Rancho Mirage City Council Meeting, Oct 03, 2018


GOOD AFTERNOON? , EVERYONE AND WELCOME TO THE CITY OF RANCHO MIRAGE CITY COUNCIL MEETING, LIBRARY AND OBSERVATORY BOARD, HOUSING AUTHORITY AND THE CITY COUNCIL REPRESENTING THE REDEVELOPMENT SUCCESSOR AGENCY. THIS IS THE REGULAR MEETING, THURSDAY OCTOBER 3rd, 2019 AND IT IS NOW 1:00. AND WE WILL START WITH THE FLAG SALUTE AND CHARLIE WOULD YOU LEAD US IN THAT?>>Councilmember Townsend: THANK YOU. RAISE YOUR HAND OVER YOUR HEART, PLEASE BEGIN. [ PLEDGE OF ALLEGIANCE ]>>Mayor Smotrich: THANK YOU CHARLIE. AND NOW, KRISTIE, WOULD YOU PLEASE CALL ROLL.>>The Clerk: CERTAINLY. COUNCILMEMBER KITE, HERE. COUNCILMEMBER TOWNSEND, HERE. COUNCILMEMBER WEILL, HERE. MAYOR PRO TEM HOBART, HERE. AND MAYOR SMOTRICH.>>Mayor Smotrich: HERE. OKAY SO THOUSAND WE’LL START OFF WITH A PRESENTATION, AND THIS IS GOING TO BE HARMED BY THE BOARD PRESIDENT OF ALLEN MONROE AND THE DIRECTOR OF DEVELOPMENT, JAN HAWKINS. AND WE’RE GOING TO BE GETTING AN YUCHUPDATE ON THE LIVING DESERTO AND GARDENS. COME ON UP. WELCOME.>>THANK YOU VERY MUCH, MAYOR AND CITY COUNCIL MEMBERS AND THANK YOU FOR THE OPPORTUNITY TO COME HERE TODAY AND GIVE YOU AN UPDATE OF WHAT I THINK IS WP OF THE CULTURAL GEMS OF THE COACHELLA VALLEY AND SOMETHING EVERYBODY CAN SUPPORT. THE LIVING DESERT IS CELEBRATING ITS 50th ANNIVERSARY THIS COMING YEAR. AND THIS IS OUR MISSION, TO CONNECT PEOPLE WITH NATURE, ABOUT THE WONDERFUL PLANTS AND ANIMALS THAT CALL THE DESERT HOME, BOTH THE DESERTS IN THE COACHELLA VALLEY AS WELL AS THE DESERTS OF AFRICA AND SOON TO BE DESERTS OF AUSTRALIA. IN 1970 THE WORLD WAS STILL BLACK AND WHITE. THIS IS AN AERIAL PHOTOGRAPH OF OUR SITE AND YOU CAN SEE HOW MUCH HAS CHANGED IN THE INTERSWINTERVENING 50 YEARS. THE TOURISM ECONOMY SO IN 1970 WE HAD A FEW THOUSAND GUESTS. THIS YEAR WE HAD MORE THAN 500,000 AND NEXT FIVE YEARS WE EXPECT THAT TREND OCONTINUE UP CLOSE TO 900,000 GUESTS COMING TO OUR VALLEY TO SEE THE AMAZING ANIMALS THAT CALL THE DESERT HOME. WHAT IS SURPRISING IS THE AMOUNT OF SUPPORTERS WE HAVE IN THE LIVING DESERT. MORE THAN 100,000 SCHOOL AGE CHILDREN COME TO SEE US EACH YEAR, THEIR OFTEN SOMETIMES FIRST CONNECTION WITH NATURE. MANY OF THEM ARE RANCHO MIRAGE RESIDENTS. WE GET ABOUT $50 MILLION A YEAR IN NEGLECT IMPACT IN THE COACHELLA VALLEY SO WE’RE PART OF THE LOWELL BUSINESS COMMUNITY. OF THE LOCAL BUSINESS COMMUNITY. AND OUR GUESTS LOVE US. WE WERE ONCE NAMED THE NUMBER ONE ZOO IN NORTH AMERICA. WE RECENTLY BEAT OUT THE SAN DIEGO ZOO AND THE LOS ANGELES ZOO. GREAT CONNECTIONS WITH NATURE, WE WANT OUR GUESTS TO BE ABLE TO UNDERSTAND THIS IS NOT REALITY, THIS IS. THERE’S TWO THINGS WE’RE MOST PASSIONATE ABOUT THE LIVING DESERT, EDUCATION. WE LOVE IT WHEN WE SEE THE LONG LINES OF BUSES OUTSIDE. CONNECTING WITH NATURE, LEARNING ABOUT THE PLANTS AND ANIMALS AND IT MIGHT SURPRISE YOU TO LEARN HOW WIDE OUR EDUCATIONAL IMPACT IS. THIS IS A HEAT MAP OF FACILITIES THAT HAVE COME TO OUR LOCATION. OUR TEACHERS WHO RECOGNIZE THAT THE EDUCATIONAL RESOURCES WE HAVE ARE OF VALUE TO THEIR STUDENTS SO THEY PUT THEM IN A BUS AND THEY DRIVE THEM FOR TWO OR THREE HOURS, TO COME TO THE COACHELLA VALLEY, THE LIVING DESERT AND HAVE THOSE EDUCATIONAL OPPORTUNITIES. THE SAME THING WE’RE REALLY PASSIONATE ABOUT IS THE CONSERVATION OF ENDANGERED SPECIOUS. WE LEAD, COLLABORATE AND FUND PROJECTS ALL AROUND THE WORLD, USING SOME OF OUR PARTNER AGENCIES, STATE AND FEDERAL ORGANIZATIONS, WITH THE LIVING DESERT AS AN IMPORTANT ROLE IN THE PROTECTION OF THESE ECOSYSTEMS. WE ARE OPENING UP THIS COMING SPRING A NEW HABITAT CALLED AUSTRALIAN ADVENTURES. THIS WILL BE A BRANT NEW DESERT BIOME FOR US. THINGS LIKE KUKABURRAS, AKIDNAS, WALABIES, UP CLOSE AND PERSONAL WITH THESE AMAZING ANIMALS LEARN ABOUT THE STORIES THEY HAVE TO TELL. WE’RE ALL INVOLVED IN A LONG RANGE PLAN A CAPITAL CAMPAIGN CALLED THE PRIDE OF THE DESERT. AND THIS IS GOING TO TRY TO TAKE ADVANTAGE OF THREE THINGS. ONE IS THE COACHELLA VALLEY GROWTH, BOTH THE INCREASE IN RESIDENTS THAT LIP LIVE HERE LIR ROUND AND THE TOURISTS. THE IMPACT THE WORLD IS HAVING FROM CLIMATE CHANGE, ACCELERATE OUR EDUCATIONAL IMPACT. AS YOU KNOW, THE NEXT GENERATION IS ASKING FOR CHANGE. WE GOT TO DO SOMETHING SOON BECAUSE RIGHT NOW THE CURRENT EXTINCTION RATE FOR ANIMALS IS ABOUT ONE EVERY 20 MINUTES. THAT’S ON PAR WITH THE ASTEROID THAT CRASHED INTO THE EARTH 20 MILLION YEARS AGO. WE WANT TO EXPAND THE CAPACITY OF THE PARK, EXPAND THE WAY WE ENGAGE PEOPLE SO IT’S A FUN AND DYNAMIC PRESENTATION AND EXPAND OUR CONSERVATION EFFORTS. CROSSROADS WAS A NEW ENTRY PROJECT, A $10 MILLION PROJECT THAT WE FUNDED OURSELVES, OPENED UP ON TIME AND UNDERBUDGET, WE ARE WORKING ON PHASE 2 AND PHASE 3 ACKNOWLEDGE ADDITIONAL HABITATS THAT WILL ADD A SUBSTANTIAL IMPACT TO OUR ABILITY TO ATTRACT VISITORS TO THE COACHELLA VALLEY AND HEM US TELL THE CONSERVATION STORIES OF THE AMAZING ANIMALS, INCLUDING THE BLACK RHINOCEROS, AND RHINOS WILL BE AS FAR AWAY AS YOU AND I ARE, AND WE WANT A BREEDING POPULATION OF RHINOS, THERE ARE ONLY ABOUT 5,000 BLACK RHINOS IN THE WORLD. WE WANT TO BE PART OF THE TEAM THAT MAKE SURE THEY DON’T GO EXTINCT IN OUR LIFE. NOTHING LIKE A BABY RHINO, THAT IS OUR GOAL. THE SECOND IS THE LIONS. ONLY ABOUT 20,000 LIONS LEFT IN THE WORLD AND IF WE DON’T DO SOMETHING SOON OUR KIDS, CERTAINLY OUR GRAND KIDS WON’T HAVE THE OPPORTUNITY TO SEE LIONS IN AFRICA NYMPH. PHASE 3 OF THIS INCLUDES A SPECIAL EVENTS CENTER. WE RECOGNIZE THAT WE NEED THE ABILITY TO ATTRACT MORE TRADE SHOWS, MORE CONFERENCES, MORE OFFSITE VISITS FROM THE HOTELS. AND WE THINK WE WILL HAVE A VENUE THAT WILL MATCH ANY OTHER HERE IN THE VALLEY INCLUDING A 270° PANORAMA VIEW OUT IN THE HABITAT. IMAGINE HAVING YOUR SALES MEETING AND PULL BACK THE CURTAINS AND HAVE THE LIONS AS PART OF YOUR SALES TEAM. THIS ALSO INCLUDES A ROOFTOP DECK OVERLOOKING THE PARK. AND WE GOT A VIDEO. ♪ ♪ ♪ THIS IS GOING THROUGH THE CURRENT ENTRANCE OF THE PARK AND THEN A HORSESHOE SHAPE NEW ANIMAL HABITATS WILL SURROUND THE — ♪ ♪ ♪ ♪ ♪ ♪ ♪ NOT>>SO I WANT TO THANK THE CITY OF RANCHO MIRAGE FOR THEIR PAST SUPPORT OF THE LIVING DESERT. I LOOK FORWARD TO HAVING CONTINUED CONVERSATION HE IF THE FUTURE HOW WE CAN WORK TOGETHER TO CONTINUE THE EDUCATIONAL CONSERVATION AND CULTURAL RESOURCES WE HAVE AS PART OF THE LIVING DESERT IN THE COACHELLA VALLEY COMMUNITY. THANK YOU.>>Mayor Smotrich: THANK YOU. [APPLAUSE]>>Mayor Smotrich: WAIT JUST A MINUTE. I THINK WE HAVE A COUPLE OF QUESTIONS.>>Councilmember Hobart: COULD YOU TELL US, DOES THE LIVING DESERT HAVE A COMMITTEE OR GROUP OR ORGANIZATION, THAT IS SPECIFICALLY DEDICATED TO PRESERVATION OF SPECIES AROUND THE WORLD?>>WE DO. THAT IS PART OF OUR MAIN CONSERVATION DEPARTMENT.>>Councilmember Hobart: TO WHO WOULD YOU MAKE THE CHECK OUT?>>LIVING DESERT ZOO AND GARDENS. WE ARE INVOLVED WITH WORKING WITH ALL THE OTHER ZOOS IN NORTH AMERICA ON A COMMON GOAL OF PROTECTING THESE LIVING SPECIES. WE ARE LEAD AGENCY ON BIG HORN SHEEP, WOLF, THAT WE ARE LEADING THE FIGHT AGAINST EXTINCTION.>>Councilmember Hobart: THANK YOU.>>THANK YOU FOR THE QUESTION.>>Councilmember Weill: ALLEN BEFORE YOU ESCAPE, HAPPY BIRTHDAY.>>THANK YOU VERY MUCH.>>Councilmember Weill: WELCOME BACK FROM THE TRIP TO IRELAND.>>THANK YOU TED.>>Mayor Smotrich: PLEASE SAY HELLO TO YOUR LOVELY DEVELOPMENT DIRECTOR. SHE’S HERE! HELLO. IT’S GOOD SEEING YOU. YOU KNOW, I NEVER THOUGHT THAT THE ZOO COULD GET ANY BETTER. BUT THIS HAS SHOWN US A WHOLE NEW DIMENSION. AND WE’RE SO THRILLED. AND YOU SO NOW YOU KNOW WHERE ALL YOUR MONEY GOES AND CONSERVATION IS A BIG PART OF IT. THANK YOU FOR ALL YOU’RE DOING AND BEING A PART OF OUR DESERT. OKAY. [APPLAUSE]>>Mayor Smotrich: SO IF THERE ARE NO OBJECTIONS, I’M GOING TO MOVE THE NONAGENDA PUBLIC COMMENTS, THE CITY COUNCIL BOARD MEMBER COMMENTS AND REPORTS, AND THE CITY MANAGER COMMENT SECTIONS TO THE END OF THE AGENDA, FOLLOWING THE ACTION CALENDAR. IS EVERYONE OKAY WITH THAT?>>Councilmember Townsend: WE’RE GOOD.>>Mayor Smotrich: OKAY, SINCE THERE ARE NO OBJECTION HE THESE THREE SECTIONS WILL BE HEARD FOLLOWING THE ACTION CALENDAR. AND NOW WE SHALL MOVE ON TO THE MINUTES. OKAY, WOULD SOMEONE LIKE TO MAKE A MOTION?>>Councilmember Weill: MAKE A MOTION TO APPROVE.>>Councilmember Kite: I’LL SECOND.>>Mayor Smotrich: PLEASE VOTE.>>The Clerk: MAYOR PRO TEM HOBART WE’RE JUST WAITING FOR YOUR VOTE. THANK YOU. AND MOTION CARRIES, 5-0.>>Mayor Smotrich: THANK YOU SO MUCH. AND NOW WE’LL MOVE ON TO THE CONSENT CALENDAR AND THAT’S GOING TO BE HANDLED BY OUR CITY MANAGER ISAIAH HAGERMAN.>>THANK YOU, MADAM MAYOR, MEMBERS OF THE CITY COUNCIL. YOU HAVE FOUR ITEMS ON YOUR CONSENT CALENDAR FOR THE CONSIDERATION. ITEM 1 TO WAIVE THE FULL READING OF THE ITEMS INTRODUCED OR ADOPTED PURSUANT TO THIS AGENDA. ITEM NUMBER 2 IS TO ADOPT ORDINANCE 1156, ADDING ORDINANCE 5563 CAMPING REGULATION HE TO TITLE 8 HEALTH AND SAVINGS, AMENDING SECTION 8.26.020, USE RESTRICTIONS, OF CHAPTER 8.26, CITY PARK AND RECREATIONAL FACILITY REGULATIONS, AND AMENDING SECTION 9.30.200, CAMPING OF CHAPTER 9.30, USE OF LIBRARY AND OBSERVATORY OF THE RANCHO MIRAGE MUNICIPAL CODE, ITEM NUMBER 3 ARE CONTRACTS AND ITEM NUMBER 4 ARE DEMANDS. AND STAFF IS HERE TO ANSWER ANY QUESTIONS.>>Mayor Smotrich: THANK YOU SO MUCH. ANY QUESTIONS FROM THE COUNCIL? MAY I HAVE A MOTION?>>Councilmember Kite: MOVE CONSENT CALENDAR, PLEASE.>>Councilmember Weill: SECOND.>>Mayor Smotrich: OKAY WE HAVE A MOTION AND SECOND. PLEASE VOTE.>>The Clerk: AND MOTION CARRIES, 5-0.>>Mayor Smotrich: OKAY. SO NOW WE WILL MOVE ON TO ITEM NUMBER 5. AND THIS IS THE PUBLIC HEARING FOR THE IN N OUT BURGERS. AND I WOULD LIKE TO WELCOME EVERYONE. I KNOW THERE’S GOING TO BE A LOT OF OPINIONS HERE TODAY. AND WE WANT TO HEAR ALL OF THEM. BUT BEFORE WE BEGIN, I’D LIKE TO TAKE A MOMENT TO REMIND EVERYONE THAT RANCHO MIRAGE IS A DIVERSE COMMUNITY. AND WE HAVE VARYING OPINIONS. AND THEY MAY BE EXPRESSED DURING THIS PUBLIC MEETING. ATTENDEES ARE EXPECTED TO CONDUCT THEMSELVES IN AN APPROPRIATE AND A COURTEOUS MANNER. DISRUPTION OF A PUBLIC MEETING IS A VIOLATION OF CALIFORNIA PENAL CODE SECTION 403. AND ANYONE WHO CAUSES A DISTURBANCE IS SUBJECT TO REMOVAL FROM THE MEETING, AND ARREST. WHEN YOU COME UP TO THE PODIUM, I HOPE YOU WILL STATE YOUR NAME, AND YOUR PLACE OF RESIDENCE AND SPEAK ONLY TO THE COUNCIL. AND I’D LIKE TO MAKE AN ADDITIONAL COUPLE COMMENTS. BECAUSE I KNOW A LOT OF YOU ARE HERE, A WHILE BACK, WHEN WE HAD THE PLEANGS MEETING. PLANNING COMMISSION MEETING. AND WE ALL EXPERIENCED SOMETHING THAT WAS TO MANY PEOPLE VERY DISTASTEFUL. A LOT OF PEOPLE WERE VERY INTIMIDATED. THEY WANTED TO GET UP AND SPEAK BUT THEY WERE REALLY CONCERNED. THEY FELT FEARFUL AND THEY DIDN’T WANT TO HEAR ANY REPERCUSSIONS FROM THEIR COMMENTS. WE’RE NOT GOING TO HAVE THAT HAPPEN TODAY. WE ARE ALL GOING TO BE RESPECTFUL. WE ARE ALL GOING TO BE MANNERLY. NOBODY IS GOING TO BE LEAVING IN TEARS. BECAUSE LAST TIME, SOMEONE DID LEAVE IN TEARS. AND THAT WAS BECAUSE SOMEONE CAME UP TO THEM, PUT THEIR FINGER IN THEIR FACE, AND REPRIMANDED THEM AND TOLD THEM HOW SHAMEFUL THEY WERE. WE ALL HAVE OUR OWN OPINIONS. WE’RE GOING TO VOICE THOSE OPINIONS AND WE’RE GOING TO TREAT EACH OTHER RESPECTFULLY. NO MATTER WHAT YOUR OPINION IS. IF YOU DON’T FEEL THAT YOU CAN CONDUCT YOURSELF IN A MANNERLY AND RESPECTFUL WAY, WE DON’T HAVE A PROBLEM WITH THAT. YOU ARE FREE TO LEAVE ANY TIME YOU WISH. AND IF YOU DECIDE TO STAY, AND CANNOT CONDUCT YOURSELF MANNERLY WITH RESPECT, THEN ONE OF OUR OFFICERS WILL ESCORT YOU OUT. SO IF EVERYONE UNDERSTANDS, I HOPE THAT WILL GO SMOOTHLY. IF YOU DON’T UNDERSTAND, I WILL BE GLAD TO READ THIS AGAIN. BUT IF NOT, I WOULD LIKE TO MOVE ON. OKAY ALL RIGHT. SO WE HAVE A COMMENT FROM OUR CITY COUNCIL MEMBER DANA HOBART. OUR MAYOR PRO TEM.>>Councilmember Hobart: THANK YOU VERY MUCH, MAYOR. AS A CITY COUNCIL MEMBER, I’M EXPECTED TO RESTRICT MY VOTING TO THOSE MATTERS IN WHICH I HAVE NO PERSONAL OR PRIVATE INTEREST. WHEN A MATTER IS ON OUR CALENDAR THAT INVOLVES A PRIVATE OR PERSONAL INTEREST, SUFFICIENT TO INFLUENCE THE OBJECTIVE EXERCISE OF ONE’S OFFICIAL DUTIES, I AM REQUIRED TO RECUSE MYSELF. AND AVOID FURTHER PARTICIPATION ON THE MATTER. NOT ALL CONFLICTS OF INTEREST ARE FINANCIAL IN NATURE. POTENTIALLY CONFLICTS OF INTEREST INCLUDE SITUATIONS IN WHICH A PUBLIC OFFICIAL HAS A PRIVATE OR PERSONAL, NONFINANCIAL INTEREST, THAT SOME MAY THINK WILL INFLUENCE THE OBJECTIVE EXERCISE OF MY DUTIES. AS SUCH, I BELIEVE IT IS PRUDENT FOR ME TO RECUSE MYSELF FROM TODAY’S PROCEEDINGS. THE CITY ATTORNEY CONCURS WITH MY DECISION TO RECUSE MYSELF. AND I APOLOGIZE FOR FEELING THAT I HAVE TO DO THAT. THANK YOU.>>Mayor Smotrich: THANK YOU DANA BUT DON’T GO TOO FAR BECAUSE WE ANT YOU TO COME BACK FOR THE LAST TWO ITEMS.>>Councilmember Hobart: I’M NOT — I’LL JUST BE IN MY OFFICE>>Mayor Smotrich: FOR ALL THOSE THAT DON’T KNOW WHAT RECUSING REQUIRES, IT IS THAT SOMEONE COMPLETELY LEAVE THE ROOM AND THAT THEY NOT LISTEN TO ANY OF THE PROCEEDINGS. SO HAVING SAID THAT, DANA IS GOING TO BE PROCEEDING TO HIS OFFICE, AND WE WILL MOVE ON TO THE CITY MANAGER COMMENTS. ISAIAH HAGERMAN.>>THANK YOU, MAYOR AND MEMBERS OF THE CITY COUNCIL. BEFORE MINA GETS INTO HER PRESENTATION ON THE PROPOSED PROJECT I WANTED TO UPDATE THE COUNCIL ON A NEIGHBORHOOD TRAFFIC CONCERN THAT’S BEEN RAISED. CAN WE GO AHEAD AND BRING UP THE POWERPOINT, PLEASE. THERE WE GO. ALL RIGHT, SO SEVERAL WEEKS AGO, THERE WERE CONCERNS BEING RAISED FROM THE NEIGHBORHOOD THAT YOU SEE ON THE SCREEN, THIS IS A PUBLIC NEIGHBORHOOD, THE STREETS HIGHLIGHTED IN BLUE ARE PUBLIC STREETS THAT SERVICE THIS PUBLIC NEIGHBORHOOD. AND THE CONCERN THAT WAS RAISED IS THAT BLUE HIGHLIGHT ROUTE LEADING PARK VIEW TO THE BOTTOM OF THE SCREEN AND JOSHUA AND MAGNESIA FALLS ARE BEING USED AS A CUT-THROUGH OR SHORTCUT ROUTE TO ACCESS THE CENTER OR MAYBE EVEN ACCESS HIGHWAY 111 AGAIN. AND WHEN THESE CONCERNS WERE BEING RAISED, WHAT WAS EXPRESSIONEDEXPRESSCOMPRESSED BE ON THOSE TWO ROADS IS THAT CURRENT CONDITIONS AND CURRENT CUT THROUGH TRAFFIC ASK AT AN UNACCEPTABLE LEVEL AND THE CUT THROUGH TRAFFIC LEADS TO SPEEDING, THE RUNNING OF A STOP SIGN THAT IS ON THE CORNER OF JOSHUA AND MAGNESIA FALLS AND IT DISRUPTS THE NEIGHBORHOOD. SO THE CITY HAS A SET PROCESS THAT IT FOLLOWS WHEN WE RECEIVE A NEIGHBORHOOD TRAFFIC CONCERN. PART OF IT IS GETTING FEEDBACK FROM THE INITIAL REPORTING PARTY OR PARTIES, WHICH WE HAVE DONE THAT. WE HAVE MET WITH A HANDFUL OF PROPERTY OWNERS THAT ARE ON MAGNESIA FALLS DRIVE AND JOSHUA. AND JUST TO GET A BETTER UNDERSTANDING OF THE CONCERNS. AND SO LET ME JUST MOVE ON HERE. MINA CAN YOU CONTROL THE POWERPOINT? THI IS NOT WORKING. ANOTHER ONE, ALL RIGHT. SO THE MAIN CONCERN WAS THE SHORTCUT OR CUT-THROUGH TRAFFIC. AND THE SPEEDING AND THE RUNNING OF THE STOP SIGN WERE MAINLY FROM THOSE CUT-THROUGH COMMUTERS BECAUSE THEY ARE TRYING TO SAVE TIME TO ACCESS THE SHOPPING CENTER OR REACCESS HIGHWAY 111. WHEN WE TYPICALLY LOOK AT CONCERNS WE KIND OF HAVE A SET LIST OF TRAFFIC CALMING MEASURES THAT WE UTILIZE, AND SO I DID ASK OUR PUBLIC WORKS DEPARTMENT WITH OUR STREETS DEPARTMENT TO TAKE A LOOK AT THIS ISSUE AND GIVE ME SOME PROPOSED SOLUTIONS. LET’S GO TO THE NEXT SLIDE. SO IN ANALYZING THIS ISSUE, WE FELT THAT THE CUT-THROUGH TRAFFIC WAS THE PRIMARY LEADING CAUSE OF RUNNING OF THE STOP SIGN AND THE HIGH SPEEDS THAT JOSHUA ROAD AND MAGNESIA FALLS WERE EXPERIENCING. SO HOW CAN WE DEEM WITH THE CUT THROUGH ISSUE ON THIS NEIGHBORHOOD TRAFFIC CONCERN? SO THE TYPICAL PLAY BOOK IS THERE UNDER METHODS ON THE SCREEN. SPEED HUMPS. WE HAVE FOUR EXISTING SPEED HUMPS ON MAGNESIA FALLS. IT HAS NOT ADDRESSED THE CUT THROUGH TRAFFIC. NOT REALLY EFFECTIVE ON CUT THROUGH TRAFFIC. WE CAN FALL SOME SIGNAGE LARGER SPEED LIMIT SIGNAGE, THINGS LIKE THAT WARNING PEOPLE OF AN UPCOMING STOP SIGN AND AGAIN, KIND OF ANALYZING THIS, SAID THAT’S NOT GOING TO DO ANYTHING FOR CUT THROUGH TRAFFIC EITHER. WE DID RECEIVE A REQUEST FROM A RESIDENT OF THIS NEIGHBORHOOD TO TURN MAGNESIA FALLS INTO A CUL-DE-SAC. AND WHEN WE LOOKED AT THAT, THAT WOULD DEFINITELY STOP CUT THROUGH TRAFFIC. BUT WE FELT IT WOULD HAMPER THE ACCESS FOR THE RESIDENTS THAT LIVE IN THIS PUBLIC NEIGHBORHOOD. AND IT WOULD CREATE BASICALLY ONE ENTRY POINT AND ONE EXIT POINT FOR THIS PUBLIC NEIGHBORHOOD. SO AFTER PUBLIC WORKS ANALYZED IT, WE REALLY DIDN’T THINK LIKE THAT WAS A PROPER SOLUTION. WE FELT IT WOULD BE TOO BURDENSOME TO THE RESIDENTS THAT ACTUALLY WOULD UTILIZE THAT ONE ACCESS POINT ALL THE TIME. SO REALLY WHAT WE WERE LEFT WITH ARE TRAFFIC CALMING GATES. WE’VE HAD SEVERAL OTHER STREETS WITHIN OUR CITY THAT HAVE HAD THIS SAME CONCERN. THEY WERE SUSCEPTIBLE TO CUT THROUGH TRAFFIC. AND SO THOSE OTHER TWO STREETS DID INSTALL GATES. AND SO WE SVELTE L FELT LIKE TRAFFIC-CALMING GATES WOULD BE THE ANSWER WITHOUT LIMITING ACCESS FOR THE RESIDENTS. SO THE GOAL HERE WOULD BE TO CREATE DETERRENTS TO DISCOURAGE PEOPLE CUTTING THROUGH THE NEIGHBORHOOD, AND GATES WOULD DEFINITELY MEET THAT OBJECTIVE. LET’S GO TO THE NEXT SLIDE. GO AHEAD AND BRING EVERYTHING UP. SO WHAT YOU’RE SEEING POPPING UP ON THE SCREEN IS I THINK THERE’S ONE MORE — THERE YOU GO — SO THIS IS THAT NEIGHBORHOOD AGAIN. SO THE GREEN CUL-DE-SAC ARROWS AND THE FOUR YELLOW SPEED HUMPS, THOSE ARE EXISTING CONDITIONS. AND THE CITY HAS ALWAYS BEEN CONCERNED WITH THIS NEIGHBORHOOD, WITH THIS PUBLIC NEIGHBORHOOD BECAUSE OF ITS PROXIMITY TO OUR MAJOR REGIONAL ROADS SUCH AS HIGHWAY 111 AND THE COMMERCIAL PROPERTIES THAT SURROUND THIS NEIGHBORHOOD. THEY HAVE BEEN SUSCEPTIBLE TO CUT THROUGH TRAFFIC, WHICH LED TO THE ORIGINAL TRAFFIC CALMING METHODS THAT THE CITY PUT IN. WHAT STAFF IS CURRENTLY WORKING ON WITH THE NEIGHBORHOOD ARE THE BLUE GATE LOCATIONS. SO ONE WOULD BE OFF OF JOSHUA ROAD RIGHT THERE OFF PARK VIEW ON THE BOTTOM OF THE SCREEN AND THEN IN THE TOP LEFT CORNER OF THE SCREEN WOULD BE ANOTHER LOCATION OF THE GATE TO HELP ELIMINATE THE CUT-THROUGH TRAFFIC CONCERN. RIGHT NOW, WE ARE STILL DOING, PUBLIC WORKS IS STILL LOOKING INTO THE DETAILS, THE DESIGN, AND THE ENGINEERING. AND LIKE OUR OTHER NEIGHBORHOOD TRAFFIC CONCERNS, WE WILL BE SHARING THAT INFORMATION WITH THE RESIDENTS THAT LIVE ALONG MAGNESIA FALLS DRIVE AND JOSHUA ROAD THROUGH A DIRECT MAILING. AND THEN THERE’S GOING TO BE A PROCESS TO PROVIDE SOME FEEDBACK TO THE CITY ON THESE GATES FROM ANYTHING FROM THE OPERATION OF IT TO THE LOCATION TO THE ESTHETICS OF THE GATE. BUT WE FEEL LIKE GATES AT THESE TWO LOCATIONS ARE APPROPRIATE FOR THE CURRENT IMPACT THAT THIS NEIGHBORHOOD IS EXPERIENCING, AND WE ARE MOVING FORWARD AS WE WOULD WITH ANY OTHER NEIGHBORHOOD TRAFFIC CONCERN. SO THAT’S JUST AN UPDATE ON THAT CONCERN. BASICALLY DUE TO THE CURRENT CONDITION OUT THERE, THESE GATES, WE’RE WORKING TO — WITH THE NEIGHBORHOOD TO INSTALL THESE GATES REGARDLESS OF A DECISION TODAY ON A PROPOSED PROJECT. SO MINA WHY DON’T YOU GO AHEAD AND DIG INTO THE PROJECT.>>THANK YOU, MR. HAGERMAN. GOOD AFTERNOON, MADAM MAYOR AND CITY COUNCIL MEMBERS, TODAY I WILL BE PRESENTING A PROPOSAL FOR THE NEW DEVELOPMENT OF AN IN N OUT BURGERS ESTABLISHMENT. THE DEVELOPMENT PACKAGE CONSISTS OF ENVIRONMENTAL CASE NUMBER 19004, ZONING TEXT AMENDMENT CASE NUMBER 19002, DEVELOPMENT AGREEMENT CASE NUMBER 190001, CONDITIONAL USE PERMIT PERMIT CASE NUMBER 19007 AND PRELIMINARY DEVELOPMENT PLAN CASE 19002. AS PART OF THEIR SUBMITTAL PACKAGE THE APPLICANT WAS REQUIRED TO SUBMIT A ZONING TEXT AMENDMENT PURSUANT TO SECTION 17.72 OF THE RANCHO MIRAGE MUNICIPAL CODE. THE SUBJECT SITE IS LOCATED WITHIN THE NEIGHBORHOOD COMMERCIAL CN ZONE, SECTION 17.10 OF THE MUNICIPAL CODE GOVERNS THE ALLOWABLE COMMERCIAL AND INDUSTRIAL ZONE USES, PERMIT REQUIREMENTS AND PROJECT REVIEW AUTHORITY. IT IS IMPORTANT TO NOTE THAT THE ZONE OF THE PROJECT SITE WOULD NOT BE CHANGED WITH THE PROPOSED ZONING TEXT AMENDMENT. THE AMENDMENT WOULD ONLY ADDRESS THE USE WITHIN THE SUBJECT ZONE. THE PROPOSED USE ALREADY EXISTS WITHIN THE CITY, THE AMENDMENT WOULD BE ALLOWING THE CONSIDERATION OF THE PROPOSED USING,USE IN TWO OF THE CITY’S COMMERCIAL ZONES. THE PROPOSED USE A FAST FOOD RESTAURANT IS CURRENTLY AN UNPERMITTED USE IN THE SUBJECT ZONE. FAST FOOD ESTABLISHMENTS ARE PERMITTED WITHIN THE COMMUNITY COMMERCIAL ZONE WITH THE APPROVAL OF A CONDITIONAL USE PERMIT, AND IN THE REGIONAL INTERSTATE COMMERCIAL ZONE WITH THE APPROVAL OF A DEVELOPMENT PLAN. STAFF ANALYZED THE PROPOSED ZONING TEXT AMENDMENT, THE EXISTING ZONING CODES AND PREVIOUS HISTORY OF THE SUBJECT SHOPPING CENTER. CONCLUDING THE REVIEW, STAFF IS RECOMMENDING THAT SECTION 17.10.012 BE MODIFIED TO ALLOW RESTAURANT FAST FOOD AS A CONDITIONAL USE IN LARGE SHOPPING CENTERS WITHIN THE NEIGHBORHOOD COMMERCIAL AND GENERAL COMMERCIAL ZONES. IT SHOULD BE NOTED HOWEVER THAT THE RESTAURANT FAST FOOD USES WOULD ONLY BE CONSIDERED IN THE NEIGHBORHOOD COMMERCIAL AND GENERAL COMMERCIAL ZONINGS IF LOCATED WITHIN LARGE SCALE SHOPPING CENTERS. STAFF IS ALSO RECOMMENDING SECTION 17.90.020 DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF TITLE 17 TO BE AMENDED TO INCLUDE THE DEFINITION OF A LARGE SCALE SHOPPING CENTER. A LARGE SCALE SHOPPING CENTER IS DEFINED AS A COMPREHENSIVELY PLANNED SHOPPING CENTER COMPRISING OF 15 ACRES OR MORE. WE’VE HEARD CONCERNS OVER OTHER FASHION FOOD DRIVE THROUGH FACILITIES OPENING ALONG HIGHWAY 111 IF THIS PROPOSAL IS APPROVED BY THE CITY COUNCIL. JUST TO CLARIFY THE PROPOSED ZONING TEXT AMENDMENT WOULD ALLOW THE USE TO BE CONSIDERED IN NEIGHBORHOOD COMMERCIAL AND GENERAL COMMERCIAL SHOPPING CENTERS OF 17 ACRES OR MORE. — OF 15 ACRES OR MORE. THE PROPOSED LOCATION WOULD BE THE ONLY ON HIGHWAY 111 THAT FITS THE ZONING TEXT AMENDMENT. THE SUBMITTAL WAS REQUIRED TO INCLUDE THE APPLICATION FOR CONDITIONAL USE PERMIT. CONDITIONAL USE PERMITS ARE REQUIRED FOR USES WHICH REQUIRE ADDITIONAL ANALYSIS BY STAFF. AS AN EXAMPLE USES TO BE CONSIDERED WITH A CONDITIONAL USE PERMIT WITHIN OUR MUNICIPAL CODE INCLUDE SERVICE STATIONS AND CONSIGNMENT STORES.IS RESTAURANT FAST FOOD USES HAVE THE POTENTIAL TO GENERATE IMPACTS NOT TRADITIONAL OF SIT DOWN RESTAURANTS SOME OF WHICH INCLUDE THE FOLLOWING, TRAFFIC, CIRCULATION AIR QUALITY AND NOISE. STAFFER FOUND THE PROJECT SITE TO BE UNIQUELY SUITED FOR PROPOSED USE. STAFF REQUESTED SPECIAL STUDIES FOR TRAFFIC, NOISE, AND AIR QUALITY, IN ORDER TO ANALYZE THE USE IN THE SUBJECT ZONE AND ON THE SUBJECT SITE. THESE STUDIES WERE PREPARED BY PROFESSIONAL ENVIRONMENTAL PLANNING AND TRAFFIC ENGINEERING FIRMS AND CONCLUDED THAT THE PROJECT WOULD NOT GENERATE ANY SIGNIFICANT IMPACTS. THE PROJECT IS LOCATED OFF OF HIGHWAY 111 IN MAGNESIA FALLS DRIVE WITHIN THE EXISTING RANCHO LAS PALMAS SHOPPING CENTER. THE ZONING FOR THE PROPERTY IS C NFORT, NEIGHBORHOOD COMMERCIAL. THE PROPERTY LIES ALONG THE HIGHWAY 111 COMMERCIAL CORRIDOR WHICH IS PRIMARILY GOVERNED BY THE HIGHWAY 111 EAST SPECIFIC PLAN WHICH PROVIDES UNIQUE ZONING STANDARDS. HOWEVER, THE SUBJECT SITE DOES NOT FALL WITHIN THE SPECIFIC PLAN. THE SITE WAS PREPPED FOR DEVELOPMENT WITH THE RECENT REDEVELOPMENT OF THE RANCHO LAS PALMAS SHOPPING CENTER IN 2015. MOST OF THESE SITE IMPROVEMENTS HAVE ALREADY BEEN INSTALLED INCLUDING PARKING AND LANDSCAPING. THE PAD IS CURRENTLY AVAILABILITY. THE APPLICANT IS PROPOSING A 3800 SQUARE FOOT BUILDING WITH THE ASSOCIATED DRIVE THROUGH ON A 1.5 ACRE SITE. THE MAIN ACCESS POINT IS LOCATED OFF THE MAIN DRIVE AISLE FROM HIGHWAY 111 INTO THE RANCHO LAS PALMAS SHOPPING CENTER ON THE NORTH SIDE OF THE SITE SHOWN AS NUMBER 1. THREE ADDITIONAL ACCESS POINTS ARE LOCATED ON THE EAST SIDE SHOWN AS NUMBERS 2, 3 AND 4. THE PROPOSED PROJECT MEETS THE CITY CODE REQUIREMENTS FOR SETBACKS AND LOT COVERAGE. THE BUILDING ITSELF IS SET BACK 84 FEET FROM THE PROPERTY LINE THAT ABUTS HIGHWAY 111 AND 50 FEET FROM THE PROPERTY LINE THAT ABUTS MAGNESIA FALLS DRIVE. PER MUNICIPAL CODES, STREET SIDES REQUIRE A 25 FOOT SET BACK WHICH THE SITE MEETS AND EXCEEDS. THE CANOPY IS 8.3%. APPLICANT PROVIDES 85 PARKING SPOTS, 70 SPOTS ARE REQUIRED PER OUR MUNICIPAL CODE. THE DRIVE THROUGH ACCOMMODATES 23 CARS AND IS A WRAP AROUND DESIGN. THE ASSOCIATED TRAFFIC STUDY ANALYZED THE AVERAGE NUMBER OF VEHICLES IN THREE EXISTING IN N OUT LOCATIONS IN THE COUNTY, W D CONCLUDED THAT THE STACKING WAS ADEQUATE. THE MANAGEMENT HAS PROTOCOL IN PLACE TO TEMPORARILY BLOCK OFF ACCESS TO THE — FROM THE CURRENT — FROM THE NUMBER ONE ACCESS POINT TO ACCOMMODATE THE EXTRA VEHICLES. AS REFERENCEON TH REFERENCED ON. IF THE CITY DETERMINES THAT THE DIVERSION METHODS ARE NOT ADDRESSING STACKING CONCERNS THE PROPOSED DEVELOPMENT AGREEMENT ADDRESSES CONFIGURATION TO PERMANENTLY BLOCK OFF THE ACCESS POINT. ACCESS POINTS 2, 3 AND 4 WILL STILL PROVIDE ACCESS TO THE SITE. AT NO POINT ARE VEHICLES ALLOWED TO STACK ONTO HIGHWAY 111 AND THE DESIGN IS MEANT TO PROVIDE THAT CONSIDERATION. MAXIMUM HEIGHT OF 27 FEET. THE SETBACKS REQUIRED FOR THE TWO TO ONE SET BACK REQUIREMENT FOR BUILDINGS OVER 20 FEET IN HEIGHT. IT SHOULD ALSO BE NOTED THAT THE PAD IS APPROXIMATELY TEN FEET BELOW HIGHWAY 111 AND THE INCREASE IN HEIGHT IS NECESSARY TO MATCH THE EXISTING BUILDINGS IN THE SHOPPING CENTER AND IT WILL APPEAR TO BE ABOUT A 17 FOOT HIGH BUILDING FROM HIGHWAY 111. THE ARCHITECTURE, COLORS AND MATERIALS WILL FIT IN NICELY WITH THE EXISTING DEVELOPMENT WHILE BEING REMINISCENT WITH THE ESTABLISHED IN N OUT FACILITY. TRUCK FRAIMGHTS, THE CUSTOMER ENTRIES, URS TOWERS ARE INCORPORATED TO MEET EXISTING ONSITE, SUCH AS CVS. THE SECTION SHOWS THE GRADE DIFFERENCES, AND WE CAN SEE THAT THE PROPOSED LOCATION AND BUILDING HEIGHT WILL HAVE MINIMAL IMPACT. THE ATTACHED SHOWS ACCESS FROM HIGHWAY 111 WHILE THE BOTTOM IMAGE SHOWS THE ANALYSIS FROM MAGNESIA FALLS DRIVE. THE DISPLAYED SLIDE SHOWS THE NORTHEAST CORNER OF THE PROPOSED BUILDING, AND HERE WE SEE A VISUAL REPRESENTATION OF THE PAD DIFFERENCE BETWEEN HIGHWAY 111 AND THE PROPOSED SITE. AGAIN THAT PAD DIFFERENCE IS ABOUT TEN FEET. THE PROPOSED PROJECT USES COLORS, MATERIALS AND ARCHITECTURAL FEATURES THAT ARE COMPLEMENTARY TO THE EXISTING CENTER AS SHOWN BY THE SLIDE. THE LANDSCAPE PLAN IS APPROPRIATE FOR THE CLIMATE AROUND THE EXISTING SHOPPING CENTER. SPECIAL ATTENTION WAS GIVEN TO THE MAGNESIA FALLS PARKWAY WHICH IS MORE HEAVILY PLANTED TO PROVIDE ADDITIONAL SCREENING. THE SITE IS PREPLANTED WITH PARTIAL LANDSCAPING BUT THE APPLICANT IS ENHANCING ANNAL ADDING TO THE EXISTING VEGETATION. NEW 24-INCH BOX PALO VERDE AND MUGO TREES ARE PLACED NEXT TO EXISTING SHRUBS. PRIOR TO FINALING THE BUILDING STAFF WILL CONDUCTOR A LANDSCAPE INSPECTION AND WILL BE ABLE TO REQUEST ADDITIONAL LANDSCAPING FOR DRIVEWAYS AS NECESSARY. THE APPLICANT IS ALSO CONDITIONED TO PROVIDE A PHOTOMETRIC PLAN TO SHOW ALL LIGHTING IS MAINTAINED WITH NO SPILLOVER THROUGH THE PROPERTY LINES. LAND SCAPING AND LIGHTING IS DIRECTED DOWNWARD. STAFF RECEIVED SEVERAL COMMENT LETTERS FROM THE PUBLIC REGARDING THE PROPOSED PROJECT AS WELL AS PUBLIC TESTIMONY DURING THE PLANNING COMMISSION HEARING. PUBLIC COMMENT WAS RECEIVED IN SUPPORT AND OPPOSITION OF THE PROPOSED PROJECT. SOME OF THE COMMENTS RECEIVED INCLUDE SUPPORT OF THE BUSINESS ITSELF, SUPPORT OF THE BUSINESS IT WOULD ATTRACT AND SUPPORT FOR THE VARIETY THAT IT WOULD BRING TO RANCHO MIRAGE. THOSE IN OPPOSITION RAISED CONCERNS OVER THE POTENTIALITY INCREASE IN TRAFFIC, CRIME AND ODOR. LETTERS RECEIVED UP TO THE DISTRIBUTION OF THE CITY COUNCIL AGENDA HAVE BEEN INCLUDED IN THE CITY COUNCIL AGENDA PACKET. COMMENTS RECEIVED AFTER THE DISTRIBUTION AND UP UNTIL 11:30 ALAMEDA COUNTY TODAY HAVE BEEN DISTRIBUTED TO THE CITY COUNCIL PRIOR TO THE MEETING AND WILL BE POSTED TO THE CITY’S WEBSITE. COPIES CAN BE ON TAIBD FROM THE CITY CLERK’S OFFICE. SHOWN HERE IS THE EXISTING LAYOUT OF THE PUBLIC STREETS CONNECTING TO THE SUBJECT SITE. WE SEE THAT THERE IS CURRENTLY A POTENTIAL FOR VEHICLES TO UTILIZE JOSHUA ROAD AND MAGNESIA FALLS DRIVE TO GET INTO THE CENTER. INSTALLATION OF SPEED BUMPS AND THE NO LEFT TURN EXIT FROM THE SHOPPING CENTER INTO THE RESIDENTIAL NEIGHBORHOOD. AND JUST TO CLARIFY THESE ARE EXISTING CONDITIONS. AND NOW OUR PUBLIC WORKS DIRECTOR WILL PRESENT SOME ADDITIONAL INFORMATION REGARDING TRAFFIC FLOW ON HIGHWAY 111.