Indian Wells City Council
February 17, 2022

Thursday, February 17, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
City Council
Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Members of the Public who wish to speak during public comment or on a particular item should fill out a blue slip and submit it to the City Clerk. Comments will be limited to 3 minutes. Speaker will be alerted when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction. Remarks on other agenda items will be limited to those items. Remarks from those seated or standing in the back of the chambers will not be permitted. All those wishing to speak including City and Staff need to be recognized by the Mayor before speaking. Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) so as not to cause a disruption in the Council proceedings.

Meeting Agenda
1 February 17, 2022City Council Meeting Agenda

1. RECONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL

MAYOR DANA REED

MAYOR PRO TEM DONNA GRIFFITH

COUNCIL MEMBER GREG SANDERS

COUNCIL MEMBER KIMBERLY MUZIK

COUNCIL MEMBER RICHARD BALOCCO

2.APPROVAL OF THE FINAL AGENDA

3. PROCLAMATIONS AND PRESENTATIONS
022-22A.Riverside County Fire Department Update by Division Chief Mike Beverlin
Riverside County Sheriff Department Update by Lt.

David Wright
023-22B.

4. PUBLIC COMMENTS
Members of the Public who wish to speak on a Consent Item or items not listed on the agenda may do so during this time. Members of the public should fill out a blue slip and submit it to the City Clerk, comments will be limited to 3 minutes. Speakers will be alerted when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

Please note that while the City Council values your comments, the Council cannot respond nor take action until such time as the matter may appear on the forthcoming agenda.

5. CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief announcements, informal comments, or brief the Council on items of interest.

6. CITY ATTORNEY REPORTS AND COMMENTS

February 17, 2022City Council Meeting Agenda

7. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council request that specific items be removed from the Consent Calendar for separate discussion and action.

Ordinance Amending Chapter 8.32, Section 8.32.010
of the Indian Wells Municipal Code Regarding
Mandatory Organic Waste Disposal Reduction
Requirements
ORD-004-22A.

RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, amending chapter 8.32, section 8.32.010 of the Indian Wells Municipal Code regarding mandatory organic waste disposal reduction requirements.

Ordinance No. 736Attachments:

Ordinance Amending Section 1.20.150 and Chapter

5.20 of the Indian Wells Municipal Code and Finding
the Action to be Exempt from CEQA
ORD-005-22B.

RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, amending section 1.20.150 and Chapter 5.20 of the Indian Wells Municipal Code and finding the action to be exempt from CEQA.

Ordinance No. 732Attachments:

February 17, 2022City Council Meeting Agenda
Side Letter and Resolution extending for Three Years
the Memorandum of Understanding with Indian Wells
City Employees Association and Resolution for
Non-Represented City Employees
RES-010-22C.

RECOMMENDED ACTIONS:

Council APPROVES side letter to the Memorandum of Understanding (MOU) with the Indian Wells City Employees Association (Association) extending the existing MOU three additional years; and
ADOPTS Resolution No. 2022-03 extending Resolution 2021-27 three additional years for Executive Management, Management, Professional, Confidential, and Non-represented positions (Non-represented) through June 30, 2025.

Side Letter – Association MOU
Resolution – Non-represented
Attachments:

Indian Wells COVID-19 Prevention Program025-22D.

RECOMMENDED ACTION:

Council RECEIVES and FILES the updated Indian Wells COVID-19 Prevention Program being implemented by the City to comply with the updated Emergency Temporary Standards set by the State of California Occupational Safety and Health Standards Board.

Updated COVID-19 Prevention ProgramAttachments:

Resolution Opposing the Taxpayer Protection and
Government Accountability Act
RES-008-22E.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution 2022-08 opposing the Taxpayer Protection and Government Accountability Act (AG 21-0042A1); and
AUTHORIZES Staff to submit said resolution to Cal Cities.

ResolutionAttachments:

February 17, 2022City Council Meeting Agenda
Findings to Hold Remote Teleconference/Virtual
Meetings and Hybrid (i.e., In-Person and
Teleconference/Virtual) Meetings for All City
Legislative Bodies, in Accordance with Assembly Bill
361
026-22F.

RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

Supplemental Appropriation for Assembly Bill 939
Recycling Funding
027-22G.

RECOMMENDED ACTION:

Council APPROVES Supplemental Appropriation in the Amount of $187,000 for Indian Wells Recycling Efforts.

Resolution Authorizing Examination of Sales and Use
Tax Records
RES-004-22H.

RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-04 authorizing examination of sales and use tax records by MuniServices LLC on behalf of the City.

ResolutionAttachments:

Supplemental Appropriation for Grant Writer Services
to Engineering Solutions Services
028-22I.

RECOMMENDED ACTION:

Council APPROVES supplemental appropriation for $35,000 to Engineering Solutions Services’ (“ESS”) contract to continue providing grant research and application services for various project grants; and
AUTHORIZES the City Manager, or designee, to transfer funds into the appropriate account.

February 17, 2022City Council Meeting Agenda
Resolution for Proposition 68 Flood Improvement
Grant Funding Application
RES-005-22J.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution 2022-05 authorizing the City to submit four grant proposals for funding from the Department of Water Resources; and
DESIGNATES the City Manager, or designee, as the City’s Representative with authority to Execute all related documents.

ResolutionAttachments:

Resolution Authorizing Submittal of Applications for
all CalRecycle Grant and Payment Programs
RES-006-22K.

RECOMMENDED ACTIONS:

Council ADOPTS Resolution 2022-06 authorizing the City Manager, or designee, to submit applications for any and all CalRecycle grants the City is eligible for; and AUTHORIZES the City Manager, or designee, to execute any agreements applicable to CalRecycle grants, for a period not to exceed five years.

ResolutionAttachments:

Resolution Adopting Caltrans Local Assistance
Procedures Manual Chapter 10: Consultant Selection
RES-007-22L.

RECOMMENDED ACTION:

Council ADOPTS Resolution 2022-07 adopting Caltrans Local Assistance Procedures Manual Chapter 10: Consultant Selection.

ResolutionAttachments:

Southern California Association of Governments
General Assembly (SCAG) Delegate and Alternate
Appointment
029-22M.

RECOMMENDED ACTION:

Council APPOINTS Mayor Dana Reed as the voting delegate and Mayor Pro Tem Donna Griffith as the alternate delegate to represent the City during the Annual Southern California Association of Governments General Assembly held May 5-6, 2022.

February 17, 2022City Council Meeting Agenda
Supplemental Appropriation for Plan Check and
Inspection Services for Fiscal Year 2021-22
030-22N.

RECOMMENDED ACTION:

Council APPROVES Supplemental appropriation of $72,000 for building department plan check and inspection services.

January 6, 2022, Special Council Meeting Minutes034-22O.

RECOMMENDED ACTION:

Council APPROVES the January 6, 2022, Special Council Meeting Minutes.

Special Closed-Session Minutes- Janaury 6, 2022Attachments:

January 6, 2022, City Council Meeting Minutes035-22P.

RECOMMENDED ACTION:

Council APPROVES the January 6, 2022, City Council Meeting Minutes.

City Council Meeting Minutes - January 6, 2022Attachments:

City Treasurer’s Report for October 2021031-22Q.

RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for October 2021.

City Treasurer's ReportAttachments:

City Treasurer’s Report for November 2021032-22R.

RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for November 2021.

City Treasurer's ReportAttachments:

February 17, 2022City Council Meeting Agenda
City Treasurer’s Report for December 2021033-22S.

RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for December 2021.

City Treasurer's ReportAttachments:

8. PUBLIC HEARINGS
No Public Hearing Items. The noticed hearing for the Housing Element will be re-noticed on a later date.

9. GENERAL BUSINESS
No General Business Items.

10. COUNCIL MEMBERS' REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

A. Council Member Balocco
Coachella Valley Energy Commission
Cove Communities Services Commission
Indian Wells Golf Resort Advisory Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Marketing Committee
Indian Wells Public Safety
B. Council Member Muzik
Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities
Indian Wells Golf Resort Advisory Committee

February 17, 2022City Council Meeting Agenda
C. Council Member Sanders
Coachella Valley Mountains Conservancy
Coachella Valley Economic Partnership
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Public Safety Committee
Visit Greater Palm Springs
D. Mayor Pro Tem Griffith
CVAG Coachella Valley Conservation Commission
CVAG Energy & Environmental Resources Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Tee Committee
E. Mayor Reed
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Executive Committee
CVAG Transportation Committee
Indian Wells Marketing Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency

11. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on March 17, 2022 in the City Hall Council Chamber.

February 17, 2022City Council Meeting Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 346-2489. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 128 CFR 35.102.35.104 ADA Title III Affidavit of Posting
I, Angelica Avila, certify that on February 11, 2022, I caused to be posted a notice of a City Council Meeting to be held on February 17, 2022 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
_____________________
Angelica Avila, CMC
City Clerk

February 17, 2022City Council Meeting Agenda

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:022-22 Item #:A.

Riverside County Fire Department Update by Division Chief Mike Beverlin City of Indian Wells Printed on 2/11/2022Page 1 of 1
powered by Legistar™12

Indian Wells
Fire
Department
Quarterly
Report

CAL FIRE /

RIVERSIDE

COUNTY FIRE

DEPARTMENT

BATTALION CHIEF

MATTHEW KOTZ
At Dais: Riverside County Fire Presentation
02/14/2022

Presentation
-Breakdown of calls in Indian Wells:
11/2/2021-2/1/2022
-Previous years comparison
-Residential Knox box

Call breakdown
from last
quarter:
-Medical based
calls
-False alarms
-Public Service
Assist

INCIDENT DATE between '2021-11-2 00:00.00' and '2022-2-1 23:59_59' and CITYNAME = 'Indian Wells' s o.c,•1y
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Comparison of
call volume for
the same three
months
quarterly time
frame:
2021 comparison total number of calls for
service: 268
2022 comparison total number of calls for
service: 338
Overall increase in calls for service: 26% from
2021
2020 comparison total number of calls for
service: 324
2021 decrease is most likely due to the start of
COVID 19

Questions
regarding the
call breakdown?

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:023-22 Item #:B.

Riverside County Sheriff Department Update by Indian Wells Lieutenant David Wright
City of Indian Wells Printed on 2/11/2022Page 1 of 1
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Riverside Sheriff –Indian WellsAt Dais: Riverside County Sheriff Presentation 02/14/2022

Riverside Sheriff –Indian Wells
11,988 total file numbers drawn in 2021
•3,530 calls for service
•8,458 self-initiated file numbers drawn
•473 reports written
•115 arrests made
•89 Misdemeanor
•26 Felony
•1,288 citations issued
•7,735 area checks conducted

Riverside Sheriff –Indian Wells
Traffic Collisions Year-to-Date as of 12/31/21 = 199
•1 Fatal
•3 Major injury
•27 Minor-injury
•168 Non-injury
Traffic Citations Year-to-Date = 1,181
•894 Hazardous Citations
•23 DUI Arrests

Riverside Sheriff –Indian Wells
Uniform Crime Reporting Data YTD Comparison as of 12/31/21 Crime 2019 2020 YTD 2021 YTD % Change 1 Yr.

