A fresh take on the Rancho Mirage referenda of April 2016

I recently posted a notice about the Whitewater Bike Trail on the Rancho Mirage News page, and I received a comment from the moderator there, Charlie Barrett. I've known Charlie through his online posts for a while, and I don't expect him to take any progressive opinions in the near future.

His comment read, "Rancho Mirage voters have turned down [Coachella Valley Association of Government] CVAG's plans to bring the CV Link through Rancho Mirage. City Council was considering even rescinding the offer the city made to CVAG whereby the CV Link would come through Rancho Mirage via Ramon Road, which CVAG flatly rejected months ago. So ..it clearly appears that CVAG is not willing to even discuss anything else but what it dictates and wants, while RM city officials offered to discuss the Ramon Road proposal."

I recognized his comment distills the exchanges between Rancho Mirage and the CVAG executive committee, likely in the interest of writing a cogent but short reply. The distillation only slightly misrepresents how the 18-month-long back-and-forth went in finding any route that could be agreeable to the City Council, CVAG, and the ultimate users of CV Link.

With Charlie's comment in mind, I went back to the referenda that the City Council had brought to the citizens in April 2016. Four issues were on the ballot:

• Measure 1, binding: Shall the City of Rancho Mirage require that any future amendment or repeal of Ordinance No. 1099, which currently prohibits Neighborhood Electric Vehicles (not including golf carts) on or adjacent to certain designated streets including Highway 111, Bob Hope Drive; Country Club Drive; Da Vall Drive; Dinah Shore Drive; Frank Sinatra Drive; Gerald Ford Drive; Magnesia Falls Drive; Monterey Avenue; Plumley Road, and others, be subject to prior voter approval?
• Measure 2, advisory: Do you approve of the Coachella Valley Association of Governments (CVAG) spending One Hundred Million Dollars ($100,000,000) or more to construct the CV Link, plus, according to the March 2015 Master Plan, an additional $1.6 million annually to operate and maintain the CV Link pathway, which CVAG proposes to extend through Rancho Mirage business and residential districts?
• Measure 3, advisory: If CV Link were to be constructed, would you approve the City Council committing Rancho Mirage to pay for CV Link's annual operations and maintenance expenses, which on April 6, 2015, CVAG projected Rancho Mirage's share to be between $110,300 and $251,800 per annum as of the 9th year of operations, and continuing to increase annually at the rate of inflation? 
• Measure 4, advisory: Because in 2002 County voters approved Measure A, which is a ½ cent increase in our sales tax to be used to repair dilapidated and crumbling roads and highways in the Coachella Valley, should CVAG be allowed to divert up to $20 million dollars ($20,000,000) from this Measure A fund, to pay for the construction of the Neighborhood Electric Vehicles portion of the CV Link?

In actions separate from the referenda, Rancho Mirage city council did in fact rescind all routes offered through the city. The council specifically stated that Highway 111, Gerald Ford, Bob Hope, Frank Sinatra, Butler-Abrams Trail, and—later, as a punitive step against CVAG—Ramon Road could not be used for CV Link routing. —Strangely, the city commission never excepted a CV Link route along Dinah Shore Drive!— Some day the residents may get fed up with the walkers, runners, cyclists, and electric vehicles using their existing streets instead of a dedicated corridor through the town.

However and contrary to popular opinion, the Rancho Mirage ballot measures were poorly written, and they could be interpreted to encourage building CV Link, albeit with confusing restrictions. (Blame then-mayor Dana Hobart and city attorney Steve Quintanilla for this.) As the April ballot issues were written, the city had the following restrictions on CV Link:

• Measure 1 (approved by 75%): No electric vehicles are allowed on Ramon, Dinah Shore, Gerald Ford, Frank Sinatra, Country Club, Highway 111, Plumley, Da Vall, Bob Hope, Magnesia Falls, or Monterey. However, electric vehicles are allowed on any other streets—and on any other routing of CV Link through the city.
  Further, any changes to this list must be agreed to in a city election.
• Measure 2 (79% of the vote): This "advisory referendum" likely has no force on actions by the Coachella Valley Association of  Governments, in which Rancho Mirage has one voting member of 11. However, by this advisory, CVAG is allowed to spend less than $100 million for construction of CV Link and less than $1.6 million annually for maintenance.
  As CV Link is to be built as a joint effort of Riverside County and the ten cities of CVAG, interpretation of this advisory Measure 2 is, indeed, cloudy. Perhaps the closest approximation would be that construction and maintenance in Rancho Mirage would be limited to $10 million ($100/10 million) and $160 thousand ($1.6/10 million), respectively.
• Measure 3 (78% of the vote): This "advisory referendum" likely has no force, although it may guide the city council in enacting local ordinances. However, this advisory allows Rancho Mirage to maintain CV Link with annual amount either less than $110,300 or more than $251,800 each year. Combined with Measure 2, the maintenance funds apparently would be limited to less than $110K.
• Measure 4 (81% of the vote): This "advisory referendum" prohibits using $20 million from Measure A funds for building the part of CV Link that serves NEVs (electric vehicles). Because of the restrictive language, it appears that other funding sources would be allowed, and apparently using Measure A funds for the non-NEV routing would also be allowed.

So much for the legal acumen of the former mayor, the city attorney, and the current city council.

Mary Jane Felice

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
• "Mary Jane Filice, a resident in Thunderbird Cover, requested that the City Council does not allow the CV Link in the City of Rancho Mirage. She commented that good planning does not
  mix high speed, high volume traffic with pedestrian traffic. Ms. Filice encouraged the City Council to not let the pressure of their sister cities impact their decision on this issue.
• "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

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.