>>THANK YOU, MINA. IF YOU WOULD SWITCH TO MY INPUT, PLEASE. SO I WANT TO TALK ABOUT SOME PLANNED TRAFFIC FLOW MODIFICATIONS THAT WE HAVE SLATED FOR THIS AREA. THEY’RE NOT RELATED TO THE PROJECT. BUT GIVEN NATURE OF WHERE THESE IMPROVEMENTS ARE GOING AND WHERE THIS PROJECT IS LOCATED I JUST WANTED TO GIVE EVERYONE AN UPDATE ON THESE IMPROVEMENTS THAT ARE PLANNED. SOME OF THESE IMPROVEMENTS HAVE BEEN IN THE PROCESS FOR ALMOST FIVE YEARS. AND I THINK COMPLETION IS SLATEFOR ABOUT SIX MONTHS FOR SD FOR ABOUT SIX MONTHS IN THE AREA. THESE PLANNED TRAFFIC FLOW MODIFICATIONS WILL BE COMING. SO WE’RE GOING TO FOCUS REALLY THE BULK OF WHAT I’M GOING TO TALK ABOUT IS GOING TO BE IN THE HIGHLIGHTED ORANGE AREA ON THE RIGHT HERE. SO I WENT AND LOOKED AT SOME TRAFFIC COUNTS ON HIGHWAY 111. AND WHAT I DID IS I TOOK THE EASTBOUND AND WESTBOUND, I COMBINED THEM FOR THE AVERAGE. IF YOU GO TO CVAG’S WEBSITE, THEY DID A 24 HOUR PERIOD, AND THE COUNT WENT FROM APRIL 3rd THROUGH THE 5th TO HIT ALL THE INTERSECTIONS. IT’S A PRETTY NEAT INTERACTIVE MAP. YOU CAN GET ON THE CVAG WEBSITE AND GET ALL THESE COUNTS AND TRAFFIC VOLUMES ON THERE. IT SHOWED BOB HOPE WAS THE EIGHTH BUSIEST INTERSECTION ON HIGHWAY 111 WITH AN AVERAGE COUNT OF 40,000 VEHICLES IN THE 24 HOUR PERIOD. SO THEY PUT A TRAFFIC COUNTER OUT ON HIGHWAY 111 EAST OF BOB HOPE, THEY PUT IT ON WEST OF BOB HOPE AND I GOT THE AVERAGE OF ALMOST 40,000 IN A 24 HOUR PERIOD. SO ON THE RIGHT HERE IS JUST THE COUNTS FROM THAT WEBSITE. AGAIN I JUST AVERAGED BOTH SIDES, KIND OF GIVE US A PICTURE OF THE VOLUME ON THESE STREETS. SO THE TOP 10EN HERE ARE PRETTY CONSISTENT. THE ONLY OUTLIER IS MONROE STREET. WE ARE RIGHT AROUND 40,000 VEHICLES PER DAY AT ALL THESE INTERSECTIONS. THESE ARE COUNTS TAKEN AT A SPECIFIC, ON A SPECIFIC DAY SO AT ANY GIVEN DAY THESE CAN SHIFT UP OR DOWN. BUT PRETTY CONSISTENT ON THE 111 CORRIDOR AT ABOUT 40,000 VEHICLES PER DAY. THE REASON I’M KIND OF LOOKING AT THIS INFORMATION IS EVEN IF WE HAVE THESE PLANNED TRAFFIC MODIFICATIONS FOR THIS AREA I JUST WANTED TO SEE IF THE PROJECT IS GOING TO HAVE ANY SIGNIFICANT IMPACT ON THEM AND IF WHAT WE’RE GOING TO DO IS GOING TO NEED TO BE ADJUSTED. SO I TOOK A POSSIBLE WORST CASE SCENARIO AND I SAID IF ALL THE NEW TRIPS FROM THE PROJECT, AND THAT’S 686 TRIPS IN, 686 TRIPS OUT FOR A TOTAL OF 1372. IF ALL THOSE TRIPS WERE ABLE SOMEHOW TO GO THROUGH THAT ONE INTERSECTION, AND COUNTED ON BOTH SIDES, THE VOLUME INCREASE WOULD BE 3.5%. SO TYPICALLY WE WOULD ASSUME THAT YOU’D SEE ABOUT HALF OF THAT. SO THE VOLUME INCREASE FOR THAT INTERSECTION WOULD BE LESS THAN 2%. SO NOT A SIGNIFICANT IMPACT FOR US TO CHANGE OUR PLANS ON WHAT WE HAVE SLATED FOR OUR TRAFFIC PROJECT IMPROVEMENTS OUT THERE. SO SOME OF THE IMPROVEMENTS THAT WERE THREE SPECIFIC IMPROVEMENTS THAT WE’RE GOING TO TALK ABOUT, NUMBER 1 IS THERE’S THIS WIDE NUMBER 3 LANE. SO WHEN PEOPLE GO TO TURN RIGHT, SOME PEOPLE WHO ARE GOING TO GO THROUGH KIND OF HANG OUT IN THE MIDDLE OF THAT LANE. AND THAT — WHOOPS — THE LANE GETS BLOCKED. OKAY. HERE WE GO. SO WHAT WE’RE GOING TO DO OUT THERE IS ADD AN ADDITIONAL 180 STREET OF STRIPING TO SEPARATE THE NUMBER 3 AND NUMBER 4 LANES. SO WHAT’S HIGHLIGHTED ON THE RIGHT THERE IS AN ADDITIONAL 180 FEET OF STRIPING. THAT’S TO KEEP NUMBER 4 SEPARATED FROM NUMBER 3. SO PEOPLE DON’T PARK IN THE MIDDLE AND CAUSE A BOTTLENECK FOR PEOPLE TRYING TO TURN RIGHT, AS THEY GO HIGHWAY 111 TO BOB HOPE. SECOND THING WE’RE GOING TO DO IS ENCOURAGE THE TRAFFIC THAT’S GOING TO GO THROUGH TO SAY ON THE LEFT SIDE OF THE LANE. IF THEY ARE IN THE MIDDLE OF THE LANE THEY ARE GOING TO BLOCK OTHAT RIGHT HAND TURN. OUR TRAFFIC STRIPING PROJECT WHICH IS GOING TO HAPPEN SOON IS GOING TO DO A PAINTED BULB OUT ON THERE. SO IF YOU’RE COMING FROM PALM DESERT TO RANCHO MIRAGE, IT’S GOING TO REALLY KEEP YOU ON TO THE LEFT SIDE OF THAT NUMBER 3 LANE. SO IF YOU WANT TO TURN RIGHT YOU’RE GOING TO HAVE TO MAKE A MOVE AND CHANGE, TURN LAIN TO LO THE RIGHT. WITH THAT STRIPING AND BULB OUT, YOU CAN TURN TO THE CENTER AND DO YOUR TURN ONTO BOB HOPE WITH MUCH MORE EASE. SECOND IS THE RIGHT TURN LANE FROM 111 TO BOAB BOB HOPE IS SLOW TO CLEAR. SO RIGHT NOW IT IS A RED. SO YOU ARE LEGALLY IN CALIFORNIA YOU ARE ALLOWED TO TURN RIGHT ON RED UNLESS POSTED OTHERWISE. SO EVERYONE COMES TO THE RIGHT. AND IF IT’S RED THEY HAVE TO STOP, LOOK FOR CARS AND THEN MAKE A RIGHT TURN. WE HAVE A SOLUTION TO PUT A GREEN ARROW THERE SO WE CAN GET TRAFFIC THROUGH QUICKER. WEESES DOWE DO NOT HAVE A NO U-E WERE PROPOSING TO PUT A NO U-TURN UP ON BOB HOPE, SO WE PUT A NO U-TURN, POST IT THERE, WE POST IT THERE, AND WE WOULD ELIMINATE THE U-TURN THAT’S ALLOWED. ONCE WE ELIMINATE THAT U-TURN THAT’S ALLOWED WE CAN THEN ADD A RIGHT TURN GREEN ARROW, SO ON HIGHWAY 111 WE CAN GET TRAFFIC OUT AND THROUGH THAT MUCH QUICKER. SO YOU CAN STILL TURN RIGHT ON RED IF YOU LOOK BUT THIS WOULD GIVE A GREEN ARROW SO WE’D GET TRAFFIC THROUGH MUCH QUICKER ON TO BOB HOPE. OKAY LABORATORIES, TRAFFIC TO CLEAR FROM HIGHWAY 111 ON THE BOB HOPE DRIVE, WE’VE HAD COMING UP ON FIVE YEARS WE’RE GETTING THROUGH A SIGNAL SYNCHRONIZATION PROJECT. SO SIGNAL SYNCHRONIZATION PROJECTS IS COMING SOON. THERE IS 40 INTERSECTIONS THROUGHOUT THE CITY THAT ARE GOING TO GET BRAND-NEW EQUIPMENT. THEY GET ABOUT SMART CONTROLLERS IN THEM. MANY OF THEM ARE GETTING RELIANCE TO THEM. TO ARE MORE RELIABLE AND TO IMPROVE TRAFFIC FLOW. CABINETS ARE THE COMPUTERS THAT CONTROL THE SIGNALS. THEY ARE ADAPTIVE, THEY’RE SMARTER. SO FOR THIS PROJECT THIS IS A MAP OF THE WHOLE CITY WHERE WE’RE GOING TO DO ALL THE IMPROVEMENTS. WHAT I’M HIGHLIGHT BEING RIGHT THERE IS 111 AT BOB HOPE AND MAGNESIA FALLS. SO BOTH OF THOSE INTERSECTIONS ARE INCLUDED IN OUR SIGNAL SYNCHRONIZATION PROJECT THAT’S COMING UP. WE ALSO HAVE ON BOB HOPE CAMERAS THAT ARE GOING TO BE INSTALLED OUT THERE SO WE CAN REMOTELY MONITOR THE TRAFFIC CONDITIONS. WE DON’T HAVE TO ACTUALLY BE THERE ON SITE, WE CAN REMOTELY LOOK AT THOSE CONDITIONS. SO THE WHOLE GOAL OF THIS PROJECT IS TO MAKE TRAFFIC FLOW SMOOTHER AND GET MORE CARS THROUGH WITH LESS STOPS. SO THAT’S GOING TO BE TAKING PLACE AT BOTH THOSE LOCATIONS. SO THIS IS ONE OF THOSE LOCATIONS WHERE IF WE NEED MORE TIME FOR LEFT TURNS OUT, THROUGHS OR RIGHTS WITH THE NEW SIGNAL SYNCHRONIZATION PROJECT, IT’S JUST WE HAVE MORE ABILITY TO DO THAT TYPE OF, SETTING THOSE TIMING PARAMETERS. SO AGAIN JUST IN CONCLUSION, WE’RE GOING TO IMPROVE THE TRAFFIC FLOW WITH PLANNED PROJECTS THAT WE HAVE REGARDLESS OF WHETHER IN N OUT COMES OR NOT. AND THE THREE ELEMENTS OF THE PLANNED IMPROVEMENT ARE IMPROVE THE ROADWAY STRIPING, BEFORE THE RIGHT TURN POCKET ON 111, ADDING THE PAINTED BULB FOR TRAFFIC IF THEY ARE GOING THROUGH ON 111, INCREASING THE CAPACITY AND THE SIGNAL SYNCHRONIZATION. THAT CONCLUDES MY PRESENTATION, MINA.>>THANK YOU. IN ANALYZING THE PROPOSED PROJECT THE CITY REQUIRED A TRAFFIC AIR QUALITY AND NOISE STUDIES TO BE PROVIDED WITH THE SUBMITTAL IN ORDER TO ASSESS ANY ENVIRONMENTAL IMPACTS, AS WELL AS THE PROPOSED CONDITIONAL USE PERMIT. THE TRAFFIC ANALYSIS CONCLUDED THAT THE PROPOSED USE WOULD NOT SIGNIFICANTLY IMPACT THE SURROUNDING TRANSPORTATION SYSTEM AND THE PROPOSED LENGTH OF THE DRIVE THROUGH IS SUFFICIENT AND CAN ACCOMMODATE THE PEAK STACKING REQUIREMENTS OF THE PROPOSED USE. BEFORE KEY INTERSECTIONS SURROUNDING THE PROJECT WERE ALL ANALYZED IT WAS INCLUDED THAT THE PROPOSED PROJECT WOULD NOT CAUSE A SIGNIFICANT IMPACT. THE TECHNICAL NOISE REPORT CONCLUDED THAT THE NOISE WOULD NOT BE SIGNIFICANT. THE AIR QUALITY AND GREENHOUSE STUDY CONCLUDED THAT THE PROPOSED PROJECT WOULD BE CONSISTENT WITH STATE APPLICABLE PLANS, POLICIES AND REGULATIONS ADOPTED FOR THE PURPOSE OF REDUCING GHG EMISSIONS AND WOULD NOT CAUSE A SIGNIFICANT IMPACT. THE PROPOSED BUILDING WILL ALSO INSTALL AIR DESCRIBERS TO PREVENT ODORS FROM ESCAPING THE RESTAURANT. PURSUANT TO CEQA SECTION 15.332, CLASS 32, INFILL DEVELOPMENT. THAT CONCLUDES MY PRESENTATION.>>Mayor Smotrich: THANK YOU SO MUCH, MINA. SO NOW WE WILL BE MOVING ON TO PUBLIC COMMENTS. AND I WILL TURN THIS OVER TO OUR CITY CLERK, KRISTIE. AND PLEASE, AS — JUST A SMALL REMINDER, REMEMBER TO BE COURTEOUS. AND WE WANT TO HEAR EVERYONE. PLEASE BE AWARE OF THE TIME. WHEN YOU COME UP TO THE PODIUM, AND WE’D LIKE TO LIMIT EVERYONE TO THREE MINUTES.>>The Clerk: OKAY, THE FIRST SPEAKER IS DR. ROLAND RINEHART.>>WHEN THE CLOCK STARTS?>>Mayor Smotrich: WE’LL SHOW YOU.>>I SEE IT. ABOUT THE STUDIES, I VERY MUCH APPRECIATE MEETING WITH ISAIAH AND JEREMY. THEY HAVE BEEN HELPFUL AND UNDERSTANDING OF THE TRAFFIC PROBLEMS THERE. THERE WERE SOME THINGS ABOUT YOUR SLIDES THAT WEREN’T RIGHT, BUT WE CAN WORK ON THAT LATER. AT ANY RATE, THE NUMBER OF SPEAKERS BEHIND ME ARE GOING TO TALK ABOUT THINGS, I’VE ALREADY BURNED 20 SECONDS. THERE’S GOING TO BE A NUMBER OF PEOPLE TALKING ABOUT THINGS THEY HAVE CONCERNS ABOUT. I PROVIDED A PACKAGE TO YOU AND IT’S LIKE 31 PAGES, IT’S A POWERPOINT PRESENTATION WHICH I DIDN’T TURN IN ON TIME SO WE DON’T HAVE IT ON THE SCREEN. IS IT POSSIBLE TO PUT UP THE SLIDE, ANY ONE OF THE SLIDES OF THE AERIAL OF THE — FROM THE IN N OUT WHAT THE PARKING LOT LOOKS LIKE? YOU’LL NOTE THAT NOTIFICATION, YOU DID WHAT’S REQUIRED BY LAW. BUT YOU MISSED A LOT OF SHAREHOLDERS. THERE’S ABOUT 500 SHAREHOLDERS, AND ONLY ABOUT FIVE PEOPLE ARE NOTIFIED ABOUT THIS. THE NOISE STUDY DONE BY IN N OUT DEMONSTRATED THAT THEY VIOLATE THE CITY ORDINANCE FOR SOUND FOR THE VAST MAJORITY OF TIME FOR THE PEOPLE IN MY NEIGHBORHOOD AND YOU’LL SEE THAT ATTACHED. AIR POLLUTION, MOSTLY THE COMPLAINT IS HOW MANY PEOPLE WERE NOTIFIED, CRIME, HOMELESS PROBLEMS, THOSE ARE GOING TO INCREASE, AT THE PLANNING COMMISSION WE SUBMITTED A NUMBER OF DIFFERENT ARTICLES ABOUT CRIME. SAFETY AND FLOW TRAFFIC, THAT’S MOSTLY WHAT I’M GOING TO TALK ABOUT. I DON’T HAVE A POINTER. BUT THE TRAFFIC, THE NUMBER 1 TRAFFIC IS SUPPOSED TO BE THE DRIVEWAY DOWN THROUGH THE CENTER OF — MAYBE YOU CAN MOVE A FEW OTHER SLIDES OVER, THE DRIVEWAY DOWN THROUGH ONE, COMING OFF 111, COMING OFF 111 THERE. THAT THING GOES GREAT. IT’S BASICALLY RIGHT HERE ON THIS ORANGE THING. THEY DID JUST PUT UP SOME SLIDES A WHILE AGO THAT SHOW THEY HAVE THE ABILITY OR THERE’S A DISCUSSION ABOUT BEING ABLE TO BLOCK OFF THIS ACCESS. AND IN N OUT I UNDERSTAND IS NOT NECESSARILY AGREEABLE WITH THAT BECAUSE THAT WOULD REROUTE THE TRAFFIC DOWN ALONG THAT YELLOW AND THEN BACK IN. AND FOR CITIES YOU KNOW AS A CITY WE HAVEN’T EVER HAD DRIVE THROUGHS. RIVERSIDE DOES AND THEY HAVE A LOT OF EXPERIENCE AND THEY ACTUALLY SPECIFICALLY SAID YOU CAN’T HAVE YOUR QUEUE LINE RUN THROUGH THE PARKING LOT BECAUSE IF IT DOES YOU ARE GOING TO LOSE 17 PARKING SPACES THERE. THAT WOULD MAKE THEM OUT OF COMPLIANCE WITH THE CONDITIONAL USE PERMIT BECAUSE THEY LOSE 17 SPACES. WHEN YOU START QUEUING CARS THROUGH THAT SPACE. AND AT THE LAST PLANNING MEETING THE GENTLEMAN SAID HEY WE CAN DO THAT, STACK 36 CARS THERE. YOU LOSE PARKING SPACES THERE. THE LAST THING I HAVE TO DO IS SAFETY. FIRE GETTING IN HERE. 70% OF CALLS ARE NOT FOR FIRE BUT FOR PEOPLE HAVING HEALTH PROBLEMS. THE COMMENT, I TALKED WITH THE FIRE MARBLE, THEY COULD COME IN FROM MAGNESIA IF IT’S BLOCKED THE OTHER WAY. THAT ROAD IS ONLY 14 FEET ACROSS. COMING THROUGH WITH FIRE TRUCKS ON MAGNESIA IS NOT POSSIBLE. ALL RIGHT AS FAR AS THE STUDIES, I REALLY APPRECIATE YOUR COMMENTING ON THE STUDY FROM APRIL OF ’17. THE STUDY THAT IN N OUT DID WAS FROM 2014, PEAK TRAFFIC WAS FROM 5:00. THAT’S NONSENSE. PEAK TRAFFIC SHOWS IT’S AROUND LUNCH HOUR. THERE ARE QUEUE STUDIES THAT SHOW PEAK TRAFFIC AT LUNCH AND THE ITE WHICH GENERATES THAT SAYS PEAK TRAFFIC FOR A FAST FOOD RESTAURANT IS AROUND LUNCH. THE NUMBERS ARE UNDERESTIMATED FOR THE RESTAURANT BECAUSE OF THE PATIO. THE PATIO INCREASES THE SIZE OF THE RESTAURANT DRAMATICALLY. AND THE 8200 SQUARE FOOT RESTAURANT FOR WHICH THEY’RE REDUCING DOESN’T EVEN EXIST. THERE’S BEEN NO RESTAURANT THERE. IT’S FANTASY NUMBERS. WITHIN THEIR OWN REPORT, THEY HAVE INCONSISTENCY. THE AIR QUALITY AND THEIR NOISE SAYS THERE’S 1411 CARS. VERY REPORT WILLS IT WAY DOWN AND GETS IT UNDER. I BELIEVE THEIR TRAFFIC STUDY WAS COMPLETELY MANIPULATED. I WOULD SAY IN CLOSING THAT RANCHO MIRAGE IS THE PLAYGROUND FOR PRESIDENTS. THAT’S BEEN OUR REPUTATION. AND I JUST DON’T WANT IT TO TURN INTO A RACEWAY FOR FAST FOOTD FOOD RESTAURANTS. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS JULIE SKORZELL.>>HI, GOOD AFTERNOON, MY NAME IS JULIE SCORZELL, I’M AN ATTORNEY, I HAVE SENT YOU TWO VERY LENGTHY LETTERS OUTLINING MY OBJECTIONS TO CEQA, TO THE PROPOSAL BASED ON CEQA AND BASED ON THE INCONSISTENCIES WITH THE GENERAL PLAN. AS A CITY COUNCIL YOU ARE VESTED WITH A DUTY NOT ONLY TO MAKE LAWS BUT TO FOLLOW THEM. I IMPLORE YOU TO FOLLOW RANCHO MIRAGE’S OWN REGULATIONS AS WELL AS CALIFORNIA AND FEDERAL LAW AND THE CONSTITUTIONS OF BOTH THE STATE AND THE FEDERAL GOVERNMENT. WE ARE PREPARED TO PROCEED WITH ANY LEGAL ACTION NECESSARY TOO CONTEST THE PROJECT AND THE ZONING CHANGE. YOU ARE CHANGING THE ZONING. YOU DON’T HAVE TO CHANGE THE NAME TO CHANGE THE ZONING. YOU’RE CHANGING THE USE ALLOWED IN A NEIGHBORHOOD COMMERCIAL CENTER. THAT’S A ZONING CHANGE. COURTS ARE WELL AWARE OF WHAT DEVELOPERS AND CITIES DO. WE WILL ALSO SEEK ATTORNEY FEES IF NECESSARY. I DISCUSSED CEQA AT LENGTH AT THE LAST MEETING. I’M NOT GOING TO GET INTO THAT NOW EXCEPT TO SAY THAT I BELIEVE THIS PROJECT HAS BEEN PIECEMEALED. AND THE CUMULATIVE IMPACTS ARE NOT BEING CONSIDERED. I UNDERSTAND FROM THE ZONE TEXT AMENDMENT THERE IS NO LIMITS ON THE NUMBER OF PASS THROUGH DRIVE THROUGH RESTAURANTS IN RANCHO LAS PALMAS. THE SECOND PROPERTY ON MAGNESIA FALLS, WHICH IS ME. I’M CONCERNED WITH THE COMPLIANCE WITH THE GENERAL PLAN. YOU HAVE A BEAUTIFUL GENERAL PLAN THAT WAS PREPARED BY EXPERTS. IT WAS DONE JUST A COUPLE OF YEARS AGO, AND FRANKLY IT WAS DONE AFTER THE REDEVELOPMENT STARTED. IF YOU WANTED TO CHANGE THE USE HE IN THE NEIGHBORHOOD COMMERCIAL ZONE, THE APPROPRIATE TIME TO DO, WAS TO DO THAT THEN. WHEN AN EIR OR A NEGATIVE DECLARATION COULD HAVE BEEN DONE BY EXPERT. THAT WAS NOT DONE. POINTING US TO THE GENERAL PLAN WHICH YOU AS A CITY COUNCIL ARE REQUIRED BY LAW AND BY YOUR OWN ORDINANCES TO FOLLOW, WE SEE THAT RANCHO MIRAGE IS AND WANTS TO STAY A PREMIER RESIDENTIAL COMMUNITY. RANCHO MIRAGE SEEMS TO HAVE NO INTEREST IN THE GENERAL PLAN IN BEING A HAVEN OF FAST FOOD RESTAURANTS AND DRIVE THROUGHS. ON THE WAY HERE TODAY, MY HUSBAND WAS HUNGRY AND WE LOOKED TO SOMEWHERE TO EAT AND LO AND BEHOLD THERE WERE NO DRIVE THROUGHS TO BE FOUND. AND THAT WAS OKAY. BECAUSE THAT’S WHAT THE GENERAL PLAN SAYS. ANY CHANGES TO ZONING, ANY C.U.P.s ANY LAND USE DEVELOPMENT MUST COMPLY WITH THE GENERAL PLAN. THIS ALSO TALKS ABOUT TRAFFIC. AND IT SAYS THE VERY FIRST SENTENCE, TO PROTECT RANCHO MIRAGE’S CHARACTER AS A PREMIER RESIDENTIAL RESORT COMMUNITY. CAREFUL PLANNING OF THE ROADWAY NETWORK IS ESSENTIAL. [APPLAUSE] THIS CROWD, I EAT AT IN N OUT A LOT. I DON’T WANT IT 200 YARDS FROM MY FRONT DOOR. THAT DOES NOT COMPLY WITH A PREMIER RESIDENTIAL COMMUNITY. WE CAN DO BETTER THAN THAT. [APPLAUSE]>>WHAT THIS PLAN ALSO TELLS US IS JUST TWO YEARS AGO, YOU ADOPTED A REGIONAL INTEGRATE COMINTERSTATECOMMERCE AREA. THAT IS WHERE A LOT OF YOUR FINANCIAL MONEY WILL COME FROM. YOU PLANNED FOR PLACES LIKE IN N OUT TO BE OUT BY THE FREEWAY. THAT’S WHERE IN N OUT BELONGS. YOU NEED TO PUT IT THERE, PLEASE DO NOT PUT IT IN MA MAGNESIA FA. A BEAUTIFUL NEIGHBORHOOD OF RESIDENCES. THANK YOU VERY MUCH. [APPLAUSE]>>Mayor Smotrich: THANK YOU.>>The Clerk: NEXT SPEAKER IS MIKE SKORZELL.>>THANK YOU VERY MUCH. I WOULD LIKE TO SPEAK ON ZONING AND ILLEGAL SPOT ZONING. IN THE PLANNING MEETING A FEW WEEKS AGO, THE CITY ATTORNEY STATED, PARAPHRASING, WE ARE NOT REALLY CHANGING ZONING. WE ARE ONLY CHANGING A USE WITHIN THE ZONE. HOWEVER, THAT IS INCORRECT. BECAUSE IT IS USAGE THAT DEFINES A ZONE. THAT’S IMPORTANT. A FAST FOOD DRIVE-THROUGH IS NOT ALLOWED IN A NEIGHBORHOOD COMMERCIAL ZONE, ACCORDING TO YOUR PLAN. IN THIS CASE, YOU ARE ACTUALLY CHANGING THE ZONING FROM NEIGHBORHOOD COMMERCIAL TO COMMUNITY COMMERCIAL OR REGIONAL INTEGRATE COMMERCIAL. THE CITY CANNOT ARBITRARILY MOVE A USE FROM ONE ZONE TO ANOTHER. THAT CHANGES ZONING. AND MAKING SUCH A CHANGE IT GOES AGAINST THE ENTIRE CITY’S GENERAL PLAN. AS YOU ALL KNOW, YOUR PLAN WAS AMENDED IN 2017. ZONING IS CLEARLY MARKED ON THESE CITY ZONING MAPS, AND THESE USE CHARTS. MAKING ZONING CHANGES TO THE CITY’S GENERAL PLAN, ONE CITY COUNCIL VOTE AT A TIME, WOULD MAKE IT TOO EASY TO AMEND THE CITY’S GENERAL PLAN. THIS IS NOT THE WAY A GENERAL PLAN IS CHANGED. THE CITY COUNCIL DOES NOT HAVE THE AUTHORITY TO CHANGE THE GENERAL PLAN BY A SIMPLE FIVE-PERSON VOTE. [APPLAUSE]>>THERE IS A VERY EXTENSIVE PROCESS TO MAKE SUCH AMENDMENTS. CASE LAW HAS ALSO SHOWN THIS TO BE ILLEGAL. SUCH AS BAIRD VERSUS THE CITY OF RIDGELAND JUST IN THE YEAR OF 2018. THE CITY AMENDED THEIR USES TO ALLOW USES NOT ALLOWED, SOUNDS FAMILIAR. TWO OF ALL THINGS AND LISTEN TO THIS, ALLOW DRIVE THROUGH RESTAURANTS IN CLOSE PROXIMITY TO A RESIDENTIAL NEIGHBORHOOD WHERE THEY PREVIOUSLY WERE NOT ALLOWED. FURTHER, IN COURT, THE CITY WAS FOUND TO HAVE ENGAGED IN ILLEGAL SPOT ZONING SHOWING SPECIAL AND PRIVILEGED TREATMENT TO A BUSINESS. TO ALLOW A USE IN A ZONE WHERE IT IS NOT ALLOWED IS SPOT ZONING. IT IS ILLEGAL BY THE LAW IF YOU MAKE ZONING COMPENSATIONS FOR ONE INDIVIDUAL OR BUSINESS, THAT FAVORS THEM OVER ANOTHER. THAT IS NOT LEGAL. THAT IS WHY CITY PLANS ARE WELL DEFINED AS THEY ARE IN THESE MAPS AND ZONING CHARLTS. THIS GUARDS AGAINST CORRUPTION. HERE GRANTING A ZONING EXCEPTION TO IN-N-OUT IS EXACTLY AN EXAMPLE OF ILLEGAL SPOT ZONING. YOU WOULD BE GRANTING THEM A SPECIAL PRIVILEGE AND FAVOR THAT IS NOT OFFERED TO OTHERS. AND LET ME ASK THIS: WHAT WOULD SYMPTOM SOMEONE IN A RESIDENTIAL NAKED WHO HAS FRIENDS ON THIS COUNCIL OR WORSE YET FROM SLIPPING AN ENVELOPE OF CASH TO EACH OF YOU TO GET A SPECIAL FAVOR THAT WOULD ALLOW A SIMPLE VOTE FROM YOU GUYS TO RUN A WELDING SHOP OUT OF THEIR GARAGE? DO YOU REALLY THINK THAT YOU HAVE THE AUTHORITY TO MAKE THAT KIND OF EXCEPTION? THE ANSWER IS NO, AROUND YOU DO NOT HAVE THAT AUTHORITY HERE, EITHER. THE CITY’S GENERAL PLAN PROTECTS AGAINST THIS HAPPENING. IF THE CITY COUNCIL VOTES IN FAVOR OF THIS PROJECT, THIS WILL GO TO COURT. IT WILL COST THE CITY PRECIOUS TIME AND RESOURCES AND THE CITY WILL LOSE. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS JIM CRAWFORD.>>MADAM MAYOR, CITY COUNCIL AND STAFF, GOOD AFTERNOON. MY NAME IS JAMES CRAWFORD. I LIVE ON ESTOLITO DRIVE IN MAGNESIA FALLS COVE, RANCHO MIRAGE. I’D LIKE TO ADDRESS THE DEVELOPMENT REVIEW PROCESS AS IT APPLIES TO THE PROPOSED IN-N-OUT PROJECT. AS YOU CAN SEE FROM THE CHART, ON THE DEVELOPMENT REVIEW, AVAILABLE ON THE CITY’S WEB PAGE, WE ARE ALREADY AT STEP 5. AS I UNDERSTAND IT, NOTIFICATION OF A PUBLIC HEARING WAS SENT OUT LESS THAN A WEEK BEFORE THE HEARING DATE OF SEPTEMBER 12th. HERE WE ARE, THREE WEEKS LATER, AND THE PROPOSED ZONING CHANGES THAT WOULD ALLOW A HIGH VOLUME, FAST FOOD DRIVE THROUGH, HAS ALREADY BEEN RECOMMENDED BY THE PLANNING COMMISSION. AND NOW WE COULD HAVE A FINAL VOTE TODAY ON VERY IMPORTANT, LONG-LASTING ZONING CHANGES. OUR RANCHO MIRAGE COMMUNITY ASSOCIATION CONSISTS OF OVER 500 HOMES IN DIRECT PROXIMITY TO THE PROPOSED SITE.WE MOST CERTAINLY SHOULD HAVE BEEN INFORMED AND OFFER MULTIPLE OCCASIONS TO WEIGH IN ON ANY PROPOSED ZONING CHANGES, LONG BEFORE WE GOT TO THIS STIP IN THE PROCESS. THIS STEP IN THE PROCESS. WHY IS THIS PROJECT BEING RUSHED THROUGH WITHOUT A REQUIRED CEQA STUDY? WHY HAVE WE NOT BEEN AFFORDED ADEQUATADEQUATE TIME TO CAREFULY CONSIDER ZONING CHANGES? BESIDES THE FACT CURRENT ZONING DOES NOT ALLOW FAST FOOD DRIVE THROUGHS, IN-N-OUT DOES NOT MEET THE GUIDELINES PUBLISHED IN THE CITY CHAPTER ON ZONING, 17.10, WHICH STATES PROJECTS SHOULD, AMONG OTHER THINGS, MINIMIZE TRAFFIC CONGESTION. MINIMIZE EXCESSIVE NOISE, ILLUMINATION, UNSIGHTLINESS, ODOR AND SMOKE. AND PROMOTE HIGH STANDARDS OF SITE PLANNING, ARCHITECT AND ARD DESIGN. THE IN-N-OUT PROJECT AS PROPOSED FALLS SHORT OF THE CITY’S PUBLISHED GOALS. IN-N-OUT COULD HAVE PROPOSED A PROJECT THAT MET THE CURRENTLY ZONING, WHICH IS IN PLACE FOR VERY GOOD REASONS. IN-N-OUT HAS MULTIPLE LOCATIONS, THAT DO NOT HAVE DRIVE THROUGH. OUR CURRENT ZONING WHICH PROHIBITS FAST FOOD DRIVE THROUGHS PROTECTS THE COWRMT AND ENVIRONMENTAL QUALITY OF LIFE WE TREASURE AND SHOULD NOT BE AMENDED. WE SHOULD STAND APART FROM UNRESTRAINED DEVELOPMENT. AT MINIMUM, I URGE YOU TO KEEP THE ZONING AS SSH -IS AND ASK IN-N-OUT FOR A PROPOSAL THAT WOULD WORK WITHIN THE EXISTING ZONING. I URGE A NO VOTE AND THE PLANNING COMMISSION RECOMMENDATION BEFORE YOU TODAY. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS DAVID STOKES.