Homicide 0 1 0 -100%
Rape 1 0 0 0%
Robbery 2 1 1 0%
Aggravated Assault 10 11 2 -82%
Total Violent Crimes 13 13 3 -77%
Burglary 44 25 27 +8%
Auto Theft 5 10 17 +70%
Larceny*89 76 88 +16%
Total Property Crimes 138 111 132 +19%
Total Part 1 Crimes 151 124 135 +9%
* Includes vehicle burglaries

Notable Cases/Operations
111021 –Elder abuse/Identity theft arrest by our SET team solving cases from Palm Desert and Indian Wells using ALPR technology 111921 –Street Racing Operation
123021 –Indian Wells SET team arrested a suspect who committed two golf cart thefts (Vehicle thefts) and three burglaries in the city of Indian Wells
012722 –Speed Enforcement Operation resulting in 35 citations

Operations/Project Updates
Extra patrol for speed enforcement on Hwy 111, Fred Waring and Fairway Extra patrol will be conducted at night in our ungated communities Code enforcement assistance for certain violations
Knox box keys have been ordered and delivery is forthcoming Educational HOA meetings are being planned
CSOs will be trained to conduct CPTEDs
There has been 1 robbery in the past year, NO home invasion robberies

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-004-22 Item #:A.

Ordinance Amending Chapter 8.32, Section 8.32.010 of the Indian Wells Municipal Code Regarding Mandatory Organic Waste Disposal Reduction Requirements
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, amending chapter 8.32, section

8.32.010 of the Indian Wells Municipal Code regarding mandatory organic waste disposal reduction requirements.

City of Indian Wells Printed on 2/11/2022Page 1 of 1
powered by Legistar™14

ORDINANCE NO. 736
AMENDING CHAPTER 8.32, SECTION 8.32.010 OF THE INDIAN

WELLS MUNICIPAL CODE REGARDING MANDATORY ORGANIC

WASTE DISPOSAL REDUCTION REQUIREMENTS
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires the City to implement a Mandatory Commercial Recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter

12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires the City to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires the City to implement a Mandatory Commercial Organics Recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help ATTACHMENT #1
15 City of Indian Wells
Ordinance No. 736

reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.32, Section 8.32.010 of the Indian Well Municipal Code is hereby amended to read as follows:

Definitions.
(a)“Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (b)“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City. (c)“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (d)“Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
(e)“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
(f)“Compliance Review” means a review of records by the City to determine compliance with this Chapter.
(g)“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one 16 City of Indian Wells
Ordinance No. 736

time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (h)“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
(i)“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(j)“C&D” means construction and demolition debris.
(k)“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(l)“Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (m)“Enforcement Action" means an action by the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(n)“Enforcement Official” means the city manager or an authorized designee who is partially or wholly responsible for enforcing this Chapter. (o)“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or 17 City of Indian Wells
Ordinance No. 736

Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (p)“Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(q)“Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(r)“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(s)“Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1)A food bank as defined in Section 113783 of the Health and Safety Code; (2)A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3)A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
(t)“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). 18 City of Indian Wells
Ordinance No. 736

(u) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

(v) “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

(w) “Gray Container Waste” means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, Non-Compostable Paper and textiles.

(x) “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

(y) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

(z) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

(aa) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

(bb) “Inspection” means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

19 City of Indian Wells
Ordinance No. 736

(cc) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply.

(dd) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply.

(ee) Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (ff) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5).

(gg) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.

(hh) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.

(ii) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

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(jj) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(kk) “Notice of Violation (NOV)” means a notice that a violation of this Chapter has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(ll)“Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(mm)“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(nn) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (oo) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(pp) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in the City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
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(qq) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (rr) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (ss) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(tt) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (uu) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(vv)“Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(ww) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(xx)“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(yy) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
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(zz) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.

(aaa) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

(bbb) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). 23 City of Indian Wells
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(ccc)“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(ddd)“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (eee) “State” means the State of California.
(fff) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ggg) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1)Supermarket.
(2)Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3)Food Service Provider.
(4) Food Distributor.
(5)Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
(hhh) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1)Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2)Hotel with an on-site Food Facility and 200 or more rooms. (3)Health facility with an on-site Food Facility and 100 or more beds. 24 City of Indian Wells
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(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.
(iii) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

Requirements for Single-Family Generators.

Single-Family Organic Waste Generators:
(a) Shall subscribe to the City’s three-container Organic Waste collection services. The City shall have the right to review the number, size, and location of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the City.
(b) Shall participate in the City’s three-container system for Source Separated Recyclable Materials, Source Separated Green Container organic materials (to include Food Waste), and Gray Container Waste collection services. Generator participation in the collection programs requires that generators place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the 25 City of Indian Wells
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containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (Blue Container, Green Container, and Gray Container), Single-Family Waste Generators shall comply with the container label requirements. (c) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

Requirements for Commercial Businesses.

Commercial Businesses, which includes Multi-Family Residential Dwellings, shall:

(a) Subscribe to the City’s three-container Organic Waste collection services. The City shall have the right to review the number, size, and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Business shall adjust its service level for its collection services as requested by the City.

(b) Participate in and comply with the City’s three-container (Blue Container, Green Container (including Food Waste), and Gray Container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (Blue Container, Green Container, and Gray Container), Commercial Businesses shall comply with the container label requirements. (c) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the City’s Blue Container, Green Container, and Gray Container collection service. 26 City of Indian Wells
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(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labels are required on new containers commencing January 1, 2022.
(e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).
(f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service. (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container, Green Container, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source 27 City of Indian Wells
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Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (j) Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.
(k) If implemented, accommodate and cooperate with the City’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, to evaluate generator’s compliance with this Chapter. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and/or Gray Containers. (l) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(m) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements of this Chapter.

Waivers for Generators.
(a) De Minimis Waivers: The City may, at its discretion, waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business:
(1) Submits an application specifying the services that they are requesting a waiver from; and
(2) Provides documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
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(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste; and
(3) Notifies the City if circumstances change such that Commercial Business’s Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and
(4) Provides written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.
(b) Physical Space Waivers: The City may, at its discretion, waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter.

A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.
(c) Collection Frequency Waiver: The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s three- container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.

Requirements for Commercial Edible Food Generators.
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(a) Tier One Commercial Edible Food Generators must comply with the below requirements commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for the collection of Edible Food for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by the Food Recovery Service or Food Recovery Organization.
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(iii) The established frequency that food will be collected. (iv) The quantity of food, measured in pounds recovered per month, collected by a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(6) Commencing no later than January 1, 2022, for Tier One Commercial Edible Food Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators, Commercial Edible Food Generators shall provide a quarterly Food Recovery report to the City which includes the information required in 14 CCR Section 18991.4 “Record Keeping Requirements for Commercial Edible Food Generators.”

(d) Nothing in this Section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

Requirements for Food Recovery Organizations and Services.

(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
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(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Commencing January 1, 2022, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b), as applicable. (d) Food Recovery Capacity Planning
In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
(e) Commencing no later than January 1, 2022, Food Recovery Services and Organization shall provide a quarterly report to the City which includes the information required in 14 CCR Section 18991.5 “Food Recovery Services and Organizations.”

Requirements for Haulers, Facility Operators and Community Composting Operations.

(a) Requirements for Haulers.
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(1) The Designee providing residential, Commercial or Industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

a. Through written notice to the City initially on or before July 1, 2022 and when changes occur, identify the facilities to which they will transport Organic Waste including the facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste, as applicable.

b. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.

c. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

(2) The Designee shall comply with education, equipment, signage, container labelling, container color, contamination monitoring, reporting, and other requirements contained within its Franchise Agreement, as may be amended from time to time.

(3) Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise prohibit the Designee from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

(b) Requirements for Facility Operators and Community Composting Operations.

(1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about 33 City of Indian Wells
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throughput and permitted capacity necessary for planning purposes.

Entities contacted by the City shall respond within 60 days.

(2) Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

Compliance with CALGreen Recycling Requirements.

(a) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.

(b) For projects covered by CALGreen the applicants must, as a condition of the City’s permit approval, comply with the following:

(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2,

5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

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(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal.

Comply with City’s C&D ordinance, Section ___ of City’s municipal code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

(c) If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen shall be enforced.

Model Water Efficient Landscaping Ordinance Requirements.

(a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 14. (b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. (c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for 35 City of Indian Wells
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beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. (2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) shall consult the full MWELO for all requirements.
(d) If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

Procurement Requirements for City Departments, Direct Service Providers, and Vendors.
(a) City departments, and direct service providers to the City, as applicable, must comply with the City’s Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy.
(b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items. (2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
36 City of Indian Wells
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(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the City or its Designee, of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (3) and (4) for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided.

Inspections and Investigations by the City.
(a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with this Chapter, the City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring, where applicable.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, 37 City of Indian Wells
Ordinance No. 736

records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment, where required; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by a City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. (e) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. [City should adopt complaint policy.] SECTION 2. Chapter 8.32, Section 8.32.020 of the Indian Well Municipal Code is hereby amended to read as follows:

Enforcement.
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
38 City of Indian Wells
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(c) Enforcement pursuant to this Chapter may be undertaken by the Enforcement Official, which may be the City Manager or a designated entity, legal counsel, or combination thereof.
(d) Process for Enforcement
(1) Enforcement Officials and/or their Designee will monitor compliance with this Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program, which may include Remote Monitoring.
(2) The City may issue an official notification to notify regulated entities of its obligations under this Chapter.
(3) For incidences of Prohibited Container Contaminants found in containers, the City or its Designee will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provide via a cart tag or other communication immediately upon identification of the Prohibited Container contaminants or within 10 days after determining that a violation has occurred. If the City or its authorized Designee observes Prohibited Container Contaminants in a generator’s containers on more than three occasions within a six-month time period, the City may assess contamination processing fees or contamination penalties on the generator.
(4) With the exception of violations of generator contamination of container contents, the City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information.
(e) Penalty Amounts for Types of Violations
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
39 City of Indian Wells
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(2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter.
(5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters,
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (h) Appeals Process
40 City of Indian Wells
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Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.
(i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Remote Monitoring, Route Reviews, Waste Evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Chapter and state law, as needed.

SECTION 3. This ordinance shall be effective commencing on January 1, 2022.

DANA REED
MAYOR

41 City of Indian Wells
Ordinance No. 736

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS)

CERTIFICATION FOR ORDINANCE NO. 736

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 736, having been introduced at a regular meeting of the City Council on January 6, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 17th day of February, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

______________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

42 City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-005-22 Item #:B.

Ordinance Amending Section 1.20.150 and Chapter 5.20 of the Indian Wells Municipal Code and Finding the Action to be Exempt from CEQA RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, amending section 1.20.150 and Chapter 5.20 of the Indian Wells Municipal Code and finding the action to be exempt from CEQA.

