General Plan, and impacting the current and future level of service of the roadway. Staff recommends that Council oppose Option No. 2 to align the CV Link along Gerald Ford Drive.

Public Information Online

Palm Springs address

Retirement July 2, 2015

Total pay & benefits in 2013

email bruceh@ci.rancho-mirage.ca.us (Bruce Harry's e-mail)

Contact Information, Total pay and base pay in 2011

Refuses sidewalk to wheelchairs

Recommends location for dog park

Contact info as director of public works

Rejects CV Link on Gerald Ford

Describes Community Park Expansion

Palm Springs contact info

Thinks accidents happen from inattention

• Rancho Mirage traffic officials ranked the city’s intersections with the most crashes and collisions since December 2010.
• 1: Bob Hope and Frank Sinatra drives: 18
• 2: Bob Hope and Dinah Shore drives: 16
• 3: Bob Hope and Country Club drives: 11
• 4: Highway 111 and Frank Sinatra Drive: 10
• 5: Highway 111 and Indian Trail Road: 9
• 6: Dinah Shore Drive and Monterey Avenue: 8
• 7: Frank Sinatra Drive and Monterey Avenue: 8
• 8: Gerald Ford Drive and Monterey Avenue: 8
• 9: Highway 111 and Magnesia Falls Drive: 8
• 10: Country Club Drive and Vista Dunes Road: 7
• 11: Highway 111 and Bob Hope Drive: 7
• 12: Monterey Avenue and Marketplace Way: 7

Large homes have higher electric bills
 
Rancho Mirage City Council adopts budgets, votes down CV Link path recommended by CVAG

Expansion of Whitewater Park at $4.3 million, Ritz-Carlton update on incentive loan up to $20 million 

Dog park as designed would cost about $647,000 to build and $30,000 a year to maintain 

Comment

As a representative of "staff" of the City of Rancho Mirage, Bruce Harry is the point man who effectively advised against all three proposed routings of CV Link through Rancho Mirage.

• Option No. 1 is to not have CV Link go through the City of Rancho Mirage, which was approved by the Executive Committee (a committee of city staff). 
•  Option No. 2 is an on -street alignment on Date Palm Drive, Gerald Ford Drive, and Monterey Avenue, which was also approved by the Executive Committee but recommended to be opposed by the city council.
•  Option No. 3 is to prohibit electric vehicles from the Butler-Abrams Trail segment of the CV Link, which was not approved by the Executive Committee.

The city council took staff advice—as if it were needed—and voted unanimously against Option No. 2. The staff advice became one of the primary reasons for prohibiting CV Link through the city.

Likely Harry's ex-parte advice contributed to the decision to prohibit NEV operation on major streets and arterials in the city.

Iris Smotrich

Official Council Biography

The Rancho Mirage council member, Iris Smotrich, has served since her appointment in 2011. In 2012, she ran unopposed to serve a two-year term, and she won a 2014 term as well. The city website provides a full statement of her interests and background. Smotrich serves on the Council’s sub-committees on Marketing, Special Events, and Tourism and Public Safety. During her tenure as Mayor (2014-2015), she served as an Executive Committee member of the Coachella Valley Association of Governments (CVAG) and the Rancho Mirage Public Library Foundation. Smotrich also serves on the Chamber of Commerce Sub-Committee, the Agua Caliente Indian Tribe Sub-Committee, Special Assistance Fund Sub-Committee and Section 31 Land Parcel Sub-Committee.

Ms Smotrich was born in Chicago IL and moved to Los Angeles at the age of three. She and her husband, Thom, have lived in Rancho Mirage since 2001. They have one daughter and two grandchildren. She and her husband have been active in many charitable organizations, for which they serve on boards and host charity events at their home. She was trained in interior and exterior commercial property design, and she managed commercial real estate in Los Angeles and elsewhere.

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
• "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 Smotrich commented that far beyond the financial aspects of the CV Link are the safety issues. When motor vehicles are put together with runners, walkers and bicycles, she stated this presents a major safety hazard and is a catastrophe waiting to happen. Councilmember Smotrich will be addressing this issue at her CVAG meeting next week.
• "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."
  

4 June 2015

The City Council met in regular session.

• "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 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.
• "Councilmember Smotrich reminded the Council that a few years ago there was an agreement by all Valley cities to fund a homeless shelter and each city pledged $ 103, 000. 00 to the project. As of last year, only three cities, including Rancho Mirage, have fulfilled their pledge and the project will likely not come to fruition. Councilmember Smotrich cited this as an example that just because CVAG agrees to something doesn' t necessarily mean it will actually happen. She stated she fears that if Measure A funds are used for the CV Link, it will likely receive priority over the other projects.