>>GOOD AFTERNOON, LADY MAN, COUNCILMEMBERS, MY NAME IS DAVID STOKES, I LIVE AT 71317 SAHARA ROAD, RANCHO MIRAGE. I JUST WANT TO SKIP, KIND OF A TIME LINE WHERE THE APPLICATION NOTICE FOR THIS FAST FOOD DRIVE-THROUGH WAS DONE IN LATE APRIL. AND THEN, YOU KNOW, IT WAS — I.T. WENT THROUGH VARIOUS REVISIONS AND WAS APPROVED BY THE ARCHITECTURAL REVIEW BOARD AT A MEETING ON AUGUST 26th. NOW I WAS THE ONLY MEMBER OF THE PUBLIC AT THAT MEETING AND LOTS OF CONVERSATIONS ABOUT SIGHT LINES AND PARKING AND TREES. BUT NOWHERE IN THAT — NOWHERE IN THE MEETING, SORRY, WAS THE ZONE CHANGE MENTIONED. SO WHEN WE GET DOWN TO THE CAN PLANNING COMMISSION MEETING THAT WAS TWO WEEKS AGO, IT WAS THE FIRST TIME THAT I AND WE ALL HEARD ABOUT THIS, THAT WAS EVERYBODY’S BEEN TELLING YOU THE DAY OF THE ZONE CHANGE. NOW EXACTLY 14 DAYS LATER, YOU EXPECT US TO VOTE ON THIS PROJECT. AND IT’S KIND OF FAST TRACKING. IT’S MOVING THINGS ALONG REAL FAST AND THE MINIMUM RULES HAVE BEEN FOLLOWED. IT APPEARS THAT THE CITY OF RANCHO MIRAGE ARE USING THESE RUSH TECHNIQUES TO MOVE THE PROJECT THROUGH AT A LEAST DESIRABLE TIME FOR THE RESIDENTS TO BE PROPERLY NOTIFIED. MANY ARE OUT OF TOWN. THIS IS STILL THE OFF-SEASON AND THE CITIZENS I BELIEVE HAVE BEEN DENIED THEIR INPUT IN THIS PROJECT. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS ANN WINCHESTER.>>SORRY, I’VE BEEN RUNNING AROUND ALL DAY AND THIS IS ALL CATCHING UP WITH ME RIGHT THIS MINUTE. MY NAME IS ANN WINCHESTER AND I LIVE 71817 SAHARA ROAD. IN FACT I’VE LIVED THERE SINCE 1998. MY MATH IS PRETTY GOOD AND THAT MEANS I’VE BEEN THERE 21 YEARS AS A RESIDENT OF RANCHO MIRAGE. I COULD STAND ON MY FRONT STEPS AND LOOK ALL THE WAY UP THE HILL, TO EISENHOWER. I BET SOME OF YOU DIDN’T KNOW THAT IT’S ALL UPHILL FROM BOB HOPE AND 1 THROA 11 TO EISENHOWD BOB HBOB HOPE . THAT IS NO LONGER A POSSIBLE THING. IN THOSE DAYS, AND NOBODY IN OUR COMMUNITY LOCKED THEIR DOORS. YES. I KNOW, I’M SURE YOU ALL WOULD SAY WELL THOSE WERE THE GOOD OLD DAYS. BUT TODAY IS DIFFERENT. TODAY WE LIVE IN A DIFFERENT ENVIRONMENT. WE HAVE GROWN, AND THAT IS GOOD. AND IT’S ALSO A PROBLEM. INCREASED POPULATION BRINGS MORE PEOPLE AND MORE PEOPLE MAKE ADDITIONAL PROBLEMS LIKE THE TYPES OF CRIMES YOU SEE IN FRONT OF YOU. THIS CHART WAS TAKEN TWO WEEKS AGO, IN ABOUT MID SEPTEMBER. AND IT REPRESENTS A NUMBER OF CRIMES IN ALL CATEGORIES LISTED, ARSON ARREST, ASSAULT, BURGLARY, ROBBERY, SHOOTINGS, THEFT AND VANDALISM. IT LOOKS LIKE CEMENT OF 18 WAS PRETTY CALM. THERE WERE ONLY 38 CRIMES REPORTED. PREVIOUS WEEK MUST HAVE KEPT THE SHERIFF’S DEPARTMENT MOVING. 132 INCIDENTS. I GUESS THEY SHOULD CHECK TO SEE IF THERE WAS A FULL MOON THAT DAY OR MAYBE MERCURY WAS RETD RETROGRADE. NEVERTHELESS WE HAVE CRIME AND OVER THE YEARS IT HAS INCREASED. IN FACT I WAS THE VICTIM OF A BURGLARY JUST THIS LAST DECEMBER. STATISTICS LIKE THIS CAUSE US TO BECAUSE AND THINK WHAT IT WOULD BE LIKE IF WE HAD A FAST FOOD RESTAURANT. VIRTUALLY ACROSS THE STREET FROM WHERE RESIDENTS ON LOWER MAGNESIA FALLS DRIVE LIVE AND THE OTHER 95 HOUSES THAT ARE INCLUDED IN THAT AREA. OR, ONE BLOCK ACROSS HIGHWAY 111, WHERE 446 HOMES ARE LOCATED. I WAS SHOCKED AT THE THOUGHT OF FOUR SHOOTINGS IN ONE WEEK AND I SAID NOT IN MY NEIGHBORHOOD! BUT TODAY, YES, IT COULD BE IN MY NEIGHBORHOOD. NOW, LET’S ADD 1830 TRIPS PER DAY WITH A FAST FOOD RESTAURANT. AND THOSE FIGURES ARE PROBABLY LOW, AS THE TRAFFIC STUDY I THINK IS BEING IMPLICATED, WHAT OTHER WORD TO USE, FLAWED. SO LET’S SAY THAT THERE ARE 2,000 TRIPS. WE’LL JUST ROUND IT UP A LITTLE BIT. STARTING AT 10 A.M. IN THE MORNING AND GOING UNTIL 1, OR 1:30 A.M. IN THE VERY EARLY NEXT MORNING, AND WE HAVE AN AVERAGE RANCHO MIRAGE RESIDENTS — OH I’M SORRY, THE AVERAGE AGE OF RANCHO MIRAGE RESIDENTS IS ABOUT 67. AND I KNOW, WHO IS NOT GOING TO BE AT THEIR RESTAURANT AT THAT HOUR, EITHER IN THE EVENING OR THE MORNING. IF I HAVE A GATHERING, I SHOO EVERYONE OUT AT 9:00, I KNOW THEY’RE NOT DRIVING ACROSS THE STREET TO THE IN-N-OUT. I THINK I KNOW WHO WILL BE THERE, YOUNG PEOPLE, TEENAGERS HOW ABOUT MAZERATI DRIVERS? THAT HAS BEEN A RECENT THINGS, AMBULANCES FIRE TRUCKS AND SADLY HOMELESS PEOPLE. WE HAVE HAD A NUMBER OF HOMELESS PEOPLE LIVING IN MAGNESIA FALLS COVE, IN THE LIBRARY, UNDER THE BRIDGE, AND ON A VACANT LOT ON THE OTHER SIDE OF THE WALL. THIS IS NOT A PRETTY PICTURE. THIS IS THE WRONG ESTABLISHMENT AND THE WRONG PLACE. IT IS THE BIGGEST MISTAKE YOU AS CITY COUNCIL MEMBERS, WILL EVER MAKE IF YOU VOTE FOR IT. PLEASE REMEMBER YOU REPRESENT YOUR RESIDENTS, AND STAND FOR QUALITY OF LIFE THAT WE HAVE COME TO EXPECT, IN OUR CITY OF RANCHO MIRAGE. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS CAROL HOCKSBRA.>>GOOD AFTERNOON. CITY COUNCIL MEMBERS, AND STAFF. I’M CAROL HOCKSBRUNG, ABOUT A 30 YEAR RESIDENT CUPS OF BLOCKS FROM ANN, WE’RE NEIGHBORS, I’VE LIVED IN THE SAME HOME SINCE 1990. I’M THREE HOUSES FROM MAGNESIA FALLS FROM THE INTERSECTION WE KEEP TALKING ABOUT WHICH IS 111, MAGNESIA FALLS UP THE ROAD AND TWO BLOCKS, ONLY ABOUT TWO BLOCKS YES FROM THE PROPOSED IN-N-OUT. PICTURE HOW CLOSE THAT IS, AND REALIZE THAT I WILL BE SPEAKING FROM THE HEART AS A PERSON WHO REALLY CARES ABOUT MY NEIGHBORHOOD. I THINK WE WILL BE HUGELY AFFECTED 50 NOISE POLLUTION AND BY NOISE POLLUTION ANDAIR POLLU. LOTS OF THAT WILL BE GENERATED BY THE IN-N-OUT BURGER AS PROPOSED. FIRST TO AIR POLLUTION. AS YOU KNOW I LIVE CLOSE AND WE RESIDENTS ALREADY EXPERIENCE PLENTY OF AIR POLLUTION BECAUSE WE ARE GOING DOWN THE HILL, JUST A BRIEF WAYS TO THAT MASSIVE INTERSECTION, THAT HAPPILY YOU TALKS ABOUT IMPROVING. WE WAIT AND WAIT, FOR WHAT SEEMS TO BE ALONG, LONG TIME FOR THE LIGHTS TO QUICKLY CHANGE SO WE CAN MAKE OUR EXIT AND GET OUT OF THE AREA. MAYBE WE CAN MAKE A RIGHT TURN EASILY BUT WE ALWAYS HAVE TO WAIT A WHILE TO MAKE A LEFT TURN BACK UPTO TO THE COVE AND IT’S MAYBE ONE OF THE LONGEST LIGHTS IN RANCHO MIRAGE IT FEELS LIKE. I WONDER IF ANY OF YOU HAVE THAT EXPERIENCE WHEN YOU LEAVE OR ENTER YOUR OWN NEIGHBORHOOD. DO YOU HAVE TO WAIT AND WAIT AND WAIT FOR HUNDREDS OF CARS BEFORE YOU CAN TURN IN OR OUT OF YOUR LIVING AREA? IDLING ALSO CAUSES LOTS OF AIR POLLUTION. IT AFFECTS DRIVERS AND ALL OF US RESIDENTS. CARBON DIOXIDE OR CO2 IS ONE OF THE MAIN GREENHOUSE GASES, CAUSING AIR POLLUTION. A SINGLE CAR IDLING FOR TEN MINUTES GIVES OFF ONE POUND OF CAR EMISSION CO2. THINK ABOUT IT. HOW LONG WILL PEOPLE BE SITTING, WAITING AND IDLING THEIR CARS? HOW MUCH POLLUTION IS THAT GOING TO BE? I EXPECT LOTS BECAUSE WE KNOW THAT PEOPLE WILL WAIT AND WAIT AND WAIT AT AN IN-N-OUT, SOMETIMES 20 TO 40 MINUTES. MANY STUDIES TALK ABOUT THE HEALTH IMPACTS OF AIR POLLUTION. EXAMPLES, FOR CHILDREN. INCREASED CHILDHOOD RESPIRATORY DISEASES. ASTHMA. STUNTED LUNG DEVELOPMENT AND THESE ARE DOCUMENTED. IS THAT WHAT WE WANT FOR OUR NEIGHBORHOOD, FOR OUR COMMUNITY? DO WE WANT HEALTH PROBLEMS? I THINK NOT. IDLING ALSO WASTES FUEL. EVERY TEN SECONDS OF IDLING WASTES MORE FUEL THAN WAITING THAN TURNING IT BACK ON. MAYBE THAT’S A NEW HABIT FOR ALL OF US. BUT WE DON’T NEED AN IN-N-OUT TO CAUSE PROBLEMS WITH HEALTH AND AIR POLLUTION. NOISE POLLUTION, LET’S GET TO THAT. HOW WOULD YOU FEEL IF YOU WERE A HOMEOWNER AS MANY OF US ARE AND A DRIVE-THROUGH WAS PROPOSED IN YOUR OWN NEIGHBORHOOD. JUST ACROSS THE STREET. MAYBE NEXT DOOR. HOW WOULD YOU FEEL ABOUT THE EXPECTED NOISE LEVEL INCREASES? WE ARE ALREADY GREATLY AFFECTED BY HIGHWAY 111 AND SEE ENORMOUS AMOUNT OF TRAFFIC. BOB HOPE FOR ITS MAJOR TRAFFIC AS WE’VE SPOKEN EARLIER. EISENHOWER AND THE EMERGENCY VEHICLES. AND IT GOES ON AND ON. FTC WE HEAR, ON WE HEAR ON SUNDE SOUND OF STREET SWEEPERS AT RANCHO LAS PALMAS, WE ARE ASLEEP AT THAT POINT USUALLY UNLESS WE ARE AWAKENED. WE’VE ALSO BEEN AFFECTED ALSO BY THE NOISE OF SEMIS ALREADY TRAVELING DOWN 111 CERTAINLY BUT ALSO MAKING ALL THEIR DELIVERIES NEAR AND BY. WE JUST QUITE DON’T UNDERSTAND WHY WE’RE HAVING THIS DISCUSSION, EVEN. THE NOISE IS CONSTANT UNTIL LATE EVENING. I KNOW THAT SOME OF YOU HAVE BEEN ON THE COUNCIL LONG ENOUGH TO REMEMBER WE’VE HAD MANY DISCUSSIONS WITH YOU, WITH THE PROBLEMS AT THE RIVER. AND THAT’S FROM MUSIC. WE STILL HEAR IT. NOW THAT WE CAN BE OUTSIDE, WE HEAR THE MUSIC FROM THE RIVER. IT’S NOT THE MOST DELIGHTFUL THING. AND WE KNOW THAT WE’LL PROBABLY HAVE THE IN-N-OUT OPEN UNTIL 1 A.M. SO WE’VE GOT A LOT OF TRAFFIC NOISE ALSO. WE’RE GOING TO HAVE A LOT OF PEOPLE, WHAT ARE THEY GOING TO BE DOING? YOUNGER PEOPLE AS ANN MENTIONED THEY’RE GOING TO BE DRIVING OUR NEIGHBORHOODS. WE’RE CONCERNED ABOUT THAT. WHAT ARE THEY GOING TO BE DOING, REALLY? AND THEY WOULD BE DRIVING INTO UNGATED NEIGHBORHOODS. AND WE DON’T LIKE THE SOUND OF THAT. WOULD YOU WANT STRANGERS DRIVING YOUR STREETS? NO AMOUNT OF ABATEMENT CAN STOP THE PEOPLE AND THE NOISE UP AND DOWN OUR COMMUNITY. HOW WOULD YOU FEEL IF THIS WAS HAPPENING TO YOU? AN INCREASE IS FOR POOR — OF POOR AIR QUALITY AND POLLUTION WILL HAVE A GRAVE IMPACT ON OUR HEALTH. HAVE US RESIDENTS AND BUSINESS PEOPLE ALIKE. RANCHO MIRAGE WOULD BE GREATLY IMPACTED BI BUT SO WOULD THE SURROUNDING CITIES AND THE WHOLE COACHELLA VALLEY. DO YOU WANT MORE NOISE AND AIR POLLUTION? PLEASE THINK AND CONSIDER THE NEIGHBORS AND YOUR CONSTITUENTS RESIDENTS FIRST. DO THE RIGHT THING. WE DON’T WANT AN IN-N-OUT BURGER. THANK YOU VERY MUCH. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS CINDY MUELLER.>>HI, MAYOR, MEMBERS OF THE CITY COUNCIL, THANK YOU FOR YOUR GREAT WORK. MY NAME IS CINDY MUELLER, I STILL LIVE AT 71620 ESTOLITA DRIVE FOR THE LAST 20 YEARS. I’VE WORKED IN THE TRANSPORTATION SAFETY FIELD FOR THE LAST YEARS, EVALUATED SCHOOL BUS STOPS FOR SAFETY AND INVESTIGATED ACCIDENTS. IT IS WITH THIS BACKGROUND THAT I’VE COME TO YOU TODAY. I APPRECIATE SOME OF THE CHANGES THAT ARE BEING MADE CURRENTLY, THAT I JUST LEARNED ABOUT WITH YOUR PRESENTATION EARLIER ABOUT BOB HOPE AND 111 ESPECIALLY. I THINK THE STRIPING IS HELPFUL. I THINK ALSO THAT WHEN YOU COMBINE WHAT WAS THREE LANES THERE, NOW YOU’RE KIND OF MAKING IT INTO FOUR LANES, SO YOU’RE KIND OF MAKING SURE THAT EVERYBODY IS A LITTLE MORE SQUISHED TOGETHER IN THERE AND THAT THEY HAVE TO GET THAT DIRECTION RIGHT. BUT THE STRIPING WILL HELP. ANOTHER AREA THAT WE HAVEN’T REALLY — I HAVEN’T HEARD ANYTHING ABOUT, IS IT IS THE MAIN ENTRY WAY INTO THE IN-N-OUT BURGER THERE BY CVS PHARMACY. THAT RIGHT TURN TO GO INTO — I HAVE MAPS BUT I WASN’T ABLE TO PASS THEM OUT. BUT MAYBE A MAP THERE. BUT RIGHT WHERE YOU TURN IN, CVS PHARMACY IS ON YOUR LEFT AND THEN IN-N-OUT WOULD BE ON YOUR RIGHT. THERE IS A BUS STOP THAT IS RIGHT THERE ON HIGHWAY 111. AND I MIGHT PROPOSE THAT IT MIGHT NEED TO BE MOVED. A LOT OF EXPENSE HAS GONE INTO BUILDING THAT BUS STOP, AS WELL AS THE RAMP THAT GOES DOWN FROM THE HIGHWAY. AND THE RAMP ITSELF THAT GOES DOWN, IT DROCHES PEOPLE OFF RIGHT AT A LITTLE CROSSWALK, RIGHT IN THE MIDDLE OF THE TRAFFIC LANE FOR PEOPLE THAT ARE GETTING THEIR BURGERS. AND SO YOU HAVE PEOPLE OFTENTIMES THAT HAVE DIFFICULTIES WALKING OR DIFFICULTIES SEEING WHICH IS WHY THEY’RE NOT DRIVING AND THEY HAVE TO WALK RIGHT IN BETWEEN THE DRIVE-THROUGH LANE AND ALL THOSE CARS TO CONTINUE ON. THE BUS STOP ITSELF IS TOO CLOSE TO THAT RIGHT TURN LANE. SO PEOPLE THAT COME IN BEHIND IT OFTENTIMES WILL GO AROUND A BUS. I’M SURE WE’VE ALL DONE IT. I DO IT MYSELF. THEN THEY GO AROUND AND THEN THEY TURN RIGHT IN FRONT OF THE BUS GOING TO THE RIGHT. EVEN THE BUSES THEMSELVES IF YOU LOOK CLOSELY ON THE BARK OF THE BUS THERE’S A SIGN ON EACH BUS, SOMETHING LIKE I KIND OF WON’T CROWS, GO AROUND ME, CUT ME OFF I’M GOING TO HIT YOU. THIS IS A REAL POTENTIAL WITH THAT MUCH TRAFFIC AND THAT BUS STOP RIGHT THERE. FOR ME GOING INTO MAGNESIA FALLS COVE, EASTBOUND ON 111 AND TURNING LEFT INTO MAGNESIA FALLS COVE, THAT TURN LANE IS VERY SHORT AND WITH THE TRAFFIC COMING IN FROM FRED WARING SIDE IT IS OFTEN DIFFICULT TO GET INTO THAT QUEUE DURING THAT FIRST SIGNAL. SO IT TAKES US TWO SIGNAL LIGHTS JUST TO GET INTO THAT QUEUE. AND BE ABLE TO TURN LEFT. SO WE HAVE KIND OF AN ADDITIONAL DIFFICULTY GETTING HOME AT NIGHT. IF OTHTHE OTHER CHALLENGE GETTIE AT NIGHT FROM WORK IS COMING DOWN PARK VIEW FROM HIGHWAY 111, I TURN RIGHT HEADING TOWARDS IN-N-OUT BURGER AND THEN VERY QUICKLY FROM A VERY SHORT PERIOD OF TIME FROM PARK VIEW TO MAGNESIA FALLS I HAVE TO GET OVER THREE LEANLS IN ORDER TO GET READY FOR THAT QUEUE. WHEN THAT IS A VERY BUSY PLACE THAT IS VERY HARD TO GET OVER TO THE LEFT SAFELY AND I END UP OFTENTIMES CONTINUING DOWN AND HAVE TO MAKE A LEFT AT THE BANK OF AMERICA IN ORDER TO GET ACROSS. AND THAT LIGHT DOES NOT — THAT INTERSECTION HAS NO SIGNAL. SO THESE ARE CURRENT CONDITIONS AND DIFFICULTIES FOR US GETTING INTO THE NEIGHBORHOOD AS IT STANDS NOW. WITH BUT REALLY IN CLOSING, I WOULD LIKE TO ASK YOU TO REVIEW REAL CLOSELY THE TRAFFIC STUDY. THERE ARE A COUPLE OF THINGS IN IT. I JUST GOT A COPY OF IT LAST NIGHT SO I’M NOT REALLY FAMILIAR WITH IT. BUT A COUPLE OF THINGS REALLY CAUGHT MY EYE. ONE OF THE MAIN THINGS I PASSED OUT A LITTLE COPY OF THE PAGE, I WOULD REFER YOU TO PAGE 2116 OF THE TRAFFIC STUDY. AND I’VE BEEN HEARING YOU ALL SAY OR NOT YOU ALL BUT EVERYBODY SAY THAT THERE WOULD BE 686 TRIPS IN TO IN-N-OUT. BUT WHAT I’M SEEING IN THAT STUDY IS THAT WE’VE ALREADY ALLOWED FOR KIND OF A BASE AMOUNT THAT COMES UP TO THE — WHAT DO WE CALL IT, WE CALL IT THE EXISTING ENTITLED QUALITY RESTAURANT. THAT’S LIKE THE RESTAURANT THAT USED TO BE IN PLACE. BUT IS NO LONGER IN PLACE. IT’S AN EMPTY LOT. SO THERE’S A BASE AMOUNT OF CARS THAT THEY FIGURE, THOSE ARE ENTITLED TO. AND SO THAT’S 618 CARS. BUT NOW, WHAT HAPPENS IS, YOU ADD THE DRIVE-THROUGH FACTOR OF TRAFFIC ON TOP OF THAT. SO THAT YOU THEN WHICH THEY FIGURE IS WHERE DO I HAVE THIS NUMBER? I GAVE AWAY MY CHART SO I DON’T QUITE HAVE MY NUMBERS BUT BASICALLY WHAT YOU’RE HAVING THERE FOR IN-N-OUT IS 1372 CARS, ACCORDING TO THAT CHART. OKAY? THAT IS YOUR IMPACT. NOT HALF OF THAT. BECAUSE THE BASE HALF WAS THAT — IS WHAT THEY’RE FIGURING OH YOU ALREADY PLANNED FOR THAT, 680. SO NOW YOU HAVE ANOTHER 680 ON TOP OF THAT OR WHATEVER EXACTLY THOSE NUMBERS ARE. SO I GUESS MY FEELING IS I LIKE FOR YOU TO LOOK AGAIN AT THAT TRAFFIC REPORT. SEE WHERE IT TALKS ABOUT, QUOTE, THE EXISTING ENTITLED QUALITY RESTAURANT, THAT IS YOUR BASE, AND THEN ADDING ONTO THAT THE FACTOR FOR AN IN-N-OUT BURGER, I DON’T MEAN IN-N-OUT, JUST ANY DRIVE THROUGH RESTAURANT. BECAUSE I LIKE IN-N-OUT BURGER. WE ALL DO. OKAY? BUT THE TRAFFIC IMPLICATIONS THERE ARE PRETTY IMMENSE. AND I THINK UNDERSTATED IN OUR STUFF. SO I WOULD URGE YOU PLEASE DON’T APPROVE ANY PROJECT THAT REALLY THAT DRASTICALLY ADDS TO A BIGGER TRAFFIC CLUSTER AND TO ASK YOU TO REALLY LOOK CLOSELY IF YOU WOULD AT THAT TRAFFIC REPORT. AND I’LL BE LOOKING ALSO IN THE NEXT FEW DAYS, AND TRY TO SEND YOU UPDATED THOUGHTS ON THAT TOO. THANK YOU FOR YOUR TIME. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS ANN COLEMAN.>>GOOD AFTERNOON, MAYOR AND COUNCILMEN. WELL, MAYOR, COUNCILMEN TOWNSEND, KITE, WEILL, AND UNFORTUNATELY MISSING DANA HOBART, I ASK THAT YOU FOCUS TON HANDOUT AND REMEMBER THE PROMISES MADE TO YOUR CONSTITUENTS HERE TODAY AND REMEMBER THE PROMISES YOU HAVE MADE TO ALL OF THE RESIDENTS OF RANCHO MIRAGE. I ASK YOU ALL TO READ THIS WITH ME. EXCERPTS IN YOUR MAYORAL SPEECHES. MAYORS MESSAGE FROM MAY 2006, DANA HOBART, THANK YOU FOR RESPECTING THE QUALITY OF LIFE WE HAVE WORKED SO HARD TO SECURE. THANK YOU MAYOR HOBART. MAYOR’S MESSAGE FROM JUNE 7th, 2016, COUNCILMEMBER WEILL, THE CITY IS PLEASED TO HAVE A HIGH QUALITY SUBJECT, REFLECTIVE OF THE HIGH QUALITY STANDARDS OF OUR COMMUNITY. MAYOR’S MESSAGE, JUNE 15th, 2017, CHARLES TOWNSEND AS YOUR MAYOR AND ON BEHALF OF THE COUNCIL AND FAITHFUL STAFF I REMAIN RESOLVED TO GROW THE RANCHO MIRAGE BRAND TO ITS HIGHEST LEVEL. WITH YOUR SUPPORT AND VALUED INPUT WE AS YOUR CITY COUNCIL WO WILL CONTINUE TO MOVE FORWARD IN UNITY, STABILITY AND LEADERSHIP ON A CONTINUED PATH OF EXCELLENCE. MAYOR’S MESSAGE MAY 10th, 2018, MR. KITE, INDEED MUCH HAS CHANGED OVER THE YEARS AND YET MUCH REMAINS THE SAME. THE CITY COUNCIL CONTINUES TO FOCUS FIRST AND FOREMOST ON THE FISCAL HEALTH, THE SPIRIT OF IMPROVING OUR CITY AND STRENGTHENING OUR COMMUNITY TO PROTECT AND ENHANCE THE QUALITY OF LIFE FOR OUR RESIDENTS. AND MAYOR SMOTRICH MESSAGE FROM MAY 14th, 2019, IRIS SMOTRICH, IMPROVEMENTS AND CHANGES HAVE OCCURRED. BUT OUR SENSE OF COMMUNITY AND EFFORTS TO ENHANCE THE QUALITY OF LIFE, OF OUR RESIDENTS HAS REMAINED. SO THE CITY FATHERS PRESENT HERE TODAY HAVE SERVED THE CITY FOR MANY YEARS. I’M SURE YOU ALL REMEMBER THE YEARS OF FORMER MAYOR ALLEN SEAMAN WHEN HE NAMED OUR CITY SHANGRI LA. OUR DECEASED MAYOR SEAMAN’S WIFE JEANETTE, LETTER TO THE WITH EDITOR, OUR OWN SHANGRI LA, RANCHO MIRAGE WAS A SMALL TOWN THAT HAS GROWN INTO A SHANGRI LA THATHANKS TO THE HARD WORK OF TE COUNCILMEMBERS WHO HAVE MADE IT BETTER AND BETTER. I HAVE WATCHED OVER THE YEARS THE WONDERFUL ACCOMPLISHMENTS THAT THIS COUNCIL HAS MADE SO WE HAVE AN INCREDIBLE LIFESTYLE. I SHARE WHAT JEANETTE SEAMAN SAID. I ASK YOU TO STEP BACK IN TIME AND REMEMBER WHEN WE WERE SHANGRI LA. THE PLAYGROUND OF THE DESERT, THE PLAYGROUND OF THE PRESIDENTS. A YES VOTE WILL AND WOULD CREATE FOR OUR NEIGHBORHOOD AND THE CITY. NOW THAT IS NOT FEAR. THAT’S ANOTHER F WORD THROWN AROUND HERE THAT’S CALLED FACT. I THINK TODAY’S PRESENTATION FACTS AND FIGURES WILL PROOF IT. PROVE IT. WHY WASN’T JACK-IN-THE-BOX, WIENERSNITZEL? DOES THE COUNCIL BELIEVE THEY HAVE DONE THEIR DUE DILIGENCE TO ENSURE THEIR QUALITY OF LIFE? IN MY OPINION AND OTHERS, I HAVE SPOKE TO THE DEFORM BUILT THE CENTER WHO FELL SHORT AND DOES NOT ATTRACT THE RIGHT BUSINESSES. I ASKED THE DEVELOPER, MR. BUSEY WHY HE PRESENTED TO THE MEMBERS OF THE TOWN HALL MEETING, MARCH 22nd, WHAT WE THOUGHT ABOUT AN IN-N-OUT RESTAURANT AND IT WAS VOTED DOWN. PARAGON PLEASE GO BACK TO THE DRAWING BOARD. MAKE THE NECESSARY IMPROVEMENTS TO THE CENTER AND MAKE IT MORE ATTRACT AND USEFUL SO OTHER BUSINESSES NOT DRIVE THROUGH RESTAURANTS MIGHT HAVE AN INTEREST TO BUILD THERE. IN CLOSING ABOUT 20 YEARS AGO OUR RANCHO MIRAGE COMMUNITY STARTED A MOVEMENT CALLED SOS, SAVE OUR SAHARA ROAD. THAT’S WHEN THE BUSINESSES WERE BUILDING ALONG THE CORRIDOR ON HIGHWAY 111. THE COMMUNITY WAS SUCCESSFUL WORKING WITH THE CITY THEN. WE WERE SUCCESSFUL WHEN YOU LISTENED TO US ABOUT THE LANDSCAPING, ALL THE WAY UP MAGNESIA FALLS AND THEN WHEN YOU GOT THE GRANT FOR SAFE TO SCHOOLS UP INDIAN TRAIL AND WE CHANGED YOUR MIND ABOUT PUTTING CONCRETE UP THE SIDE AND YOU BUILT UP THE BERM AND THAT WAS WITH ALL OUR INPUT. I DON’T THINK WE HAVE BAD INPUT. SO PLEASE WORK WITH THE RESIDENTS. WE’VE WORKED ON ALL OF THOSE THINGS. YOU’VE GOT TO DO THE RIGHT THING. YOU’VE GOT TO VOTE NO. TODAY WE’RE SENDING OUT ANOTHER SOS TO OUR RANCHO MIRAGE COUNCIL. PLEASE SAVE OUR SHANGRI LA. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS JIM ELLIOT. BEFORE YOU START, DID YOU WANT THE SLIDES BACK UP SIR?>>SORRY?>>The Clerk: DID YOU WANT THE SLIDES BACK UP?>>NO I’M OKAY. I CAN HANDLE THIS. MY NAME IS JIM ELLIOT. I LIVE ON 72447 MAGNESIA FALLS ROAD, ON THE END JUST BEFORE JOSHUA. I’M THE ORIGINAL OWNER WITH MY WIFE. WE’VE BEEN THERE A WHILE. I WANT TO THANK THE MAYOR AND ALL OF THE COUNCIL FOR THE OPPORTUNITY TO SPEAK. AS YOU ARE AWARE OF BY NOW I’M SURE I’M OPPOSED TO THE PROPOSED LOCATION FOR IN-N-OUT BURGER DRIVE THROUGH RESTAURANT IN RANCHO LAS PALMAS SHOPPING CENTER. MY CONCERN IS NOT SIMPLY NOT ABOUT MY BACKYARD, I’VE HEARD THAT BEFORE, NIMBY, THERE WERE 23 HOMES ON JOSHUA AND MAGNESIA, 52 IN WHITE SUN AND 446 IN MAGNESIA COVE. WE WOULD ALL BE AFFECTED 50 INCREASED TRAFFIC ON OUR STREETS AND ON HIGHWAY 111. THE TRAFFIC STUDY PREPARED BY IN-N-OUT OR FOR IN-N-OUT IS FLAWED. I THINK WE CAN DEMONSTRATE THAT, YOU’LL SEE IN SOME OF THE DOCUMENTATION THAT YOU HAVE THAT IT IS. JUST TO REITERATE SOME OF THE THINGS THAT YOU’LL SEE IS THERE’S A 50% FUDGE FACTOR USED IN THE DEFENSE OF THE DATA BEING COLLECTED IN AUGUST. OKAY? THAT FLIES IN THE FACE OF THE INCREASE OF POPULATION IN THE CITIES IN THE COACHELLA VALLEY FROM 200,000 VALLEY RESIDENTS TO 800,000 NOT TO MENTION THE 3.5 MILLION ANNUAL VISITORS WHO COME TO VISIT US PRIMARILY IN THE HIGH SEASON. THEN THERE’S THE ISSUE OF BUSINESS HOURS. IN-N-OUT WOULD BE THE ONLY ESTABLISHMENT OPEN UNTIL 1:30 IN THE MORNING IN RANCHO MIRAGE. I DON’T THINK THAT’S ACCEPTABLE IN MY OPINION. WE’LL HAVE UNWANTED TRAFFIC BY CAR AND ON FOOT ON JASH WA, MAGNESIA AND IN THE AREA. IS THIS ACCEPTABLE, WOULD YOU WANT THIS IN YOUR NEIGHBORHOOD? THE COUNCIL HAS SPOKEN ABOUT THE HIGH STANDARDS OF EXCELLENCE IT HAS FOR RANCHO MIRAGE. THIS INCLUDES PROTECTING THE LIFESTYLE OF THE RESIDENTS THAT THEY WORK VERY HARD TO MAINTAIN AND RETAPE. QUALITY OF ITS RESIDENTIAL NEIGHBORHOODS, FURTHER IT WILL HAVE A STRONG SENSE OF SETTING AND — EXCUSE ME REFLECTED THROUGH THE QUALITY OF RESIDENTIAL AND COMMERCIAL DEVELOPMENT. DOES PROPOSED PROJECT REALLY MEET THIS VISION? IN ADDITION THE STREET SYSTEM WILL ALSO BE SAFE, EFFICIENT AND ATTRACTIVE, TRYING TO ENHANCE, THE LOCAL MERCHANTS. AGAIN DOES THIS MEET YOUR CRITERIA? DID YOU KNOW THAT THE CITY OF RIVERSIDE WHICH HAS HAD FAST FOOD DRIVE THROUGHS FOR QUITE A WHILE HAD TO CHANGE ITS SITE CRITERIA AND THE DEFINITION OF A SITE CRITERIA IN REGARD TO DRIVE THROUGH RESTAURANTS? AMONG OTHER THINGS IT STATES THE USE REFERRING TO DRIVE THROUGHS WILL NOT SUBSTANTIALLY INCREASE TRAFFIC ON STREETS IN A RESIDENTIALLY ZONED DISTRICT. IT ALSO STATES THE USE WILL NOT SUBSTANTIALLY LESSEN THE USABILITY OR SUITABILITY TO A NEARBY RESIDENTIAL ZONED USE. WHY DO YOU FIEF RIVERSIDE FELT COMPELLED TO CHANGE THAT? BECAUSE OF AN INADEQUATE AND FLAWED TRAFFIC STUDY. RANCHO MIRAGE IS A CUT ABOVE THESE CITIES. I KNOW SOME OF THESE CITIES, I’VE ACTUALLY LIVED AND WORKED THERE. YOU HAVE THE ABILITY TO STOP THIS PROJECT IN ITS TRACKS RIGHT NOW. CONTRACTORS ARE NOW DOING WORK ON BEHALF OF IN-N-OUT. PLEASE VOTE NO. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS MATT JOHNSON.>>GOOD AFTERNOON, MATT JOPS, 73134 BLAIR RO BLE BEL AIR ROAD. WITH I SERVE ON YOUR BOARD OF DIRECTORS FOR THE RANCHO MIRAGE CHAMBER OF COMMERCE, AND I AM A DODGERS FAN. MY DISCUSSIONS WILL BE BRIEF BECAUSE THE GAME TONIGHT IS AT 5:37 WHICH I KNOW WE’LL ALL BE DONE BY THEN. WHEN I FIRST HEARD ABOUT IN-N-OUT, I WAS EXCITED. WHEN I FIRST HEARD ABOUT WHERE IT WAS GOING, I WAS CONCERNED BECAUSE I WAS CONCERNED ABOUT TRAFFIC CIRCULATION, NOISE, TRASH, AROMA AND HEADLIGHTS. THE IN-N-OUT BURGER IS PLANNED ABOUT TWO FEET ABOVE AND RIGHT ACROSS THE DRIVEWAY FROM MY OFFICE. AND ACTUALLY, INSTEAD OF MY ROOM WINDOW YOU’LL NOW SEE IN-N-OUT WHICH, YOU KNOW, IS NOT THE GREATEST THING IN THE WORLD BUT IT’S PART OF THE PROCESS. WITH THESE CONCERNS, I WENT AND MET WITH STAFF AND WE WENT OVER EACH AND EVERY ONE OF THOSE CONCERNS AND STAFF WAS ABLE TO SHOW ME THAT EACH AND EVERY ONE OF THOSE CONCERNS HAD INDEED BEEN ADDRESSED AND I WAS SATISFIED. AND I BASICALLY CAME AWAY FROM THAT UNDERSTANDING EVERYTHING MORE. THEY HAD ADDRESSED EACH AND EVERY ONE OF THOSE CONCERNS AND THE DEVELOPER HERE FOR THIS PROJECT HAS SPENT MILLIONS OF DOLLARS ON THAT RENOVATION WHICH LOOKS NICE. I TOO HAVE RENOVATED TWO OF THE OFFICE BUILDINGS THERE. IN-N-OUT HAS PREPARED ALL OF THE STUDIES TO ADDRESS ALL OF THOSE CONCERNS. AND I BELIEVE THAT RANCHO MIRAGE IS A FIRST CLASS CITY AND IN-N-OUT IS A FIRST CLASS OPERATOR. AND I THINK WE DESERVE IN-N-OUT RIGHT THERE IN THIS LOCATION, GO DODGERS. [APPLAUSE]>>THANK YOU.>>The Clerk: THE NEXT SPEAKER IS BRUCE BOWER.