City of Indian Wells Printed on 2/11/2022Page 1 of 1
powered by Legistar™43

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ORDINANCE NO. 732

AN ORDINANCE OF THE CITY OF INDIAN WELLS,
CALIFORNIA, AMENDING SECTION 1.20.150 AND
CHAPTER 5.20 OF THE INDIAN WELLS MUNICIPAL CODE

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells (“City”) has the authority under Article XI, section 5 of the California Constitution and the City Charter to make and enforce all ordinances and regulations with respect to municipal affairs; WHEREAS, the City has the authority to regulate land uses and businesses operating within its boundaries;
WHEREAS, short-term rental uses of private residences are business ventures subject to the City’s business licensing ordinance;
WHEREAS, the City has authorized the limited use of private residences for short- term residential rentals as a business subject to the provisions of Indian Wells Municipal Code Chapter 5.20, and in accordance with the General Plan and Zoning Code; WHEREAS, the City has amended Chapter 5.20 in recent years in response to factual situations encountered in its administration and enforcement; and WHEREAS, the City now seeks to amend Section 1.20.150 and amend Chapter

5.20 in order to clarify their provisions and better facilitate enforcement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) because it is not a CEQA “project” pursuant to CEQA Guidelines sections 15060(c)(2) and (c)(3) and 15378 because it has no potential of creating a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

ATTACHMENT #1
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Therefore, the city council directs that a notice of exemption for this ordinance be filed with the county clerk of the county of Riverside within five business days in accordance with CEQA Guidelines.

Section 3. Section 1.20.150 and Chapter 5.20 of the Indian Wells Municipal Code are hereby amended as set forth in Exhibit A of this ordinance, which exhibit is incorporated herein by this reference.

Section 4. This ordinance takes effect 30 days following its adoption. The city clerk is directed to publish this ordinance in the manner and within the time prescribed by law.

PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the 17th day of February 2022.

______________________________

DANA REED
MAYOR

45 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS)

CERTIFICATION FOR ORDINANCE NO. 732

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 732, having been introduced at a regular meeting of the City Council on January 6, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 17th day of February 2022, and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

46 26529.00000\34637050.2

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Ordinance No. 732

Exhibit “A”
Section 1.20.150 of the municipal code is amended to read in its entirety as follows:

1.20.150 Alternative remedies.
(a) In addition to, or as an alternative to the administrative proceedings set forth in this Chapter, the City may abate a public nuisance by any or all of the following:
(1) An inspection warrant issued under Code of Civil Procedure Section 1822.050 et seq.;
(2) An abatement warrant issued in accord with the statutory requirements of Code of Civil Procedure Section 1822.050 et seq.;
(3) A civil action filed in the Superior Court;
(4) Civil or criminal contempt proceedings;
(5) A criminal citation or criminal complaint.
(b) In any such administrative proceeding, warrant proceeding, civil action, civil contempt proceeding, or other special proceeding brought to the City to abate a nuisance, the City shall be entitled to recover its staff time charges, expert or consultant fees and abatement costs. In addition, the prevailing party shall recover its reasonable attorney fees if the City elects, at the initiation of the individual action or proceeding, to seek recovery of its own attorney fees. The amount of attorney fees awarded in such action, administrative proceeding or special proceeding shall not exceed the amount of reasonable attorney fees incurred by the City in the action or proceeding. (California Government Code Sections 38773.1 and 38773.5) Further, in any civil action to abate a public nuisance, the City shall be entitled to recover civil penalties of up to $1,000 per violation for each day a violation of this Code has been proven to exist. In deciding the amount of civil penalty to be imposed, the Court may consider the following non-exhaustive list of factors:
(1) the nature of the violation;
(2) the duration of the violation;
(3) the number of violations;
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(4) the impact of the violation upon the community; and (5) the willfulness of the responsible party’s misconduct. (c) The remedies set forth in this Chapter may be sought from the property owner as shown upon the last available assessment roll, from the occupant or from any other responsible party.

Chapter 5.20 of the municipal code is amended to read in its entirety as follows:

Chapter 5.20 SHORT-TERM RESIDENTIAL RENTALS

5.20.010 Violation–Nuisance–Applicability.

It is unlawful and a violation of this Chapter, and is hereby declared a public nuisance, for any person or entity owning, renting, leasing, occupying, or having charge, control or possession of any real or improved property within the City of Indian Wells to cause, permit, maintain or allow any violation of this Chapter to exist thereon. Any violation of this Chapter is punishable as a misdemeanor and as otherwise permitted by this Code. Each and every violation of this Chapter that exists constitutes a separate and distinct violation as does each and every day, or portion thereof that any violation exists.

Notwithstanding any provision of this Chapter to the contrary, this Chapter shall not be applicable to any timeshare, as defined in Section 21.08.462 of this Code, that exists as of July 4, 2015.

5.20.020 Definitions.

The following words and phrases, whenever used in this Chapter, shall have the meaning defined in this Section unless the context clearly requires otherwise:
“City” means the City of Indian Wells.
“Code” means the Indian Wells Municipal Code and any other codes incorporated or adopted therein.
“Common interest development” means a residential development that is subject to the Davis-Stirling Act of the State of California, and where there exists a common area owned by an association of owners of separate interests, there has been recorded a declaration and final subdivision map, there has been conveyed to each homeowner a separate interest coupled with an interest in the common 48 26529.00000\34637050.2

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area or membership in the association, and there is a board of directors elected by the association of homeowners.
“Country club” means The Reserve Club, Vintage Club, Eldorado Country Club, Desert Horizons Country Club, and Toscana Country Club, and any successor in interest to any of the foregoing operating within the boundaries identified in Sections 21.14.020, 21.14.030, 21.14.090, and 21.14.110 of this Code. “Good Neighbor Brochure” means a document prepared by the City, as may be revised from time to time, that summarizes the general rules of conduct, consideration and respect pertaining to the use and occupancy of the short-term residential rental units.
“Law enforcement officers” and “officers” means a law enforcement officer employed or otherwise charged by the City to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City, including officers employed by the City or providing services to the City under contract. This includes, but is not limited to, City code enforcement officers and building officials, and Riverside County Sheriff’s Department deputies. “Local agent” means the person designated by the owner or managing agency or agent who shall be available twenty-four (24) hours per day, seven (7) days per week pursuant to Section 5.20.060 for the purpose of responding to public safety calls, nuisances, or other complaints regarding the use, condition, operation or conduct of transients and other persons at the premises. “Managing agency or agent” means any person as it is defined in this Section who is appointed by an owner to solicit applications, execute agreements, or otherwise act on the owner’s behalf in the operation of a short-term residential rental.
“Master association” means any entity which has written and valid contractual jurisdiction and authority to act on behalf of common interest developments within a country club and to exclusively manage all short-term residential rentals within that entire country club, as defined in this Section 5.20.020, and which retains and manages security officers or contractors/vendors who patrol the country club and promptly respond in the event of short-term residential rental violations or problems.
“Multiple rentals” means the maintenance by a person of a financial interest in more than one (1) short-term residential rental within the City. For this purpose, 49 26529.00000\34637050.2

City of Indian Wells
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financial interest includes both legal and beneficial ownership as well as any arrangement that provides for receipt of any portion of the revenues generated by the short-term residential rental.
“Owner” means any person or entity having fee-title ownership or appearing on the last equalized assessment roll of Riverside County showing controlling interest of the premises.
“Parcel” means a parcel of land as that term is defined in Section 21.08.370 of this Code.
“Person” means any individual or entity, including, but not limited to, all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, or limited liability companies.
“Premises” means the actual single-family house or other residential dwelling unit, or any portion thereof, such as a room, including all of its improved real property, which is used as a short-term residential rental. For purposes of this definition, a residential dwelling unit shall include a recreational vehicle or camper parked on public streets or private property.
“Responsible person” means any owner, managing agency or agent, transient, or other person as they are defined in this Chapter who violates or causes, authorizes, allows, participates, or enables the violation of any provision of this Chapter or Code.
“Short-term residential rental” means the rental of a premises by the owner thereof, or any managing agency or agent acting on the owner’s behalf, to a transient for a continuous period of less than thirty (30) days in the aggregate, in exchange for any form of monetary or non-monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment. “Sub-common interest development” means a common interest development that is wholly or partially located within one (1) or more other common interest developments and that is comprised of fewer parcels than the largest common interest development within which it is located.
“Transient” means any person who rents, stays, or otherwise occupies a short- term residential rental for any period less than thirty (30) consecutive calendar days.
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“Transient occupancy tax” means the tax levied by the City in accordance with Chapter 3.12 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the sale of sleeping accommodations to the public.

5.20.030 Locations and conditions of operations of short-term residential rentals.
(a) Pursuant to this Chapter and any other applicable provisions of this Code, short- term residential rentals are permitted in the very low density, low density, medium density, and medium high density residential zones, and other General Plan designated zones of the City in which a new development described in subsection (e) of this Section 5.20.030 is located only if the requirements of this Chapter are met.
(b) The requirements of this Chapter shall be met before a short-term residential rental is permitted.
(c) Pursuant to this Chapter and any other applicable provisions of this Code, multiple rentals are prohibited.
(d) Pursuant to this Chapter and any other applicable provisions of this Code, a short-term rental business license and/or permit are void on sale of registered property.
(e) Notwithstanding any provisions in this Chapter to the contrary, short-term residential rentals shall be permitted pursuant to business licenses and short- term residential rental permits issued by the City in any new development containing at least ten (10) residential units, subject to the following:
(1) The City has approved and issued to the developer/land owner of such new development a conditional use permit, pursuant to Chapter 21.06 of this Code, allowing short-term residential rentals in such new development and specifying the minimum required duration of rentals for short-term residential rentals within the new development;
(2) The developer/land owner of such new development has entered into a development agreement with the City pursuant to Government Code Section 65864 et seq., or otherwise, that explicitly allows for short-term residential rentals within the new development;
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(3) The City issues to an applicant for a short-term residential rental within the new development a business license and short-term residential rental permit; and
(4) All of the provisions set forth in this Chapter shall be applicable to the conditional use permit, and the business license and short-term residential rental permit, except for the provisions set forth in Section 5.20.140 pertaining to minimum duration of short-term residential rentals.

Further, a development agreement between the City and developer/land owner of a new development may include an exception to Section 5.20.040(c)’s prohibition of multiple rentals by a person so long as it is explicitly stated within the development agreement.

5.20.040 Business license and short-term residential rental permit. (a) Business License and Short-Term Residential Rental Permit Required. The short- term residential rental of any premises in the City is deemed to be a “business” as defined in Chapter 5.01 of this Code. It is unlawful for any person to engage in the business of short-term residential rentals without first obtaining and maintaining both: (1) a valid business license pursuant to Chapter 5.01 of this Code; and (2) a short-term residential rental permit. The business license and short-term residential rental permit, or copies thereof, shall be prominently displayed in a visible location at the premises during any periods of occupancy thereof by any transients.
(b) Classification of Short-Term Residential Rental Permits. Depending upon which enabling provision a person is operating a short-term residential rental pursuant to (either Section 5.20.190, 5.20.200, 5.20.210 or 5.20.220 of this Chapter), a person may either obtain an unrestricted or restricted short-term residential rental permit.
(1) Unrestricted Short-Term Residential Rental Permit. An unrestricted short- term residential rental permit may be granted to a person operating pursuant to Sections 5.20.190, 5.20.200 or 5.20.210 of this Chapter.