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.
• "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 jurisdiction 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:
3. "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;
4. "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
5. "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.

• "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."
  

Other Public Information

Rancho Mirage mayor touts city's economic growth, Desert Sun April 9, 2015

Iris Smotrich, age 73; phones (818) 996-9333, (760) 779-1836; previous locations Van Nuys CA, Tarzana CA; residence 57 Calle De Oro Rancho Mirage CA 92270-5615; Whitepages.com

Iris Smotrich total pay and benefits $18,579.00 (2011), $43,416.00 (2012), $43,800.00 (2013), $55,441.00 (2015); transparentcalifornia.com

Iris Smotrich ballot statement, 2014; voteinfo.net

Smotrich suspected of complicity in gay slur against opponent; californiacitynews.org and detail. denial.

Smotrich economic interests statement; fppc.ca.gov

Smotrich search on Twitter; twitter.com

Smotrich wants to get residents involved in community activities; valleywoman.net

Smotrich said she is confident Ritz-Carlton will create breath-taking memories of a special paradise for residents and the valley’s guests. pe.com

Smotrich supports neoconservative Jeff Stone for 2016 36^th U.S. Congressional District; votejeffstone.com

Smotrich supports neoconservative Jeff Stone for 2018 28th California Senate District ; jeffstone2018.com

Smotrich , age 72, resides at 72789 Cats Paw Ct, Rancho Mirage, phone (760) 779-1836; http://radaris.com/p/Iris/Smotrich/

Smotrich supports Gateway project for Section 19 (planned in 2014, a development of more than 3 million sq ft of commercial, retail, office, and restaurant space, wilh close to 2000 residential units 580 hotel rooms); http://junecorrigan.com/image/ranchomirage.pdf

Smotrich supports Benoit for 2013 Riverside Supervisor; http://www.johnbenoit.com/Endorsements

Smotrich contributes under $5000 to 2015 Jewish Federation of the Desert; http://www.jfedps.com/assets/2015-december-jcn.pdf (p 17)

Smotrich supports banning drones in Rancho Mirage; http://www.usatoday.com/story/news/nation/2013/04/04/rancho-mirage-hobby-drones-ban/2052193/

Desert Sun endorses "Hobart, Smotrich and Hines for the four-year seats" in 2014.

Comment

It appears that Ms Smotrich was undecided about CV Link in May 2015, not having previously voiced an opinion about the CV Link routing, nor about the funding mechanisms for construction and maintenance. It was clear, though, at the 7 May council meeting that she had no understanding the route was a Class I bike path, and by extension a similar path for pedestrians and NEVs. The summary of her comment, "that far beyond the financial aspects of the CV Link are the safety issues. When motor vehicles are put together with runners, walkers and bicycles, she stated this presents a major safety hazard and is a catastrophe waiting to happen." Certainly her understanding might have been clarified at the next CVAG meeting, where she planned to address this issue.

One of her frames of reference must be the equal spread of paying for Valley amenities. When discussing the use of Measure A funds on 4 June 2015,  she warned it seemed likely that Rancho Mirage and only one or two other cities might fork up the funds: "[She] reminded the Council that a few years ago there was an agreement by all Valley cities to fund a homeless shelter and each city pledged $ 103, 000. 00 to the project. As of last year, only three cities, including Rancho Mirage, have fulfilled their pledge and the project will likely not come to fruition. ... Councilmember Smotrich cited this as an example that just because CVAG agrees to something doesn' t necessarily mean it will actually happen. She stated she fears that if Measure A funds are used for the CV Link, it will likely receive priority over the other projects."

When, by 15 October 2015, the Rancho Mirage objections had become fodder for many comments, Ms Smotrich revealed a new side, one similar to a protective parent: "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." Her next remark indicated that she had begun to internalize the false assertions from Mayor Hobart: "She added that taking $ 1 million from Measure A funds to annually finance CV Link is contrary to its intended use."

By that date, too, Hobart had assured that the council was of one voice in rejecting CV Link on several aspects. Smotrich seconded the motion to hold an "advisory election" regarding CV Link and to specify that the Butler-Abrams Trail would be withheld as a potential route. (RESOLUTION NO. 2015- 108)

Smotrich also seconded the motion to allow Hobart control of the wording of the arguments for the measure results that the council preferred.


If ever Rancho Mirage is to connect CV Link from Cathedral City to Palm Desert, Iris Smotrich will need to be off the Rancho Mirage city council.