>>GOOD AFTERNOON, MAYOR AND COUNCILMEMBERS AND CITY STAFF. MY NAME IS BRUCE BOWER. I’M A IS ATTORNEY WITH SLOVACK IT ALL. SLOVACKETTE AWL. CK, ET AL. S CONCERNS WE HAVE REGARDING THIS PROJECT. IT IS OUR BELIEF THAT THE CITY IS ATTEMPTING TO PUT A SQUARE PEG INTO A ROUND HOLE. THE UNDERLYING PROJECT REQUIRES CEQA REVIEW. THERE IS NO QUESTION ABOUT IT. THE CONSIDERATION OF A PROJECT OF THIS NATURE HERE IS NOT CONDUCTED IN ISOLATION, GIVEN ITS DRAMATIC IMPACT ON THE NEIGHBORING COMMUNITY. YOU’VE HEARD ABOUT THAT DRAMATIC IMPACT FROM SOME OF THE RESIDENTS OF YOUR COMMUNITY. OF THE NEIGHBORHOOD. THE CONSIDERATION OF A PROJECT LIKE THE ONE BEFORE THE CITY COUNCIL REQUIRES AN ANALYSIS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OR CEQA. WHICH PROVIDES THE FULLEST PROTECTION OF THE ENVIRONMENT WITHIN THE REASONABLE SCOPE OF THE STATUTE. CEQA APPLIES TO ALL DISCRETIONARY PROJECTS PROPOSED TO BE UCT COULDED OR APPROVED BY A CALIFORNIA PUBLIC AGENCY. THIS IS A PUBLIC AGENCY. YOU’RE REQUIRED TO CONDUCT ONE. WHY IS THAT NOT BEEN DONE HERE? THAT IS BECAUSE THE CITY HAS RELIED ON A VERY NARROW DPOAMTION CEQA, WHAT IS CALLED THE INFILL EXEMPTION TO CEQA. THAT EXEMPTION DOES NOT APPLY HERE. THAT EXEMPTION REQUIRES THERE’S FIVE FINDINGS BEFORE THAT EXEMPTION TO CEQA MAY BE APPLIED. TWO OF THOSE PROBLEMS, TWO OF THOSE PRONGS ARE ABSOLUTELY PROBLEMATIC HERE. THE FIRST ONE IS THAT THE PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN DECISION DESIGNATION AND ALL APPLICABLE POLICIES, WITH THE ZONING REGULATIONS, AS YOU KNOW AND AS YOU HAVE BEFORE YOU, YOU HAVE TWO ZONING TEXT AMENDMENTS. THAT INDICATES TO YOU, SHOULD ON ITS FACE, THAT THE PLAN, THE C.U.P. THAT IS PROPOSED DOES NOT CONFORM WITH THE APPLICABLE ZONING DESIGNATION AND REGULATIONS. SINCE IT DOES NOT COMPLY WITH THE CURRENT BE GENERAL GENERALD ZONING REGULATIONS, THE CITY CANNOT AVAIL ITSELF OF THAT INFILL EXEMPTION. WHAT THE CITY IS ATTEMPTING TO DO IS TO RECTIFY THOSE ZONING PROBLEMS WHILE CONCURRENTLY AMENDING THE ZONING PROBLEMS. ESSENTIALLY, IT’S TRYING TO BOOT STRAP THE PROBLEM ALONG WITH THE APPROVAL OF THE C.U.P. IT CANNOT DO THAT AND IT WILL FACE A LAWSUIT IF THIS MATTER PROCEEDS IN THE MANNER IT IS GOING FORWARD WITH. CURRENTLY THE PROJECT IS WITHIN THE NEIGHBORHOOD COMMERCIAL ZONE. THAT NEIGHBORHOOD COMMERCIAL ZONE DESIGNATION DOES NOT PERMIT FAST FOOD RESTAURANTS. END OF STORY. WITH THAT DETERMINATION, YOU CANNOT UTILIZE THE INFILL EXEMPTION TO CEQA. SO THE CITY IS DOING SOMETHING THAT IS ABSOLUTELY IMPERMISSIBLE AND IS NOT ALLOWED BY LAW. IT IS TRYING THE AMEND THESE TWO ZONING PROBLEMS BY UTILIZING THE FAST FOOD AMENDMENT, THERE’S TWO AMENDMENTS BEFORE YOU, AND THE LARGE SCALE SHOPPING CENTER AMENDMENT. BUT FOR THESE MODIFICATIONS, THE PROJECT COULD NOT OPERATE A DRIVE-THROUGH FOR CUSTOMER SERVICE. THE FURTHER PROBLEM THAT THE CITY HAS WITH THIS APPROACH IS THAT THOSE AMENDMENTS THEMSELVES REQUIRE A CEQA REVIEW. THERE IS NOTHING BEFORE, AND NOTHING CONTAINED IN THE STAFF REPORT, THAT INDICATES THAT THOSE ZONING TEXT AMENDMENTS HAVE UNDERGONE THE RI RIGOR OF A CEQA REVIEW. THE CITY HAS FAILED TO CONDUCT AN INDEPENDENT ANALYSIS OF CEQA AS THE PROPOSED AMENDMENTS AND THEREFORE, THE PROPOSED AMENDMENTS BY THEMSELVES CANNOT BE PASSED IN THE MANNER CURRENTLY PROPOSED. AND I MIGHT POINT OUT IN THE STAFF REPORT ITSELF, THE TEXT OF THE AMENDED ZONE AMENDMENT ON PAGE 569 IS IN ERROR. IF YOU LOOK AT THE TOP OF THE PAGE IT DOES NOT EVEN CONTAIN THE DESIGNATIONS, THE DIFFERING CODE DESIGNATION IS AS REQUIRED. FINALLY, AN ORDINANCE OF THE NATURE OF THOSE ZONING TEXT AMENDMENTS DOES NOT TAKE EFFECT UNTIL 30 DAYS AFTER ADOPTION OF THE SECOND READING. SO THE ZONING TEXT AMENDMENTS WOULD NOT BE EFFECTIVE FOR 30 DAYS. HOW ACCOUNT CITY COUNCIL TAKE ACTION WITH RESPECT TO THE C.U.P. WHILE THOSE ZONING TEXT AMENDMENTS ARE NOT ACTUALLY APPLICABLE? WHAT THE CITY NEEDS TO DO AND HAS FAILED TO DO IS TO AMEND IF THEY COULD LIKE TO, AMEND AND MAKE THOSE ZONING TEXT AMENDMENTS, THEN BRING THIS MATTER BEFORE THE CITY COUNCIL WITH AN EIR. AN EIR IS NOT PROBLEMATIC, THAT WOULD GIVE THE RESIDENTS OF THIS COMMUNITY THE BEST ASSESSMENT OF THIS PROJECT. THAT’S WHAT THEY ARE CLAMORING FOR. THEY ARE ASKING FOR THE CITY TO ASSESS IT IN A FULL AND MEANINGFUL WAY AND NOT TO DO IT IN A MARRY MANNER THAT IT’S MANNER IT IS DOING TODAY.FURTHEO FORWARD, SINCE IT’S SHOWING THERE ARE NO ADVERSE IMPACTS ON THE COMMUNITY, SO THE TRAFFIC GATES WE’VE TALKED ABOUT EARLIER, THE TRAFFIC CONES, THE BLOCK OF TRAFFIC, THESE DIFFERENT THINGS ARE MITIGATING MATTERS AND MITIGATING CIRCUMSTANCES THAT THE CITY IS TRYING TO PUT OUT AND SAYING THAT THERE ARE NO ADVERSE IMPACTS TO THE COMMUNITY. THAT’S SIMPLY NOT THE CASE. AND MORE SO, THE CITY CANNOT DO AND PUT FORWARD MITIGATING FACTORS TO SNOW THERE ARE NO ADVERSE IMPACTS. THAT IS CASE OF SALMAN PROTECTION WATERSHED NETWORK VERSUS COUNTY OF MARIN. IN DOING SO, WHAT THE CITY IS MERELY DOING IS KICKING THE CAN DOWN THE ROAD. THEY’RE SAYING WE’LL PUT THESE MITIGATING FACTORS IN PLACE AND HOPE THAT THE PROBLEM IS REMEDIED DOWN THIS WAY. WELL, THEY’RE NOT PERMITTED TO DO THAT. THEY NEED TO CONDUCT THE ANALYSIS TODAY. FINALLY, THE EXEMPTION CANNOT APPLY HERE BECAUSE EVEN IF THE EXEMPTION WERE TO APPLY AND IT DOES NOT, THERE’S A FURTHER PROVISION OF CEQA THAT SAYS UNDER UNUSUAL CIRCUMSTANCES, THAT INFILL EXEMPTION WILL NOT APPLY. IF THERE ARE — IS A SHOWING THAT A SPECIFIC PROJECT HAS UNUSUAL CIRCUMSTANCES, CONNECTED TO IT, THEN THAT EXEMPTION WILL NOT APPLY. AN IN-N-OUT RESTAURANT WITH A DRIVE-THROUGH IS NOT A TYPICAL PROJECT THAT SHOULD BE RUN THROUGH WITHOUT CAREFUL CONSIDERATION. IT IS NOT A TYPICAL FAST FOOD RESTAURANT. WE ARE ALL WELL AWARE OF THAT. IN-N-OUT BURGER RESTAURANTS ARE NOTORIOUS FOR THEIR IMPACT ON THE SURROUNDING ENVIRONMENT. THE TRAFFIC, THE NOISE, THE GAS HOUSE EMISSIONS AND OTHERWISE OVERALL ENVIRONMENTAL DEGRADATION OF THESE RESTAURANTS ON SURROUNDING NEIGHBORHOODS IS KNOWN TO THE PUBLIC AT LARGE, AND IS STORIED. IT IS A LOVE AFFAIR THAT THE PUBLIC HAS WITH THIS RESTAURANT THAT ALSO BRINGS WITH IT AN UNFATHOMABLE BURDEN ON THE NEIGHBORHOOD. I URGE THE CITY COUNCIL TO CONSIDER THIS MATTER MORE FULLY AND UNDER THE GUISE OF AN ENVIRONMENTAL IMPACT REPORT AND TO VOTE NO ON, AS THE PROJECT IS CURRENTLY SITUATED. [APPLAUSE]>>The Clerk: THE NEXT SMEE SPEAS MAGE MAGGIE LOCKERAGE.>>GOOD AFTERNOON, COUNCILMEMBERS AND THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK TO YOU TODAY. MY NAME IS NAG MAGIE LOCKERAGE. I LIVE FIVE HOUSE HE DOWN FROM THE PROPOSED IN-N-OUT. FIRST I’D LIKE TO RENCH A COMMENT THAT WAS MADE AT THE PLANNING COMMISSION MEETING. IT LEFT ME VERY UPSET. SOMEBODY WHO SPOKE POSITIVELY FOR IN-N-OUT REFERENCED THOSE OF US WHO ARE AGAINST IT AS FEAR MONGERS. WE ARE NOT FEAR MONGERS WE ARE RESIDENTS, AND WE ARE REALISTS. THAT IS WHY WE MAKE ALL THESE PROPOSALS TO YOU. UPON GOING TO THE RANCHO MIRAGE CITY COUNCIL WEBSITE, I AM MET BY THE WORDS, “THE CITY COUNCIL IS MANDATED TO PROVIDE AN ENVIRONMENT THAT STIMULATES PARTICIPATION IN THE GOVERNING PROCESSES AND TO CONDUCT THE AFFAIRS OF THE CITY OPENLY AND RESPONSIBLY.” THIS WAS NOT DONE WITH THE PLANNING OF THE IN-N-OUT BURGER. IT WAS PLANNED DURING SUMMER MONTHS WHEN RESIDENCY IS AT ITS LOWEST, BEHIND DOORS, AND NO NOTIFICATION SENT UNTIL LAW DICTATED. DOING A TRAFFIC STUDY IN AUGMENTATION IN THE DESERT IS EXAIRP COMPARABLE TO CONDUCTING BEACH GOERS IN NEW JERSEY IN DECEMBER. [APPLAUSE]>>IT’S A RIDICULOUS ASSEMBLAGE OF FACT. I’M WONDERING WHY IN-N-OUT BURGER HAS ALREADY CONTRACTED ELECTRICAL COMPANY WHO WAS SEEN WORKING ON THE SITE, THEY STATED THEY HAD BEEN HIRED BY IN-N-OUT, WHY HAS THE CITY ALREADY PAINTED ARROWS ON THE ROAD INDICATING THE INGRESS AND EGRESS ALONG THE SIGN, ON INTO THE MALL WITH THE SIGN THAT STIPULATES WHICH WAY TO HIGHWAY 111 ABOUT NEITHER HAVE BEEN DONE BEFORE IN THE 18 YEARS I HAVE LIVED IN THIS AREA. ARE WE TO CONSIDER THIS A DONE-DEEM? I AM ALSO WONDERING CREDIT I’M PUT IN A POSITION TO HAVE TO SPEND THOUSANDS IN ATTORNEY’S FEES TO PROTECT MY RIGHTS TO QUIET ENJOYMENT IN MY OWN HOME. LOCATED IN A TOWN I CHOSE TO RETIRE IN, DUE TO ITS REPUTATION OF PEACEFUL EXISTENCE, PRIDE IN OWNERSHIP AND MINIMAL COMMERCIALISM. MAYOR SMOTRICH, YOUR CV CURRENTLY ON THE RANCHO MIRAGE CITY COUNCIL WEBSITE, BEGINS “MAYOR SMOTRICH HAS INDICATEHER TENURE TO IMPROVING THE QUALITIES OF OUR RESIDENTS’ LIVES. MY QUESTION TO YOU IS, DO YOU TRULY FEEL THAT AN IN-N-OUT BURGER IMPROVES OUR QUALITY? I RESPECTFULLY ASK THIS COUNCIL TO REJECT IN-N-OUT AS A TENANT IN THIS LOCATION. IT’S HARD FOR ME TO BELIEVE THAT THE TENANTS OF THIS MALL LOOK FORWARD TO THEIR LACK OF PARKING SPACES, LINES OF CARS IMPEDING ENTRY, ADDITIONAL LITTER, CAN’T SMELLS ASSOCIATED WITH IN-N-OUT? FAST FOOD CUSTOMERS DON’T STOP TO BUY DRESSES OR CHECK OUT A WIG STORE. THEY WANT IN AND OUT. IN-N-OUT IS OPEN UNTIL 1:30 A.M., BECAUSE THREE HAVE BUSINESS UNTIL THAT TIME IN DIRECTION OPPOSITION TO EVERY BUSINESS AROUND, IT JUST DOESN’T FIT. RANCHO MIRAGE RESIDENTS AREN’T FOR THE MOST PART LOOKING FOR A HAMBURGER AT 1:00 IN THE MORNING. SO YOU SURMISE WHO THEIR CUSTOMERS WILL BE. WOULD IT NOT BE TO YOUR ADVANTAGE DURING YOUR NEXT CAMPAIGN TO BE ABLE TO SAY THAT YOU LISTENED TO THE PEOPLE IN MAKING THIS EXTREMELY IMPORTANT DECISION? [APPLAUSE]>>IF THE CURRENT LAWS IN RANCHO MIRAGE OF NO FAST FOOD OR DRIVE THROUGH RESTAURANTS ARE TO BE CIRCUMSTANCCIRCUMVENTOR CHANGEDN YOURIT WILL BEYOUR VOTE NOT THE. I RESPECTFULLY ASK THAT YOU VOTE NO ON THE IN-N-OUT IN THIS LOCATION. I WOULD LIKE TO ANSWER TO MR. ECKENROTH, IN REGARDS TO THE SIGNS ON HIGHWAY 111. AS YOU EXIT THE MALL ON MAGNESIA FALLS, YOU HAVE TO MAKE A RIGHT. THOSE OF US THE 200 PLUS HOMES THAT LIVE BEHIND MAGNESIA FALLS IN BEHIND ARE FORCED TO TAKE A RIGHT, WE HAVE PROBABLY THREE CHOICES. WE CAN TAKE A RIGHT, GO DOWN TO BOB HOPE AND MAKE A U-TURN AND COME BACK AND MAKE A LEFT ON MAGNESIA FALLS OR WE CAN GO STRAIGHT ACROSS THE FREEWAY MAKE A U-TURN COME BACK CROSS THE FREEWAY AND ENTER MAGNESIA FALLS AGAIN. BUT NOW YOU’RE GOING TO MAKE US EITHER CROSS THE FREEWAY OR ELSE MAKE A LEFT, GO ALL THE WAY DOWN TO PARK VIEW, UP PARK VIEW UP JOSHUA UP MASSING NICHE YA IN MAGNESIA IN ORDER TOGET HOME. IT DOESN’T MAKE SENSE. IT WILL REALLY MESS UP OUR WAY OF THE TRAFFIC IN THAT AREA. THANK YOU SO MUCH. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS DR. RICK LOFTIS. RICK LOFTIS. OKAY I’LL PUT HIM AT THE BOTTOM. ROD de LOCERO.>>MY NAME IS ROD, I OWN A HOUSE ON MAGNESIA FALLS. MAGNESIA FALLS IS A CLEAN QUIETLY STREET. NOW YOU’RE GOING TO ALLOW 1400 ADDITIONAL CARS ON OUR CLEAN QUIET STREET, THINK ABOUT THAT, OUR QUIET STREET THAT ALREADY GETS TOO MUCH CUT THROUGH TRAFFIC AS YOU’VE EXPHOAZED. THAEXPOAZEXPOSED.THAT ZONING ISE BOUGHT HERE IN THE FIRST PLACE TO PREVENT EXACTLY WHAT YOU ARE CONSIDERING. THIS PROPOSAL FOR FAST FOOD IS NO DIFFERENT THAN McDONALD’S OR BURGER KING. OPEN UNTIL 1:30 A.M. WITH A SUPER, SUPERBUSY DRIVE THROUGH. PUT IN A HIGH END NEIGHBORHOOD. THIS IS JUST SO WRONG. YOU DON’T HAVE THE INFRASTRUCTURE TO SUPPORT IT. AND SEVERAL CODES ACTUALLY AGAINST IT. SO MUCH OF YOUR DATA WAS SKEWED OR FLAT-OUT WRONG. YOU ARE RELYING ON INFORMATION SUPPLIED BY IN-N-OUT, REALLY, ARE YOU GUYS SERIOUS? THIS SEEMS REALLY CORRUPT. REALLY CORRUPT. AT THE VERY LEAST, AND TO USE YOUR WORDS, MAYOR, IT’S DISTASTEFUL, REALLY DISTASTEFUL. WHY DID THIS HAPPEN SO FAST AND ALL IN THE OFF SEASON, NO PROPER DUE DILIGENCE DONE BY OUR CITY, WHY NOT? IT’S ALL INCREDIBLY SUSPECT AND AT THE VERY LEAST IRRESPONSIBLE AND SHORT SIGHTED. I AM CONCERNED IT WAS ALLOWED TO GET THIS FAR. ALL THIS SO A MULTIBILLION DOLLAR COMPANY AND A SELECT FEW CAN GET RICHER. IT’S A FACT ALMOST ALL PROFITS FROM FAST FOOD RESTAURANTS ARE RETURNED TO THEIR CORPORATE HEADQUARTERS. THOSE PROFITS DON’T STAY IN RANCHO MIRAGE, IT’S A FACT. PLEASE LOOK IT UP. I DROVE OF DROVE FROM L AFORT FOR THIS SO I’M NOT HAPPY TO BE HERE. I THINK IT’S NUTS. WE’RE RELEGATED TO BE HERE TO FIGHT FOR OUR NEIGHBORHOOD. I THOUGHT YOU GUYS WOULD DO THAT! HOPEFULLY, YOU STILL WILL. AS LAME AS THIS IS, IT’S REALLY LAME. I FELT I HAD TO COME BECAUSE THIS IS PERSONAL. YOU ARE THINKING OF PUTTING FAST FOOD ON OUR QUIET STREET AND NOT ON YOURS. IF THIS GOES IN AGAINST CURRENT CODES AND AGAINST ZONING SOME OF MIGHT BE OUT OF A JOB NEXT ELECTION. FOR SURE THERE WILL BE A LAWSUIT. MAYBE SEVERAL. IS THAT WHAT THE CITY WANTS? IS THAT WHAT THE CITY NEEDS? IF, AND IT’S A BIG IF, BIG HUGE IF YOU LET FAST FOOD IN THAT CENTER, YOU MUST START DOING YOUR HOMEWORK. DON’T RUSH AND FOR SURE CLOSE ACCESS TO OUR STREET COMPLETELY. THAT IS A PARAMOUNT FIRST STEP. YOU MUST MAKE MAGNESIA FALLS A CUL-DE-SAC, PERIOD. LANDSCAPING, TALL TALL WALLS AND A HUGE HIGH PRESSURE FOUNTAIN. THEY CAN AFFORD IT. I’M ONE OF THE MANY THAT LIVE IN THAT ENCLAVE AND IT IS PROBABLY THE LAST NONGATED SAFE NEIGHBORHOOD LEFT IN RANCHO MIRAGE. WE’RE ASKING THAT YOU KEEP THAT IT WAY, THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS KATY STICE.>>HELLO, MADAM MAYOR, CITY COUNCIL, CITY STAFF, GUESTS HERE TODAY AND THOSE WATCHING ON RM TV. MY NAME IS KATY STICE, EXECUTIVE DIRECTOR OF THE RANCHO MIRAGE COMMERCE LOCATED AT 71905 HIGHWAY 111 SUITE H. I REPRESENT 350 BUSINESSES COLLECTIVELY, THE JOB CREATORS EVER MORE THAN 10,000 EMPLOYEES AND I’M THE APPOINTED REPRESENTATIVE FOR OUR COALITION OF BUSINESSES. KNOWING YOU HAVE A LOT MORE COMMENTS TO GET THROUGH TODAY, WE’LL GET TO THE POINT . THE RANCHO MIRAGE CHAMBER OF COMMERCE SUPPORTS IN-N-OUT PROJECT FOR THE RANCHO LAS PALMAS SHOPPING CENTER. AS THE ADVOCATES OOF THE BUSINESS COMMUNITY WE CAN TELL YOU WITH CONFIDENCE THAT OUR CITY AND IN-N-OUT HAS DONE THEIR DUE DILIGENCE WHEN IT COMES TO BUSINESS PLANNING, ODOR CONTROL, THE DRIVE-THROUGH, AND THE TRAFFIC STUDIES. ODOR ISSUES HAVE BEEN ADDRESS WEDNESDAY AIR SCRUBBERS WHICH PURIFY THE AIR EVEN BEFORE IT LEAVES THE BUILDING. CASE IN POINT IS DICK YEAHS AND THE TRAFFIC STUDY HAS SHOWN NO IMPACT OPEN THE FOUR SURROUNDING INTERSECTIONS . IN-N-OUT IS FAMILY OWNED WITH NO PLANS TO FRANCHISE WHICH MEANS CONTROL AND QUALITY ASSURANCE. THEY ARE KNOWN FOR CONSISTENT SERVICE, GOOD COMMUNICATION, CLEANLINESS AROU AND QUALITY. THEY ARE WELL-KNOWN OUTSTANDING CORPORATE CITIZENS, DONATING TO THEIR RESPECTIVE COMMUNITIES. HELPING YOUTH ORGANIZATIONS FUND-RAISE AND SPONSORING COMMUNITY EVENTS. IN-N-OUT ALSO HAS TWO MAJOR ORGANIZATIONS WHICH THEY RUN, ONE FOR HUMAN TRAFFIC BEING AND SUBSTANCE ABUSE, AND THE OTHER FOR NEGLECTED AND ABUSED CHILDREN. POLICE OFFICERS RECEIVE A 50% DISCOUNT ON THEIR MEALS. AND SO THERE’S A PRESENCE OF OFFICERS FREQUENTLY. THOSE WORKING IN OUR HOSPITALITY INDUSTRY WILL ALSO EAT HERE AFTER WORK. THERE ARE OTHER OPTIONS TO EAT LATE, DRINK AND YARD HOUSE. NEXT AS AN EMPLOYER, IN-N-OUT WILL BRING 50 NEW JOBS TO THE AREA, PLUS WORK WITH LOCAL VENDORS, INCREASING THEIR PRODUCTIVITY. THEY PAY A HIGHER WAGE THAN ANY OTHER FAST FOOD CHAIN, AND THEIR MANAGERS CAN EARN UP TO $160,000 ANNUALLY. FINALLY, WHEN THE STUDENTS FROM RANCHO MIRAGE HIGH SCHOOL CULINARY PROGRAM COME AND WORK AT IN-N-OUT THEY CAN SAVE UP FOR COLLEGE. MANY COD STUDENTS MAY WORK HERE TO SAVE UP FOR THEIR EDUCATION. THE CHAMBER SEES OPPORTUNITY IN THIS IN-N-OUT PROJECT AND URGE YOUR SUPPORT. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IRWIN BUSEY.>>GOOD AFTERNOON, HONORABLE MAYOR AND COUNCILMEMBERS. IR WII BUSEY 133 PEN STREET, EL SEGUNDO, CALIFORNIA. I’M THE PROUD OWNER AND OPERATOR OF THE IN-N-OUT BURGER. THERE IS ONE THING THAT I SPEAK, EXEMPLIFIES IT, QUALITY, QUALITY OF THE LARND SCAPING, QUALITY OF THE ARCHITECTURE, QUALITY OF THE LAYOUT, QUALITY OF THE TENANTS, SUCH AS BRANDINI OFF THEY AND OFNNI TOFFY, I AM APROUD SUPPOR, BEST BRANDS IN AMERICA, FAMILY OWNED. WE HAVE SPENT NUMEROUS HOURS MAKING SURE THAT WE DESIGN A PROJECT THAT IS APPROPRIATE FOR THIS PARTICULAR SITE. AS MENTIONED, THIS IS AN EXISTING SHOPPING CENTER. THIS IS AN OUT PARCEL TO AN EXISTING SHOPPING CENTER. AND THE EXISTING SITE IS 3800 FEET PROPOSED, WHEREAS WHEN WE ORIGINALLY ENTITLED THE PROPERTY IT WAS FOR AN 8200 SQUARE FOOT BUILDING. IN-N-OUT IS BEST IN CLASS AND I’M PROUD TO BE HERE AND I HOPE FOR YOUR SUPPORT, THANK YOU. .>>The Clerk: THE NEXT SPEAKER IS BRANDON WIMER.>>MAYOR SMOTRICH, COUNCIL, THANK YOU FOR HAVING ME HERE, I’M BRANDON WIMER CO-FOUNDER OF BRANDINI TOFFY, YOU MIGHT SEE US IN THE BACK GROUND OF THE CENTER, HIDDEN. I THINK IT’S POWER TO THE IN-N-OUT BRAND, IT IS AA BLAND I.>>A ADMIRE, A BUSINESS I ADMIRE BUT I TAKE A STANDPOINT OF A TENANT IN THE SHOPPING CENTER. IF THIS WASN’T ON A 1 P.M. ON A THURSDAY WHERE WE WORK, I WANT TO LOOK BACK HERE FIVE YEARS AGO, IRWIN, TALKS ABOUT THE SPOT IN THE SHOPPING CENTER. VON’S MOVED OUT, THE SHOPPING CENTER WENT BANKRUPT. THIS WAS A VERY DARK PLACE TO BE AS A RETAIL TENANT. WE HAD CVS, THAI SMILE, WITH THIS WAS MUCH WORSE OF A PLACE THAN IT IS RIGHT NOW. IRWIN, PARAGONL, EVERYONE ELSE DID A GREAT JOB TO BRINGING THIS BACK TO LIFE. YOU PUT 12 MILLION PLUS INTO THE SHOPPING CENTER, WE HAVE A DECENT BASE OF TENANTS. WE HAVE ALREADY SEEN TENANT TURNOVER, GREEN’S MARKET, ONE ON THE CORNER I CAN’T REMEMBER THE NAME, AND SEVERAL OTHERS WHO ARE I’M SURE BLEEDING OUT RIGHT NOW. I LOOK AT THE FIRST PRIORITY IN THIS PROJECT. WHAT IS GOING TO GET BOB HOPE AND 111 AS VITAL AS IT USED TO BE. LOOK AT THE RIVER THEY ARE HEMORRHAGING AS WELL AND OUR SHOPPING CENTER HOPEFULLY HAS NOT PEAKED. IF YOU BRING SOMETHING LIKE IN-N-OUT BURGER, THEY ARE THE 800 POUND GORILLA THAT WILL BE THE MAGNET FOR OTHER BUSINESS. I DON’T THINK WE SHOULD WORRY ABOUT OTHER CITIES COMING TO OUR SHOPPING CENTER TO SPEND MONEY. WE SHOULDN’T HAVE THE MENTALITY OF IT’S A FAST FOOD RESTAURANT. WE HAVE DISCUSSED THAT ENOUGH. I HAVE MULTI MUTUAL MUTUAL INCEE ONCE THAT WHILE HAVE A TRANSIENT SHOOTING UP BEHIND MY BUILDING. I CAN ASSURE YOU THE MORE ACTIVITY GOING ON IN THIS CENTER, THE BETTER. IT IS COUNTERINTUITIVE BUT THE ACTIVITY WE HAVE SEEN AS TRAFFIC IS HAPPENING, THE LEGS OF A SECURITY ISSUE WE SEEM TO HAVE. AND I LOOK AT IN-N-OUT BURGER AGAIN AS BEING THE BERRY HEEM OT WILL HELP PROTECT IT. I THINK THERE ARE ISSUES WITH TRAFFIC ON MAG YEAR MAGNESIA FAD SO ON, I DON’T THINK WE SHOULD BE FEARFUL OF TOO MUCH BUSINESS GOING ON IN OUR SHOPPING CENTER. FEARFUL OF TOO MUCH BUS, I THINK THAT’S JUST COMPLETELY COUNTERINTUITIVE TO WHAT THE SHOPPING CENTER SHOULD BE ABOUT. IT SHOULD BE THE LIFE BLOOD OF BUSINESS IN RANCHO MIRAGE. I THINK IT’S AN ECHO CHAMBER OF FEAR BASED CONCERNS. I THINK THERE WOULD BE A LOT MORE HERE IN SUPPORT SUPPORT OF IT. I THINK YOU HAD PLENTY OF K PRIOR TO TODAY, I KNOW WE ALL HAVE. THIS IS THE FIRST TIME I MET ANYONE AGAINST IT. LOOK AT I.T. AS A YELP REVIEW. IT’S EASY TO LEAVE A NEGATIVE YELP REVIEW. WE HAVE A GREAT OPERATOR FOR THE SHOPPING CENTER BUT AGAIN I’D BE FEARFUL IF THIS IS A PEAK EVENT. INSURANCE POLICY FOR A TIMELESS LANDMARK IN-N-OUT BURGER DOESN’T GO OUT OF BUSINESS AND THIS SHOPPING CENTER SHOULDN’T GO EITHER. THAT’S ALL I HAVE, THANKS FOR LAUGHING.>>The Clerk: NEXT SPEAKER IS ELVIRA de LEON.>>GOOD AFTERNOON. MAYOR, COUNCIL. AND STAFF. THANKS FOR ALLOWING A LOCAL RESIDENT TO SPEAK SPEAK HER THOS AND CONCERNS. MY NAME IS ELVIRA de LEON. I’VE BEEN A RESIDENT OF RANCHO MIRAGE FOR 32 YEARS. I SAW THE CITY OF RANCHO MIRAGE GROW WITHOUT CURBS AND WITH WIRES ON THE POLES, THANKS TO DONNA HUBBARD THAT FOLLOWED ON THE PROJECT AND PUT THAT UNDERGROUND. MY MAIN CONCERN IS TRAFFICING, BEEN A HEALTH PROVIDER AND A NURSE. I’M KIND OF AFRAID THAT THE EMERGENCY VEHICLES WON’T HAVE THAT EASY ACCESS TO THE HOSPITAL, BEING BOB HOPE, THE MAIN ARTERY TO THE HOSPITAL FOR EMERGENCIES. AND THE OTHER PROBLEM WOULD BE POLICE PROBLEMS. IT WOULD CREATE MORE POLICE PROBLEMS. ESPECIALLY DURING THE COI COACHA AND TENNIS TOURNAMENT. I WISH TI’M NOT OPPOSED TO THE . I WISH THEY WOULD FIND A MORE SUITABLE PLACE TO BE SITUATED. AND I THINK RANCHO MIRAGE IS A QUIET COMMUNITY AND THE IN-N-OUT WILL CREATE A LOT OF NOISE, ODOR AND ALL THE OTHER THINGS THAT HAVE BEEN ADDRESSED EARLIER. AND I PLEASE OVERVIEW OUR THOUGHTS AND CONCERN AS RESIDENTS OF RANCHO MIRAGE. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS JOEL HIRSHBERG.>>THANK YOU, MY NAME IS DR. JOEL HIRSHBERG. 72166 I MAGNESIA FALLS DRIVE. ALL OF THEM CARE ABOUT THEIR CONSTITUENCY AND ALL OF THEM HAVE THE SAME KINDS OF DECISIONS AWE NOW FACE. YOU NEED TO BE BUSINESS FRIENDLY BUT YOU NEED TO BE CONSTITUENT FRIENDLY ALSO. AND IT’S A BALANCE. THIS ONE IS OUT OF BALANCE . FIRST OF ALL I THINK YOU HAVE THREE DIFFERENT CONSIDERATIONS AND DANA, I’M SORRY THAT MR. HOBART RECUSED HIMSELF BECAUSE WE GAVE HIM A LOT OF INFORMATION. WE WERE HOPING THAT HE WOULD BE ABLE TO PASS THAT ALONG IN DISCUSSION. FIRST OF ALL THERE’S THE TECHNICAL AND I’M NOT QUALIFIED TO LOOK AT THE TECHNICAL ASPECTS. BUT OTHER PEOPLE HAVE AND THE LEGAL ASPECTS WILL BE ADDRESSED. BUT THERE’S A LOT OF QUESTION ON THE TECHNICAL ASPECTS. THEN THERE’S THE LEGAL. THE LEGAL ASPECTS HAVE SOME QUESTION AS WELL. SO IT GIVES YOU PAUSE, BUT I’M HERE TO TALK ABOUT THE THIRD AND PERHAPS THE MOST IMPORTANT, THE INTUITIVE. THAT WHICH YOU HAVE IN YOUR HEART. YOU NEED TO MAKE A DECISION BETWEEN YOUR BRAIN AND YOUR HEART. YOUR BRAIN SAYS LET’S BE VERY NICE TO THIS TIMELESS LANDMARK. LET’S MAKE SURE THAT THEY GET BUSINESS TO RANCHO MIRAGE, BUT YOUR HEART SAYS THIS IS THE WRONG PLACE. THIS IS NOT THE RIGHT SITE. IT’S A GOOD — NOBODY IS HAVING A PROBLEM, ACTUALLY IT’S IN-N-OUT’S OWN PROBLEM. THEY’RE SO SUCCESSFUL, THAT THEY’RE A MAGNET FOR OUR NEIGHBORHOODS. THEY NEED TO GO TO A PLACE WHERE THEIR SUCCESS IS MAXIMIZED, WHERE THEIR SUCCESS IS ENCOURAGED, AND WHERE IT IS NOW IS NOT WHERE IT’S ENCOURAGED AND MAXIMIZED. IT IS A DISRUPTION. AND THIS IS WHAT YOU ARE SUPPOSED TO DO. YOU ARE SUPPOSED TO LISTEN TO YOUR HEART. AND YOU’RE SUPPOSED TO LISTEN TO YOUR SPIRIT AND THE REASON THAT YOU BECAME CITY COUNCIL PEOPLE IN THE FIRST PLACE. YOU CAME AS SERVANTS OF THE PUBLIC. AND THIS IS THE PUBLIC. THE PUBLIC IS TALKING TO YOU. PLEASE LISTEN. LISTEN TO ALL OF US. I LIVE A THOUSAND FEET AWAY FROM THIS. THIS PROBLEM THAT YOU SAW AT THE PLANNING COMMISSION, WITH ALL THE EMOTIONS, OCCURRED BECAUSE WE HAD SUCH A SHORT PERIOD OF TIME TO EVEN KNOW THIS EXISTED. BECAUSE OF THE LABOR DAY HOLIDAY, WE HAD NINE DAYS BEFORE THE PLANNING COMMISSION TO LET OUR NEIGHBORS KNOW. EMOTION HE WERE VERY, VERY HIGH. WE’VE HAD A LITTLE MORE TIME NOW. YOU NEED A LOT MORE TIME. YOU NEED TO LOOK UNDER THE ENGINE, UNDER THE HOOD, LEEK LOOLOOK ATTHE ENGINE AND REALLYS APART. THIS IS ONE OF THE BIG DECISIONS THAT RANCHO MIRAGE IS MAKING. THIS IS NOT A LITTLE DECISION. PLEASE BE VERY CONSCIOUS OF THE FACT THAT YOUR CONSTITUENTS ARE IS ITING UP HERE AND BEGGING YOU PLEASE TO LISTENING TO YOUR INTUITIVE CONCERNS THAT THIS IS THE WRONG SITE, PERHAPS THE RIGHT BUSINESS AND MAYBE VERY GOOD FOR RANCHO MIRAGE BUT IF IT WAS REALLY WHAT BRANDINI SAID, IT WAS NOT BOB HOPE AND HIGHWAY 111, IT IS BOB HOPE AND MAGNESIA FALLING. IT IS NOT SURROUND HE BY COMMERCIAL ENTERPRISE. THAT IS THE PROBLEM. IT IS NOT PROTECTED ON ONE SIDE BY COMMERCIAL ENTERPRISES, THEREFORE THE WRONG SITE OR THE THIS. WE ALL WANT THAT AT RANCHO LAS PALMAS SHOPPING CENTER TO THRIVE, WE WANT TO BE SUPPORTERS, GOOD NEIGHBORS BUT WE DON’T WANT THINGS THAT DON’T EXIST WITH US TO COME INTO OUR NEIGHBORHOODS AND CHANGE OUR NEIGHBORHOODS. THANK YOU. LAW[APPLAUSE]>>Mayor Smotrich: THANK YOU SO MUCH. THIS TIME IT’S 3:15. WE’RE GOING TO TAKE A BREAK. [ RECESS ]>>Mayor Smotrich: YES, WILL YOU ALL PLEASE TAKE YOUR SEATS. WOULD YOU ALL PLEASE TAKE YOUR SEATS. I’M ASKING AGAIN WILL ALL PLEASE TAKE THEIR SEATS THAT ARE STAYING, IF YOU ARE NOT STAYING PLEASE ADJOURN OUT INTO THE HALLWAY. THANK YOU. OKAY, WE’LL ALL CONTINUE WITH THE PUBLIC HEARING. CROINT WOULD YOU PLEAKRISTIE WOL THE NEXT SPEAKER.>>The Clerk: YES PAM, THE NEXT SPEAKER IS BOSNINO CHAIN. I DON’T KNOW IF I’M SAYING THAT RIGHT. BOSTINO MAYBE. I’LL GO TO THE NEXT ONE, MARNIE BALOG.>>GOOD AFTERNOON, HONORABLE MAYOR COUNCILMEMBERS, THANK YOU FOR ALLOWING ME OSPEAK. MY NAME IS MARNIE BALOG, I LIVE IN THE ADJOINING CITY, I LEERND WHOLE LOT OF THINGS TODAY AND SOME THINGS THAT I DIDN’T LIKE LEARNING. INTERESTING ENOUGH DRIVING UP I’LL START WITH TODAY THAT I NOTICED THAT THERE WAS A BIG SIGN AS I WAS PULLING IN TO PARK THAT SAID ABSOLUTELY DO NOT GO THROUGH THIS WAY, PUNISHABLE BY LAW TO GO TURN ON TO HIGHWAY 111 THROUGH YOUR PARKING LOT. INTERESTING AND I CAN’T HELP BUT WONDER WHY AND I THINK IT HAS TO DO WITH TRAFFIC. IT WOULD BE DISRUPTIVE TO YOUR COUNCIL AND TO THE PARTIES THAT WORK HERE HAVING PEOPLE DRIVE THROUGH. I THINK THAT’S WHAT YOU’RE RUNG RUNNING INTO WITH THE RESIDENTS. THAT’S MAINLY WHY I’M HERE SPEAKING FOR THE RESIDENTS THAT LIVE ALONG MAGNESIA FALLS AND JOSHUA. I WAS INTERESTED TO HEAR YOU ARE CONSIDERING DOING GATES OFF TO BLOCK OFF THAT AREA. THAT’S A TIGHT CORNER AS IT IS RIGHT NOW AND I DON’T KNOW HOW MANY OF YOU HAVE SPENT TIME THERE AND WATCHING THE TRAFFIC FLOW. YOU HAVE ALREADY HAD ISSUES FROM THE RESIDENTS. YOU’VE HAD TO PUT THE BIG SPEED BUMPS THROUGH THERE, IT’S NOT ENOUGH AND NOW YOU’RE ASKED TO BUT ALL THIS EXTRA TRAFFIC THROUGH. THERE WERE NUMBERS THROWN AROUND TODAY BUT MY BIGGEST CONCERN IS THAT THEY ARE NUMBERS PROVIDED BY IN-N-OUT AND BACK FROM 2014. WE HAVE HAD A LOT OF INCREASE AND TRAFFIC CHANGE BUT NO IT’S NOT CORRECT TO BE DOING FIGURES IN AUGUST. TRY JANUARY, FEBRUARY AND ANOTHER TIME. HOW MANY HAVE YOU GONE TO IN-N-OUTS, HOW MANY TIMES HAVE YOU SPENT IN AN IN-N-OUT, MORE SO THAN THE TWO IN OUR VALLEY BUT MORE SO IN RESIDENTIAL NEIGHBORHOODS. FUNNY ENOUGH I WAS IN LOS ANGELES LAST WEEK, I AM A DIRECTOR FOR THE STATE OF CALIFORNIA, THE REAL ESTATE ASSOCIATION, I’M THE REGIONAL REP FOR LAND USE AND ENVIRONMENTAL AND WE’RE ALWAYS LOOKING FOR THE HIGHEST AND BEST USE FOR LAND. I LOVE IN-N-OUT, I LOVE BURGERS FRIES AND SHAKES AND IT SHOWS. BUT I DON’T THINK YOU NEED TO HAVE A DRIVE THROUGH THAT YOU CAN SIT AND YOU ENJOY THESE ITEMS. SO I HAPPEN TO TAKE A DRIVE BY, 9858 BALBOA BOULEVARD IN NORTHRIDGE ON MY WAY HOME TO CHECK IT OUT, I WAS ASKED HOW IN-N-OUTS WERE AFFECTING TRAFFIC IN THAT AREA. THERE WAS LINEUPS FOR BLOCKS. I WAS TOLD YOU WERE GOING TO RELEGATE IT TO 28 CARS. I’VE BEEN ON THIS EARTH FOR A WHILE AND I HAVEN’T SEEN ANYBODY DIRECT TRAFFIC AT A DRIVE THROUGH, MAYBE THIS WILL BE THE FIRST ONE. THERE WAS GARBAGE STREWN ON ALL THE STREETS. I FIND THIS FASCINATING, FOR A COUNCIL WHO WOULD NOT AGREE TO HOOK ONE CVAG, AND HAVE THE LINK GOING THROUGH RANCHO MIRAGE, FOR THE FACT THAT YOU WOULDN’T WANT HOMELESS, GARBAGE, POLLUTION, PEOPLE YOU DIDN’T KNOW, AND YET WE ARE PUTTING IT IN THE MIDDLE OF PLAYGROUND FOR PRESIDENTS, FOR EVERYONE TO SEE. AGAIN NOT OPPOSED TO AN NAWLT. I WOULD LOVE TO NOT HAVE TO DRIVE TO THOUSAND PALMS FOR IT BUT I JUST DO NOT THINK THAT A DRIVE THROUGH IS APPROPRIATE. I ALSO WANT TO TALK ABOUT THAT YOUR JOB IS ALSO TO LOOK AT THESE PEOPLE’S HOME VALUES. I DON’T THINK THERE’S ONE OF OF YOU IN THIS ROOM MYSELF INCLUDED THAT WOULD SIGN UP TO SAY THAT I WOULD WANT THE TRAFFIC COMING OUT ON MAGNESIA FALLS. ANOTHER FLAW ON YOUR REPORT YOU SAW THAT TRAFFIC WAS BEING CHANGED. YOU FOCUSED COMPLETELY ON BOB HOPE AND THOSE TURNS BUT THERE WASN’T ANY SLIDES THAT WOULD SHOW WHAT WAS GOING ON AT MAGNESIA. AT BEST WOULD I ASK YOU TO VOTE NO TODAY IF YOU INSIST ON A VOTE. IF NOT, YOU NEED TO GIVE SOME TIME. ONE OF THE DISTURBING THINGS I HEARD WAS THERE WAS NOT DUE PROCESS. THERE WAS EXTREMELY LOW NUMBERS CF I’M VERY LATE TO THE GAME, I ONLY BLENDER IT LAST WEEK BUT IT WAS IMPORTANT ENOUGH FOR ME TO COME AND SPEAK TODAY. IT’S A SLIPPERY SLOPE TO EVERYBODY IN THE ROOM AND MAYBE IT DOESN’T AFFECT YOU BECAUSE YOUR PROPERTY DOESN’T ABUT ONTO A DRIVE THROUGH BUT IF THEY ARE GOING TO TAKE AN EXEMPTION ON THIS IT CAN TAKE AN EXEMPTION ON MANY MORE THINGS SO I AGAIN RESPECTFULLY WOULD LIKE TO ASK THAT YOU VOTE NO IN OPPOSITION TO A DRIVE THROUGH FOR THE IN-N-OUT. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER BRAD ANDERSON. BRAD NSHES. ANDERSON. OKAY. ERICA WOLF, I THINK IT IS. AARAARON WOLF. HE LEFT. TARIE MERRICK. OKAY. JAYLEN WAREJA. A.>>HI, MAY NAME IS JAYLEY W ACHOFSKI, I’VE LIVED IN RANCHO MIRAGE FOR 20 YEARS, FOUR STREETS DOWN FROM MAGNESIA FALLS. I’VE HEARD PEOPLE SPEAK OF A CERTAIN MAGIC THAT EXISTS HERE AND THAT FACT ITSELF THAT THERE IS A MAGIC HERE THE NOTABLE. THE DESERT IS TOO BIG TO HAVE A SMALL TOWN CHARM BUT THE STIRRING THRILLS OF A BIG CITY SO THE DESERT LIVES IN A SORT OF IN BETWEEN. WHEN THINKING OF OTHER SOUTHERN CALIFORNIA PLACES THAT ARE NOT SMALL TOWN OR BIG CITY I THINK OF ALL THOSE PLACES BETWEEN HERE AND LOS ANGELES, REDLANDS RANCHO CUCAMONGA, ET CETERA. THOSE PLACES THAT HAVE LITTLE TO OFFER BUT FAST FOOD. YES FOR SO LONG THE DESERT HAS ASSERTED ITSELF AS SOMETHING VERY DIFFERENT. THERE IS AN ESSENCE HERE WHICH IS SACRED. THERE IS AN ESSENCE HERE WHICH I LOVE LIKE ONE LOVES A FAMILY MEMBER. THE MAGIC HERE IS NOT JUST IN THE MOUNTAINS AND THE SKY. YOU CAN FEEL IT IN BUSINESSES LIKE NATURE’S CAFE, MOLLER’S GARDENING CENTER AND SUB KING. THEY ALL SEEM TO HAVE THE MAGIC THINGS. I’M BROUGHT TO AN ALMOST MOURNING STATE AS IF SEEING A LOVED ONE HARMED. WE SEEM TO BE MOVING ONE STEP CLOSER WITH EVERY CHAIN RESTAURANT TO BEING JUST ANOTHER ONE OF THOSE ON THE WAY TO L.A. PLACES. AND I CAN’T HELP RELATING THIS CURRENT SITUATION TO SOMETHING LIKE SEEING A LOVED ONE BEING FORCED TO GET COSMETIC PLASTIC SURGERY. FORCED TO REPLACE A PART OF THEMSELVES WITH A PART FOREIGN. ONE STEP FURTHER FROM THEIR ESSENCE FROM WHAT MAKES THEM BEAUTIFUL AND UNIQUE. IT DOESN’T SEEM TO BE A COINCIDENCE THAT IN BIG CITIES YOU CAN’T SEE THE STARS AND WHILE THE SITUATION HERE MAY NOT BE AS EXTREME AS BUILDING A SKYSCRAPER THE EFFECT IS THE SAME. THE EFFECT BEING SUPPRESSION OF CHARACTER, SUPPRESSION OF BEAUTY, AND SO BEING AGAINST THE IN-N-OUT BEING BUILT IS NOT A MATTER OF REJECTING CHANGE. IT’S A MATTER OF DEFENDING THE DESERT SPIRIT. I ADMIT THAT YOU COULD CALL ALL OF THIS JUST A MATTER OF TASTE AND WITH THAT ONE MAY TURN TO THOSE MORE CONCRETE ARGUMENTS AGAINST THIS IN-N-OUT BEING BUILT LIKE THE INCREASE IN TRAFFIC, POLLUTION AND CRIME BUT I BELIEVE THESE ARE ALL SECONDARY CONCERNS. THE FACT IS MOST OF US ARE LIVING HERE BECAUSE OF TASTE. AND IF WE WILL CONTINUE TO ALLOW UNINSPIRED FOREIGN ELEMENTS TO COMPROMISE THE DESERT IT WILL FOREVER LOSE ITS TRUE CHARACTER THAT UNSPEAKABLE BEAUTY THAT THING THAT MAKES IT FOR A LOT OF US OUR FAVORITE PLACE ON EARTH. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER MICHAEL HARRINGTON.>>I’M MICHAEL HARRINGTON AND I LIVE IN THE COMMERCE DRINGT ON DA VALL FRANK SINATRA AND I DO FREQUENT THIS PARTICULAR SHOPPING CENTER. AND IN THE PAST AND AS OF TODAY I STILL HAVE THE SAME CONCERNS FOR OUR NEIGHBORHOODS. THERE SEEMS TO BE SOME LOSS OF VISION, AND I KNOW YOU’LL GET IT BACK. YOU’VE BEEN LONG TIME RESIDENTS HERE AND SERVED OUR CITY FOR MANY YEARS. BUT I THINK I’M GOING TO ECHO WHAT’S BEING SAID. IT’S NOT SO MUCH ABOUT THE DATA AND STATISTICS, ALTHOUGH ALL OF THAT MATTERS. BUT I THINK WHAT EVERYONE IS SAYING AND CERTAINLY SPEAKING FOR MYSELF BUT WHAT I FEEL IS THAT THIS IS NOT CONSISTENT WITH OUR VISION AND OUR DREAM OF BEING IN THIS CITY. YOU KNOW, THIS IS A PLACE WHERE AT NIGHT I’LL TAKE A PHOTO OF THE MOON AND SEND IT TO A FRIEND AND SAY LOOK HOW NICE IT IS HERE IN THE DESERT. ENJOY THIS ATMOSPHERE. AND I LOOK AT OTHER CITIES THAT SEEM TO BE EXCELLING WHERE WE SEEM TO BE RIGHT NOW KIND OF STALLED OUT AND LEFT BEHIND. OTHER CITIES, LA QUINTA HAS A VERY UNIQUE DOWNTOWN, BUT THERE’S NOT A PROBLEM WITH TRAFFIC AND I HAVEN’T HEARD ANYONE COMPLAIN OF NOISE. THEY RENT HAVE AN AREA WHERE YOU NOW CAN WORK OUT. ENCOURAGE THE RESIDENTS TO COME AND EXERCISE. COACHELLA HAS A DOWNTOWN NOW. THEY ENCOURAGE PEOPLE GO TO THE LIBRARY, VISIT THE MURALS AND HAVE EVENTS AT THE PARK. I’M EMBARRASSED WHEN EVERYONE VISITS THIS AREA THEY WANT TO GO TO EL PASEO NOT RANCHO MIRAGE. WE CAN MAKE BETTER USE OF THE SPACE, SAY NO TO A FAST FOOD RESTAURANT AND THEN LET OTHER COMPETITION TO COME IN AND KIND OF CAPTURE THAT ESSENCE OF RANCHO MIRAGE. WHERE WE COULD YOU KNOW STROLL AND HAVE A SIT-DOWN RESTAURANT LIKE THEY DO IN ALL THE OTHER CITIES NOW. I SAY EVEN COACHELLA NOW, THEY DON’T USED TO BUT NOW EVERYONE GOES THERE. WE COULD ENJOY THE VOIRMT, BUT T BUT STILL HAVE SOME OF THAT BALANCE OF THE PEACE AND QUIET THAT OUR RESIDENTS WANT. AROUND THIS, I WOULD SAY NO TO FAST FOOD, DRIVE-THROUGH IN GENERAL BECAUSE WE’RE CHANGING THE — WE’RE MAKING AN EXEMPTION TO GET THIS THROUGH. AND THAT WAS THERE FOR A REASON. WE DON’T WANT FAST-FOOD DRIVE-THROUGH. WE WANT TO ENJOY OUR ENVIRONMENT. AND SO I’M ENCOURAGING YOU TO SAY NO AND THAT WILL MEAN OTHER BUSINESSES WILL HAVE TO STEP UP. AND THEY’LL START LOOKING FOR WHAT WE DO WANT AND WHAT DOES WORK AND THE FAST FOOD WILL HAVE TO LOOK FOR A PLACE THAT FAST FOOD FITS IN, WHICH ISN’T THERE. MAYBE SOME OTHER PLACE ON HIGHWAY 111, A DRIVE-THROUGH WOULD WORK. BUT WE CAN’T PICK WINNERS AND LOSERS, WE CAN JUST SAY NO TO THIS, AND LET THE SYSTEM WORK. BUT YOU’RE THE ONES WHO ARE SUPPOSED TO GUIDE US. AND SPEAK FOR US. AND TODAY I FEEL LIKE THE COMMUNITY IS BEING A LEADER. AND THE LEADERS ARE STEPPING BACK AND TRYING TO DECIDE WHAT TO DO. YOU’RE SUPPOSED TO BE OUR LEADERS, CITY LEADERS. AND I THINK RIGHT NOW TODAY YOU’RE NOT. SO — BUT I KNOW YOU WILL SO AGAIN MY NAME IS MICHAEL HARRINGTON. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS ERNIE VERASI.>>MY NAME IS EARN FERACHI, I LIVE AT 7246 RANCHO ROAD. FIRST I’D LIKE TO COMMEND EACH AND EVERY ONE OF YOU. IF I WERE YOU I’D PROBABLY RATHER HAVE A ROOT CANAL RIGHT NOW. BUT NONETHELESS I CAME IN WITH ALL THESE GREAT POINTS THAT EVERYONE HAS HIT. AND I THOUGHT TO MYSELF, WHAT IS THE BEST WAY TO APPROACH IT? WELL, IN THE MOVIE JERRY McGUIRE THEY USE THE WORD QUAN. I HAVE LESS OF A DOGFIGHT IN THIS BECAUSE I LIVE OFF OF JOSHUA. AND IT HAS AFFECTED ME, BECAUSE AS WE WERE DRIVING DOWN HERE I KIND OF FORCED OUR DAUGHTERS TO BE HERE. AND I MADE THE MISTAKE OF ASKING WHAT DO YOU THINK? ONE WAS FOR AND THE OTHER ONE WAS AGAINST. SO I KIND OF SHUT DOWN THE FOR ONE, BECAUSE I’M AGAINST IT. AND THE ONLY REASON AGAINST IT IS BECAUSE OF THE UNKNOWNS. WE DON’T KNOW, I HAD A GREAT PROFESSOR THAT TOLD ME AS WE’VE OFTEN HEARD, STATISTICS ARE FOR LIARS AND STATUS CONTIGUOU STAT. MY DAUGHTER HAS A LOT, YOU GUYS ARE TAKING THIS HOME WITH YOU. I’M SORRY. BUT AT THE EMED OF THIS WE DO NEED TO MAKE A DECISION. AS DR. HIRSHBERG SAID, USE YOUR INTUITIVENESS. IF YOU ARE BAMENTING BETWEEN HAD A YOU’RE THINKING AND WHAT YOU’RE FEELING IS GOING TO BE A TOUGH RIDE. FOLKS I WANT YOU TO KNOW THAT IN 2008 WHEN THE ECONOMY WAS DOWN, THAT WAS AN UNKNOWN IN 2005, I SAT BEHIND OUR FRONT DOOR AS SOMEONE WAS TRYING TO BREAK IN AT 2:00 IN THE AFTERNOON. IN 2009, MY WIFE AND I WENT TO BIG 5 AS SHE’S NINE MONTHS PREGNANT TO TRY AND PURCHASE A SHOTGUN, BECAUSE WE HAD ATTEMPTED ONCE AGAIN AS WE’RE PUTTING OUR KIDS TO BED AT 8:00. IT TOOK ABOUT FIVE YEARS FOR THAT STING TO GO AWAY. FOLKS, I URGE YOU THAT WE’RE NOT GOING TO PREVENT EVERYTHING, BUT IF THERE’S THAT ONE THAT WE CAN SAVE, THE ONE THAT WE CAN CHANGE, THAT IF THIS IS WHY WE DON’T WANT TO DO IT, PLEASE, I URGE YOU, USE THE IN — THE METHODS THAT HAVE BEEN GIVEN TO YOU FOR BETTERMENT OF THIS CITY, FOR THE BETTERMENT OF EACH COMMUNITY PERSON HERE. I THANK YOU FOR HAVING ME. THE CITY IS A GREAT CITY. BY THE WAY, OUR DAUGHTER DOES SING THE NATIONAL ANTHEM FOR YOU IF YOU EVER NEED. AND THANK YOU SO MUCH, PLEASE. MAKE THE RIGHT CHOICE. [APPLAUSE]>>The Clerk: THE NEXT SPIEKER IS MARILYN ARCALI ARCAROLI. MARILYN YOU’RE HERE.>>MY NAME IS MARILYN ARCALI ARCAROLI, I LIVE ON JUNE PER LANE IN RANCHO MIRAGE. AND I’M HERE ABSOLUTELY FOR IN-N-OUT. AND WHAT I HAVE FOUND, LISTENING HERE TODAY, IS THAT WE — THE PUBLIC IS NOT REPRESENTED. WHAT’S REPRESENTED HERE TODAY IS MAGNESIA FALLS. I DON’T BELIEVE THAT ONE COMMUNITY CAN MAKE THE DECISION FOR ALL OF RANCHO MIRAGE. THEY’VE ALL COME UP HERE. THEY’VE SPOKE THEIR PEACE AND THEY’VE ALL SAID BASICALLY THE SAME THING. WE TALK ABOUT CRIME. WE TALK ABOUT GARBAGE, WE TALK ABOUT LITTER, WE TALK ABOUT HOMELESS. AND I HAVE TO WONDER, WHY THEY WOULD THINK THAT BECAUSE AN IN-N-OUT BURGER WAS COMING TO OUR COMMUNITY, WE WOULD SUDDENLY HAVE MORE CRIME? I’VE BEEN ASSOCIATED WITH PEOPLE ACTUALLY WHO STARTED AT THE AGE OF 16 WORKING FOR IN-N-OUT. AND I MUST TELL YOU THAT IN-N-OUT GIVES YOU THE BEST TRAINING FOR YOUR CAREERS AS YOU GO ON DOWN. I CAN TELL YOU THAT IN-N-OUT HAS THE CLEANEST, THE MOST WELL-RUN RESTAURANTS, FAST FOOD IF YOU WANT TO CALL IT, THAT ARE IN THIS AREA. I CAN ALSO TELL YOU THAT WHEN I HAVE FRIENDS COME FROM DIFFERENT STATES, THE FIRST THING THEY SAY IS, “CAN WE GO TO IN-N-OUT? IDENTITY SO IN-” SO IN-N-OUT ISE TERRIBLE DEMON IT’S MADE OUT HERE. IT’S A WELL RUN BUSINESS APPROXIMATES IT IS A FAMILY BUSINESS. IT IS NOT A DIRTY PLACE. THE TRAFFIC THAT THEY SPEAK OF, IF YOU COMPARE THE THOUSAND PALMS IN-N-OUT TO THE LA QUINTA IN-N-OUT, THERE IS A HUGE DIFFERENCE. WHEN THIS STARTED, I DECIDED WOULD I GO TO LA QUINTA AND I WOULD COUNT THE CARS DURING DID LUNCH HOURS AND COUNT THE CARS DURING EVENING HOUR. THE MOST I SAW WERE NINE CARS LINED UP. NOW I’M GOING TO TELL YOU, I DIDN’T HEAR THIS KIND OF OPPOSITION TO STARBUCKS. AND THERE IS A LINEUP AT STARBUCKS. WHY IS NO ONE COMPLAINING WITH T THAT? AND WHEN YOU CONSIDER WHAT GOES ON AT 1:30 IN THE MORNING ARE YOU NOT CONCERNED ABOUT THE YARD HOUSE? OR DRINK OR ANY OF THE OTHER RESTAURANTS THAT DO SERVE A GREAT DEAL OF ALCOHOL AND THE PEOPLE PULLING OUT OF THOSE PLACES AT 1:30 IN THE MORNING? SO I WANT TO THANK YOU ALL FOR ALL THE WORK YOU’VE DONE. YOU DID A WONDERFUL JOB IN YOUR PRESENTATION ABOUT ACCOMMODATING THE TRAFFIC THROUGH MAGNESIA FALLS. BUT I WOULD LIKE TO SPEAK HERE FOR THE PEOPLE WHO COULDN’T BE HERE WHO ARE RESIDENTS OF RANCHO MIRAGE. AND THE PEOPLE WHO ARE WATCHING ON TV. THIS WAS VERY ONE-SIDED TODAY. AND SO LET’S ALL TAKE A DEEP BREATH, STEP BACK, AND LET’S NOT SIT HERE AND TRY AND BULLY THE CITY COUNCIL INTO DOING WHAT YOU WANT. THANK YOU VERY MUCH. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS STEVE LYLE.>>STEVE LYLE, MY ADDRESS IS 78,000 FRED WARING DRIVE. I’M A LEASER OF COMMERCIAL REAL ESTATE. MY COMPANY ASK COLDWELL BANKER. I’VE BEEN WORK FOR YEARS ON THE HIGHWAY 111 CORRIDOR AND OTHER CORRIDORS. I’VE WORKED ON THE FORT FORMER CHART HOUSE LAND, FORMER APPLEBEES, WE ARE TRYING TO DO THE BEST THING FOR HIGHWAY 111, RANCHO MIRAGE. MY OBSERVATIONS IS THAT STARBUCKS WAS A TEST. STARBUCKS GOT TO TAKE OVER A BANK THAT ALREADY HAD A DRIVE THROUGH SO IT WAS A MUCH QUICKER APPROVAL PROCESS AND THE TEST WAS A COMPLETE SUCCESS. I’VE TALKED TO MANY PEOPLE THAT GO TO THAT STARBUCKS. THEY ARE RESIDENTS OF RANCHO MIRAGE, MANY OF THEM, SOME ARE NOT. THEY ARE DRIVING THE CORRIDOR. STARBUCKS IS ABLE TO PULL PEOPLE OFF OF HIGHWAY 111 AS THEY DRIVE THE CORRIDOR WHICH IS VERY IMPORTANT FOR RANCHO MIRAGE. A LOT OF PEOPLE TRAVEL BETWEEN PALM DESERT AND PALM SPRINGS AND THEY GO THROUGH AND THEY DON’T STOP ANYWHERE. THEY JUST WANT TO GET THROUGH THE CORRIDOR. BUT HAVING THE RIGHT KIND OF RESTAURANTS WILL STOP PEOPLE AND THEY WILL SPEND MONEY IN YOUR CITY AND SUPPORT YOUR CITY. THE STARBUCKS HAS A PIEOLOGY NEXT DOOR, A POKEHANA RESTAURANT. THESE ARE ALL QUICK SERVE RESTAURANTS. QUICK SERVE WHAT PEOPLE WANT NOWADAYS. UNFORTUNATELY, THE FAMILY RESTAURANTS, THE TEST HAPPENED. IT DIDN’T WORK IT WILL ABOUT APPLEBEES, MIMI’S JOHNNY ROCKET’S, I COULD GO ON. THE MOUNTAIN DOESN’T DINE, BUT THERE’S NOT ENOUGH RESIDENTS OF RADIATION TO SUPPORT FAMILY RESTAURANTS. I LOOK AT THIS TO SHOW THAT IN-N-OUT BURGER WILL DO WELL AT THAT CENTER AND HELP THE CENTER. THE SIDE OF THE CENTER WHERE IN-N-OUT BURGER IS COMING IS WHERE GREEN’S INTERNATIONAL FAILED, THERE’S BEEN SOME OTHER FAILURES THERE. IT’S A SHAME. IF IN-N-OUT BURKER HAD BEEN THERE WOULD GREEN’S HAVE FAILED? MAYBE, MATE NOT. THAT SIDE OF THE CENTER NEEDS MORE TRAFFIC NOT LESS TRAFFIC. I ENCOURAGE YOU TO VOTE YES AND I DO BELIEVE HONESTLY THIS HELPS PROPERTY VALUES IN THE AREA. IT DOES NOT HURRY PROPERTY VALUES. THE CENTER BEFORE PARAGON BOUGHT IT WITH THE VAUGHN’S THAT WAS NOT HELPING PROPERTY VALUES AS IT WENT DOWNHILL. I SURE HOPE FOR A YES VOTE TODAY. THANK YOU. [APPLAUSE]>>The Clerk: THE NEXT SPEAKER IS MIKE LYLE.>>MIKE COULD NOT STAY.>>The Clerk: OKAY. JEFF SHERMAN.>>THANK YOU FOR HEARING THE NEIGHBORHOOD. I LIVE ON BARBER DRIVE, PARK VIEW IS MY BACKYARD. AND I’VE LIVED THERE 22 YEARS. TRAFFIC IS DEFINITELY INCREASED FOR THE SHORTCUT FROM THE COLLEGE TO 111. THERE’S ALSO A BUS STOP THERE ACROSS FROM THE APARTMENTS. AND THEY START IN THE MORNING AND THEY GO TILL PROBABLY MIDAFTERNOON AND THERE’S PROBABLY SIX BUSES THAT STOP FROM ANYWHERE FROM 10:30 IN THE AFTERNOON OR IN THE MORNING UNTIL 3:00 IN THE AN. WHAFTERNOON,WHICH IS LUNCH HOURE THROUGH PARKVIEW. IT JUST ADDS EXTRA TRAFFIC. THEY ALREADY DON’T STOP FOR THE LITTLE STOP SIGN THAT POPS OUT AND IT PUTS OUR CHILDREN IN DANGER AROUND GOING UNTIL LATE NIGHT WITH ALL THE HIKERS AND THE EVENING WALKERS ON PARK VIEW RIGHT NOW JUST THE COMBINATION JUST SEEMS THE PUT MUCH OF OUR COMMUNITY IN DANGER. I THANK MY NEIGHBORS FOR ALL THE RESEARCH. I JUST GOT BACK FROM VACATION. I’M ONE OF THE PEOPLE THAT I HAD NO IDEA THIS WAS GOING ON. I DIDN’T HEAR ANYTHING ABOUT IT UNTIL LAST WEEK, I JUST GOT BACK. I THANK OUR NEIGHBORS FOR KNOCKING ON DOORS AND LETTING US KNOW. PLEASE GIVE THIS DUE CONSIDERATION. THERE ARE OTHER LOCATIONS IN RANCHO MIRAGE MAYBE ACROSS FROM MOTEL 6. NO HOMES, RIGHT ON THE CORRIDOR. CONSIDER OTHER LOCATIONS PLEASE NOT IN OUR NEIGHBORHOOD. THANK YOU SO MUCH FOR YOUR TIME. [APPLAUSE]>>The Clerk: HARVEY ROSE. TERESA NEWELL.>>GOOD LATE AFTERNOON. FIRST OF ALL, I THINK Y’ALL LOOK VERY NICE TODAY. I’M GLAD THAT THE TONE HAS CHANGED FROM THE PLANNING COMMISSION TO NOW. BUT I DON’T THINK THAT THE SERIOUSNESS OF OUR CONCERNS HAVE CHANGED. I GREW UP IN THIS AREA. CHOSE TO LIVE IN RANCHO MIRAGE. BECAUSE I LOVE THIS CITY. I THINK THAT WE CAN ALL AGREE, ALL OF US, YOU GUYS, THOSE GUYS OVER THERE, THOSE GUYS OVER THERE, THAT WE LOVE THIS CITY, RIGHT? SO I LEARNED SOMETHING TODAY. I LEARNED THAT IN-N-OUT HAS RESTAURANTS THAT YOU DON’T DRIVE THROUGH. AND THAT WAS A REVELATION. I DIDN’T KNOW THAT UNTIL TODAY. I WASN’T AT THE PLANNING COMMISSION LAST TWO WEEKS AGO, AND SO I WAS AGAINST IT. BECAUSE I’M PERSONALLY AGAINST DRIVE-THROUGH RESTAURANTS. I DON’T THINK THEY HAVE A PLACE IN RANCHO MIRAGE. I MEAN, THAT WAS ONE OF THE THINGS THAT HAVE ALWAYS BEEN HISTORICALLY I DON’T KNOW AN UNWRITTEN LAW IN RANCHO MIRAGE. BECAUSE WE DIDN’T WANT TO BE THAT KIND OF CITY. WE WANTED TO BE A CITY THAT IS SET APART AND ABOVE THE OTHER CITIES IN THIS VALLEY. AND THANKS TO YOU GUYS AND YOUR PREDECESSORS THAT HAS HELD TRUE. RIGHT? WE HAVE A BEAUTIFUL CITY, A LOVELY CITY. A PLACE THAT PEOPLE WANT TO LIVE IN. WE WANT TO CONTINUE THAT, DON’T WE? I DO. AND I’M ALL FOR BUSINESS, EVEN THE BIG WHAT WAS IT GRILLLA SOMEBODY SAID LET’S BRING MORE BUSINESS. THERE’S ALL KINDS OF BUSINESSES I THINK THIS IS — KEEPING TRACK OF MY TIME — THIS BUSINESS ENVIRONMENT IS UNIQUE. IT IS NOT AN ENVIRONMENT OF THE REST OF THE VALLEY. WE’RE A SMALL TOWN. WE WANT TO STAY A SMALL TOWN. WE WANT TO KNOW OUR FRIENDS. WE WANT TO KNOW OUR NEIGHBORS. I WANT TO CONTINUE THAT. SO I’M NOT HERE TO SAY OH SAY NO OR OH SAY YES. WHAT I’M HERE TO ASK YOU, PLEAD WITH YOU, ENCOURAGE YOU TO CONSIDER MORE, TO CONSIDER OTHER OPTIONS. YOU KNOW, WE COULD HAVE A SIT-DOWN IN-N-OUT. I’M NOT AGAINST IN-N-OUT BUT IT DOESN’T HAVE TO BE THIS TRADITIONAL ZOOM ZOOM, BOOM BOOM. THANK YOU VERY MUCH. AGAIN, I THINK YOU GUYS ARE DOING A GREAT JOB FOR THE SENSE OF THIS TOWN HAS BEEN INCORPORATED IN 1974. IT’S BEEN CREATED TO BE A BEAUTIFUL TOWN. AND I JUST ENCOURAGE THAT WE KEEP IT THAT WAY. I DID IT IN TIME. THANK YOU VERY MUCH.>>The Clerk: ROBERT MUELLER.>>MAYOR, COUNCILMEMBERS, THANK YOU FOR THE OPPORTUNITY TO SPEAK. WE’VE HAD A LONG DAY.I’M, AS SOMEONE SAID A MOMENT AGO, I’M A BIG FRIEND OF HAMBURGERS, FRENCH FRIES AND MILK SHAKES AND IT SHOWS. TO LOOK AT THE INFORMATION WITH IN-N-OUT, I LOOKED ADD SOCIAL MEDIA AND I HEARD THAT A LOT OF PEOPLE SEEMED TO THINK THAT WELL THERE WAS A LOT OF HUBBUB IN LA QUINTA WHEN IN-N-OUT WANTED TO GO THERE. AND A LOT OF LOCAL CITIZEN UPSET. BUT LOOKS LIKE IT TURNED OUT OKAY, EVERYTHING SEEMS TO RUN PRETTY WELL IN LA QUINTA, THEREFORE IT SHOULD RUN WELL IN RANCHO MIRAGE. AND JUST AS AN OBSERVATION. THE TWO VENUES ARE ACTUALLY QUITE DIFFERENT. AS I’M SURE YOU REALIZE. LA QUINTA HAS ABOUT 14 LANES OF HIGH SPEED TRAFFIC THAT SUPPORT THE IN-N-OUT THERE. RANCHO MIRAGE, ON THE OTHER HAND, HAS MAYBE EIGHT LANES. IF YOU ASSUME THAT THE SCALE OF BUSINESS FOR EACH LOCATION IS GOING TO BE THE SAME, IT MEANS RANCHO MIRAGE HAS TO PRODUCE A LOT OF TRAFFIC TO MAKE A VIABLE BUSINESS FOR IN-N-OUT. I DON’T THINK THEY’RE THE SAME. I THINK RANCHO MIRAGE WOULD BENEFIT FROM AN IN-N-OUT. I DO THINK RANCHO MIRAGE HAS A NUMBER OF VERY MUCH US A THAT WOULD BE VERY WELL SUITED FOR AN IN-N-OUT. BUT AS THE CITY HAS SAID, IT’S NOT UP TO THE CITY COUNCIL TO DECIDE WHO ARE THE WINNERS AND LOSERS. SO THE ONLY DECISION YOU CAN RENDER IS JUST WITH RESPECT TO THIS LOCATION, WITH THIS BUSINESS. THE LAST OBSERVATION IS THAT I DON’T ENVY THE CITY COUNCIL BECAUSE THIS IS A TOUGH DECISION. I HEARD A LOT OF VERY HEARTFELT COMMENTS FROM RESIDENTS OF RANCHO MIRAGE. I THINK THE COMMENTS ARE VERY SINCERE. I DON’T THINK, IF THE CITY APPROVES THIS PARTICULAR VENUE, I DON’T THINK THATS THIS RESIDENTS ARE GOING TO FORGET. YOU MIGHT CONSIDER THAT. I THINK ONE OF THE COUNCILMEMBERS IS NOTED ON THE RANCHO MIRAGE CITY COUNCIL WEBSITE AS BEING SPEARHEADING THE DEVELOPMENT OF THE RANCHO LAS PALMAS SHOPPING CENTER SO THAT MIGHT BECOME A LITTLE BIT OF A LIGHTNING ROD IN THE FUTURE ELECTION. BUT ANYWAY THANK YOU FOR THE OPPORTUNITY TO SPEAK. [APPLAUSE]>>The Clerk: DAVID SCOTT.>>GOOD AFTERNOON, MAYOR AND CITY COUNCIL. I LIVE AT 72411 DESERT IN RANCHO MIRAGE THE AFFECTED AREA THAT THE IN-N-OUT IS GOING TO BE. ON THE CORNER OF BOB HOPE AND HIGHWAY 111. WHEN I FIRST HEARD ABOUT THE INFORMATION ABOUT IN-N-OUT COMING IN I WAS SO HAPPY THAT I COULD ACTUALLY STOP ON MY WAY HOME AND GRAB A BURGER. MY WIFE WAS ECSTATIC. I SENT YOU A LETTER OF RESIDENCE STATING MY FIRM MY EMPLOYEES WE APPROVE IN-N-OUT COMING TO RANCHO MIRAGE. THROUGH THE PAST THREE WEEKS, WITH THE DUE DILIGENCE AND LISTENING TO MY NEIGHBORS, UNDERSTANDING THAT I DON’T THINK THE CITY DID ENOUGH DOOUMTION. DUE DILIGENCE TO PUT A FAST FOOT RESTAURAFOODRESTAURANT IN TO SUE CODES THAT ARE ENFORCED. UNFORTUNATELY I HAVE TO RETRACT MY LETTER OF APPROVAL TO ALLOW THE IN-N-OUT BURGER TO COME IN. MY NEIGHBORS FROM DR. HIRSH BEFEBERGTO ERNIE TO JEFF SHERMAL OF THEM WHO OPPOSE THIS, THERE IS A REAL FACTOR INVOLVED. I HAVE LIVED IN RANCHO MIRAGE FOR 25 PLUS YEARS. I’VE BEEN IN THE DEST SINCE 1971. I’VE RAISED THREE CHILDREN, I’VE RAISE HAD A VERY SUCCESSFUL BUSINESS, I’VE WORKED FOR PRESIDENT FORWARD, THE SECRET SERVICE AND MANY, MANY CLIENTS IN THE VALLEY. RANCHO MIRAGE HAS REALLY SET THE FOREGROUND FOR WHAT THE CITY SHOULD BE LIKE AND HOW IT SHOULD BE RUN SO UNFORTUNATELY I APOLOGIZE. THAT ALL THIS PRESSURE IS ON YOU TO DO THIS. AND I THINK CITY PLANNING DID A VERY GOOD JOB WITH THEIR STATISTICS TO BUILD THIS RESTAURANT HERE. TO GIVE US WHAT WOULD BE NICE TO HAVE, A REALLY GOOD, QUALITY FAST FOOD RESTAURANT. GOOD LUCK ON YOUR DECISION. BUT UNFORTUNATELY, I HAVE TO RETRACT MY LETTER OF APPROVAL FOR IN-N-OUT. THANK YOU. [APPLAUSE]>>The Clerk: ACHED AND HAS DR. K LOFLOFTIS ARRIVED? CALLED HIM EARLIER. OKAY THAT’S ALL OF THE SPEAKERS.>>Mayor Smotrich: OKAY, THANK YOU KRISTIE. THAT HAS FINISHED THE SPEAKERS THAT HAVE FILLED OUT A CARD. BUT IF THERE ARE ANY OTHER PEOPLE THAT WOULD LIKE TO GET UP AND SPEAK, NOW WOULD BE THE TIME. PLEASE COME TO THE MICROPHONE AND STATE YOUR NAME AND YOUR RESIDENCY.>>GOOD AFTERNOON, I’M WALLY MELENDEZ. I’M SPEAKING AS A FRIEND OF RANCHO MIRAGE. AND A FRIEND TO MY STOMACH. THERE IS ONLY ONE SIZZLER STEAK HOUSE IN THE WHOLE COACHELLA VALLEY, IN INDIO. I SAY GIVE ME A STEAK AND A BAKED POTATO AND A SALAD, BEFORE YOU GIVE ME A BURGER AND A FRY. [APPLAUSE]>>Mayor Smotrich: THANK YOU, ARE THERE ANY OTHER SPEAKERS THAT WOULD LIKE TO COME FORWARD AT THIS TIME?>>MADAM MAYOR, PAULA WOULD YOU GO OUT INTO THE LOBBY TO SEE IF THERE ARE ANY OTHER SPEAKERS BEFORE WE END THE PUBLIC HEARING? NO?>>Mayor Smotrich: NO ONE, OKAY. ALL RIGHT, WELL THEN, WE WILL — OKAY, WE HAVE SOMEBODY ELSE.>>I WAS ALMOST TOO LATE. I’M MARY LOU SUTER, I LIVE AT 11 JUNE PER LANE. THANK YOU FOR THE OPPORTUNITY TO SPEAK. MY FAMILY HISTORY HAS A LITTLE BIT TO DO WITH IN-N-OUT. MY SON MANAGED IN-N-OUTS THROUGHOUT THE HIGH DESERT AND ORANGE COUNTY FOR PROBABLY 15 YEARS OF HIS LIFE AND HIS FAMILY’S LIFE. SO HE HAD THE OPPORTUNITY TO MAKE A VERY NICE SALARY, RECEIVE EXCELLENT MANAGEMENT TRAINING AND CONSEQUENTLY, HE’S PROGRESSED IN HIS CAREER AROUND CONTINUES TO WORK IN THE RESTAURANT BUSINESS. MY GRANDDAUGHTERS AND GRANDSON ALL TOOK TURNS WORKING AT IN-N-OUT, DEVELOPED GREAT WORK SKILLS, GREAT WORK ETHIC. LEARNED HOW TO MANAGE THEIR FELLOW WORKERS AND THE PEOPLE THAT THEY WORKED WITH. IT’S A GREAT PLACE FOR A YOUNG PERSON JUST STARTING OUT TO WORK. AND THEY PAY THEIR EMPLOYEES WELL. AND I THINK THE TRAINING MEANS MORE TO ME THAN ANYTHING, THAT THEY RECEIVE SUCH GOOD TRAINING. SO FOR THOSE REASONS, AND THE FACT THAT THEY PRODUCE SUCH A GOOD PRODUCT, I’D LIKE IN-N-OUT AND AS A RESIDENT I JUST WANTED TO EXPRESS THAT OPINION AND WISH YOU ALL THE BEST OF LUCK WITH YOUR VOTE. THANK YOU.>>Mayor Smotrich: THANK YOU. [APPLAUSE]>>MY NAME IS JULIE HENTHORNY LIVE IN WHITE SUN ESTATES. THE ONLY THING I HAVE TO SAY IS THAT NO ONE AGAINST THE IN-N-OUT IS AGAINST IN-N-OUT AS A COMPANY. THEY ARE A GREAT COMPANY. I HAVE THREE BOYS. I SPENT A LOT OF TIME AT IN-N-OUT AS THEY WERE GROWING UP. IT’S THE LOCATION THAT IS THE ISSUE AND THE PROBLEM. [APPLAUSE]>>AND THERE ARE BETTER PLACES IN THIS CITY, THAT DON’T BACK UP TO A NEIGHBORHOOD THAT YOU CAN PUT THIS RESTAURANT. THANK YOU. [APPLAUSE]>>Mayor Smotrich: ARE THERE ANY OTHER MEMBERS OF THE AUDIENCE THAT WOULD LIKE TO SPEAK? OKAY. THANK YOU. AND BEFORE WE MOVE ON, SINCE I SEE NO ADDITIONAL REQUESTS FOR SPEAKING WE WILL MOVE ON TO THE APPLICANT PRESENTATION SECTION. SO WOULD THE APPLICANT PLEASE STEP UP TO THE PODIUM.