Under those Sections, a premises may be used as a short-term residential rental year-round and is not subject to the twenty-nine (29) consecutive nights minimum stay requirement set forth in Section 5.20.140. However, it may be subject to the restrictions that may be set forth in any 52 26529.00000\34637050.2

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applicable development agreement, conditional use permit, covenants, conditions and restrictions (CC&Rs), or other restrictions governing use of the premises.
(2) Restricted Short-Term Residential Rental Permit. A restricted short-term residential rental permit may be granted to a person not operating pursuant to Sections 5.20.190, 5.20.200 or 5.20.210 of this Chapter. Such a person may only operate a short-term residential rental during the annual tennis tournament held each year pursuant to Section 5.20.220 of this Chapter, and is subject to the seven (7) night minimum stay requirement set forth in that Section.
(c) Prohibition of Multiple Rentals. It is unlawful for a person to operate multiple rentals within the City. Only one (1) short-term residential rental permit shall be issued to any person.
(d) At no time shall the short-term residential rental be used for activities such as weddings, receptions, and large parties attended by more than the occupants of the short-term residential rental without first obtaining a temporary use permit pursuant to Section 21.06.060 (Temporary Use Permit) of this Code.

5.20.050 Registration.

On a written form prepared by the City Manager or designee, the owner shall register with the City as the point of contact for the short-term residential rental and shall be responsible for all requirements of this Chapter. However, such registration is deemed satisfied if accomplished by a managing agency or agent on behalf of the owner. The owner of the premises shall retain primary responsibility for all requirements of this Code related to short-term residential rentals, notwithstanding registration by a managing agency or agent. There shall be no subleasing of any premises for short-term residential rental purposes; instead, only a rental agreement executed by the owner shall be permitted for any premises when used for short-term residential rentals. A fee may be established by resolution of the City Council to cover costs of processing the registration.

Either the owner of the premises or a managing agency or agent shall provide all of the following information to the City at the time of registration, and shall promptly upon change of any such information update such information to 53 26529.00000\34637050.2

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maintain accuracy:
(a) Full legal name of the owner of the premises and if a business entity of any nature, the individual who has responsibility to oversee its ownership of the premises;
(b) Street and mailing addresses of the owner of the premises; (c) Telephone number of the owner of the premises;
(d) Email address of the owner of the premises;
(e) Full legal name or business name of a managing agency or agent, if any; (f) Street and mailing addresses of a managing agency or agent, if any; (g) Telephone number of a managing agency or agent, if any; (h) Street and mailing addresses of the premises;
(i) Telephone number of the premises;
(j) The name, address and telephone numbers of any other natural persons, entities, limited liability companies, or personal or family trusts that hold any financial interest in the premises as well as copies of legal documents creating such financial interests;
(k) List of all online websites used to advertise premises for short-term residential rental along with all listing numbers;
(l) Full name and telephone number of twenty-four (24) hour emergency local contact person;
(m) Submit a transit occupancy tax (TOT) registration fee as set by resolution of the Indian Wells City Council;
(n) Submit a short-term residential rental registration fee as set by resolution of the Indian Wells City Council; and
(o) Any other contact information the City may reasonably require.

A current business license, short-term residential rental permit, TOT registration, 54 26529.00000\34637050.2

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and Good Neighbor Brochure shall be hung and/or placed in a conspicuous location within the premises at all times of the short-term residential rental business operation. In addition, each responsible person for the premises shall be provided with a copy of the City’s Good Neighbor Brochure by the owner or managing agency or agent.

The owner or managing agency or agent shall provide language in the rental agreement allowing for immediate termination of the rental contract, and immediate eviction upon any violation of the Municipal Code by any occupant.

The responsible person shall acknowledge understanding of all the City’s short- term residential rental rules and the responsible person’s liability for any fines incurred by occupants.

5.20.060 Personal availability.
(a) For each short-term residential rental, a local contact person shall be available by telephone on a seven (7) day per week, twenty-four (24) hour per day basis to respond to public safety calls, nuisances, or other complaints regarding the use, condition, operation, or conduct of transients and other persons on the premises. (b) The local contact person shall be physically present within the geographical limits of the City during the term of the short-term residential rental or be otherwise physically available to respond by visiting the premises in person, at the request of the City or its law enforcement officers, concerning any alleged nuisance or violation of this Chapter.

5.20.070 Notice to transients.

The owner or managing agency or agent shall provide transients the following information prior to occupancy of the premises and shall post such information in a conspicuous place within the dwelling on the premises:
(a) The name of the owner or managing agency or agent and a telephone number at which each may be reached on a seven (7) day per week, twenty-four (24) hour per day basis;
(b) Notification of the maximum number of overnight and daytime occupants permitted on the premises pursuant to this Chapter;
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City of Indian Wells
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(c) Notification of the City’s noise standards, as provided in Chapter 9.06 of this Code, as may be amended from time to time;
(d) Notification of the parking standards of this Chapter; (e) A copy of this Chapter of the Code, as may be amended from time to time; (f) Notification that an occupant may be cited or fined by the City, in addition to any other remedies available at law, for violating any provisions of this Chapter; (g) A copy of the Good Neighbor Brochure; and
(h) The owner or managing agency or agent shall keep on file a signed agreement acknowledging that the transient(s) agree to the general rules summarized in the Good Neighbor Brochure and rental contract, including, without limitation, the immediate termination provision in the rental contract for any violation of the Code by any transient.

5.20.080 Transient occupancy tax.

All short-term residential rentals shall be subject to the City’s transient occupancy tax (TOT) as required by law and in accordance with the provisions of Chapter

3.12 of this Code. The provisions of Chapter 3.12 shall apply except as otherwise provided in this Chapter.
(a) Unrestricted Short-Term Residential Rental Permit Holders. An owner operating under an unrestricted short-term residential rental permit, or a managing agent acting on the owner’s behalf, shall report and remit TOT to the City even if a zero balance exists for the reporting period, once per quarter, on or before the 30th day following the dates of March 31, June 30, September 30, and December 31 of each year, on a form prepared by the City or in a manner otherwise acceptable to the City.
(b) Restricted Short-Term Residential Rental Permit Holders. The owner operating under a restricted short-term residential rental permit, or a managing agent acting on the owner’s behalf, shall report and remit TOT to the City even if a zero balance exists for the reporting period, on or before the 30th day following the end of the month in which the annual, professional tennis tournament is held on a form prepared by the City or in a manner otherwise acceptable to the City. 56 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

5.20.090 Record Keeping Requirements.

Each owner, or managing agent acting on the owner’s behalf, shall keep the following records for a period of four years:
(a) The names of transients who have booked a short-term residential rental at the premises along with the names of their guests;
(b) The mailing address for transients who have booked a short-term residential rental along with their email address and telephone number; (c) The dates of each short-term residential rental along with booking confirmation numbers and receipts;
(d) The make, model, and license plate number of any transient vehicles to be parked at the premises during a rental;
(e) The amount of monetary or non-monetary consideration collected for each short- term residential rental along with receipts;
(f) Advertisements for short-term residential rentals at the premises; and (g) Transient Occupancy Tax remittance forms submitted to the City pursuant to Section 5.20.080.

5.20.100 Signs/advertisement.
(a) No sign, as that term is defined in Section 17.04.030 of this Code, shall be posted on the premises to advertise the availability of the short-term residential rental to the public.
(b) All advertisements for short-term residential rentals, including online advertisements, must include the following information:
(1) The assigned short-term residential rental permit number; (2) The number of occupants allowed to occupy the short-term residential rental pursuant to Section 5.20.120; and
(3) The minimum number of rental nights pursuant to Sections 5.20.140 and

5.20.220.
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City of Indian Wells
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(c) No owner or managing agency or agent shall advertise, including by online advertisement, that a transient may use the owner’s Resident Benefit Card while renting, staying or otherwise occupying a short-term residential rental.

5.20.110 Noise.

It is unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, or that violates any provision of Chapter 9.06 (Noise) of this Code. For the purposes of determining whether a violation of this Section has occurred, the standards set forth in Chapter 9.06 of this Code shall apply. Fines for violation of the noise provisions in the Code, as applicable to short-term residential rentals shall be those established pursuant to Section 5.20.170 of this Chapter.

5.20.120 Occupancy.

The maximum overnight occupancy on the premises of the short-term residential rental, from the hours of 11:00 p.m. through 6:00 a.m. on the following morning, shall not exceed two (2) persons per bedroom with an exception for children under the age of six (6) who may additionally occupy the premises, and no additional occupants shall be permitted on the premises during such hours. In any advertising concerning the premises for short-term residential rental, the owner or managing agency or agent shall advertise the maximum number of overnight occupants allowed as set forth above.

5.20.130 Maintenance of residential character.

The appearance of the premises shall not conflict with the residential character of the neighborhood, either by the use of colors, materials, lighting, landscaping, window coverings or otherwise. All applicable development, design, and landscaping standards, including, but not limited to, Chapter 21 of this Code, are expressly made applicable to a premises used for short-term residential rentals.

5.20.140 Minimum duration of rental.

Except as otherwise allowed under this Chapter, the duration of any lease or rental of a premises as a short-term residential rental registered pursuant to Section 5.20.050 of this Code shall be for a minimum of twenty-nine (29) 58 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

consecutive nights (twenty-eight (28) consecutive nights if the rental covers the month of February during a non-leap year) during which time there shall be no overlapping leases or rental of the premises.

5.20.150 Parking.

During the term of any short-term residential rental, a maximum of one (1) vehicle per bedroom shall be permitted for the premises, and no additional vehicles shall be permitted. All vehicles of occupants of the short-term residential rental shall be parked only in an approved driveway or garage on the premises.

5.20.160 Denial, suspension and revocation of business license and short- term residential rental permit.
(a) Suspension. The City Manager or the City’s Manager’s designee shall suspend the business license and short-term residential rental permit of an owner for a period of one (1) year upon finding an owner or managing agency or agent has committed three (3) violations of the following:
(1) Violated any provision of this Chapter or Code, or is not in compliance with the requirements thereof; or
(2) Gave false or misleading information in the material submitted to the City during the application process, in any transient occupancy tax reporting and remittance forms, during an administrative hearing concerning a violation of this Chapter or Code, or during investigation of a violation of this Chapter or Code by the City and its law enforcement officers.

It is unlawful for any person to operate a short-term residential rental during a period of suspension under this Section, and doing so shall result in permanent revocation of an owner’s business license and short-term residential rental permit.

It is the responsibility of the owner or managing agency or agent to pay any applicable license or permit fees in order to reinstate such under this Chapter, as well as provide necessary or updated registration and contact information pursuant to Sections 5.20.050 and 5.20.060.
(b) Permanent Revocation. The City Manager or the City’s Manager’s designee shall permanently revoke the business license and short-term residential rental permit of an owner upon finding an owner or managing agency or agent has committed 59 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

one (1) violation of the following any time after having the business license and short-term residential permit reinstated following suspension under subsection (a) of this Section:
(1) Violated any provision of this Chapter or Code, or is not in compliance with the requirements thereof; or
(2) Gave false or misleading information in the material submitted to the City during the application process, in any transient occupancy tax reporting and remittance forms, during an administrative hearing concerning a violation of this Chapter or Code, or during investigation of a violation of this Chapter or Code by the City and its law enforcement officers. (c) Appeal from Denial, Suspension or Revocation. Any applicant for a business license or short-term residential rental permit whose application was denied by the City, and any licensee whose business license and short-term residential rental permit is suspended or revoked by the City Manager or the City’s Manager’s designee, may, within ten (10) days following service of such decision, appeal the decision to the City Council by filing a notice of appeal with the City Clerk. The notice shall state the reasons for the appeal with specificity. Appeals by the City Council shall be heard within 60 days of filing the notice of appeal, except that the 60-day period shall automatically be extended if no meeting is held due to the normal cancellation of meetings during July and August or due to any other cancellation. The City Council shall not be required to hold a public hearing on any appeal that it receives, but shall permit the appellant to address the body. The standard of review by the City Council shall be to review the decision for error; it is not a de novo review. The decision of the City Manager or the City Manager’s designee shall not be vacated during the pendency of any appeal to the City Council. A decision of the City Council shall be final. Decisions by the City Council to affirm or reverse a previous decision shall require a majority vote of members present at the hearing. .
(d) Notice and Opportunity to be Heard Required; Agency Case File; Service Procedures. No decision as contemplated within this Section may be made without notice to the applicant or licensee and an opportunity to be heard.

Service of the Notice of Hearing shall be made at least fifteen (15) days prior to the hearing by certified and U.S. mail to the address on record for the owner or managing agency or agent pursuant to Section 5.20.050. At least ten (10) days 60 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

prior to the hearing, the person whose business license and short-term residential rental permit is being suspended or revoked shall be provided with a copy of any documentary evidence relied upon by the City. Decisions shall be rendered under a preponderance of evidence standard. Formal rules of evidence do not apply. Within 30 days of a hearing by the City Manager or the City Manager’s designee under this Section, the City shall issue a written decision containing its findings; service to be made upon the applicant or licensee or permit holder by certified and U.S. mail. The written decision shall specify the time for appeal to the City Council. Upon a final decision by the City Council, the City shall notify the applicant or licensee that the time to seek judicial review of the decision is governed by Code of Civil Procedure section 1094.6. Failure to issue the written decision in accordance with the provisions of this Subsection shall not affect the validity of the decision.

5.20.170 Enforcement.
(a) The City seeks to achieve voluntary compliance with the provisions of this Chapter but reserves the right to use any and all available administrative and judicial remedies provided by law and this Chapter in its enforcement. The City and its law enforcement officers shall have authority to use any and all of the following methods of enforcement in addition to any other remedies provided in this Code or other law:
(1) Warning. The City may issue an informal warning notifying a person they are not in compliance with this Chapter.
(2) Notice of Violation. The City may issue a formal notice of violation mandating that certain corrective actions be completed within a set time frame. A notice of violation may be issued in conjunction with an administrative citation imposing a monetary fine.
(3) Administrative Citation. The City may issue an administrative citation imposing a monetary fine to any responsible person for a violation of this Chapter or any other provision of this Code which is violated during a short-term residential rental, including, without limitation, the City’s noise ordinance, as follows:
(i) Transient:
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City of Indian Wells
Ordinance No. 732

(A) First violation—Warning;
(B) Second violation within any sixty (60) day period—Five hundred dollar ($500.00) fine;
(C) Third and subsequent violations within any sixty (60) day period—One thousand dollar ($1,000.00) fine for each
violation.
(ii) Owners or managing agency or agent:
(A) First violation—Two thousand five hundred dollar
($2,500.00) fine;
(B) Second and subsequent violations within any twelve (12) month period—Five thousand dollar ($5,000.00) fine.
(iii) The provisions of Chapter 1.20 of this Code shall govern the issuance of administrative citations under this Chapter. All complaints against a short-term residential rental for any violation of this Code may be handled by the City’s law enforcement officers on a twenty-four (24) hour basis. A law enforcement officer may submit a written report concerning the officer’s response or investigation to the City’s Code Enforcement Department for review, processing, and issuance of an administrative citation. Each and every day, or portion thereof, that a violation of this Chapter exists constitutes a separate and distinct violation for which an administrative citation may be issued.
(4) Cease and Desist Order. The City may issue a cease and desist order requiring immediate cessation of any activity prohibited by this Chapter. (5) Civil and Criminal Enforcement.
(i) Through the City Attorney’s Office, the City may initiate civil and criminal actions against any responsible person in the Superior Court according to Section 1.20.150 of this Code.
(ii) In addition to the remedies or forms of relief set forth in Section

1.20.150, any person found to have violated any provision of this 62 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

Chapter shall be ordered to pay all unpaid transient occupancy tax amounts owed, if applicable — including for those periods where a person was operating a short-term residential rental without a business license or short-term residential rental permit, or in violation of minimum duration requirements. Any and all responsible persons so ordered shall be jointly and severally liable. (iii) The City may specifically seek to abate any violation of this Chapter through a civil injunction.
(6) Administrative Subpoenas.
(i) In investigating potential violations of the provisions of this Chapter, the City Manager, the City’s Manager’s designee or the City Attorney’s Office shall have the power to issue administrative subpoenas upon a witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence, and require the production of any books, papers, records or other items relevant to the investigation. The City Manager, the City’s Manager’s designee or the City Attorney’s Office may exercise this power prior to the filing of any civil or administrative action by the City.
(ii) A subpoena issued pursuant to this Subdivision shall not compel the attendance of a witness or the production of any books, papers, records or other items sooner than 30 calendar days from the date of service of the subpoena during which time the witness may seek judicial review of the subpoena. Failure to comply with a subpoena issued pursuant to this Subdivision is punishable as a criminal misdemeanor pursuant to Section 1.16.010 of this Code.

5.20.175 Violators may have their Resident Benefit Card suspended. (a) Violation of any section of this Chapter may result in a two (2) year suspension of an owner’s Resident Benefit Card. Upon issuance of an administrative citation or a final determination in favor of the City in any judicial action to enforce the provisions of this Chapter, the City may suspend a violator’s Resident Benefit Card following a noticed hearing before the City Manager or the City’s Manager’s 63 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

designee. Service of the notice shall be made in accordance with Section

1.20.040 of this Code.

In making a determination to suspend a violator’s Resident Benefit Card, the City Manager or the City’s Manager’s designee shall take into consideration the following nonexclusive list of factors:
(1) The nature of the violation;
(2) Whether it is a first violation or if there is a history of violations; (3) The violator’s willingness to take corrective actions to address the violation prior to issuance of the administrative citation or filing of the judicial action, if applicable; and
(4) The violator’s willingness to accept responsibility for the violation and sincerity in committing to compliance with the provisions of this Chapter in the future.
(b) Suspension hearing and appeal procedures. The hearing and appeal provisions of Subdivisions (c) and (d) of Section 5.20.160 of this Chapter apply to proceedings under this Section.

5.20.180 Duty to comply with all other laws, rules, regulations, and orders.

All owners, managing agencies, agents, transients, and other persons staying, occupying, or visiting a short-term residential rental shall comply with all laws, rules, regulations, and orders enacted or issued by the State of California, County of Riverside or the City not included in this Chapter. This includes, but is not limited to, emergency health orders.

5.20.190 Master associations.

A master association may allow short-term residential rentals for a minimum number of consecutive nights and days as determined by its governing board and owners of premises therein (including a number of nights and days that is fewer than that set forth in Section 5.20.140) in accordance with the provisions set forth in Section 5.20.210 of this Chapter.
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City of Indian Wells
Ordinance No. 732

5.20.200 New residential developments.

Any new development approved by the City Council pursuant to Section

5.20.030(e) may allow short-term residential rentals, subject to those terms and conditions prescribed by the City Council, and if so the owner desiring to do so therein shall register premises for operation as a short-term residential rental pursuant to the requirements of Section 5.20.050. In such event, short-term residential rentals registered in the new development shall not be restricted by any minimum duration of rental as otherwise set forth in Section 5.20.140, but shall be subject to any minimum duration of rental or other requirements specified in the conditional use permit or development agreement applicable to that development.

5.20.210 Common interest developments.
(a) A common interest development, separate and apart from a master association, may allow short-term residential rentals for a minimum number of consecutive nights and days as determined by its governing board and owners of premises therein (including a number of nights and days that is fewer than that set forth in Section 5.20.140), provided it satisfies all of the following:
(1) The governing board of the common interest development shall propose the issue of allowing the proposed specific minimum consecutive night and day short-term residential rentals by a formal election/vote of all owners of parcels within the common interest development. (2) At least a majority of those members voting from within the common interest development shall have, by recorded vote, approved the proposal. (3) The governing board of the common interest development shall file with the City’s Community Development Director written certification of the results of such election/vote, signed by the president or chair of the governing board and in a form and substance approved by the Community Development Director in his or her discretion.
(4) Upon filing a certification with the City that the proposal was approved, short-term residential rentals within the common interest development shall not be restricted by the minimum duration of rental as set forth in 65 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

Section 5.20.140, but may be operated for any minimum duration established by the above described vote.
(5) A common interest development may repeal this authority by following the election/voting procedures set forth in subsections (a)(1)-(4) of this section. If this authority is repealed, all short-term residential rental permits and business licenses issued to owners in the common interest development shall remain valid and in effect, but shall automatically be deemed to be amended to allow a minimum duration of twenty-nine (29) nights (twenty-eight (28) nights in February of non-leap years), as set forth in Section 5.20.140.
(6) The common interest development must contain four (4) or more separate legal parcels, exclusive of the common area, in order to allow for short-term residential rentals of fewer nights and days than set forth in Section 5.20.140 pursuant to this Section. Each of the parcels must share a boundary with at least one other parcel in the common interest development.
(7) A sub-common interest development may not allow for short-term residential rentals pursuant to this Section 5.20.210 except to the extent that the larger common interest development in which it is wholly or partially located has previously determined that short-term rentals are permitted.
(b) If a common interest development has not chosen to allow short-term residential rentals for a minimum duration of less than that set forth in Section 5.20.140, in accordance with the procedures set forth in this Section, then individual owners within the common interest development may still apply for a restricted short- term residential rental permit for their own premises in accordance with Section

5.20.050 and if granted, the individual owner’s short-term residential permit shall be subject to the minimum duration period set forth in Section 5.20.220.

5.20.220 Tennis tournament exception.

An owner who registers a property for operation as a short-term residential rental pursuant to Section 5.20.050 may rent the property for a period of no less than seven (7) consecutive nights during the period commencing one (1) week 66 26529.00000\34637050.2

City of Indian Wells
Ordinance No. 732

preceding and ending three (3) days after conclusion of the annual professional tennis tournament held each year at the Indian Wells Tennis Garden.

5.20.240 Disclosure of short-term rental ordinance in home sale agreements.

Any agreement for the sale of real property located within the City shall include the following disclosure:
“Buyer is aware that the City of Indian Wells has adopted an ordinance regulating the use of this property as a short-term rental, defined as the renting of a residential dwelling unit to another party for a continuous period of less than thirty (30) days. The ordinance can be found within Chapter 5.20 of the Indian Wells Municipal Code. By signing this agreement, buyer acknowledges they have read the short-term rental ordinance and understand its provisions. Violation of any provision of the ordinance is punishable as a misdemeanor as well as subject to administrative fines and civil suits. Upon violation, the City may pursue any of these remedies without future warning.” For purposes of this section, agreement of sale shall mean any agreement or written instrument which provides that title to the real property in question shall thereafter be transferred from the current owner to another. 67 City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-010-22 Item #:C.