>>GOOD AFTERNOON, MADAM MAYOR, CITY COUNCIL MEMBERS, CITY STAFF. AND MEMBERS OF THE RANCHO MIRAGE AND NEARBY DESERT COMMUNITIES IN ATTENDANCE TODAY. MY NAME IS JIM LOCKI LOCKINGTONM MANAGER OF THE IN-N-OUT I APOLOGIZE FOR MY VOICE, I BROUGHT BACK A COLD. IT’S WORTH MENTIONING THAT MY FAMILY HAS HAD RESIDENCES IN THE HIGH DESERT. FOLLOWED IN THE MID 80S BY A HOME IN THE MONTEREY COUNTRY CLUB. I’VE SEEN GROWTH AND CHANGE IN ALL THE DESERT COMMUNITIES, AND HAVE SEEN WHAT WAS ONCE AN EXCLUSIVELY SEASONAL REGIONAL ECONOMY TRANSFER INTO A MUCH MORE YEAR ROUND ECONOMY. I’M VERY EXCITED THAT IN-N-OUT BURGER HAS THE OPPORTUNITY TO BRING A FOURTH STORE TO THE COACHELLA VALLEY HERE IN RANCHO MIRAGE ESPECIALLY ONE SO CLOSE TO WHERE I HAVE FAMILY. BEFORE DIVING INTO PROJECT DETAILS, I WOULD LIKE TO JUST RESPOND TO A COUPLE THINGS I HEARD FROM THE COMMUNITY. THERE ARE RESTAURANTS THAT DON’T HAVE DRIVE THROUGHS, THERE IS FIVE OF THEM. THEY INCLUDE SOME THAT WERE BUILT MANY, MANY YEARS AGO, ABOUT 30 YEARS AGO, AS WELL AS NEWER ONES AT PLACES LIKE FISHERMAN’S WHARF AND THE LINK IN LAS VEGAS. THESE ARE VERY SPECIALIZED LOCATIONS THAT HAVE ASTOUNDING NUMBERS OF PEDESTRIANS, THAT SIMPLY WOULDN’T WORK HERE OR IN OTHER LOCATIONS, WE DON’T HAVE THE OPPORTUNITY TO BRING A NONDRIVE THROUGH RESTAURANT TO THIS COMMUNITY. I’D LIKE TO SHARE SOME BACKGROUND AND IN-N-OUT HISTORY WITH YOU. WE ARE A PRIVATELY OWNED FAMILY BUSINESS FOUNDED IN 1948 BY HARRY SCHNEIDER AND HIS WIFE ESTHER. HARRY WAS A WHORLT VETERAN WHO USED GI BILL MONEY TO OPERATE A MODEST TEN BY TEN HAMBURGER RESTAURANT WITH DRIVE THROUGH AISLES ON BOTH SIDES OF THE RESTAURANT AND WAS AT THAT TIME A GAME CHANGING INVOC CHANGING E RESTAURANT RESTAURANTS IN CALIFORNIA, ARIZONA, NEVADA, UTAH, OREGON AND TEXAS AND WILL BE ENTERING THE COLORADO MARKET SOMETIME NEXT YEAR. WE JUST OPENED OUR 345th RESTAURANT IN STANTON, CALIFORNIA. THE COMPANY IS LED BY THE GRANDDAUGHTER OF THE FOUNDERS, LINDSAY SCHNEIDER. WE DO NOT FRANCHISE. ALL OF OUR RESTAURANTS ARE COMPANY OWNED, OPERATED AND MAINTAINED. ALL RESTAURANT SUPPLIES AND FOOD PRODUCTS ARE DELIVERED DAILY OR EVERY OTHER DAY FROM COMPANY AND OPERATED DISTRIBUTION CENTERS AND HAMBURGER PATTY PRODUCTION PLANTS. ALL THAT IS DELIVERED BY COMPANY OWNED TRUCKS AND DRIVERS. WE DO THIS TO MAINTAIN OUR STRONG COMPANY CULTURE OUR INCREDIBLE CUSTOMER EXPERIENCE AND THE QUALITY OF FOOD THAT WE SERVE. ON THE BACK OF MY BUSINESS CARD IS THE COMPANY’S MISSION STATEMENT WHICH I’VE DISPLAYED ON THE OVERHEAD SCREEN AND IT READS, IN-N-OUT BURGERS EXISTS FOR THE PURPOSE OF ONE PROVIDING THE FRESHEST HIGHEST QUALITY FOODS AND SERVICES FOR A PROFIT IN A SPOTLESS SPARKLING ENVIRONMENT WHERE THE CUSTOMER IS OUR MOST IMPORTANT ENVIRONMENT. TWO, PROVIDING A TEAM ATMOSPHERE, TO PROVIDE EXCELLENT TRAINING AND COMMENT FOR ALL OF OUR ASSOCIATES AND THREE ASSISTING ALL COMMUNITIES IN OUR MARKETPLACE TO BECOME STRONGER SAFER AND BETTER PLACES TO LIVE. AT THE BOTTOM OF MY PAYCHECK AS WELL AS THE PAYCHECK OF EVERY SNAWT ASSOCIATE FROM A BRAND-NEW LEVEL ENTRY ASSOCIATE TO HIGHEST LEVEL EXECUTIVE ARE TWO THINGS. FIRST THERE’S A LISTING FOR THE AVAILABLE VOLUNTEER OPPORTUNITIES FOR OUR CHARITABLE ORGANIZATIONS, COMMUNITY EVENTS SUCH AS OUR BLOOD DRIVES AND HOLIDAY CANNED FOOD DRIVES AND SECOND THE STATEMENT IS, QUOTE REMEMBER, THIS PAYCHECK WAS MADE POSSIBLE BY THE CUSTOMER. END QUOTE. EXAMPLE OF IN-N-OUT’S COMMITMENT TO OUR MISSION STATEMENT INCLUDING OFFERING STARTING WAGES ABOVE THE MINIMUM WAGE AND WELL ABOVE COMPETING QUICK SERVICE RESTAURANTS AS WELL AS THE IN-N-OUT FOUNDATION WHICH IS A FULLY FUNDED CHARITABLE ORGANIZATION, WHICH IS CHARITY FOUNDED BY ESTHER SCHNEIDER. SLAVE TO NOTHING FOUNDATION, THIS FOUNDATION FUNDS SOLUTIONS TO HUMAN TRAFFICING AND SUBSTANCE ABUSE. IN-N-OUT UNDERWRITES EVERY EXPENSE OF THESE ASSOCIATIONS TO ENSURE THAT ALL MONEY DONATEGOES DIRECTLY TO WORTHY RECIPIENTS. WE ALSO OFFER LOCAL SCHOOL SUPPORT AND STUDENT RECOGNITION PROGRAMS. MORE INFORMATION IS AVAILABLE ON OUR WEBSITE IN-N-OUT.COM. BEING A GOOD NEIGHBOR IS IMPORTANT TO US AT IN-N-OUT BOTH AT OUR CURRENT LOCATIONS AS WELL AS AT PROSPECTIVE NEW SITES. THROUGHOUT THE PROCESS IN RANCHO MIRAGE OUR INTENT HAS BEEN TO ENSURE THAT CITY AND COMMUNITY CONCERNS ARE ADDRESSED AND TO MAKE ANY NEEDED ADJUSTMENTS IN THE HOPE THAT OUR BUSINESS WILL BE NOTHING BUT A POSITIVE PRESENCE IN THE COMMUNITY. WE’RE VERY PROUD OF OUR RANCHO MIRAGE DEVELOPMENT PROPOSAL AND WE’RE THRILLED TO BE JOINING THE RANCHO LAS PALMAS SHOPPING CENTER. WE’LL BE A GREAT ASSET WE BELIEVE TO THE SHOPPING CENTER AND THE RANCHO MIRAGE COMMUNITY. YOU HAVE A APPROACH, AND RELATEENTITLEMENTS AND CLASSIFIES THE CITY CAREFULLY STUDIED A NUMBER OF POTENTIALLY ENVIRONMENTAL IMPACTS INCLUDING TRAFFIC, NOISE, AIR QUALITY AND GRATION. GREENHOUSE GAS. PROPOSED STORE AS WELL AS THE RECENTLY REVITALIZATION OF THE RANCHO LAS PALMAS SHOPPING CENTER. ALSO TO ANSWER QUESTIONS OF THE NOISE REPORT IS CHRIS KARIKIAN OF MERIDIAN ASSOCIATES WHO PREPARED THAT ANALYSIS. IN-N-OUT IS IN COMPLETE AGREEMENT WITH THE PROPOSED RESOLUTIONS AND THE CONDITIONS OF APPROVAL AND WE ASK YOU APPROVE THE PROJECT AND THE RESOLUTIONS DRAFTED BY CITY STAFF. ONE OF THE PROJECT COMPONENTS PRESENTED TO YOU FOR APPROVAL TODAY IS DA OR DEVELOPMENT AGREEMENT. A D SAFORT A MUTUALLY NEGOTIATED BINDING AGREEMENT THAT CLEARLY ARTICULATION, PROVIDES ENFORCEABLE REMEDIES FOR ANY POTENTIAL ISSUES. WE INITIALLY HAD RESERVATIONS ABOUT THE USE OF A DA FOR THIS PROJECT BUT HAVE RESOLVED THOSE AND THE DA INCLUDED IN YOUR STAFF REPORT HAS OUR FULL SUPPORT. IN ANY CASE, STAFF AND THE CITY ATTORNEY PROPOSED THE DA ON THIS PROJECT PRIMARILY TO ADDRESS A WHAT-IF CONCERN. WHAT-IF THE PROPOSED 23 CAR DRIVE THROUGH QUEUE ISN’T ADEQUATE AT TIMES TO HANDLE DRIVE THROUGH DEMAND AND IT THREATENS TO EXTEND IDENTITY INTO THE SHOPPING CENTER COMMON AISLE, AND BY EXTENSION ON TO HIGHWAY 111. IN-N-OUT BELIEVES AND THE TRAFFIC STUDY SUPPORTS THAT THE 23 CAR QUEUE IS ADEQUATE. HOWEVER, TO OBJECTIVE REPLY ADDRESS THE POSSIBILITY THAT IT MAY NOT BE THE CITY REQUIRED THAT THE SCOPE OF THE TRAFFIC ANALYSIS FOR THE PROJECT IS TO INCLUDE A DRIVE THROUGH QUEUE STUDY. THE TRAFFIC CONSULTANTS SURVEYED THE PROJECT, LA QUINTA, INDIO AND THOUSAND PALMS, THEY OBTAINED REAL WORLD DATA THAT COULD INFORM A RATIONAL AND OBJECTIVE ANALYSIS. THE ACTUAL DRIVE THROUGH QUEUE LENGTH WAS COUNTED AND DOCUMENTED FOR EEP OF THESE STORES ON EVERY FIVE MINUTE BASIS FROM 11:00 A.M. TO 11:00 P.M. ON BOTH A WEEKEND TO WEEKDAY DAY, THAT IS A TOTAL OF 864 SURVEY DAYS, THE QUEUING ANALYSIS USING INDUSTRY STANDARD TRAFFIC PRACTICE TO REACH A CONCLUSION THAT THE PROPOSED 23 CAR QUEUE IS MORE THAN ADEQUATE. PUTTING ALL THAT TECHNICAL JARGON AND MUMBO JUMBO ASIDE HOWEVER THE WHAT IF QUESTION IS STILL REASONABLE FOR STAFF TO PROPOSE WHAT IF THE 23 CAR QUEUE IS NOT ADEQUATE. I’M GOING TO USE THE OVERHEAD SCREEN THE HELP EXPLAIN HOW IN-N-OUT MANAGES QUEUES IN GENERAL AND HOW WE WILL MANAGE THIS SPECIFIC LOCATION. THE DISPLAYED SHOT SHOWS OUR PROJECTED SITE PLAN. IT IS WORTH NOTING THAT OUR PROPOSED SITE IS JUST OVER ONE ½ ACRES. THIS IS A VERY GENEROUS SIZED SITE EVEN FOR AN IN-N-OUT BURKER. BURGER. IT INCLUDES EXCELLENT VEHICLE CIRCULATION WITH NO DEAD END PARKING AND NO DEAD END PARKING AISLES. IT INCLUDES PARKING FOR 75 CARS WHICH IS MORE THAN THE CITY REQUIRES, MORE SUBSTANTIALLY THAN A TYPICAL IN-N-OUT. THE NEXT SLIDE DEMONSTRATES CARS LINING UP FROM THE DRIVE THROUGH FROM CAR NUMBER 1 AT THE PICKUP WINDOW TO CAR NUMBER 3 AT THE PAY WINDOW TO CAR NUMBER 8 AT THE MENU BOARD. CAR NUMBER 8 AND THE MENU BOARD, IT IS IN-N-OUT’S STANDARD OPERATING PROCEDURE THAT ONCE THERE ARE EIGHT CARS IN THE DRIVE THROUGH, OUTDOOR ASSOCIATES ARE DEPLOYED TO TAKE ORDERS USING HAND HELD ORDER TABLETS. THIS TRANSMITS ORDERS INTO THE KITCHEN BEFORE MENU BOARD, SPEEDING OUTPUT AT THE PICKUP WINDOW. HOW DO ASSOCIATES AND MANAGEMENT KNOW THAT THE QUEUE HAS REACHED THE MENU BOARD, ASSISTED WITH MULTIPLE OUTDOOR CAMERAS THAT VIEW THE ENTIRE LENGTH OF THE DRIVE THROUGH. FUN FACT. EVERY MODERN ERA IN-N-OUT RESTAURANT HAS HAS BETWEEN THREE AND SIX CAMERAS, ADDITIONALLY THERE ARE IN EXCESS OF 20 CAMERAS INSIDE EVERY STORE. LIFE VIDEO OF THE STORE IS STRATEGICALLY PLACED MONITORS AT THE PAY WINDOW, THE PICKUP WINDOW, THE GRILLS AND THE MANAGER’S OFFICE. MANAGEMENT AND ALL STORE ASSOCIATES KNOW THE QUEUE WHEN THE QUEUE GROWS. FROM CAR 8 TO CAR 23. IF THE QUEUE THE AT THE RANCHO MIRAGE STORE IS CONSISTENTLY HITTING 21 OR 22 CARS AND MIGHT REACH OR EXCEED 23 CARS OUTDOOR ASSOCIATES WILL TEMPORARILY CLOSE THE NORTHERN ACCESS OPENING AS SHOWN ON THE NEXT SLIDE. ASSOCIATES WILL THEN DIRECT CARS TO QUEUE IN THE NORTHERN IN-N-OUT ON PREMISES DRIVE AISLE AS SHOWN IN THE NEXT TWO SLIDES. THIS RESULTS IN AN EXPANDED QUEUE CAPACITY OF 36 CARS, WITHOUT SPILLING INTO SHOPPING CENTER COMMON AREA, AND WITHOUT CREATING ANY CIRCULATION PROBLEMS WITHIN THE IN-N-OUT PREMISE. S. FOR A FINAL PERSPECTIVE ON THE DRIVE THROUGH QUEUE ISSUE I NOTE FROM THE 864 FIVE MINUTE SURVEYS COLLECTED OVER A TOTAL OF FIVE OR SIX DAYS, THE QUEUE REACHED OR EXCEEDED 23 CARS ONLY FIVE TIMES, 23% OF THE TIME SURVEYED. WE UNDERSTAND THAT SOME OF YOUR CITIZENS HAVE EXPRESSED CONCERNS OR FEARS ABOUT THE PROJECT POTENTIALLY HAVING A NEGATIVE IMPACT ON THEIR NEIGHBORHOOD. WE TAKE THIS TYPE OF CONCERN SERIOUSLY. I WOULD LIKE TO BRIEFLY ADDRESS SOME OF THESE ISSUES IN THE HOPE OF BRINGING FACTS AND INFORMATION INTO THE DISCUSSION FOR YOUR DECISIONS. THE FIRST CONCERN IS TRAFFIC. AS YOU PROBABLY KNOW THE CURRENT SHOPPING CENTER OWNER PREPARED A TRAFFIC ANALYSIS WHEN THEY OBTAINED APPROVAL FOR THE REVITALIZATION OF THE SHOPPING CENTER WHICH REVITALIZATION BY THE WAY APPEARS TO BE VERY SUCCESSFUL. THE TRAFFIC STUDY INCLUDED ANALYSIS OF AN OVER 8,000 SQUARE FOOT SIT DOWN RESTAURANT WHERE THE 3887 SQUARE FOOT IN-N-OUT DRIVE THROUGH IS PROPOSED. WE PREPARED INITIAL PLANS IN INITIAL APPLICATION WITH THE CITY. PLANNING STAFF REQUESTED AND WE PROVIDED AN ADDITIONAL TRAFFIC ANALYSIS WHICH IS IN STAFF ATTACHMENT 8 FOUND AT FIVE-102 IN YOUR STAFF REPORT. THAT ANALYSIS CLEARLY CONCLUDES OFTEN PAGE 5-106 AND 5-107 THAT THE IN-N-OUT RESTAURANT WILL HAVE NO SIGNIFICANT IMPACT ON ADJACENT STREETS AND INTERSECTIONS. KYLE MAYBURY FROM THE TRAFFIC ORGANIZATION THAT AUTHORED THE REPORT WILL HAVE ANSWERS TO YOUR QUESTIONS. CITY STAFF ASKED FOR AND WERE PROVIDED A TECHNICAL STUDY OF THE NOISE ISSUE. THAT STUDY WAS PREPARED BY AN INDUSTRY LEADER AND ENVIRONMENTAL STUDY DOCUMENTS AND IT CONCLUDES THAT THERE WILL BE NO SIGNIFICANT NOISE IMPACT DUE TO CONSTRUCTION OR OPERATION OF THE PROJECT. AND IT WILL NOT VIOLATE RANCHO MIRAGE’S NOISE ORDINANCE. WITHOUT GETTING DEEP INTO THE WEEDS OF THE JARGON AND TECHNICAL MUMBO JUMBO OF THE NOISE REPORT I ASK YOU TO TAKE A QUICK LOOK AT A COUPLE OF PAGES IN THE ANALYSIS. THE SLIDE ON THE SCREEN IS FOUND ON PAGE 5-165 OF THE STAFF REPORT. THIS SHOWS THE PROJECT SITE OUTLINED IN HE YELLOW AND FLAGS THE NEAREST SENSITIVE RECEPTOR WHICH IS A HOME ON THE FAR SIDE OF MAGNESIA FALLS ACROSS FROM THE SHOPPING CENTER. THAT’S THIS HOME RIGHT THERE. I’VE HEARD A DISTANCE OF 153 FEET CITED BY PROJECT OPPONENTS TO DESCRIBE THE SEPARATION BETWEEN THIS NEAREST HOME AND THE IN-N-OUT BURGER RESTAURANT. THE IN-N-OUT BURGER RESTAURANT HAS ALSO BEEN CHARACTERIZED AS BEING LACED IN THE FRONT YARD OF THIS HOME. NEITHER THE 153 FOOT DISTANCE OR THE FRONT YARD CHARACTERIZATION ARE FAIR OR ACCURATE. THE NEXT SLIDE UP ON THE SCREEN SHOWS A FEW MEANINGFUL DISTANCE MEASUREMENTS BETWEEN THE HOME AND THE IN-N-OUT RESTAURANT. THE FIRST IS 280 FEET, 20 FEET SHY OF THE LENGTH OF A FOOTBALL FIELD. THIS IS DISTANCE BETWEEN THE NEAREST CORNER OF THE HOME AND THE NEAREST POINT OF THE IN-N-OUT BURGER RESTAURANT. THE SECOND IS 340 FEET WHICH IS THE DISTANCE FROM THE NEAREST REAR CORNER OF THE HOME WHICH IS THE BEGINNING POINT OF A BEAUTIFULLY LANDSCAPED BACK DOOD LIVING AREA AND THE IN-N-OUT BURGER RESTAURANT. THE NEXT IS THE 240 FEET THE SAME DISTANCE FROM THE BACK CORNER OF THE HOME TO HIGHWAY 111 WHERE THOUSANDS AND THOUSANDS OF CARS TRAVEL EVERY DAY. CONCERNS HAVE BEEN EXPRESSTHAT NOISE FROM THE MENU BOARD, BOTH MENU BOARD SPEAKER AND TRASH ENCLOSURE COULD AFFECT THE QUALITY OF LIVE OF THE NEIGHBORHOOD RESIDENTS PARTICULARLY THE NEAREST HOME. THIS NEXT SLIDE SHOWS THE TRASH ENCLOSURE, THESE DIMENSION ARE 410 FEET AND 460 FEET RESPECTIVELY. THE NEXT SLIDE SHOWS THE DISTANCE BETWEEN THE MENU BOARD SPEAKER AND THE SAME POINTS TO THE NEAREST RESIDENCE. THE MENU BOARD SPEAKER IS 375 FEET FROM THE NEAREST CORNER OF THE HOME AND 420 FEET FROM THE BEGINNING OF THE BACKYARD OUTDOOR LIVING AREA OF THE HOME. WE KNOW THAT SOUND DIMINISHES OVER DISTANCE AND IN THIS CASE THESE ELEMENTS ARE A GREAT DISTANCE FROM THE NEAREST HOME. WE ALSO KNOW THAT SOUND IS SIGNIFICANTLY REDUCED WHEN THE LINE OF SIGHT BETWEEN A NOISE SOURCE AND A RECEPTOR IS PARTIALLY OR FAIRLY BLOCKED. REAR PATIO IMPROVEMENTS, THE RESTAURANT BUILDING ITSELF AND A BERM AND SCREEN WALL BEYOND THE DRIVE THROUGH LANE HELPING TO BLOCK THE SIGHT BETWEEN THOSE NOISE PRODUCINGS FIGURES AND THE NEAREST HOME. AND THE FACT THAT THE MENU BOARD SPEAKER OR THE TRASH ENCLOSURE FACE THE HOME. THE COMPLETE OPPOSITE DIRECTION FROM FACING THE HOME AND THE TRASH ENCLOSURE GATES THROUGH WHICH THE COMPACTOR MAY BE SEEN OR HEARD WHEN IN USE DO NOT FACE THE HOME. JUST A COUPLE MORE PAGES FROM THE NOISE REPORT BEFORE MOVING ON. THIS SLIDE SHOWS TABLE 2 ON PAGE 5-159, OF THE NOISE REPORT. IT DISPLAYS THE RANCHO MIRAGE EXTERIOR NOISE STANDARDS. AS YOU CAN SEE FROM THIS TABLE THE CITY RESIDENTIAL NOISE LIMITS ARE EXPRESSED AS A RANGE OF A WEIGHTED DECIBELS OR DBA VALUES FOR DIFFERENT TIMES OF THE DAY. THE MOST RESTRICTIVE LIMIT IS 45 DBA FROM 10 P.M. TO 7 A.M. IF WE LOOK AT THE NEXT SLIDE, THIS IS NOISE REPORT FIGURE 5, ON PAGE 5-173, OF YOUR STAFF REPORT. THIS PAGE GRAPHICALLY SHOWS CONTOURS OF NOISE POTENTIALLY PRODUCED BY THE OPERATING IN-N-OUT BURGER RESTAURANT. THIS SLIDE SHOWS THAT ANY NOISE EMANATING FROM THE IN-N-OUT BURGER RESTAURANT WILL BE LESS THAN 45 DBA OR THE LOWEST MOST RESTRICTIVE NOISE STANDARD IN THE RANCHO MIRAGE CODE AT THE NEAREST RESIDENTIAL PROPERTY. THE NEXT CONCERN EXPRESSED HAS BEEN TRASH. IN-N-OUT IS A CONSCIENTIOUS OPERATOR OF ALL OF ITS RESTAURANT SITES. WE POLICE OUR OUTDOOR PREMISES ROUTINELY THROUGHOUT DAY AND EVENING FOR CLEANLINESS AS WELL AS TO DISCOURAGE LOITERING. WE PROVIDE AMPLE RECEPTACLES FOR OUR WITH NOR SOME REASON CAUSE ANY NEIGHBORHOOD TRASH PROBLEMS WE’LL ARE HAPPY TO WORK WITH CITY STAFF OR OUR NEIGHBORS TO ADDRESS IT. NEXT IS CONCERN ABOUT ODORS. IN-N-OUT RARELY RECEIVES COMPLAINTS ABOUT OUR KITCHEN AROMAS AND WE DO NOT TYPICALLY INSTALL, BUT WE WILL INSTALL KITCHEN SCRUBBERS, YOU WILL FIND THIS ISSUE ADDRESSED BY CONDITION OF APPROVAL NUMBER 31 ON PAGE 5-32 OF THE STAFF REPORT. AS FAR AS ANY ODORS ASSOCIATED WITH OUR TRASH ENCLOSURE, THAT IS SIMPLY NEVER AN ISSUE AT OUR RESTAURANTS. OUR TRASH ENCLOSURES ARE EQUIPPED WITH A SMALL TRASH COMPACTOR AND EASILY MANAGED SMALL TWO AND FOUR CUBIC YARD WASTE RECEPTACLES. JUST AS WE ARE DOING AT THIS PARTICULAR LOCATION WE OFTEN LOCATE THE ENCLOSURES NEAR OUR BACK SERVICE DOOR ADJACENT TO OUR OUTDOOR SEATING SO WE NATURALLY KEEP THE ENCLOSURE CLEAN AND ANY ODORS IN CHECK TO MAKE THE OUTDOOR SEAT BEING AS INVITING AS POSSIBLE. — SEATING AS INVITING AS POSSIBLE. NEXT IS BETTER THAN AN INCREASE IN CRIME CAUSED BY OPERATION OF OUR RESTAURANT. THE PROPOSITION THAT A NEW IN-N-OUT RESTAURANT OPERATING FROM 10:30 A.M. TO 1 A.M. SUNDAY THROUGH THURSDAY AND 10:30 A.M. TO 1:30 FRIDAY AND SATURDAY WILL SOMEHOW INVITE CRIME AND CRIMINALS INTO THE RANCHO LAS PALMAS SHOPPING CENTER HAS NO MERIT. THE OPPONENTS OF OUR PROJECT HAS PROVIDED NO EVIDENCE OF EXTREME CLAIM. IN-N-OUT BURGERS OPERATE 345 RESTAURANTS IN SIX STATES. WITH THAT BREADTH OF OPERATING HISTORY IF IT WAS UNSAFE TO VISIT AN IN-N-OUT RESTAURANT DURING OUR NORMAL OPERATING HOURS THERE WOULD BE A VAST RECORD OF INCIDENTS AND IN-N-OUT WOULD NOT HAVE THE STELLAR REPUTATION IT HAS EARNED AS A CUSTOMER FRIENDLY, FAMILY FRIENDLY RESTAURANT. OUR PRACTICE OF STAYING OPEN LATE BEGAN VERY EARLY AT OUR HISTORY AT STORE NUMBER 1 WHERE HARRY REALIZED THAT IF HE STAYED OPEN. THE VAST MAJORITY OF OUR STORES OPERATE LATE AND WE PROVIDE A SAFE PLACE FOR THOSE LOOKING FOR A LATE MEAL. HERE IN RANCHO MIRAGE THE PEOPLE WHO CLOSE DOWN AND CLEAN THE MAJORITY OF RESTAURANTS AND OTHER BUSINESSES THAT CLOSE AT 7 OR 8 OR 9 O’CLOCK THEY ALL DESERVE A SAFE CLEAN PLACE TO EAT A MEAL BEFORE HEADING HOME. IN OUR EXPERIENCE CRIME IS A COMPLETELY SPURIOUS FEAR AND IN FACT IT IS LIKELY TO BE COMPLETELY THE OPPOSITE. WHY? WELL, THERE ARE VERY FEW PLACES FOR POLICE AND OTHER FIRST RESPONDERS WHO WORK THE NIGHT SHIFT TO SIT IN A WELL LIT DINING ROOM OR PASS THROUGH A WELL LIT PARKING LOT AND DRIVE THROUGH TO TAKE A BREAK OR GET A CUP OF COFFEE OR A MEAL LATE AT NIGHT. IN-N-OUT IS JUST SUCH A PLACE AND IT’S WORTH NOTING THAT COMPANY POLICY IS TO OFFER ALL UNIFORMED LAW ENFORCEMENT OR PLAIN CLOSED OFFICERS SUCH AS DETECTIVES WHO SHOW THEIR BADGE A 50% DISCOUNT ON THEIR ORDERS. THEY ARE IN FACT A BUTTON ON OUR POINT OF SALE REGISTERS SPECIFICALLY FOR OFFERING THIS DISCOUNT. CONCERNS HAVE BEEN EXPRESSTHAT HEADLIGHTS MIGHT SHINE OUT ON MAGNESIA FALLS. DUE TO THE EXISTING BERM AT — THAT’S A THING, HEADLIGHT ANALYSIS, IT IS A THING. DUE TO THE EXISTING BERM AT THE FINAL TURN IN THE DRIVE THROUGH LANE AT CAR NUMBER 7 NO LIGHTS WILL SHINE TOWARDS THE HOME ON MAGNESIA. THIS ANALYSIS DID INDICATE HOWEVER THAT HEADLIGHTS COULD POINT TOWARDS CARS HEADING TO HIGHWAY 111 AFTER LEAVING THE CENTER SO WE ARE INSTALLING A 42 INCH TALL SCREEN WALL STARTING AT CAR NUMBER 7 AND CONTINUING UNTIL THE END OF THE DRIVE THROUGH AT THE PICKUP WINDOW WITH THE BERM IN THE WALL HEADLIGHTS WILL BE FULLY SCREENED FROM VIEW FROM OFFSITE FINALLY IS THE FEAR OF NEGATIVE IMPACT TO NEARBY RESIDENTIAL PROPERTY VALUES. I’M NOT A REAL ESTATE AGENT OR A REAL ESTATE APPRAISER. AROUND I DON’T THINK THAT THE CITIZENS EXPRESSING THIS FEAR ARE, EITHER. THERE’S NO EVIDENCE TO SUPPORT THIS PROPOSITION, AND I DON’T BELIEVE IT REPRESENTS THE MAJORITY OPINION OF YOUR COMMUNE. I’LL WRAP UP. AND I’LL LEAVE YOU WITH WHAT I BRIEF ARE SOME SIGNIFICANT COMMUNITY BENEFITS THAT IN-N-OUT WILL BRING TO THE CITY OF RANCHO MIRAGE. ONE, YOUR COMMUNITY MEMBERS WILL ENJOY A BRAND-NEW ENERGY EFFICIENT ATTRACTIVE RESTAURANT BUILDING THAT HOUSES A FAMILY OWNED FAMILY FRIENDLY RESTAURANT WHICH MANY COMMUNITY MEMBERS SUPPORT AND WHICH DOES NOT SERVE ALCOHOL. TWO, YOUR COMMUNITY MEMBERS WILL BE ABLE TO ENJOY FRESH, HOT, MADE TO ORDER NEVER FROZEN NEVER MICROWAVED IN-N-OUT FOOD WITHOUT HAVING TO TRAVEL TO THOUSAND PALMS, LA QUINTA, INDIO OR ELSEWHERE AND EVEN BETTER THEIR TAX DOLLARS WILL STAY IN RANCHO MIRAGE. THREE, THE IN-N-OUT ENTIRE PREMISES WILL BE NEWLY LANDSCAPES WITH A WATER CONSERVING IRINSTIGATION SYSTEM AND SIGNIFICANTLY MORE TREES AND PLANT MATERIAL THAN EXIST TODAY. FOUR WE WILL INSTALL TWO ELECTRIC VEHICLE CHARGING STATIONS ON OUR PREMISES WITH INFRASTRUCTURE TO INSTALL TWO MORE IN THE FUTURE IF CUSTOMER DEMAND MATERIALIZES FOR IT IN THE FUTURE. LASTLY WE’LL BRING ENTRY LEVEL JOBS TO HIGHLY COMPENSATED STORE MANAGEMENT TEAM TO CORPORATE STORE ADMINISTERING OPPORTUNITIES. WHILE RANCHO MIRAGE HAS A RELATIVELY HIGH ECONOMIC ADVANTAGE, THOSE YOUTH WILL HAVE AN EXCELLENT OPPORTUNITY FOR A FIRST JOB CLOSE TO HOME OR SCHOOL, WHERE THEY WILL LEARN THE VALUE OF HARD WORK AND BE REWARD HE AND MEN TOWARD IN COMPANY CULTURE OF CUSTOMER SERVICE, SERVANT LEADERSHIP TRAINING PROMOTIONAL OPPORTUNITIES FROM WITHIN. SO THAT PRETTY MUCH SUMS UP MY REMARKS. I THANK YOU FOR YOUR TIME AND ATTENTION. WE DO ASK YOU TODAY TO VOTE TO APPROVE OUR PROJECT. THE PROJECT TRAFFIC AND NOISE CONSULTANTS ARE GOING TO COME UP NEXT. GIVE YOU BRIEF OVERVIEWS OF THE TRAFFIC AND NOISE REPORTS AND THEN WE’LL BE AVAILABLE TO ANSWER ANY OF THE QUESTIONS YOU MIGHT HAVE. THANK YOU.>>Mayor Smotrich: THANK YOU. [APPLAUSE]>>GOOD AFTERNOON, KYLE MAYBURY, IRVINE CALIFORNIA. I’M THE PRINCIPAL AND LICENSED TRAFFIC ENGINEER IN THE STATE OF CALIFORNIA. IN THE EFFORT OF TIME I WILL PROVIDE SOME CLARIFICATION. IT APPEARS TO ME THERE WAS KIND OF A MISUNDERSTANDING OF THE TRAFFIC STUDY. I’LL GO THROUGH THOSE QUICKLY AND IF THERE ARE ANY QUESTIONS I’LL BE HAPPY TO ANSWER THEM. AS IT RELATES TO THE PURPOSE FOR THE COMPARISON BETWEEN THE IS ENTITLED 8200 SQUARE FOOT RESTAURANT AND THE IN-N-OUT THE PURPOSE OF THAT WAS TO SHOW THE DIFFERENCE IN TRAFFIC YOU WOULD GET FROM THE IN-N-OUT COMPARED TO THE ENTITLED RESTAURANT WHICH COULD GET BUILT WITHOUT ANY OTHER APPROVALS. SO AND THAT SHOWED ONLY ZERO CHANGE IN A.M. PEAK HOUR TRIPS AND 27 PEAK HOUR P.M. TRIPS. SO FROM AN ANALYSIS STANDPOINT IT HAD NO REAL DIFFERENCE FROM THE QUALITY RESTAURANT TO THE IN-N-OUT. THAT WAS THE PURPOSE. AS IT RELATES TO THE TRAFFIC STUDY, THE FULL TRAFFIC GENERATION FOR THE IN-N-OUT WAS UTILIZED FOR THE ANALYSIS. SO IT WAS NOT A NET ADDITION. AS IT RELATES TO THE FORECASTING WE FORECASTED A YEAR 2020 CONDITION THAT REFLECTS A PEAK SEASON. IT’S CORRECT WE DID AUGUST COUNTS FOR 111 AND MAGNESIA FALLS AND MAGNESIA FALLS AT THE DRIVEWAY BUT WE USED THE FORECASTING THERE THE PRIOR FORECASTING FROM THE PRIOR COUNTS WHICH WAS NOVEMBER, PEAK SEASON, 2020 CONDITION AND WE ADJUSTED THE AUGUST COUNTS TO SHOW A CONSERVATION OF FLOW BETWEEN THE BOACH 111 INTERSECTION AND THE MAGNESIA FALLS 111 INTERSECTION. SO ALL FOUR INTERSECTIONS REFLECTED A 2020 PEAK CONDITION. IRONICALLY SO THAT’S REALLY WHAT WE FELT WAS CONSERVATIVE. AND HIGH RON CLI IT’S SIGNIFICANTLY CONSERVATIVE. I SPOKE WITH THE CITY’S TRAFFIC ENGINEER AND WE GOT SOME CVAG DATA AND THE HOURLY PEAK HOUR VOLUMES THAT WE USED IN THE ANALYSIS WERE AS MUCH AS 800 TRIMS GREATER THAN WHAT THE LATEST CVAG COUNTS HAD. SO THE TRAFFIC COUNT WAS VERY CONSERVATIVE. I BELIEVE THAT WAS IT. AS IT RELATES TO THE 50% ADJUSTMENT THAT WAS JUST FOR TRIPS ASSOCIATED WITH THE CENTER. TO ACCOUNT FOR A SEASONAL ADJUSTMENT. BUT THE CENTER IS 85% OCCUPIED SO THAT 50% ADJUSTMENT TO THE CENTER TRIPS WAS CONSERVATIVE SO WE FEEL THE ANALYSIS WAS VERY CONSERVATIVE AND THE RESULTS SHOWED LEVELS OF SERVICE D OR BETTER AND IN MOST CASES THEY WERE B OR C. I’D BE HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.>>Mayor Smotrich: OKAY.>>THANK YOU.>>GOOD AFTERNOON, MADAM MAYOR, MEMBERS OF THE COUNCIL. CHRIS KARIKIAN ASSISTANT PRINCIPAL, MERIDIAN CONSULTANTS. I’M JUST GOING TO TALK ABOUT THE METHODOLOGY USED FOR THE NOISE ANALYSIS. ALL OF IT? CHRIS KARIKIAN, ASSOCIATE PRINCIPAL DIRECTOR OF AIR QUALITY MERIDIAN CONSULTANTS. AS FAR AS TAKING THE MEASUREMENTS, SECTION 8.45 OF THE CITY’S CODE PROVIDES GUIDANCE AS FAR AS WHERE AND HOW MEASUREMENT SHOULD TAKE PLACE. ONE OF THE REQUIREMENTS IS, THAT A MEASUREMENT SHOULD TAKE PLACE WITHIN THE PROPERTY LINE. SO WE TOOK TWO MEASUREMENTS WITHIN THE PROJECT SITE. ONE AT THE ENTRY WAY, AND ONE IF THERE WAS LEAK OVER AND SO THERE’S TWO MEASUREMENTS THERE. THE OTHER REQUIREMENT FROM THE NOISE ORDINANCE STATES THAT NOISE MEASUREMENT SHOULD TAKE PLACE WITHIN THE POTENTIAL AFFECTED PROPERTIES. AS YOU CAN SEE IN THE FIGURE WE TOOK THREE MEASUREMENTS. ONE ON THE EAST SIDE OF HIGHWAY 111, ONE ON THE WEST SIDE OF HIGHWAY 111, AND ONE OFTEN THE EASTERN AREA ALONG THE RESIDENTIAL AREAS. THE NOISE ORDINANCE ALSO STATES THE TYPE OF METER USED FOR THE MEASUREMENT. IT STATES THAT YOU NEED TO USE TYPE 2 OR BETTER NOISE METER. WE USED A TYPE 1. AS FAR AS COMPARING THE AMBIENT MEASUREMENTS THAT ARE RECEIVED, THE CITY’S NOISE ORDINANCE ALSO HAS THE EXTERIOR LIMITS THAT ARE IDENTIFIED IN THE CITY’S GENERAL PLAN. EXTERIOR NOISE MEASUREMENTS ACTUALLY MIRRORED EACH OTHER. WE ARE CONFIDENCE THAT WE GATHERED DATA THAT WERE REPRESENTATIVE OF WHAT THE PROJECT SITE IS. AS FAR AS THE OPERATIONAL MEFLT METHODOLOGY SHOWS, JIM SHOWED CONTRARY GRAPHICS BILLION WE USED A NOID MODEL CALLED SOUND PLAN. THAT PROGRAM ALLOWS US TO UTILIZE 3D MODELING, WE USE ELEVATION TOPOGRAPHY, EXISTING AND PROPOSED NOISE BARRIERS, AND SO BASED ON THE CHARACTERISTICS OF THE PROJECT WE WERE ABLE TO INPUT MOST OF THOSE NOISE SOURCES SUCH AS CARS PARKING, THE DRIVE-THROUGH QUEUE, THE TRASH COMPACTOR, THE SPEAKER BOX AND PEOPLE SPEAKING. AND SO THE CONTOUR GRAPHIC THAT WAS SHOWN, IT ESSENTIALLY SHOWS THE NOISE OPERATING 100% WITHIN THE OPERATIONAL HOURS OF THE PROJECT. AND SO THAT’S WHAT THAT FIGURE DEPICTS. AND AS YOU CAN SEE THE NOISE ESSENTIALLY STAYS WITHIN THE PROJECT SITE. I REMAIN AT YOUR DISPOSAL IF YOU HAVE ANY OTHER QUESTIONS RELATED TO AIR QUALITY AND NOISE. THANK YOU.>>Mayor Smotrich: OKAY, SO ARE THERE ANY QUESTIONS OR COMMENTS FROM COUNCIL?>>Councilmember Townsend: NO, I THINK THEY COVERED IT ALL VERY WELL, THANK YOU FOR YOUR PATIENCE AND FOR ALL THE INFORMATION AND WORKING WITH WITH THE THECITY, WITH THE RESIT YOU HAVE WORKED WITH THIS COIJT WITH THIS STAFF FOR MANY, MANY MANY, MANY MONTHS. I APPRECIATE ID AND I HOPE THAT EVERYBODY DOES APPRECIATE ALL IE EVERYBODY APPRECIATES THAT YOU HAVE, WITH THIS DEVELOPMENT WITH THE CITY COUNCIL AND WITH THE RESIDENTS OF PLIFNING TO THEM AND ADDRESSING THEIR CONCERNS, THANK YOU.