Indian Wells City Council
Staff Report - Human Resources February 17, 2022
Side Letter and Resolution extending for Three Years the Memorandum of Understanding with Indian Wells City Employees Association and Resolution for Non-Represented City Employees
RECOMMENDED ACTIONS:

Council APPROVES side letter to the Memorandum of Understanding (MOU) with the Indian Wells City Employees Association (Association) extending the existing MOU three additional years; and ADOPTS Resolution No. 2022-03 extending Resolution 2021-27 three additional years for Executive Management, Management, Professional, Confidential, and Non-represented positions (Non- represented) through June 30, 2025.

DISCUSSION:

The Meyers-Millias-Brown Act recognizes the right of employees to participate in, and be represented by, an employee organization. It also requires the City meet and confer with Association representatives to provide them a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment.

The City of Indian Wells and the Association have previously negotiated and executed a MOU setting forth the terms and conditions of employment for bargaining unit employees for the period of July 1, 2019 to June 30, 2021. The MOU was extended an additional year in 2021. The parties wish to extend the MOU an additional three years through June 20, 2025. This action requires a side letter (Attachment 1)to the MOU. The extension is a rollover of all benefits in the existing MOU, except the removal of the 1% cash bonus for employees who receive a 3.0 or higher final score for their Merit Based Pay performance review. In addition, the side letter will include clarifying language on annual cost of living increases, sets a new salary schedule, and updates the Approved Positions and Annual Salary Ranges.

Not all City employees are Association members. The City desires to provide clear documentation of rights, salaries, and benefits to these Non-represented employees. The Resolution (Attachment 2) City of Indian Wells Printed on 2/11/2022Page 1 of 2
powered by Legistar™68

File #:RES-010-22 Item #:C.
for these Non-represented employees mirrors the side letter to the MOU.

FISCAL IMPACT:

The fiscal impacts of the side letter to the MOU and Resolution are incorporated into the adopted budget for Fiscal Years 2021-23. The net cost to implement the additional three-year extension is consistent with the City’s adopted budget and long-term cash flow projections, a supplemental appropriation or other budget adjustments are not required.

ATTACHMENTS:

1. Side Letter - Association MOU

2.Resolution - Non-represented
City of Indian Wells Printed on 2/11/2022Page 2 of 2
powered by Legistar™69

SIDE LETTER AGREEMENT EXTENDING MEMORANDUM OF UNDERSTANDING AN

ADDITIONAL THREE YEARS
WHEREAS, the Indian Wells City Employees Association (“Association”) and the City of Indian Wells (“City”) (collectively, the “Parties”) have previously negotiated and executed a Memorandum of Understanding (“MOU”) setting forth the terms and conditions of employment for bargaining unit employees for the period of July 1, 2019 to June 30, 2021; WHEREAS, the Association and City have previously negotiated and executed a side letter agreement governing the implementation of a 9/80 alternative work schedule, effective through June 30, 2022, as well as extending the terms and conditions of the previously executed MOU for an additional one (1) year period through June 30, 2022 (attached herein as Exhibit A); WHEREAS, the Association and City do hereby agree and adopt this side letter agreement (“Side Letter”) as follows:

The Association and City agree to extend the applicable terms and conditions of the previously executed MOU, and associated side letters extending the terms of that MOU and 9/80 work schedule, for an additional three (3) year period through June 30, 2025.

Additionally, the Parties agree that the City will implement the attached position and salary schedule (attached herein as Exhibit B) (“Salary Schedule”), subject to being duly approved and adopted by the City Council in accordance with applicable public meeting laws. This Salary Schedule will provide the salary range for the associated positions, which include positions and classifications within the Association’s represented bargaining unit, effective after both this side letter has been duly approved by the City Council and fully executed (whichever is later) (“Effective Date”). However, if a current employee already occupies an approved position and classification and their current salary is above the new range prior to the Effective Date, such employee will maintain their current salary and will be “y-rated” until the prescribed salary range meets or exceeds that employee’s current salary. Accordingly, the employee’s salary range will then follow and track the Salary Schedule’s salary range. The attached Salary Schedule will, therefore, reflect the salary ranges for the associated positions, as well as y-rated positions.

Additionally, the Parties agree that pursuant to Section 3 (Salary) of the Parties’ MOU, employees will continue to receive earned wage increases based upon the individual employee’s Merit Based Pay (“MBP”) score as listed in the MOU.

Further, the Parties agree that employees will also receive a COLA equal to the CPI-W for Riverside-San Bernardino-Ontario for the previous year, capped at 2.5%, effective July 1, 2022, and on July 1 of each subsequent fiscal year until July 1, 2025. The Parties also agree that Section 3(B) (Cash Bonus) of the MOU will no longer be in effect, and that employees will no longer be eligible to receive a cash bonus for scoring at least a 3.0 MBP, but they will still receive the COLA referenced above.

ATTACHMENT #1
70 NDIAN WELLS CITY EMPLOYEE ASSOCIATION

By: ______________________________

Sonia Hapner, President IWCEA

Date: ___________________________

By: ______________________________

Chris Wiggins, Vice President IWCEA

Date: ___________________________

By: ______________________________

Mirian Fulson, Secretary, IWCEA

Date: ___________________________

By: ______________________________

Mihai Dan, At large Member, IWCEA

Date: ___________________________

By: ______________________________

Jill Moon, Treasurer, IWCEA

Date: ___________________________

71 CITY OF INDIAN WELLS

By: ______________________________

Christopher J. Freeland, City Manager

Date: ___________________________

By: ______________________________

Kevin McCarthy, Finance Director

Date: ___________________________

By: ______________________________

Peter Castro, Deputy City Manager

Date: _________________________
72 SIDE LETTER AGRX,EMENT EXTENDING MEMORANDUM OF UNDERSTANDING AND AGREEMENT F'OR ALTERNATIVE "9/80'WORK SCHEDULE AN

ADDITIONAL YEAR
WHEREAS, the Indian Wells City Employees Association ("Association") and the City of Indian Wells ("City") (collectively, the "Parties") have previously negotiated and executed a Memorandum of Understanding ("MOU") setting forth the terms and conditions of employment for bargaining unit employees for the period of July 1,2019 to June 30,2021; WHEREAS, the Association and City have previously negotiated and executed a side letter agreement dated April 13,2027 governing the implementation of a 9/80 alternative work schedule, effective until further notice from the City (attached herein as Exhibit A); WHEREAS, the Association and City do hereby agree and adopt this side letter agreement ("Side Letter") as follows:

The Association and City agree to extend the terms and conditions of the previously executed and current MOU for an additional one (l) year period through June 30,2022.

Additionally, the Parties agree to extend the terms of the previously executed side leffer agreement dated April 13,2021(attached herein as Exhibit A) for an additional one (l) year period through June 30, 2022, subject to the following modification to the first full paragraph of the second page:
"If an observed holiday falls on an employee's regular day off, the employee will be able to observe the holiday on the preceding business day and will be paid 8 hours of holiday time.

Employees on 9/80 work schedules will receive nine (9) hours of holiday pay for any City observed holiday falling on a nine (9) hour work day, and eight (8) hours of holiday pay for any City observed holiday falling on an eight (8) hour work day. If an employee is scheduled to work on a holiday and takes the day off, the City will deduct from the employee's leave bank in an amount equal to the total number of hours the employee was scheduled to work on that particular day."
The Parties agree to this one (l) year extension to the April 13, 2021 side letter with the understanding that the City retains the right to eliminate the 9/80 alternative work schedule due to operational needs if, for example, it negatively affects the workload or productivity of the City or its workers either by shifting burdens or creating delays and additional steps in the workflow. The City also retains the right to eliminate the 9/80 work schedule if the City must take steps to address a state of emergency or comply with any applicable law or national, state or local directive affecting workload, schedules and personnel.
73 INDIAN WELLS CITY EMPLOYEE ASSOCIATION
By =-Sfto oy Sonra Hapner
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Sonia Hapner, President IWCEA
Date: M?y 26,2021
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Chris Wiggins, Vice President IWCEA
Date: MaY 26,2021
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Mirian Fulson
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By:

Mirian Fulson, Secretary, IWCEA
Date: May 25,2021
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By:

Mihai Dan, At large Member, IWCEA
Date: MaV 25,2021
Jill Moon, Treasurer, IWCEA
Date: May 25,2O21
74 CITY OF INDIAN WELLS
E-SI Freeland
By:

Christopher J. Freeland, City Manager
oua..June 01,2021
E-SI Kevin
By
Kevin McCarthy, Finance Director
June 01 .2021
Date:

D Peter Castro
13:51:05 PDTBy:

Peter Castro, Deputy City Manager
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75 City of Indian Wells
Salary Schedule
FY 2021-22
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum 1 32,024 40,031 2,669 3,336 1,231.71 1,539.64 15.396 19.245 2 32,825 41,031 2,735 3,419 1,262.50 1,578.13 15.781 19.727 3 33,646 42,057 2,804 3,505 1,294.06 1,617.58 16.176 20.220 4 34,487 43,109 2,874 3,592 1,326.42 1,658.02 16.580 20.725 5 35,349 44,186 2,946 3,682 1,359.58 1,699.47 16.995 21.243 6 36,233 45,291 3,019 3,774 1,393.57 1,741.96 17.420 21.774 7 37,139 46,423 3,095 3,869 1,428.41 1,785.51 17.855 22.319 8 38,067 47,584 3,172 3,965 1,464.12 1,830.14 18.301 22.877 9 39,019 48,773 3,252 4,064 1,500.72 1,875.90 18.759 23.449 10 39,994 49,993 3,333 4,166 1,538.24 1,922.80 19.228 24.035 11 40,994 51,242 3,416 4,270 1,576.69 1,970.87 19.709 24.636 12 42,019 52,524 3,502 4,377 1,616.11 2,020.14 20.201 25.252 13 43,069 53,837 3,589 4,486 1,656.51 2,070.64 20.706 25.883 14 44,146 55,183 3,679 4,599 1,697.92 2,122.41 21.224 26.530 15 45,250 56,562 3,771 4,714 1,740.37 2,175.47 21.755 27.193 16 46,381 57,976 3,865 4,831 1,783.88 2,229.85 22.299 27.873 17 47,540 59,426 3,962 4,952 1,828.48 2,285.60 22.856 28.570 18 48,729 60,911 4,061 5,076 1,874.19 2,342.74 23.427 29.284 19 49,947 62,434 4,162 5,203 1,921.05 2,401.31 24.013 30.016 20 51,196 63,995 4,266 5,333 1,969.07 2,461.34 24.613 30.767 21 52,476 65,595 4,373 5,466 2,018.30 2,522.87 25.229 31.536 22 53,788 67,235 4,482 5,603 2,068.76 2,585.95 25.859 32.324 Range Increase