>>Mayor Smotrich: THANK YOU. ARE THERE ANY QUESTIONS OR COMMENTS HERE? OKAY, NO, TED, NOTHING? YES JUST A SECOND. I HAVE ONE QUESTION THOUGH. AND THIS IS FOR JIM. BECAUSE A COUPLE OF COMMENTS WERE MADE IN REGARD TO THE STUDIES THAT WERE DONE BY COMPANIES, AND IT WAS THOUGHT THAT PERHAPS THESE IN-N-OUT BURGER MIGHT BE A PARENT COMPANY TO ANY OF THESE STUDY COMPANIES, IS THERE TRUE OR NOT?>>MY GOSH NO. WE DON’T HAVE ANY INTEREST IN ANY OF THOSE COMPANIES. MERIDIAN WHO DID DID AIR QUALITY NOISE AND GREENHOUSE GAS. THEY WORK ALL THROUGH CALIFORNIA. IN FACT I THINK THEY WORK FOR MANY MUNICIPALITIES AS WELL AS APPLICANTS. SO YOU KNOW THEIR INTEGRITY IS UNIMPEACHABLE. STAFF LOOKED AT IT VERY CRITICALLY. AS FAR AS THE TRAFFIC CONSULTANT GOES, SAME THING. WE HAVE NO INTEREST IN THAT FIRM. WE ACTUALLY HAD NOT WORKED WITH THAT FIRM BEFORE. WE THOUGHT IT PRUDENT TO EMPLOY THEM FOR OUR ANALYSIS BECAUSE THEY HAD BEEN INVOLVED PREVIOUSLY WITH REVITALIZATION OF THE SHOPPING CENTER. THIS IS FIRST TIME WE WORKED WITH THAT FIRM.>>Mayor Smotrich: OKAY SO PEOPLE CAN REST ASSURED THERE IS NO CONNECTION, THESE ARE ALL INDEPENDENT COMPANIES THAT ARE DOING THESE STUDIES.>>100%, CORRECT.>>Mayor Smotrich: THANK YOU SO MUCH. OKAY SO NOW PERHAPS WE CAN MOVE TO EITHER ISAIAH OR TO STEVE TO CLARIFY SOME THINGS THAT MIGHT HAVE BEEN QUESTIONED.>>I’LL GO FIRST STEVE. THERE IS JUST A COUPLE OF COMMENTS THAT WERE BROUGHT UP. ONE OF THEM DEALT WITH SIGNAGE AND SOME ARROWS THAT WERE ADDED TO THE NEVER. THERE WAS REFERENCE TO A CITY PROJECT THAT WAS NOT A CITY PROJECT THAT WAS DONE BY THE CENTER NOT THE CITY OF RANCHO MIRAGE. THERE WAS ALSO SOME COMMENTS ABOUT SOME BUS STOPS. THOSE ARE UNDER PURVIEW OF THE SUN LINE TRANSIT AGENCY. AND RANCHO MIRAGE DOES HAVE SURFACE FOOD RESTAURANTS WITH DRIVE THROUGHS IN OTHER LOCATIONS IN THE CITY. AND THERE WAS SOME CRIME DATA THAT CLEARLY HAD DATA BEING USED FROM OUTSIDE OF RANCHO MIRAGE.>>Mayor Smotrich: THANK YOU ISAIAH. AND NOW TO STEVE. AND STEVE IS OUR CITY ATTORNEY. STEVE QUINTANILLA.>>THANK YOU, MADAM MAYOR. I KNOW THAT EVERYBODY HAS BEEN WAITING EAGERLY TO HEAR FROM ME. AND I’VE BEEN LISTENING TO EVERYTHING OUT THERE. I GREW UP IN A FAMILY OF 13 SIBLINGS. 12 SIBLINGS AND A DAD CONSTANTLY YELLING AT MY SIX BROTHERS AND THINKING YOU KNOW THEY DON’T HEAR WHAT HE’S SAYING. I HEARD EVERY WORD MY DAD SAID. IN ANY EVENT, BEFORE I GET INTO MY ANALYSIS OF THE LEGAL ISSUES, AND I’LL PARTICULARLY TOUCH UPON CEQA, I JUST WANT TO LET EVERYBODY KNOW THAT I’VE HAD THE PLEASURE WORKING WITH THESE COUNCILMEMBERS FOR A VERY LONG TIME, WORKING ON A NUMBER OF VERY COMPLICATEISSUES. YOU KNOW SUCH AS THE RITZ CARLTON, THIS PARTICULAR PROJECT EARLY-ON, AND A NUMBER OF OTHER PROJECTS. AND I KNOW IT MAYBE SOUNDS SELF SERVING BUT FOR WHAT IT’S WORTH I JUST WANT TO REASSURE EVERYBODY OUT THERE THAT EACH ONE OF THESE COUNCILMEMBERS HERE ARE GOOD, DECENT, AND SELFLESS PEOPLE. AND THEY DON’T NEED TO DO THIS. THEY WANT TO DO IT. THEY WANT TO DO IT BECAUSE THEY REALLY GENERALLY BELIEVE IN DOING SOMETHING GOOD FOR THIS COMMUNITY. AND I THINK THAT I WOULD — IF I LIVED IN THIS COMMUNITY, I WOULD BE VERY HONORED TO HAVE THEM REPRESENTING ME. SO I JUST WANT TO THROW THAT OUT THERE BECAUSE I JUST WANT TO — BECAUSE I HEARD ISSUES. I HEARD THE WORD CORRUPTION OUT THERE. I TELL YOU THERE IS NO HINT OR CONSENT OF CORRSCENT OF CORRUPTS DAIS. WITH THAT SAID, I HOPE YOU DON’T FIRE ME HOW. I JUST DON’T KNOW WHERE TO START BECAUSE THERE ARE A LOT OF ISSUES RAISED OUT THERE. CEQA IS THE BIG ISSUE AND I’LL DEFINITELY TOUCH ON THAT BUT THERE ARE OTHER ISSUES THAT CAME OUT WITH RESPECT TO ZONING, THERE ARE OTHER ISSUES WITH RESPECT TO THE CONDITIONAL USE PERMIT, THERE ARE ISSUES ABOUT TRAFFIC, AIR QUALITY, WATER QUALITY, NOISE, AND ALL I CAN SAY, THOSE ISSUES HAVE BEEN ADDRESSED IN THE STAFF REPORT. AND I’M NOT QUALIFIED TO DISCUSS OR ADDRESS OR ANSWER ANY OF THOSE QUESTIONS WITH RESPECT TO THE CONCLUSIONS REACHED IN THOSE VARIOUS STUDIES. BUT WHAT I CAN COVER IS, I CAN COVER THE PROCEDURES THAT THE CITY HAS TO FOLLOW, AND THE DETERMINATIONS THAT THIS COUNCIL HAS TO MAKE BEFORE IT REACHES A DECISION. NOW, WHAT WE’RE CONSIDERING HERE IS A PROJECT. AND SOMEBODY, ONE OF THE ATTORNEYS BROUGHT UP THE ISSUE OF THE PROJECT. AND THERE WAS A CLAIM MADE THAT WE ARE SEGREGATING OR PIECEMEALING THE PROJECT. THEY ARE TWO LEGAL TERMS THAT ARE USED OFTEN IN COURT TO DEFEAT A CEQA DETERMINATION BY THE CITY COUNCIL. THAT MEANS, CEQA MEANS CALIFORNIA ENVIRONMENTAL QUALITY ACT. THAT’S A STATE LAW THAT REQUIRES THAT A PROJECT, EVERY PROJECT IN CALIFORNIA OR MOST PROJECT IN CALIFORNIA, WHERE THE CITY COUNCIL MAKES A DISCRETIONARY DECISION, HAS TO BE ANALYZED UNDER THIS LAW. AND WHAT THIS LAW REQUIRES, IF THE LAW REQUIRES THE CITY TO CONSIDER THE PROJECT, AND LOOK AT THE PROJECT IN A THE CONTEXT OF THE ENVIRONMENT IN WHICH IT IS GOING TO BE AND THEY HAVE TO MAKE THE ASSESSMENT AS TO WHETHER OR NOT THAT PARTICULAR PROJECT IS GOING TO HAVE ANY SIGNIFICANT IMPACTS. AND SIGNIFICANT IMPACT IS A LEGAL TERM, ON THE ENVIRONMENT. THEY LOOK AT TRAFFIC ISSUES. THEY LOOK AT AIR QUALITY. THEY LOOK AT NOISE. THEY LOOK AT WATER. THEY LOOK AT A VARIETY OF ISSUES. SO THAT’S THE CHALLENGE THEY HAVE UP HERE. BUT THE PROJECT IN THIS CASE, UNDER CEQA, IS DESCRIBED AS THE WHOLE OF ALL THE ACTIONS. HERE, THE PROJECT IS DESCRIBED AS THIS ZONE TEXT AMENDMENT THAT’S BEING PROPOSED WHICH IS ESSENTIALLY TO ALLOW FAST FOOD DRIVE-THROUGH RESTAURANT IN A PROJECT, THIS SHOPPING CENTER THAT ALREADY ALLOWS RESTAURANTS AND ALREADY ALLOWS DRIVE-THROUGHS. SO THE PURPOSE OF AMENDING THE ZONING TEXT, THE ACTUAL LANGUAGE, TEXT OF THE ZONING IS TO ALLOW DRIVE-THROUGH RESTAURANTS. AGAIN, RESTAURANTS ARE PERMITTED AND DRIVE-THROUGHS ARE PERMITTED. IN ADDITION, THE COUNCIL IS LOOKING AT A DEVELOPMENT AGREEMENT AND THE DEVELOPMENT AGREEMENT AS THE REPRESENTATIVE OF IN-N-OUT MENTIONED IS A STATUTORY AGREEMENT, IT IS AN AGREEMENT THAT CITIES ARE ALLOWED TO ENTER INTO WITH DEVELOPERS, IN CALIFORNIA, AND A LOT OF STATES THAT CAN’T DO THAT. AND IT’S AN AGREEMENT THAT IS NEGOTIATED, IT’S LIKE YOUR BASIC CONTRACT. WE HAVE TO NEGOTIATE THIS AGREEMENT WITH THE DEVELOPER. WE CANNOT FORCE THAT AGREEMENT ON THE DEVELOPER. AND IN THAT DEVELOPMENT AGREEMENT, WE DEAL WITH THIS WHAT-IF SITUATION. WHAT IF WE HAVE A PROBLEM ON HIGHWAY 111 ON THE TRAFFIC, THAT WE DON’T ANTICIPATE THAT WE WILL HAVE CURRENT BASED ON THE TRAFFIC STUDIES. BUT WHAT IF THAT HAPPENS? WELL, IF THAT HAPPENS, WE’RE GOING TO DEAL WITH THE ISSUE AND WE’RE GOING TO COME UP WITH A SOLUTION. EVEN IF IT GOES AS FAR AS HAVING TO CLOSE OFF THAT EXISTING DRIVEWAY ON HIGHWAY 111 OR OTHER ACCESS. SO WE WILL WORK THOSE ISSUES OUT AND THERE WILL BE CONTRACTUALLY OBLIGATED TO WORK WITH THE CITY RESOLVING THAT ISSUE. SO THAT IS A WHAT-IF CONDITION. NOW HAD WE IDENTIFIED IN OUR ENVIRONMENTAL ANALYSIS THAT THAT WAS A REAL POTENTIAL OF HAPPENING, WE CAN FORCE THE DEVELOPER TO TAKE CARE OF THAT ISSUE RIGHT NOW. BUT OUR ANALYSIS DIDN’T SHOW THAT THAT IS GOING TO HAPPEN. AND I KNOW A LOT OF PEOPLE MAY DISAGREE, AND THAT’S TYPE. I’M JUST TAUGHTING THAT’S WHAT WE SEE IN THE STUDY. STATINGS TE SEE IN THE STUDY. A CEUMS ALLOWS THE DEVELOPER TO DEVELOP THIS PARTICULAR PROJECT BUT SUBJECT TO VARIOUS CONDITIONS THAT ARE DESIGNED TO MITIGATE ANY PROBLEMS WE PROBLEMS WE MAY HAVE. AND THE CONDITIONAL USE PERMIT USUALLY DEALS WITH THE OPERATIONAL ISSUES OF THE PROJECT. WHEREAS, WE HAVE A PRELIMINARY DEVELOPMEPRELIMINARYDEVELOPMENTH DEALS WITH THE PHYSICAL ASPECTS OF THE BUILDING, DEALING WITH WHAT COLOR IT’S GOING TO BE, RED AND WHITE, AND SOME PARKING ISSUES. SO THAT’S WHAT CONSTITUTES A PROJECT. SO WE HAVE TO CONSIDER ALL OF THESE ENTITLEMENTS, ALL OF THESE DECISIONS AND ALL OF THESE ACTIONS AS ONE PROJECT. AND THIN WE HAVE TO ANALYZE THAT PROJECT, THE WHOLE OF THESE ACTION HE UNDER CEQA. S UNDER CEQA. THAT IS WHAT A CITY HAS TO DO WHEN THEY REVIEW A PROPOSED DEVELOPMENT PROJECT, WHAT DO WE HAVE TO UNDER CEQA. AGAIN WE ARE LOOKING AT THESE POTENTIAL ENVIRONMENTAL IMPACTS ON THE ENVIRONMENT THAT WILL LIKELY BE CAUSED BY THE PARTICULAR DEVELOPMENT PROJECT. WELL CEQA ALSO ALLOWS OR ACTUALLY REQUIRES THE STATE RESOURCES AGENCY TO COME UP WITH EXEMPTIONS. AND THESE EXEMPTIONS ARE BASICALLY — INVOLVE PARTICULAR KINDS OF PROJECTS THAT HAVE BEEN IDENTIFIED THROUGH HISTORY AND THROUGH PRACTICE AND GENERALLY DO NOT HAVE SIGNIFICANT ENVIRONMENTAL IMPACTS ON THE ENVIRONMENT. AND SO THERE’S A LIST OF THEM. AND THERE’S A LIST OF THEM THAT ARE INCLUDED IN WHAT IS CALLED THE CEQA GUIDELINES. LIKE EVERY STATE LAW HAS A SET OF GUIDELINES. HERE WITH CEQA WE HAVE THESE GUIDELINES THAT BASICALLY GUIDE THE CITY OR THE DECISION MAKING BODY INTO — YOU KNOW, THROUGH THE PROCESSING. AND ONE OF THE EXEMPTIONS THAT ARE INCLUDED IS WHAT YOU’VE HEARD THIS CLASS 32 INFILL DEVELOPMENT PROJECT EXEMPTION. WELL, IT’S BEEN DETERMINED BY STAFF THAT THIS IS TRULY AN INFILL DEVELOPMENT PROJECT. AND THEREFORE IT FALLS UNDER THIS EXEMPTION. SO WHAT HAPPENS WHEN THERE’S AN EXEMPTION? WELL, WHEN THERE’S AN EXEMPTION THAT MEANS WE DON’T HAVE TO GO THROUGH THE CEQA PROCESS. WHICH MEANS, WE DON’T GET TO THE ISSUE OF WHETHER OR NOT WE HAVE TO — I MEAN, WE DON’T GET TO THE ISSUE OF REQUIRING AN ENVIRONMENTAL IMPACT REPORT OR A MITIGATION — A MITIGATED NEGATIVE DECLARATION OR A NEGATIVE DECLARATION. THE EXEMPTION MEANS WE DON’T HAVE TO GO THROUGH THAT PROCESS. NOW UNDER CEQA, THERE’S NO REQUIREMENT THAT THAT EXEMPTION HAS TO BE A DECISION MADE BY THE CITY COUNCIL. THAT EXEMPTION COULD HAVE BEEN MADE BY STAFF. AND NOT BE BROUGHT TO THE CITY COUNCIL. BUT, YOU KNOW, AS — OUT OF AN ABUNDANCE OF CAUTION IT WAS DECIDED THAT NO, LET’S BRING THAT EXEMPTION TO THE CITY COUNCIL AND ILLEGALITIES BE VERY TRANSPARENT ABOUT THIS. AND TALK TO EVERYBODY ABOUT WHY WE BELIEVE THIS EXEMPTION APPLIES. NOW, I’VE RECEIVED, I CAN’T REMEMBER, I GET TWO LETTERS FROM TWO LAW FIRMS IT’S LIKE TEN LETTERS. BUT I’VE RECEIVED YOU KNOW PAGES OF OPINION ABOUT WHETHER OR NOT THIS EXEMPTION APPLIES TO THIS PARTICULAR PROJECT. AND SO THAT BROUGHT TO MY ATTENTION THAT IT’S PROBABLY IMPORTANT THAT WE DEFINE OR DESCRIBE WHY THAT EXEMPTION APPLIES. WE DON’T HAVE TO DO THIS BUT AGAIN IN THE ISSUE OF TRANSPARENCY IT IS PRUDENT TO DO THAT. SO WHAT I WOULD LIKE TO DO AND THIS ISSUE CAME UP AT THE PLANNING COMMISSION COMMITTEE MEETING. I THOUGHT OH YOU KNOW WHAT WE HAVE AN OPPORTUNITY TO DO A CITY COUNCIL STAFF REPORT. AND IN THAT STAFF REPORT WE CAN SET FORTH SOME SUGGESTED FINDINGS THAT THE COUNCIL COULD MAKE TO KIND OF SHORE UP THAT DETERMINATION THAT YES, THIS FALLS UNDER THAT CATEGORICAL EXEMPTION. AND SO — AND I HAD TO TELL YOU, THE TWO LETTERS I RECEIVED FROM THE TWO LAW FIRMS, SLOVAK AND BARON AND I THINK THE OAT ONE IS A SOLO PRACTITIONER. THEY ARE WHAT CEQA IS ALL ABOUT AND SO I THINK THEY’RE OUTSTANDING AND IF I WAS A LAW PROFESSOR I’D GIVE THEM SOME, YOU KNOW, A’S. BUT THE PROBLEM FOR ME IS I DISAGREE WITH THEIR APPLICATION TO THIS PARTICULAR PROJECT. I RESPECTFULLY DISAGREE WITH THE APPLICATION TO THIS PROJECT. BECAUSE WHEN I LOOK AT THE STAFF REPORT AND I READ THE STUDIES WHICH ARE VERY DIFFICULT FOR ME TO UNDERSTAND BECAUSE I’M NOT AN ENGINEER I CONCLUDED IN MY MIND AS THE ATTORNEY THAT THERE IS SUBSTANTIAL EVIDENCE IN THIS ENTIRE ADMINISTRATIVE RECORD WHICH INCLUDES THIS, YOU KNOW, THIS IS OUR STAFF REPORT HERE. WITH ALL THE LETTERS THAT WERE SUBMITTED, WITH THE STUDIES, SO EVERYTHING THAT PERTAINS TO THIS DECISION WITH RESPECT TO THE JIM AND THE ZONING CODE IS HEREBY, THEY ARE MAKING THE DECISION BASED ON THIS. BASED ON MY REVIEW OF THIS AND BASED ON THE LETTERS THAT WERE SUBMITTED IT’S MY OPINION THAT THERE IS SUBSTANTIAL EVIDENCE IN THE RECORD TO SUPPORT THAT THIS PROJECT IS CA CATEGORICALLILY EXEMPT. HOW CAN THIS APPLY WITH THE CURRENT ZONING REGULATIONS, HOW CAN THIS COMPLY WITH THE GENERAL PLAN WHEN YOU ARE PROPOSING A CHANGE IN THE ZONE TEXT WHICH IS REALLY GOING TO ALLOW A USE THAT, ON THE BOOKS, DOESN’T LOO? ALBEIT THAT RESTAURANTS ARE ALLOWED AND DRIVE THROUGHS ARE ALLOWED. SO NOW WE ARE — BECAUSE WE HAVE TWO DRIVE THROUGH FACILITIES OUT THERE RIGHT NOW, CVS AND STARBUCKS. SO WE’RE ALLOWING THE RESTAURANTS RIGHT THERE AND ALLOWING THE EXISTING USE WHICH IS A RESTAURANT, WE’RE MARRYING THEM. THERE IS NO NEED TO CHANGE THE ZONING SO THE ZONING IS GOING TO REMAIN THE SAME. WHAT’S GOING TO CHANGE IS THE OPERATIONAL STANDARDS ASSOCIATED WITH THE USE THAT’S CURRENTLY PERMITTED AND THAT ARE RESTAURANTS. AND WE’RE GOING TO ALLOW THEM TO HAVE DRIVE THROUGHS JUST LIKE THE STARBUCKS CURRENTLY HAS AND JUST LIKE THE CVS CURRENTLY HAS. SO THOSE KIND OF USES ARE PERMITTED UNDER THE ZONING. AND THOSE KIND OF USES ARE INHERENTLY CONSISTENT WITH OUR GENERAL PLAN POLICIES. NOW I KNOW THAT WHEN WE END UP IN COURT THERE’S GOING TO BE THAT ARGUMENT, IT IS A RATIONAL REASONABLE ARGUMENT AND WE’RE BOTH GOING TO KEEP OUR FINGERS CROSSED AND HOPE WE ARE GOING TO WIN BUT THAT’S MY DETERMINATION. I FEEL VERY CONFIDENT THAT A JUDGE WOULD SIDE WITH US ON THIS. AND I UNDERSTAND WHERE YOU GUYS ARE COMING FROM OUT THERE, THE OTHER ATTORNEYS. BUT I THINK THAT’S IMPORTANT TO STATE FOR THE RECORD THAT WE’RE JUST NOT STICKING THIS UNDER THE RUG AND IGNORING IT. WE’RE OUT IN THE OPEN AND WE INCLUDE THOSE SPECIFIC FINDINGS, THAT SUPPORT THE FACT THAT IT’S CATEGORICALLY EXEMPT. I’M LOOKING FOR THE FINDINGS. I CAN’T FIND THE FINDINGS. HERE WE GO. IN ANY EVENT I’LL FIND THEM HERE. BUT HERE ARE THE REQUIREMENTS THAT APPLY FOR THE FACTORS THAT HAVE TO APPLY FOR AN INFILL DEVELOPMENT PROJECT. THE PROJECT HAS TO BE CONSISTENT WITH THE APPLICABLE GENERAL PLAN DESIGNATION AND ALL APPLICABLE GENERAL PLAN POLICIES AS WELL AS THE APPLICABLE ZONING DESIGNATION AND REGULATIONS. THE PROPOSED DEVELOPMENT OCCURS WITHIN CITY LIMITS ON A PROJECT SITE OF NO MORE THAN FIVE ACRES, WE’RE 1.5 ACRES, SUBSTANTIALLY SURROUND HE BY URBAN USES, ITO THERE IS A RESIDENTIAL COMMUNITY OVER THERE BUT OUR LARGEST COMMERCIAL CENTER THE RIVER IS BASICALLY ACROSS THE STREET AND WE HAVE MAJOR HOTEL RESORT DOWN THE STREET, OUR BUSIEST INTERSECTION IN THE CITY IS BOB HOPE, AND HIGHWAY 111, I THINK IT’S ONE OF THE BUSIEST IN THE VALLEY. AND OUR MAJOR CORRIDOR IS HIGHWAY 111, AND IT SITS RIGHT IN FRONT OF THIS PROJECT AND BOB HOPE IS ONE OF OUR MAJOR NORTH SOUTH CORRIDORS. AND THE PROJECT SITE HAS NO VALUE, AS HABITAT FOR ENDANGERED RARE OR THREATENED SPECIES, I DON’T THINK THAT’S AN ISSUE. THE APPROVAL OF THE PROJECT WOULD NOT RESULT IN SIGNIFICANT EFFECTS RELATING TO AIR QUALITY OR WATER QUALITY. I KNOW THAT’S A BIG ISSUE OF DISPUTE OVER THAT. AND WHAT I’M LOOKING AT IS I’M LOOKING AT THE STUDIES THAT WERE PERFORMED, THAT WERE PREPARED FOR THIS PROJECT, AND I BELIEVE THAT THOSE STUDIES, BASED ON THE FACE OF IT, PROVIDE THAT SUBSTANTIAL EVIDENCE WE NEED TO MAKE THE DETERMINATION THAT THIS PARTICULAR FACTOR APPLIES TO THIS PARTICULAR SITUATION. AND THE FIFTH REQUIREMENT IS THE SITE CAN BE QUALITY SE ADEQUATE. CVD IS PROVIDING SIGNIFICANT SERVICES, WE HAVE OUR SOUTHERN CALIFORNIA EDISON, WE PROVIDE OTHER SERVICES, THAT’S NOT AN ISSUE. I THINK THE ISSUE IS WHETHER IT COMPLIES WITH THE GENERAL PLAN POLICIES, ZONING REGULATION AND WHETHER THERE’S GOING TO BE SIGNIFICANT IMPACT ON TRAFFIC& NOISE AIR QUARTER AND WATER QUALITY. QUALITY AND WATER QUALITY. BUT WHAT’S GOING TO BE APPLIED BY THE COURT IS WHETHER THERE IS SUBSTANTIAL EVIDENCE IN THE RECORD. I’LL TAKE A SHORT PERIOD OF TIME DESCRIBING WHAT SUBSTANTIAL EVIDENCE MEANS. BECAUSE I WANT EVERYBODY TO KNOW THAT YOUR INPUT IS VERY IMPORTANT. AND IT’S ALWAYS GOOD FOR THE PUBLIC TO SHOW UP AND COMMENT ABOUT THESE PROJECTS. AND OFFER YOUR OBSERVATIONS ABOUT THE PROJECT. BECAUSE WHEN WE LOOK AT SUBSTANTIAL EVIDENCE, WE ARE REQUIRED, THIS COUNCIL WHEN IT MAKES ITS DECISION, THEY HAVE TO LOOK AT THE STAFF — THEY HAVE TO READ THE STAFF REPORT, THEY HAVE TO READ ALL THESE STUDIES, THEY LOOK AT THE RECOMMENDATION OF THE PLANNING COMMISSION, THEY LOOK AT ALL THE LETTERS THAT WERE SUBMITTED. THEY LOOK AT THE — REVIEW THE PORTIONS OF THE GENERAL PLAN AND WE MAKE IT EASY FOR THEM BY INCLUDING IT IN THE STAFF REPORT. BUT SUBSTANTIAL EVIDENCE IS BASICALLY ANY EVIDENCE THAT IS RELEVANT TO THE PROJECT. IT’S EVIDENCE THAT’S REASONABLE THE NATURE, EVIDENCE THAT’S CREDIBLE. SOLID VALUE. IT INCLUDES EXPERT OPINIONS SUCH AS THE CONSULTANTS WE HAD HERE TODAY. IT INCLUDES — AND THEIR STUDIES. AND WE HAVE VARIOUS STUDIES THAT WE ARE RELYING ON SUCH AS THE TRAFFIC ASSESSMENT STUDY, THE NOISE STUDY, AIR QUALITY AND GREENHOUSE GAS SIGNALS. INPUT FROM THE PUBLIC. THE COURTS CONSIDER THAT TO BE VERY IMPORTANT IN DETERMINING WHETHER OR NOT THERE IS SUBSTANTIAL EVIDENCE. AND THE INPUT FROM THE PUBLIC, WE CAN YOU KNOW, WE CAN BASE OUR DECISION ON YOUR OWN PERSONAL OBSERVATIONS. BECAUSE YOU LIVE THERE. WE CAN BASE IT ON YOUR OWN PERSONAL EXPERIENCES THAT YOU SHARE WITH US. WE COULD EVEN BASE IT ON YOUR PERSONAL NONTECHNICAL OPINIONS ABOUT THE PROJECT. SO AGAIN, AS LONG AS THE INFORMATION THAT’S — OR THE TESTIMONY THAT’S BROUGHT HERE, AS LONG AS IT’S RELEVANT, REASONABLE, CREDIBLE, AND OF SOLID VALUE, THE COUNCIL CAN FACTOR THAT IN TO THEIR DETERMINATION AS TO WHETHER OR NOT THAT CONSTITUTES SUBSTANTIAL EVIDENCE. SO THAT’S THE ROLE OF THE CITY COUNCIL, IS TO CONSIDER ALL OF THE INFORMATION THAT IT RECEIVES, THROUGH ITS STAFF AND THROUGH ITS CONSULTANTS, AND THROUGH ALL THE INPUT THAT WAS PROVIDED HERE TODAY. THEY ARE THE ONES WHO HAVE THE FINAL SAY. THEY HAVE THE DESCRIT DISCRETIOY AUTHORITY TO DETERMINE THE EVIDENCE. IT IS A REALLY CHALLENGING DIFFICULT BALANCING EXERCISE TO GO THROUGH. BECAUSE NOT EVERYBODY’S HAPPY WITH THE FINAL DECISION. SOMEBODY HAD ASKED ME TO ADDRESS THE ISSUE OF ZONING. BECAUSE SOMEBODY HAD — I HEARD SOMEBODY MENTION SOMETHING ABOUT WE’RE REALLY REZONING. AND SO WHAT THE LAW LOOKS AT ZONING, THERE’S TWO TYPES OF WAYS TO ZONE OR TO REZONE. YOU COULD REZONE BY JUST CHANGING THE EMPI ENTIRE CATEGOE ARE NOT CHANGING THE COMMERCIAL ZONING SO IT’S NOT A ZONE CHANGE SO THAT’S SIGNIFICANT IN THE CONTEXT OF ANY LITIGATION OVER THIS ISSUE. AND THEN THERE ARE ZONE TEXT AMENDMENTS WHICH IS WHAT WE’RE PROPOSING. AND AGAIN, THAT’S AMENDING THE TEXT OF A ZONING THAT CHANGES THE USE, WHICH IN THIS CASE, ACTUALLY FAST FOOD RESTAURANTS DO ALLOW DRIVE THROUGHS, RIGHT? AND SO PART OF THIS REZONING IS TO — IS BASICALLY IN ALLOWING THESE TWO TYPES OF USES, ACTIVITIES, DRIVE THROUGHS AND RESTAURANTS PUT TOGETHER, ON ONLY ACRES, 15 ACRE PARCELS, OR PARCELS OF 15 ACRES OR MORE, ZONED THE SAME KIND OF COMMERCIAL. THE OTHER ISSUE AND WITH RESPECT TO ZONING, COUNCIL HAS BASICALLY UNFETTERED DISCRETION TO DETERMINE WHAT THEY BELIEVE IS PROPER FOR THAT PARTICULAR AREA, FROM A ZONING PERSPECTIVE. BECAUSE ZONING IS A PURE POLICY DECISION. SO BUT I KNOW THAT THIS COUNCIL WILL CONSIDER ALL THIS EVIDENCE THAT THEY BROUGHT IN AND BEFORE THINK MAKE THAT DECISION. I’VE WORKED WITH COUNCILS THAT HAVE JUST — DIDN’T CARE, THEY JUST REZONED SOMETHING AND THEY KNEW THEY COULD REGRET AWAY WITH IT. I KNOW THEY’VE GIVEN A LOT OF THOUGHT TO THIS AND –>>Councilmember Townsend: STEVE.>>YES.>>Councilmember Townsend: THERE WAS A QUESTION WE HAVE NO RIGHT TO DO THAT. YOU WANT TO ADDRESS THAT?>>YOU HAVE A RIGHT TO DO THAT.>>Councilmember Townsend: THANK YOU.>>THEY HAVE A LOT OF DISCRETION WHEN IT COMES THE ZONING ISSUES. WHEN THEY DON’T HAVE A LOT OF DISCRETION IS WHEN THEY CONSIDER A PRELIMINARY DEVELOPMENT PLAN OR CONDITIONAL USE PERMIT. BUT THAT ISSUE COMES UP IN THE CONTEXT OF WHEN AN APPLICANT IS CHALLENGING OUR DISCRETION. WHEN THEY SEE THAT WE ARE CHALLENGING TOO MANY CONDITIONS, THEY CAN RAISE THAT ISSUE. THETHEY ARE THE LEGISLATIVE BODF THE CITY AND THAT’S CONSIDERED TO BE A POLICY DECISION SO THEY REALLY HAVE A LOT OF DISCRETION TO DO THAT. SO YOU DO HAVE THE LEGAL ABILITY TO DO THAT. NOW THE LAST ISSUE I’D LIKE TO ADDRESS IS THAT — HAS TO DO WITH SPOT ZONING. SPOT ZONING, I THINK AND THIS IS A REALLY EASY ISSUE TO GET MIXED UP AND I HAVE GOTTEN THIS MIXED UP FOR THE FIRST TEN YEARS OF MY CAREER WITH RESPECT TO SPOT ZONING. SPOT ZONING IS WHEN YOU HAVE A PARCEL AND YOU GIVE THAT PARCEL BASICALLY LESS RIGHTS TO DEVELOP THAN THE SURROUNDING PARCELS. WHO RAISES THAT ISSUE? TYPICALLY IT’S THE APPLICANT-DEVELOPER WHO ALLEGES SPOT-ZONING. THEY ARE BASICALLY THE ONES WHO HAVE THE STANDING TO RAISE THAT ISSUE. THAT ISSUE HAS NOT COME UP FROM THE DEVELOPER SO FROM MY PERSPECTIVE IT REALLY DOES NOT PRESENT ANY LEGAL PROBLEMS FOR THE CITY. BUT I JUST WANTED TO CLARIFY THAT ISSUE WITH EVERYONE BECAUSE THAT ISSUE’S BEEN BROUGHT UP. I MEAN I THINK IT IS A GOOD ISSUE TO BRING UP. ANY ATTORNEY, RATIONAL ATTORNEY IN LAND USE WILL ALWAYS BRING THAT ISSUE UP. BUT JUST FOR EVERYBODY’S SAKE, I BRIEF THATIBELIEVE THAT SPOT ZOS SOMETHING THE APPLICANT RAISES WHEN THEY ARE GETTING DOWN ZONED AND EVERYBODY AROUND THAT PROJECT IS GETTING A LOT BETTER, NOR RIGHTS, DEVELOPMENT-WISE. SO ARE THERE ANY QUESTIONS THAT YOU WANT ME TO ADDRESS? BECAUSE AGAIN I BELIEVE THAT THE SECTION 32 IN AFFILIATE DEVELOPMENT EXEMPTION APPLIES HERE BASED ON ALL THE INFORMATION THAT I’VE SEEN IN THE STAFF REPORT AND BASED ON THE STUDIES AND BASED ON THE CIRCUMSTANCES OUT THERE.>>Councilmember Weill: I THINK YOU ANSWERED THE QUESTION MAINLY AS IT RELATES TO ZONING, CEQA AND ANY OTHER REQUIREMENTS. AND AN EIR.>>Mayor Smotrich: YOU KNOW THERE WERE SOME COMMENTS ABOUT THAT THIS WHOLE PROJECT WAS RUSHED THROUGH AND THAT THERE WAS NO DE DILIGENCE JENS. AND THERE WAS AN APPLICATION TIME LINE. ARE WE ABLE TO INSTRUCT AN APPLICANT AS TO WHEN THEY CAN SUBMIT THEIR APPLICATION?>>THANK YOU, MADAM MAYOR. THE CITY HAS NO CONTROL OVER WHEN AN APPLICATION IS SUBMITTED FOR OUR REVIEW. HAVE ABSOLUTELY NO CONTROL OVER THAT.>>Mayor Smotrich: SO IT MAY BE DONE IN THE SUMMER, IT MAY ARE DONE IN THE WINTER, ANY TIME THEY CHOOSE AND THEY GOT ALL THEIR DUCKS IN A ROW AND READY FOR SUBMISSION.>>THAT’S CORRECT.>>CouncilmembY , IS THERE A TIME LINE FOR WHEN THAT IS SUBMITTED IS THERE A 30 OR 60 OR 90 DAY SITUATION BEFORE ANYBODY CAN GO FORWARD, OR LOOK AT THIS?>>YES, SO PROJECTS FALL UNDER WHAT’S CALLED THE PERMIT STREAMLINING ACT, STEVE TALKED TO THAT IN THE STAFF REPORT, MAYBE I HE HE CAN MAKE SOME MOE COMMENTS BUT STAFF HAS THE RIGHT TO USHER THIS THROUGH THE PROCESS EXPEDITIOUSLY.>>THE CALIFORNIA STATE LEGISLATURE THEY’RE NOT ALWAYS WISE, BUT THEY ENACTED A LAW CALLED THE PERMIT STREAMLINING ACT A LONG TIME AGO. AND THE WHOLE IDEA BEHIND THE PERMIT STREAMLINING ACT WAS TO REQUIRE THESE LAND USE AGENCIES SUCH AS CITIES AND COUNTIES TO EXPEDITIOUSLY PROCESS PROJECTS. SO ONE OF THE REQUIREMENTS IS THAT WHEN AN APPLICATION COMES ACROSS THE COUNTER WE HAVE 30 DAYS TO DETERMINE WHETHER OR NOT THAT APPLICATION IS COMPLETE. IF WE MISS THAT 30 DAYS THEN WE HAVE TO PROCESS THAT APPLICATION AS THOUGH IT WAS COMPLETE. WE NEVER MISS THAT 30 DAYS. BUT ONCE THE APPLICATION IS DEEMED COMPLETE, THEN THERE’S A SHOT CLOCK. AND TYPICALLY THAT SHOT CLOCK IS LIKE 60 DAYS. AND IF WE DON’T TAKE ACTION ON THAT SHOT CLOCK IN 60 DAYS WE RUN THE RISK THAT THE PROJECT WILL BE APPROVED AS-IS. AND SO THAT’S THE CHALLENGE. AND PARTICULARLY IT’S A BIG CHALLENGE HERE IN THE VALLEY BECAUSE WE HAVE THESE TWO DIFFERENT SEASONS HERE. YOU KNOW? SO BASICALLY WE HAVE NO CONTROL OVER THE TIMING OF WHEN AN APPLICATION IS SUBMITTED. AND WE ALSO HAVE SOME TIME LINES THAT ARE TIED TO THE CEQA ANALYSIS. BUT IN THIS CASE, WE DECLARED IT TO BE EXEMPT.>>Councilmember Townsend: THANK YOU.>>Mayor Smotrich: OTHER COMMENTS, QUESTIONS?>>Councilmember Kite: ARE WE HAVING CLOSING COMMENTS?>>Mayor Smotrich: YES WE ARE AS SOON AS WE ARE FINISHED ASKING ANY QUESTIONS OF STAFF THEN WE CAN MOVE ON TO THE COUNCIL COMMENTS.>>Councilmember Kite: COUNCIL OF COMMENTS BEING A MOTION?>>Mayor Smotrich: WELL, IT WILL BE PART OF THE MOTION. AND YOU’LL GIVE YOUR THOUGHTS, IF YOU WISH TO. AND THEN THE MOTION WILL BE MADE. SO WOULD YOU LIKE TO START, RICHARD?>>Councilmember Kite: I’M GOOD.>>Mayor Smotrich: ANY OTHER COMMENTS OR QUESTIONS TRT STAFF MEMBERS?>>Councilmember Townsend: I THINK EVERYBODY HAS BEEN COVERED FOR THE LAST FIVE HOURS WE’VE DONE PRETTY GOOD.>>Councilmember Weill: I’LL MAKE SOME COMMENTS.>>Mayor Smotrich: THANK YOU TED.