FACTORS
Range 21 , Maximum, Annual
$62,434.00
Range Spread

25.00%
Monthly Biweekly Hourly

2.50%
Pay Periods per Year
26 Hours per Year
2,080
Salary Range Annual
76 City of Indian Wells
Salary Schedule
FY 2021-22
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum Monthly Biweekly HourlySalary Range Annual
23 55,132 68,915 4,594 5,743 2,120.48 2,650.59 26.506 33.132 24 56,511 70,638 4,709 5,887 2,173.49 2,716.86 27.169 33.961 25 57,923 72,404 4,827 6,034 2,227.82 2,784.78 27.848 34.810 26 59,372 74,214 4,948 6,185 2,283.52 2,854.40 28.544 35.680 27 60,856 76,070 5,071 6,339 2,340.61 2,925.76 29.258 36.572 28 62,377 77,972 5,198 6,498 2,399.12 2,998.90 29.989 37.486 29 63,937 79,921 5,328 6,660 2,459.10 3,073.88 30.739 38.423 30 65,535 81,919 5,461 6,827 2,520.58 3,150.72 31.507 39.384 31 67,173 83,967 5,598 6,997 2,583.59 3,229.49 32.295 40.369 32 68,853 86,066 5,738 7,172 2,648.18 3,310.23 33.102 41.378 33 70,574 88,218 5,881 7,351 2,714.39 3,392.98 33.930 42.412 34 72,338 90,423 6,028 7,535 2,782.25 3,477.81 34.778 43.473 35 74,147 92,684 6,179 7,724 2,851.80 3,564.75 35.648 44.559 36 76,001 95,001 6,333 7,917 2,923.10 3,653.87 36.539 45.673 37 77,901 97,376 6,492 8,115 2,996.18 3,745.22 37.452 46.815 38 79,848 99,810 6,654 8,318 3,071.08 3,838.85 38.389 47.986 39 81,844 102,305 6,820 8,525 3,147.86 3,934.82 39.348 49.185 40 83,890 104,863 6,991 8,739 3,226.55 4,033.19 40.332 50.415 41 85,988 107,485 7,166 8,957 3,307.22 4,134.02 41.340 51.675 42 88,137 110,172 7,345 9,181 3,389.90 4,237.37 42.374 52.967 43 90,341 112,926 7,528 9,410 3,474.65 4,343.31 43.433 54.291 44 92,599 115,749 7,717 9,646 3,561.51 4,451.89 44.519 55.649 45 94,914 118,643 7,910 9,887 3,650.55 4,563.19 45.632 57.040 46 97,287 121,609 8,107 10,134 3,741.81 4,677.27 46.773 58.466 47 99,719 124,649 8,310 10,387 3,835.36 4,794.20 47.942 59.927 48 102,212 127,765 8,518 10,647 3,931.24 4,914.05 49.141 61.426 49 104,768 130,960 8,731 10,913 4,029.52 5,036.91 50.369 62.961 50 107,387 134,234 8,949 11,186 4,130.26 5,162.83 51.628 64.535 51 110,071 137,589 9,173 11,466 4,233.52 5,291.90 52.919 66.149 51 112,823 141,029 9,402 11,752 4,339.36 5,424.20 54.242 67.802 53 115,644 144,555 9,637 12,046 4,447.84 5,559.80 55.598 69.498 54 118,535 148,169 9,878 12,347 4,559.04 5,698.80 56.988 71.235 55 121,498 151,873 10,125 12,656 4,673.01 5,841.27 58.413 73.016 56 124,536 155,670 10,378 12,972 4,789.84 5,987.30 59.873 74.841 57 127,649 159,561 10,637 13,297 4,909.58 6,136.98 61.370 76.712 58 130,840 163,551 10,903 13,629 5,032.32 6,290.40 62.904 78.630 59 134,111 167,639 11,176 13,970 5,158.13 6,447.66 64.477 80.596 60 137,464 171,830 11,455 14,319 5,287.08 6,608.86 66.089 82.611 77

City of Indian Wells
Salary Schedule
FY 2021-22
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum Monthly Biweekly HourlySalary Range Annual
61 140,901 176,126 11,742 14,677 5,419.26 6,774.08 67.741 84.676 62 144,423 180,529 12,035 15,044 5,554.74 6,943.43 69.434 86.793 63 148,034 185,042 12,336 15,420 5,693.61 7,117.02 71.170 88.963 64 151,735 189,668 12,645 15,806 5,835.95 7,294.94 72.949 91.187 65 155,528 194,410 12,961 16,201 5,981.85 7,477.31 74.773 93.466 66 159,416 199,270 13,285 16,606 6,131.40 7,664.25 76.642 95.803 67 163,402 204,252 13,617 17,021 6,284.68 7,855.85 78.559 98.198 68 167,487 209,358 13,957 17,447 6,441.80 8,052.25 80.522 100.653 69 171,674 214,592 14,306 17,883 6,602.84 8,253.56 82.536 103.169 70 175,966 219,957 14,664 18,330 6,767.92 8,459.89 84.599 105.749 71 180,365 225,456 15,030 18,788 6,937.11 8,671.39 86.714 108.392 72 184,874 231,093 15,406 19,258 7,110.54 8,888.18 88.882 111.102 73 189,496 236,870 15,791 19,739 7,288.30 9,110.38 91.104 113.880 74 194,233 242,792 16,186 20,233 7,470.51 9,338.14 93.381 116.727 75 199,089 248,861 16,591 20,738 7,657.28 9,571.59 95.716 119.645 76 204,066 255,083 17,006 21,257 7,848.71 9,810.88 98.109 122.636 77 209,168 261,460 17,431 21,788 8,044.92 10,056.16 100.562 125.702 78 214,397 267,997 17,866 22,333 8,246.05 10,307.56 103.076 128.844 79 219,757 274,696 18,313 22,891 8,452.20 10,565.25 105.652 132.066 80 225,251 281,564 18,771 23,464 8,663.50 10,829.38 108.294 135.367 81 230,882 288,603 19,240 24,050 8,880.09 11,100.11 111.001 138.751 82 236,654 295,818 19,721 24,652 9,102.09 11,377.62 113.776 142.220 78 BEGIN TOP

POSITION RANGE RANGE RANGE
1 City Manager N/A 250,000$ 250,000$
2 Deputy City Manager 70 175,966$ 219,957$
3 Finance Director 68 167,487$ 209,358$
3a Finance Director*N/A 193,157$ 234,789$
4 Public Works Director 67 163,402$ 204,252$
5 Community Development Director 66 159,416$ 199,270$ 6 Information Technology Manager 58 130,840$ 163,551$ 6a Information Technology Manager*N/A 147,213$ 178,943$ 7 Building Official & Code Enforcment Mgr.56 124,536$ 155,670$ 8 Assistant Finance Director 55 121,498$ 151,873$ 9 City Clerk 53 115,644$ 144,555$
10 Senior Management Analyst 46 97,287$ 121,609$ 11 Public Works Field Supervisor 44 92,599$ 115,749$ 12 Assistant Engineer I 41 85,988$ 107,485$
13 Management Analyst 40 83,890$ 104,863$
14 Management Analyst 40 83,890$ 104,863$
15 Assistant Planner 37 77,901$ 97,376$
16 Senior Executive Assistant 37 77,901$ 97,376$ 17 Building Inspector II/Code Enforcement Officer 35 74,147$ 92,684$ 18 Accounting Technician III/Payroll 32 68,853$ 86,066$ 18a Accounting Technician III/Payroll*N/A 85,511$ 103,942$ 19 Senior Administrative Assistant 32 68,853$ 86,066$ 19a Senior Administrative Assistant*N/A 71,937$ 87,443$ 20 Permit Technician II 31 67,173$ 83,967$
20a Permit Technician II*N/A 81,391$ 98,933$
21 Accounting Technician II 28 62,377$ 77,972$ 21a Accounting Technician II*N/A 66,801$ 81,199$ 22 Accounting Technician II 28 62,377$ 77,972$ 22a Accounting Technician II*N/A 66,801$ 81,199$ 23 Administrative Assistant 28 62,377$ 77,972$ 23a Administrative Assistant*N/A 65,172$ 79,219$ 24 Permit Technician I 27 60,856$ 76,070$
24a Permit Technician I N/A 70,183$ 85,310$
25 Accounting Technician I 26 59,372$ 74,214$
26 Maintenance Worker III 25 57,923$ 72,404$
26a Maintenance Worker III N/A 66,801$ 81,199$ 27 Maintenance Worker II 21 52,476$ 65,595$
28 Office Assistant 19 49,947$ 62,434$
29 Maintenance Worker I 17 47,540$ 59,426$
30 Maintenance Worker I 17 47,540$ 59,426$
31 Maintenance Worker I 17 47,540$ 59,426$
3,003,448$ 3,660,277$
City of Indian Wells
Approved Positions List w/ Annual Salaries and Ranges
Salaries for Fiscal Year 2021/22
*Hired on or before 02/17/2022 79

RESOLUTION NO. 2022-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, ESTABLISHING THE COMPENSATION AND

BENEFIT PLAN FOR EXECUTIVE MANAGEMENT, MANAGEMENT,

PROFESSIONAL, CONFIDENTIAL AND NON-REPRESENTED
POSITIONS, EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025 WHEREAS, the Government Code of the State of California prescribes a procedure for discussing and resolving matters regarding wages, hours and other terms and conditions of employment; and
WHEREAS, the City Personnel System Rules provided for a Compensation Plan; and
WHEREAS, the City desires to set forth salaries and benefits for Executive Management, Management, Professional, Confidential, and Non-Represented positions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Indian Wells that the Executive Management, Management, Professional, Confidential, and Non- Represented positions Compensation and Benefit Plan is hereby established as follows:

SECTION 1: POSITIONS
The following positions are included in this Resolution. The City Manager has an individual employment agreement(s), which includes any amendments, defining other terms and conditions of employment not described herein.

Executive Management Positions:

City Manager
Finance Director
Community Development Director
Public Works Director
Deputy City Manager
City Clerk
Professional Positions:

Information Technology Manager
Assistant Finance Director
Planner
ATTACHMENT #2
80 City of Indian Wells
Resolution No. 2022-03

Confidential Positions: (Includes only designated positions within the classifications) Senior Executive Assistant
Senior Management Analyst
Non-Represented Positions:

Senior Management Analyst
Management Analyst
SECTION 2: SALARY.

The Authorized Positions & Salary Schedule (the “Schedule”), which is attached hereto as Exhibit “A” and by this reference made a part hereof, shall remain in effect during the term (July 1, 2022 through June 30, 2025) of this Resolution. This Salary Schedule will provide the salary range for the associated positions, effective after this resolution has been duly approved by the City Council (“Effective Date”). However, if a current employee already occupies an approved position and classification and their current salary is above the new range prior to the Effective Date, such employee will maintain their current salary and will be “y-rated” until the prescribed salary range meets or exceeds that employee’s current salary. Accordingly, the employee’s salary range will then follow and track the Salary Schedule’s salary range. The attached Salary Schedule will, therefore, reflect the salary ranges for the associated positions, as well as y-rated positions. The Parties agree to the following earned wage increases, based upon the individual employee’s Merit Based Pay (“MBP”) score for the fiscal year ending June 30, 2022, and each subsequent fiscal year until July 1, 2025:

MBP Score % Increase

5.0 7.0

4.75 5.75

4.5 5.0

4.25 4.5

4.0 4.0

3.75 3.5

3.5 3.0

3.25 2.6

3.0 2.3

2.75 0

2.5 0

2.25 0

2.0 0

1.75 0
81 City of Indian Wells
Resolution No. 2022-03

1.5 0

1.25 0

1.0 0

MBP pay percentage increases will be determined by rounding MBP scores to the nearest quarter score, utilizing eighth score increments as the rounding point. For example, a MBP score of 3.125 to 3.249 will be rounded up to a MBP score of 3.25 with the applicable pay percentage increase of 2.6%. A MBP score of 3.01 to 3.124 will be rounded down to a MBP score of 3.00 with the applicable pay percentage increase of

2.3%. Further, employees covered by this Resolution will receive a COLA equal to the CPI-W for Riverside-San Bernardino-Ontario for the previous year, capped at 2.5% effective July 1, 2022 and on July 1 of each subsequent fiscal year until July 1, 2025.