>>Councilmember Weill: THANK YOU IRIS. FIRST STEVE THANK YOU FOR THE KIND COMMENT REGARDING THE COUNCIL. I THINK I SPEAK FOR MY COLLEAGUES, THIS TRULY IS A SERVICE THAT WE ALL ADHERE TO BECAUSE WE CARE FOR THE CITY. WE LOVE THE CITY. WE ARE NOT INTERESTED IN THE NEXT RUNG ON SOME POLITICAL LADDER. WE’RE DOING IT BECAUSE WE WANT TO PRESERVE WHAT WE FEEL IS SOMETHING SPECIAL. I’VE BEEN ON THE CITY COUNCIL FOR APPROXIMATELY SEVEN YEARS AND PRIOR TO THAT TIME I WAS ON THE PLANNING COMMISSION FOR SIX YEARS. ALL OF ANY DECIS MY DECISION HAN PREDICATED DURING THAT TIME ON THE QUESTION, IS IT OR SIT NOT, GOOD FOR THE CITY OF RANCHO MIRAGE. IF IT WAS GOOD IT WOULD BE A YES AND IF IT WAS TO, IT WOULD BE A NO. AND I TAKE INTO CONSIDERATION WHAT NEGATIVE EFFECTS OR DOWN SIDE ANY OF THOSE DECISIONS MAY HAVE ON EITHER OUR RESIDENTS OR THE BUSINESSES AND MORE IMPORTANT, HOW THOSE NEGATIVE EFFECTS MAY HAVE BEEN MITIGATED. AS YOU HEARD FROM BOTH THE CITY MANAGER AND THE PUBLIC WORKS DIRECTOR, THERE ARE ALREADY NEIGHBORHOOD TRAFFIC CONCERNS ON THE STREETS ADJACENT AND CLOSEST TO THE SHOPPING CENTER. THE IDEA OF INSTALLING GATES WILL HOPEFULLY MITIGATE THIS ISSUE REGARDLESS OF THE IN-N-OUT OCCUPYING THE SUBJECT SITE. THIS PARTICULAR SHOPPING CENTER AS HAS BEEN NOTED, WAS IN FORECLOSURE FIVE YEARS AGO. YOU’VE HEARD FROM SOME OF THE TENANTS, THERE ARE SOME STILL STRUGGLING. OTHERS HAVE FAILED, AND THE SPACE IS VACANT. IT IS A VERY DIFFICULT RETAIL ENVIRONMENT FOR ALL CITIES, NOT JUST RANCHO MIRAGE. MY VOTE TODAY WILL BE MADE AFTER WEIGHING ALL OF THESE FACTS AND DETERMINING IF THE DECISION IS IN THE BEST INTEREST FOR THE ENTIRE CITY OF RANCHO MIRAGE. WE HAVE GIVE OR TAKE 17,000 RESIDENTS AND I THINK OUR RESPONSIBILITY IS TO TAKE INTO CONSIDERATION ALL OF OUR RESIDENTS, AS WELL AS ANYONE THAT MAY BE INCONVENIENCED AS A RESULT OF THIS DECISION. THANK YOU. IRIS.>>Mayor Smotrich: RICHARD WOULD YOU LIKE TO GO AHEAD?>>Councilmember Kite: SURE, THANK YOU MAYOR. AND BOY WHAT A REALLY TOUGH DECISION THIS IS TONIGHT. YOU KNOW, I’VE BEEN ON THE CITY COUNCIL FOR 20 YEARS. I’VE SERVED AS YOUR MAYOR FOR FIVE DIFFERENT TIMES. THE CITY AND THE RESIDENTS REALLY MEAN A LOT TO ME. I’VE HEARD ALL YOUR COMMENTS TODAY. I’VE RECEIVED A LOT OF COMMUNICATION, BOTH FOR AND AGAINST THE PROPOSED PROJECT. THE STAFF HAS PROVIDED US WITH THE COMPLETE DETAILS OF THE APPLICANT’S PROPOSAL, ALSO TRAFFIC STUDIES AND SITE DETAILS. OVER MY PAST 20 YEARS THAT I’VE BEEN INVOLVED WITH ALMOST EVERY MAJOR PROJECT THROUGHOUT THE CITY OF RANCHO MIRAGE, I’VE ALWAYS PRESENTED WHAT WAS THE BEST FOR GROWTH AND SUCCESS OF THE CITY AND THE RESIDENTS. THIS PROPOSAL IS NO DIFFERENT. A DECISION TODAY DOES NOT COME EASY, AND WE HAVE TO LOOK AT THE ADVANTAGES AND THE DISADVANTAGES OF THIS PROJECT. AGAIN, I WANT TO THANK ALL OF YOU FOR BEING HERE TODAY. AND SHARING YOUR VIEWS WHICH ARE SO IMPORTANT TO US IN GOING FORWARD. THANK YOU.>>Mayor Smotrich: THANK YOU, RIPPED. CHARLIE WOULD YOU LIKE TO COMMENT?>>Councilmember Townsend: THANK YOU, MADAM MAYOR. YOU KNOW, I WAS GOING TO TRY TO WRITE STUFF OUT, BUT AFTER GOING THROUGH AND LISTENING TO ALL THAT’S GONE ON FOR THE LAST SEVERAL MONTHS, I REALLY WANTED TO WAIT TO HEAR BOTH SIDES, ALL OF YOU, BECAUSE I RESPECT ALL OF YOU AS RESIDENTS, AND I RESPECT THE OTHER SIDE, AND IN EVERY SITUATION THERE ARE ALWAYS THOSE TWO SIDES. WE HAVE TO BE VERY APPRECIATIVE OF WHERE EVERYBODY IS COMING FROM. SO SITTING HERE, I DID NOTHING BUT I DID THIS. SO WHAT I’M GOING TO DO IS JUST GO THROUGH AND RUN THROUGH A FEW THOUGHTS. BECAUSE I WAS SO INTERESTED AROUND SO RIVETTED IN EVERYTHING THAT WAS HAPPENING HERE. I WENT THROUGH AND I DID IT THIS WAY SO BEAR WITH ME. I WANT TO TELL YOU THAT I HAVE LIVED IN RANCHO MIRAGE FOR THE LAST 25 YEARS. A RAN A VERY SUCCESSFUL BUSINESS ON HIGHWAY 111 FOR OVER 20 YEARS, MANY OF YOU KNOW WHAT THAT BUSINESS IS. I ALSO SAT ON THE CHAMBER OF COMMERCE OF RANCHO MIRAGE AS A BOARD MEMBER FROM VICE PRESIDENT, PRESIDENT AND FINALLY PRESIDENT AND CEO OF THAT WONDERFUL ESTABLISHMENT. WHICH REALLY TURNED OUT TO BE FABULOUS WITHOUT ME I WILL TELL YOU THAT, VERY PROUD OF IT. THE CONCERNS WERE ADDRESSED HERE TODAY THAT HIEFNL IS A MAJOR ROUTE AND WILL INCREASE THROUGH YEARS. THIS IS THE IT-STREET THAT IS GOING THROUGH THE ENTIRE COACHELLA VALLEY PEOPLE. AND IF YOU THINK TODAY IS SOMETHING, OR THAT NOUGHT IS GOING TOIN-N-OUT ISGOING TO AFFL ALL DEVELOPMENTS IS HAPPENING ON BOTH ENDS, INCLUDING A 10,000 SQUARE FOOT STAID YUM AND OTHER THINGS AN BOTH ENDS OF THE VALLEY. HIGHWAY 111 IS WHAT IT IS AND WILL BE. AND TO TRY TO SAY THAT IN-N-OUT IS GOING TO AFFECT THAT IS REALLY KIND OF MINUTE, IF YOU THINK OF THE WHOLE PICTURE WHAT WE’RE DOING. ARE YOU THROUGH? THE CONCERNS WERE ADDRESSED HERE TODAY, AS HIGHWAY 111, HAVE BETTER TBEENADDRESSED. WE DO GOOD JOB AS NEIGHBORS. WE ARE NEIGHBORS WITH ALL OF YOU. AND I WILL TELL YOU THAT WE WILL CORRECT IF THIS IS PASSED, ANYTHING THAT HAS TO DO WITH THIS IN-N-OUT BURGER. IF THERE ARE ADDRESSES, THIS COUNCIL, THIS STAFF AND YOUR INPUT AS THOSE OF YOU WHO HAVE COME AND WORKED WITH EVERYBODY HERE KNOW THAT YOUR VOICES ARE HEARD. AND IF THERE ARE THINGS THAT DO HAPPEN AND COME UP, YOU WANT CHANGE, THE DOOR IS OPEN. AND WE ARE THERE FOR YOU. YOUR CITY COUNCIL AND CITY STAFF WORK EVERY DAY TO COME TO THE BEST RESOLVE AND DECISIONS TO PROTECT ALL RESIDENTS, ALL BUSINESSES, AND UPHOLD THE FUTURE OF THIS CITY, FOR TODAY, FOR TOMORROW AND FOR YOUR CHILDREN. IT IS A BIG MISTAKE FOR ANY CITY AND VERY DANGEROUS TO BE SHORT SIGHTED ON THE OUTLOOK AND THE REASONSREASONS MANY CITIES FALLO DISREPAIR AND FAILURE BY NOT LOOKING AHEAD AND BY MAKING DECISIONS THAT WILL GROW THAT CITY. THOSE BEFORE US THAT SAT ON THIS PANEL WITH RICHARD KITE, HAVE GIVEN THEIR LIVES TO THIS. THREE OF THEM THAT I KNOW PERSONALLY, WHO PASSED AWAY SITTING IN THESE CHAIRS. ONE OF THOSE WAS MY PARTNER, WHO WAS THE MAYOR AT THAT TIME. VERY DEDICATED PEOPLE. AND THEY ARE VERY RESPECTFUL OF THAT HISTORY. AS WE DO HERE, WE ARE HERE FOR EVERYBODY. WE ARE HERE FOR THE BIG PICTURE. YOU MUST REMEMBER THAT. RANCHO MIRAGE IS CHANGING. THE ENTIRE COACHELLA VALLEY IS CHANGING. MAIN STREET IS CHANGING. SOME OF THE THINGS THAT CAME UP WHY DON’T YOU GO AND GET A GROCERY STORE, WHY DON’T YOU GET THIS AND THAT. DO YOU REALIZE THAT MAIN STREET AND THE WORLD IS CHANGING? DO YOU REALIZE THE STORES AND THE BUSINESSES HAVE GONE OUT OF SIGHT? DO YOU REALIZE THAT 21 FOREVER HAS FILED FOR BANKRUPTCY, AND THERE ARE OTHER THINGS ON THE BOOKS THAT ARE GOING TO GO OUT. SO IT’S NOT THAT EASY TO SAY WELL, JUST GO AND DO THIS. DON’T THINK THAT THEY’RE NOT TRYING. OF COURSE THEY ARE. YOU DON’T THINK PALM SPRINGS IS? PALM DESERT, ALL THE OTHER CITIES, MAIN STREET, THE UNITED STATES, EVERYTHING HAS CHANGED. SO YOU HAVE TO LOOK AND BE SENSITIVE TO WHAT ANY CITY IS TRYING TO DO TO BRING IN BUSINESSES. AND IT’S NOT ABOUT THE MONEY. IT’S ABOUT THE FUTURE GROWTH OF WHAT THAT BUSINESS OR ANY BUSINESS THAT WE BRING IN HERE CAN DO FOR THIS CITY. I DO HAVE TO TAKE A LITTLE UMBRAGE WITH SOME OF THE COMMENTS HERE. ENDING UP ON A BAD NOTE. BUT AS GIVING YOU THE HISTORY OF MY HISTORY AND BEING WITH THIS COUNCIL FOR OVER 20 YEARS, AND THAT CHAMBER AND IN THIS CITY AND LIVING HERE, TO HEAR ANYBODY COME UP AND SAY THIS IS CORRUPTION, THIS IS SECRET MEETINGS, RAILROADED THROUGH, PAYOFFS, PERSONAL INTEREST, I RESENT THAT. I RESENT THAT BECAUSE IT HUSHT T ME. WHAT DID YOU SAY? (INAUDIBLE).>>Mayor Smotrich: EXCUSE ME, EXCUSE ME, WOULD YOU PLEASE CONTROL YOUR COMMENTS?>>Councilmember Townsend: THANK YOU. I RESENT THAT. BECAUSE I HAVE LIVED HERE. I HAVE LIVED HERE. I HAVE SEEN THESE PEOPLE WORK AND WORK 24-7 ON THIS COUNCIL, IN THIS STAFF. FOR VERY LITTLE. THIS IS NOT SOMETHING THAT YOU’RE MAKING A FORTUNE ON. THESE PEOPLE ARE DEDICATED PEOPLE THAT MAKE THE RIGHT DECISIONS FOR YOU, TODAY AND TOMORROW. ALWAYS REMEMBER THAT. NOTHING IS VOTED ON OR RECOMMENDED FOR CHANGE THAT HAS NOT GONE THROUGH THIS PROCESS. AND I KNOW THAT WE ALL ARE PROUD OF RANCHO MIRAGE. AND I AM PROUD TO CALL IT HOME, AS I KNOW YOU ARE. THANK YOU.>>Mayor Smotrich: THANK YOU CHARLIE. I WOULD LIKE TO MAKE ONE REQUEST BEFORE I MAKE MY COMMENTS. AND THAT IS TO MINA THE CONDITION OF APPROVAL NUMBER 26, TO BE MODIFIED TO INCLUDE THAT ALL TREES ALONG MAGNESIA FALLS DRIVE BE UPGRADED TO 48 INCH BOX TREES. IN ADDITION, ALL PROPOSED ONE GALLON PLANTINGS ON THE SITE SHALL BE UPGRADED TO FIVE GRON N PLANTINGS. THIS IS TO CREATE PROTECTIVE BARRIERS AND CREATE MORE MATURE LANDSCAPING. AND THE ITEM ON PAGE 5-32, SAYS THAT THERE SHALL BE NO CACTI OR ANY OTHER SPINY VEGETATION WITHIN THREE FEET OF PEDESTRIAN WALKWAYS FOR PUBLIC SAFETY. THANK YOU.>>WE’LL LET THE RECORD REFLECT THAT MADAM MAYOR REQUESTED CONDITION OF APPROVAL NUMBER 26 TO BE MODIFIED TO INCLUDE THE REPLACEMENT OF THE EXISTING 24 INCH BOX TREES TO 48 INCH BOX TREES AND THE REPLACEMENT OF ONE GALLON PLANTINGS TO FIVE GALLON PLANTINGS.>>Mayor Smotrich: THANK YOU, OKAY, SO THAT WILL BE PART OF THE MOTION.>>Councilmember Townsend: GREAT.>>Mayor Smotrich: I TOO HAVE BEEN SITTING HERE AND LISTENING VERY CAREFULLY, AND I READ EVERY LETTER THAT CAME MY WAY IN REGARD TO THIS PROJECT. I’VE DONE MY OWN RESEARCH. I’VE TALKED TO A LOT OF PEOPLE. AND I’M THINKING OF ALL THE BUSINESSES THAT HAVE GONL GONEF BUSINESS. A COUPLE WERE MENTIONED HERE. COUPLE WERE NOT. SEARS, MONTGOMERY WARD, MAY COMPANY, ROBINSON’S ROBINS ROBI, BURLINGTON COAT FACTORY, WE KNOW WHAT THE CONDITION OF THAT IS, LOT OF RESTAURANTS HAVE GONE OUTS OF BUSINESS, CARROWS, COE COCO’S, THE DENY’S ON HIGHWAY 111, BEEN EMPTY FOR HOW MANY YEARS. RANCHO MIRAGE HAS SEEN ITS OWN CLOSURES, APPLEBEES, THE CHINESE RESTAURATEURS, RUBY’S, MIMI’S MS CHILI’S, THE MARIA CALENDAR’S, JOHNNY ROCKETS, AND THE ELEPHANT BAR. HOW DOES THAT HAPPEN? HOW DOES ALL OF THIS HAPPEN? WE SAW THE CLOSURES OF VAUGHN’S IN THIS SHOPPING CENTER, COULD NOT MAINTAIN ITSELF. NOW FOREVER 21. GOING TO BE A PROBLEM. WAS SUGGESTED IN THE NEWSPAPER THAT IT BE TURNED INTO A GYM OR TRY ANOTHER MARKET. OR HOW ABOUT A BOWLING ALLEY IT WAS SUGGESTED. I’M ALSO THINKING ABOUT ALL THE CONCERNS AND COMPLAINTS I’VE HEARD THROUGH YEARS. BEFORE I GOT ON THE COUNCIL, AND WHILE I’VE BEEN ON THE COUNCIL. AND THAT’S OKAY. THAT’S JUST PART OF MY JOB. IT’S PART OF ALL OF OUR JOBS. BUT I HEARD ABOUT ROY’S AND DICK YEAYEARS DICKEYS UGLY SMELLS. IF THEY NEED IT THEY USE AIR SCRUBBERS. AND THAT HUGE SIGN THEY PUT UP THAT BIG FIVE, SIX, SEVEN-STORY SIGN. THOSE WERE THE THINGS THAT PEOPLE TALKED ABOUT. THAT WERE GOING TO LOWER ALL OF THEIR HOME VALUES. IN FACT SOME PEOPLE THAT LIVED IN MY OWN DEVELOPMENT OVER THERE SAID WE’RE GOING TO HAVE TO JUST GIVE OUR HOMES AWAY. THEY’RE NOT GOING TO BE WORTH ANYTHING. AND THIN THEN WE HEAR ABOUT THE AMPHITHEATERS, OUR BEAUTIFUL AMPHITHEATERS, HOW DISASTROUS IT’S GOING TO BE FOR OUR HOME VALUES, IT’S GOING TO LOWER THE HOME VALUES THE NOISE AND THE CRIME IT’S GOING TO BRING. ALSO ABOUT THE ARMENIAN CHURCH AND THE DOME THAT WAS GOING TO BE PUT ON TOP. FOR SURE IT’S GOING TO RUIN THE VIEWS, GOING TO RUIN THE HOME VALUES, THEY’RE GOING TO HAVE KIDS RUNNING AROUND EVERYWHERE ON THE STREETS. AND ALSO, THE RITZ CARLTON. WHEN IT WAS BEING TALKED ABOUT AND PROPOSED, AND THERE WERE PEOPLE WHO SAID, WE DON’T WANT TO LOOK UP AT THAT. WE’RE DRIVING DOWN 111 WE’RE ON THE VEAM FTHE VALLEY FLOOR WE DT TO LOOK UP AT THAT BUILDING. AND WHEN THE SPAGHETTI FACTORY WAS SUGGESTED FOR OLD BING CROSBY RESTAURANT WHICH COULD NOT MAINTAIN ITSELF EITHER, PEOPLE SAID HOW DEMEANING THAT YOU SHOULD PUT A SPAGHETTI FACTORY INTO THAT BEAUTIFUL PROPERTY THAT IS SO VANL. VALUABLE. WE DON’T NEED ANOTHER FAMILY RESTAURANT IN RANCHO MIRAGE. SO YES, THINGS HAVE REALLY CHANGED. NO DOUBT ABOUT IT. WE DO LOCK OUR DOORS. WE DON’T LET OUR CHILDREN PLAY ON THE FRONT LAWN ANYMORE. WITHOUT SUPERVISION. MOST PEOPLE WANT TO WALK THEIR CHILDREN TO SCHOOL. FOR SAFETY REASONS. THINGS HAVE CHANGED DRAMATICALLY. MOST PEOPLE WANT TO ORDER EVERYTHING ONLINE. THEY PREFER TO SIT BEHIND A DESK, VERY OFTEN IN THEIR PAJAMAS, AND THEY WANT THE CONVENIENCE AND THE COMFORT OF NOT HAVING TO GO OUT AND EITHER GO TO RESTAURANTS OR GO TO STORES TO BUY ITEMS THAT THEY ASK GET EASILY ONLINE OR WITH A PHONE CALL. THEY EVEN ORDER THEIR FOOD ONLINE. THEY HAVE THE FOOD DELIVERED TO THEM SO THEY DON’T HAVE TO GO OUT. OR THEY PICK UP THE FOOD AND BRING IT BACK SO THEY CAN SPEND TIME WITH THEIR FAMILIES OR SIT IN FRONT OF THEIR COMPUTER AND DO THEIR WORK. THINGS HAVE REALLY CHANGED. ONE OF THE THINGS, THOUGH, THAT WE KNOW IS THAT PEOPLE LOVE DRIVE-THROUGHS. THERE’S JUST NO DOUBT ABOUT IT. THEY LOVE THE CONVENIENCE. THE FACT THAT THEY MAY BE DISABLED, AND NOT BE ABLE TO GET OUT OF THEIR CAR, OR THE FACT THAT IT MIGHT BE VERY HOT IN THE MIDDLE OF OUR SUMMER, THE FACT THAT IT MIGHT BE DARK AND THEY DON’T WANT TO QUAWK I WALK INTOA RESTAURANT AND WALK THROUGH A PARKING LOT. AND THE FACT THAT WE HAVE SO MANY WORKERS THAT GET OFF WORK LATE. THEY’RE SERVICE PEOPLE. RANCHO MIRAGE IS AN INCREDIBLY SERVICE ORIENTED CITY. WE HAVE OUR HOTELS, WE HAVE OUR LAW ENFORCEMENT PERSONNEL. WE HAVE OUR FIREFIGHTING PERSONNEL. WE HAVE OUR HOSPITAL PERSONNEL. THESE ARE THE PEOPLE WHO APPRECIATE A LATE-NIGHT MEAL WHETHER NO PLACE ELSE IS OPEN. WHEN NO PLACE ELSE IS OM. THEY LOVE THE CONVENIENCE, THEY LOVE THE COMFORT. AND ALL THE TIME WHEN EVERYTHING HAS CHANGED, RANCHO MIRAGE HAS GROWN DRAMATICALLY. AND YOU QUOTED EACH OF US, AND THINGS WE SAID, AND HOW PROUD WE ARE OF OUR CITY. AND HOW PROUD WE ARE OF THE WORK THAT WE DO IN OUR CITY. SO EVEN THOUGH THINGS ARE CHANGING AND NOT ALWAYS FOR THE BEST, RANCHO MIRAGE STILL HAS A WORLD CLASS LIBRARY, AN OFTEN OBSERVATORY THAT OFFERS LECTURES AND CONCERTS FREE OF CHARGE. WE HAVE A RENOWNED AMPHITHEATER THAT SHOWS MOVIES AND MUSICAL PRESENTATIONS. WE HAVE A FABULOUS CHILDREN’S MUSEUM. WE ARE CONSIDERED NOT JUST THE PLAYGROUND OF PRESIDENTS. WE ARE CONSIDERED THE CULTURAL CENTER OF THE COACHELLA VALLEY. WE ALSO HAVE FOUR STATE-OF-THE-ART CITY PARKS. IT DOESN’T GET MUCH BETTER. AND I’VE WORKED IN A NUMBER OF CITIES IN CALIFORNIA, IN NEVADA, IN ARIZONA, ORANGE COUNTY, DOWNTOWN L.A., CENTRAL CALIFORNIA, I’VE WORKED WITH STAFF MEMBERS, I’VE WORKED WITH CITY COUNCILS, THERE WAS NO PLACE LIKE RANCHO MIRAGE. AND NOTHING IS GOING TO CHANGE AS FAR AS THE QUALITY OF THE LIFE WE PROVIDE, THE QUALITY OF THE LIFE WE ALL WANT TO LIVE. WE ARE SO THRILLED THAT YOU HAVE THE FREEDOM OF TO COME HERE AND VOICE YOUR OPINION AND THAT WE REALLY LISTEN TO YOU. AND WE ARE ASSURING YOU THAT YOUR QUALITY OF LIFE IS NOT GOING TO CHANGE. BECAUSE WE DON’T WANT OUR QUALITY OF LIFE TO CHANGE. THANK YOU VERY MUCH. ALL RIGHT. WELL, AS LONG AS WE HAVE FINISHED WITH OUR COMMENTS, PAY I HMAYI HAVE A MOTION?>>Councilmember Townsend: I WILL MAKE THE MOTION THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS. A, APPROVE THE FILING OF A CATEGORICAL EXCEPTION OF ENVIRONMENTAL IMPACT PURSUANT TO CEQA SECTION 15332, CLASS 32 INFILL DEVELOPMENT PROJECT AND ENVIRONMENTAL ASSESSMENT CASE NUMBER EA 19004 AND B, INTRODUCE ORDINANCE NUMBER NEXT IN ORDER, FIRST READING APPROVING ZONING TEXT AMENDMENT CASE NUMBER Z 2819002, AND C, INTRODUCE ORDINANCE NEXT IN ORDER FIRST READING APPROVING DEVELOPMENT AGREEMENT CASE NUMBER DA 190001, AND D, APPROVE CONDITIONAL USE PERMIT CASE C.U.P. 19007 AND E, APPROVE PRELIMINARY DEVELOPMENT CASE NUMBER PDP 19002. ALL BASED ON THE FINDINGS AND CONDITIONS IN THE STAFF REPORT AND ALSO INCLUDING THE AMENDMENT.>>Mayor Smotrich: DO I HAVE A SECOND ON THAT? TED? ARE YOU MAKING A SECOND? OKAY. SO WE HAVE A MOTION, AND A SECOND. PLEASE VOTE.>>The Clerk: MOTION CARRIES, 4-0-1 HOBART ABSTAINING. RECUSED I’M SORRY.>>Mayor Smotrich: THANK YOU SO MUCH AND WE’LL TAKE A TEN MINUTE BREAK. THANK YOU. [ RECESS ] [ GAVEL STRIKE ]>>Mayor Smotrich: OKAY. WE ARE FINISHED WITH OUR RECESS AND WE WILL COME BACK INTO OUR COUNCIL MEETING. AND WE WILL MOVE ON TO ITEM NUMBER 6, AND THAT IS PART OF OUR ACTION CALENDAR. AND THIS IS GOING TO BE HANDLED BY KOFI ANTOBAM. AND HE’S THE DIRECTOR OF ADMINISTRATIVE SERVICES. THANK YOU.>>THANK YOU, MADAM MAYOR. –>>Mayor Smotrich: JUST TO MAKE NOTE OF IT WE NOW HAVE DANA HOBART BACK TON DAIS AND HE WILL BE PARTICIPATING ONCE AGAIN.>>Councilmember Townsend: DO WE HAVE TO APPROVE HIM BACK OR CAN HE JUST SIT HERE?>>Mayor Smotrich: I THINK HE CAN JUST SILT HERE. OKAY. OKAY THANK YOU.>>ALL RIGHT, THANK YOU MADAM MAYOR. THIS ITEM IS THE FIRST STEP IN THE CITY’S STANDARD ANNEXATION PROCESSING INTO CFD NUMBER 1. THE SUBJECT DEVELOPMENT WHICH IS A NEIGHBORHOOD MARKET WITH A SIX FUEL AND GAS STATION WAS APPROVED BY THE CITY COUNCIL ON MMPLE 21st, 2019. AND IT’S LOCATED ON THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND MONTEREY AVENUE AS DISPLAYED ON THE SCREEN. THE OWNER IN ACCORDANCE WITH THE CONDITIONS OF APPROVAL FOR THIS PROJECT SUBMITTED A PETITION FOR ANNEXATION AND REQUESTING THAT THE CITY COUNCIL INITIATE ANNEXATION PROCEEDINGS AND SO STAFF RECOMMENDS APPROVAL OF THE RESOLUTION AND AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU.>>Mayor Smotrich: THANK YOU, KOFI. ARE THERE ANY QUESTIONS OR COMMENTS FROM COUNCILMEMBERS?>>Councilmember Townsend: NO.>>Mayor Smotrich: OKAY. IS THERE ANYONE FROM THE PUBLIC THAT WISHES TO SPEAK? OKAY, SEEING NONE WE WILL CLOSE PUBLIC COMMENTS, AND MOVE ON TO A MOTION.>>Councilmember Weill: I’LL MAKE A MOTION.>>Councilmember Kite: SECOND.>>Councilmember Weill: LET ME SAY THIS, WE NOW HAVE A SECOND BUT I’LL GO AHEAD AND MAKE THE MOTION ANYWAY.>>Councilmember Townsend: ANY SUBJECT TED.>>Councilmember Weill: SO IT’S WIDE OPEN ON THE MOTION. HOWEVER, I WILL SELECT A MOTION THAT THE CITY COUNCIL ADOPT RESOLUTION NUMBER 2019 NEXT IN ORDER DECLARING THE CITY’S INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NUMBER 1 AND TO LEVY A SPECIAL TAX THEREIN, FOR ADDITIONAL POLICE AND FIRE SERVICES, PRELIMINARY ANY APPROVE A MAP OF THE AREA PROPOSED TO BE ANNEXED AND SCHEDULE A PUBLIC HEARING TO CONSIDER THE ANNEXATION AN THE LEVY OF SPECIAL TAX FOR ANNEXATION NUMBER 181.>>Councilmember Kite: I’LL SECOND THAT MOWING.>>Mayor Smotrich: OKAY WE HAVE A MOTION AND SECOND. PLEASE VOTE.>>The Clerk: MOST CARRIES, 5-0.>>Mayor Smotrich: THANK YOU KRISTIE. WE WILL MOVE ON TO ITEM NUMBER 7, THIS IS GOING TO BE PRESENTED BY BILL ENOS OUR CITY ENGINEER.>>MADAM MAYOR THERE WAS A WRONG BUTTON HIT. CAN WE DO THAT VOTE AGAIN?>>Mayor Smotrich: OKAY. WE’RE GOING TO DO A REVOTE.>>Councilmember Kite: REDO.>>Mayor Smotrich: PLEASE CAST YOUR VOTES.>>The Clerk: AND NOW MOTION CARRIES, 5-0.>>Mayor Smotrich: THANK YOU KRISTIE. ALL RIGHT NOW WE WILL GO ON TO BILL ENOS OUR CITY ENGINEER AND THIS IS THE APPROVAL OF FINAL PARCEL MAP NUMBER 37486. THE TOWER MARKET.>>THANK YOU, MADAM MAYOR. I APPRECIATE KOFI FOR THE PERFECT SEGUE INTO THIS IS THE SAME PROJECT THE TOWER MARKET PROJECT. SO JOSH COULD YOU BRING MUCH THE SLIDE PLEASE? THERE WE TWO. GRAPHIC OF WHERE THE VICINITY MAP OF THIS IS. THIS IS — THIS PLAN SUBDIVIDES A 22.5 ACRE PARCEL INTO A 3.25 ACRE PARCEL LOCATED RIGHT AT THE CORNER OF SPHRANGS FRANK SINATRD MONTEREY FOR THE PURPOSE OF THE TOWER MARKET. INCLUDED IN THE ACTUALLY 3.25 ACRES WILL BE THE TOWER MARKET SITE. THE REMAINING 19.25 ACRES WILL BE LEFT FOR FUTURE DEVELOPMENT WILL BE NOT A PART OF THE — BE A REMAINDER PARCEL ON THAT MAP FOR FUTURE DEVELOPMENT. INCLUDED ON THE MAP DEDICATED WITH THAT IN THAT 3.25 ACRES ARE 75 LETTERED LOTS, FOUR OF THOSE FIVE LOTS ARE TREAT RIGHT-OF-WAY FOR STREET PURPOSES AND PUBLIC UTILITIES. THERE IS ONE PEDESTRIAN AND BIKE PATH EASEMENT AS WELL AS A DRAINAGE EASEMENT DEDICATED ON THE MAP. THE TOWER MARKET WILL BE A 55, ALMOST 5600 SQUARE FOOT NEIGHBORHOOD MARKET WITH SIX FUELING STATIONS WILL BE A TOTAL OF 12 PUMPS. PLANNING COMMISSION APPROVED TENTATIVE MAP FEBRUARY 28th, 2019 WITH CONDITIONS OF APPROVAL AND FOUND THIS PLAN WAS CONSISTENT WITH THE CITY’S GENERAL PLAN AND ZONING ORDINANCE. STAFF REVIEWED THE PROJECT AND CONDITIONS AND EVERYTHING IS DONE IN ACCORDANCE WITH THOSE CONDITIONS AND STAFF RECOMMENDS APPROVAL OF THIS MAP AS WELL AS ACCEPTANCE OF THE EASEMENTS THAT I DISCUSSED. I’M HIRE TO ANSWER THEY QUESTIONS. HERE TO ANSWER ANY QUESTIONS.>>Councilmember Townsend: YES BILL I DO. IT SAYS DEVELOPED AT A LATER TIME. WHAT’S GOING ON WITH WHAT’S GOING TO HAPPEN SHOVEL IN THE GROUND WHEN, DO WE KNOW?>>WELL, JEREMY WOULD YOU LIKE TO ADDRESS THAT?>>SORRY BILL, COULD YOU REPEAT THAT?>>THE QUESTION IS WHAT DO WE KNOW ABOUT THE REMAINDER PARCEL, THE 19.25 ACRES, DO WE HAVE A SCHEDULE, IS ANYTHING PROPOSED WILLIAM.>>NO NOTHING IS PROPOSED FOR THAT, IT WILL JUST BE A REMAINDER PARCEL FOR FUTURE DEVELOPMENT.>>Councilmember Townsend: THE GAS STATION WILL NOT BE BUILT?>>THE GAS STATION WILL. THAT WILL BE ON THE SITE. THE REMINDER OF THAT 19 ACRES WILL NOT BE TOUCHED AT THIS POINT.>>Councilmember Townsend: WHEN IS THE GAS STATION STARTED?>>THAT MAY BE A BETTER QUESTION FOR THE APPLICANT, THEY’RE GETTING ALL THEIR DUCKS IN A ROW ON THAT PROCESS.>>I’M SORRY CAN WE TAKE A SHORT RECESS MADAM MAYOR?>>Mayor Smotrich: YES, ABSOLUTELY.>>I’M SORRY, BE RIGHT BACK. [ RECESS ]>>Councilmember Kite: YOU’RE BACK.>>I APOLOGIZE, THANK YOU FOR ACCOMMODATING.>>Mayor Smotrich: OKAY, SO WE’RE GETTING BACK TO THIS ITEM. HOWEVER, I, BECAUSE I LIVE WITHIN THE ALLOTMENT OF FOOTAGE I WILL BE RECUSING MYSELF FROM THIS DISCUSSION AND THE VOTE.>>WE JUST DISCOVERED THIS, LOOKING AT THE MAP. SW.>>Mayor Smotrich: OKAY.>>WHO IS OUR MAYOR PRO TEM?>>DANA.>>Councilmember Townsend: MAKE A MOTION, DANA.>>Councilmember Weill: YOU COULD HAVE DONE IT FROM YOUR SEAT, BY THE WAY.>>NO, THIS IS THE CAPTAIN’S CHAIR.>>Councilmember Weill: ANYBODY HAVE THE CROWN? FEEL BETTER IN THERE?>>Councilmember Hobart: PERHAPS YOU CAN TELL US WHO FROM STAFF IS GOING TO PRESENT THIS, IS THAT BILL?>>Councilmember Kite: HE ALREADY DID.>>WE HAVE CONCLUDED THE STAFF PRESENTATION AND WE’RE READY FOR COUNCIL COMMENTS.>>Councilmember Hobart: OKAY DOES ANYBODY ON THE COUNCIL HAVE A QUESTION? OR A COMMENT?>>Councilmember Townsend: NOT THAT I’M AWARE.>>Councilmember Hobart: ANYBODY IN THE AUDIENCE WISH TO COMMENT ON THE MATTER? SEEING NO ONE — NO COMMENTS FROM ANYBODY — AT ALL –>>Councilmember Townsend: NONE.>>Councilmember Hobart: I GUESS WE CAN PROCEED TO VOTE. IS THERE SOMEBODY WHO WOULD LIKE TO MAKE A MOTION?>>Councilmember Townsend: I WILL MAKE THAT MOTION THAT THE CITY COUNCIL APPROVE FINAL PARCEL MAP NUMBER 37486 AND DIRECT THE CITY ENGINEER AND CITY CLERK TO SIGN AND RECORD THE MAP.>>Councilmember Hobart: WAS THAT A HICCUP IN THE MIDDLE OF THE NUMBER? WOULD YOU LIKE TO DO THAT AGAIN?>>Councilmember Townsend: 37486.>>Councilmember Hobart: IT’S BEEN SECONDED. ALL THOSE IN FAVOR?>>Councilmember Townsend: WE GOT TO VOTE.>>Councilmember Hobart: ALL THOSE IN FAVOR, RAISE YOUR HAND.>>Councilmember Townsend: WE DID!>>Councilmember Hobart: MOTION CARRIES, 4-0.>>The Clerk: WITH SMOTRICH RECUSED.>>Councilmember Hobart: WITH THE MAYOR HAVING RECUSED HERSELF.>>Councilmember Weill: YES BUT YOU HANDLED IT SO WELL.>>Councilmember Hobart: YOU KNOW, IT’S FOUR HANDS, WOULD HAVE BEEN FIVE IT WOULD HAVE BEEN A LITTLE DIFFICULT.>>IRIS IS COMING BACK.>>Councilmember Hobart: SHE’S GOING TO KICK ME OUT OF MY SEAT?>>VERY IMPORTANT THAT YOU MOVED OVER.>>Mayor Smotrich: IN A FEW MONTHS YOU’LL BE BACK. OKAY SO NOW THAT WE’VE FINISHED ITEM NUMBER 7 WE ARE GOING TO GO BACK TO THE NONAGENDA PUBLIC COMMENTS. SO THIS IS AN OPPORTUNITY FOR THE PUBLIC TO SPEAK ON AN ISSUE THAT IS NOT ON THE AGENDA FOR A MAXIMUM OF THREE MINUTES PER SPEAKER.>>Councilmember Kite: HE LEFT ALREADY.>>Mayor Smotrich: OKAY. I HAVE THREE YELLOW CARDS FOR PEOPLE WHO SIGNED ON THAT WANTED TO SAY SOMETHING. BUT I WILL CALL ALLEN WOI WORTHI SEE ALLEN WORTHY IS NOT HERE, I’LL MOVE ON TO BRAD ANDERSON, BRAD ANDERSON IS ALSO NOT HERE AND I’LL MOVE ON TO WALLY MELENDEZ, HE IS NOT HERE EITHER. HAVING SAID THAT WE WILL CLOSE THE PUBLIC COMMENTS AND MOVE ON TO CITY COUNCIL AND BOARD MEMBER COMMENTS AND REPORTS. IS THERE ANYONE ON THE COUNCIL THAT HAS ANY REPORTS OR COMMENTS?>>Councilmember Townsend: I HAVE A COMMENT. THANK YOU EVERYBODY, IT WAS GREAT, GREAT MEETING. IT WAS HARMED W HANDLED WITH DID APLOMB. THANK YOU.>>Mayor Smotrich: THANK YOU. ANY COMMENTS FROM THIS SIDE? OKAY. SO WE FINISHED THAT PORTION OF THE COUNCILMEMBER COMMENTS AND NOW WE’LL MOVE ON TO THE CITY MANAGER COMMENTS.>>NONE, THANK YOU MAYOR.>>Mayor Smotrich: NONE THERE EITHER. OKAY WELL WE’RE JUST MOVING RIGHT ALONG AND NOW WE ARE BACK TO STEVE Q IN REGARD TO OUR CLOSED SESSION.>>THANK YOU MAXED MAYOR THE CITY COUNCIL NOW GOING TO RECESS INTO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4), COUNCIL WILL ALSO CONFER WITH LEGAL COUNSEL, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1), BECAUSE THE DISCLOSURE OF THE NAME WILL JEOPARDIZE EXISTING SETTLEMENT NEGOTIATIONS.>>PLEASE TAKE NOTICE THAT THIS MEETING WILL BE JOWRNLD UNTIL OCTOBER 21st. THE NEXT REGULAR MEETING OF THE CITY COUNCIL WILL BE HELD ON MONDAY — MAKE NOTE OF THAT — MONDAY, OCTOBER 21st AT 1 P.M. THANK YOU SO MUCH. WE WILL SEE YOU THEN AND HAVE A GOOD EVENING.

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