The City Manager, who is not subject to the Merit Based Pay (MBP) review process pursuant to an individual employment agreement, shall receive adjustments to salary as adopted by the City Council through a publicly adopted resolution.

A. Overtime: Overtime is defined as hours worked by any employee beyond a prescribed threshold and work period, subject to the provisions of the Fair Labor Standards Act (“FLSA”) (non-exempt employee). All overtime must have prior approval of the appropriate supervisor and/or department head and be recorded on the employee's bi-weekly time report. Unauthorized overtime is cause for discipline. Non-exempt employees shall be compensated for overtime in accordance with the Federal Fair Labor Standards Act provisions.

Any hours worked which are eligible for overtime compensation as defined herein may be taken as compensatory time off in accordance with these or any department rules. The earning of such "comp time" must receive prior approval of the department head or his/her designee. Compensatory time off is earned at the rate of one and one-half (1-1/2) times the number of hours worked and may be accrued to a maximum of eighty (80) hours. Any "comp time" accrued at date of separation shall be paid at straight time the hourly rate of pay then in effect.

Certain positions of employment may be designated as "exempt" from such provisions of the Federal Fair Labor Standards Act. Any such designations shall conform to the guidelines and criteria set forth in the FLSA pertaining to such designation. Persons employed in those positions shall not be eligible for overtime pay but shall instead be entitled to paid administrative leave as set forth in the Personnel Rules and Regulation and Personnel Policies.

B. Salary Range Increase: As provided in the Council Approved Personnel Manual, the approved salary ranges shall be adjusted automatically each year.

82 City of Indian Wells
Resolution No. 2022-03

SECTION 3: MEDICAL, DENTAL, VISION, AND LIFE INSURANCE COVERAGE.

A.Group Insurance: The City shall make available single party and dependent's hospitalization, major medical, dental, optical, long-term and short-term disability, and life insurance to all permanent full-time employees in the City and to such other city officials as may be designated by the City Council. The specific coverage and/or options available are set forth in the Insurance Plan Summary (see Personnel Director for Insurance Plan Summary).

The City shall pay 100% of insurance premiums for Tier A, B, and C employees as defined by the established tier system. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage. Employees hired after January 1, 2009 (Tier B & C employees), the City will pay 100% for employee and dependents up to a maximum amount equal or less than the highest cost HMO plan only. If employee opts for a PPO plan, employee will be responsible for the difference between the two plans.

B.Deductibles: City will pay $1,000 per year per full time employee to cover deductibles and prescriptions.

SECTION 4: HOURS, ATTENDANCE & EMERGENCY STANDBY PAY.

A: Hours: The regular work schedule is 8:00 A.M. to 5:00 P.M. department heads may designate special working schedules for the employees of their departments to carry out the work required. The department heads may alter the schedule, from time to time, as the needs of the department may require with a two weeks’ notice. All non-exempt employees shall adhere to the regular work schedule. Employees that work hours other than their regular work schedule must have approval from their department head.

B: Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves of absence. Each full-time employee is to receive a regularly scheduled meal period of not less than thirty (30) minutes nor more than sixty (60) minutes prior to the completion of a working period of six (6) consecutive hours within his/her eight (8) hour regularly scheduled work day.

Meal time is not compensated. Special provisions may be made in temporary situations with prior approval of the City Manager or under emergency contingencies. Each regular employee working eight (8) hours a day is permitted mid-morning and mid-afternoon rest periods of fifteen (15) minutes each. The rest periods may not be combined for a single thirty (30) minute rest period, unless authorized by the department head/supervisor when extreme conditions do not allow for the taking of a rest period within the designated time frame.
83 City of Indian Wells
Resolution No. 2022-03

The exact time of and duration of meal and rest period is within the discretion of the department head/supervisor. Lunches and rest periods may not be used to make up time off from work. In no case will an employee receive credit for rest periods not taken.

An employee shall not be absent from work for any reason without making prior arrangements with his/her department head/supervisor at least at start of shift if sick or injured. Unless such prior arrangements are made, an employee who, for any reason, fails to report to work shall make a sincere effort to immediately notify his/her department head/supervisor of his/her absence and reason for being absent. If an employee's absence from work continues beyond the first day, the employee shall notify the supervisor on a daily basis unless other arrangements have been made with the supervisor. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be cause for disciplinary action. Absence without leave for more than three (3) consecutive work days is deemed to be a break in service, abandonment of the position, and may result in termination of employment.

C: Standby Pay: The Public Works/Maintenance staff is designated as emergency standby employees. If a Public Works/Maintenance employee is designate as a standby employee for after-hours, weekend, and/or holiday response, the employee shall remain within a forty-five (45) minute drive of the City during standby hours, carry a cellular phone, and maintain a condition to work. The designated standby employee will receive standby duty pay of $25.00 per day on weekdays, and $35.00 per day on weekends. If called on call-back, the employee will receive a minimum of two hours overtime pay or the actual time worked at overtime pay, whichever is greater.

SECTION 5: HOLIDAYS

All officers and employees of the City shall be entitled to the following holidays:

1. JANUARY 1ST NEW YEAR’S DAY

2. THIRD MONDAY IN JANUARY MARTIN LUTHER KING DAY

3. THIRD MONDAY IN FEBRUARY PRESIDENT’S DAY

4. LAST MONDAY IN MAY MEMORIAL DAY

5. JULY 4TH INDEPENDENCE DAY
6 FIRST MONDAY IN SEPTEMBER LABOR DAY

7. AS DESIGNATED VETERANS DAY

8. FOURTH THURSDAY IN NOVEMBER THANKSGIVING DAY

9. DAY AFTER THANKSGIVING THANKSGIVING DAY AFTER

10. DECEMBER 24TH CHRISTMAS EVE

11. DECEMBER 25TH CHRISTMAS DAY

12. DECEMBER 31ST NEW YEAR’S EVE

13. FLOATING HOLIDAY

Actual days may change if modified by State or Federal action. 84 City of Indian Wells
Resolution No. 2022-03

A. Holidays on Saturdays and Sundays: If any holiday falls on a Saturday, it shall be observed on the preceding Friday. If any holiday falls on a Sunday, it shall be observed on the following Monday. In matters of compensation, a holiday is the date of designated observance.

B. Holiday Pay: Regular or probationary full-time employees will be paid eight (8) hours pay at their regular rate of pay for each holiday. If an employee is required to work on a designated holiday they shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate, plus eight (8) hours pay for said holiday.

C. Floating Holiday: For purposes of payroll accounting, the floating holiday will be added to the employee’s vacation and accrued on a bi-weekly basis to the employee’s vacation time.

D. Christmas: An additional holiday on the preceding Monday or the following Friday will be observed when Christmas is officially recognized on Tuesday or Thursday, respectively.

SECTION 6: VACATION

A. Accrual Rate: Each permanent full-time employee in the City shall accrue vacation leave with pay on the following basis:

YEARS OF REGULAR DAYS ADDITIONAL TOTAL DAYS

SERVICE OF VACATION DAYS OF OF VACATION

VACATION
1 10 0 10
2 10 2 12
3 10 3 13
4 10 4 14
5 10 5 15
6 10 6 16
7 10 7 17
8 10 8 18
9 10 9 19
10 10 10 20
11 10 11 21
12 10 12 22
13 10 13 23
14 10 14 24
15 10 15 25

85 City of Indian Wells
Resolution No. 2022-03

B.Probationary Employees: An employee during his/her initial probation period accrues vacation; however, the employee must successfully complete the probationary period to be eligible to take vacation leave with pay unless approved by the City Manager for unique and special circumstances. The probationary period will be one year, or as stipulated in Section 9F of this Resolution.

C.Scheduling of Vacations: The time at which an employee takes vacation leave shall be determined by the department head, primarily with particular regard for the needs of the City and, secondly, insofar as possible, with regard to the wishes of the employee.

D.Leave of Absence: An employee continues to accrue vacation during any authorized and compensated leave. The employee does not accrue vacation during any leave without pay.

E.Holiday During Vacation: If a City holiday occurs while an employee is on vacation, accrued vacation time shall not be deducted for said holiday.

F.Use: Every attempt should be made to schedule and use vacation time accrued each year (half of employee's vacation must be used annually per Maximum Accrual section below).

G.Maximum Accrual: Vacation leave may be accumulated to a maximum of three (3) times the employee's annual accrual rate. Half of each year’s accrued vacation time must be used annually.

H.Surplus Accrual: On January 15th of each year, any vacation leave accumu- lated in excess of the Maximum Accrual shall be cashed out and compensated at the employee's regular rate of pay.

I.Vacation Pay Upon Separation: Upon separation, a regular or probationary employee shall receive compensation at his/her current salary rate for all unused vacation accrued up to and including the date of separation. Such compensation shall be considered earnings for the purpose of calculating other severance benefits or payments.

J.Administrative Leave: City Manager at his sole discretion may grant up to ten (10) days per year. The employee may cash out all or any portion of the employee’s Administrative Leave each year on January 15th. The maximum accrual for Administrative Leave is thirty (30) days.

SECTION 7: SICK LEAVE.
86 City of Indian Wells
Resolution No. 2022-03

A.Sick Leave: The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from an unexpected personal or dependent illness or injury. Sick leave should not be viewed as a right but rather it is a privilege of paid time away from work duties where such absence is necessary.

1.Accrual: All permanent full-time employees in the City shall accrue one (1) day (i.e., eight (8) hours) of sick leave for each calendar month of continuous ser- vice up to a maximum accrual of sixty (60) days.

2.Use: An employee eligible for sick leave may utilize such accrued leave for the following reasons:
a.A bona fide illness or disability of the employee;
b.A bona fide illness or disability of a member of the employee's immediate family which requires his/her attention;
c.Being subject to quarantine or being exposed to a contagious disease which would endanger the health of other employees;
d.To attend an appointment for a medical, psychiatric, dental or optical examination or treatment.

3.Exclusions: No employee is entitled to sick leave while absent from duty on account of any of the following causes:
a.Sickness or injury sustained while on leave of absence without pay; b.Sickness or injury purposely self-inflicted;
c.Sickness or injury resulting from outside employment, whether or not the City has received notice and/or approved said outside employment.

4.Abuse Not Permitted: The use of sick leave in a manner inconsistent with the above use parameters is not permitted. Misuse of sick leave shall be cause for disciplinary action.

5.Proof Required: After 3 consecutive days absent, evidence may be required in the form of a physician's certificate, or other substantiating evidence, in determining the adequacy of the reasons for any of the employee's absences during which sick leave time is requested. At its discretion, the City shall have the right to require an employee to undergo, at City expense, a medical examination and tests related to an employee's sick leave utilization.

6.Release: An employee absent from work due to illness or injury may be required to provide a release from the employee's physician stating the employee is capable of returning to active non-limited work. Requirement of such release shall be at the discretion of the City Manager. At the sole discretion of the City Manager or his designee, an employee may be allowed to return to 87 City of Indian Wells
Resolution No. 2022-03

work for limited duty consistent with the restrictions set forth in a provisional release issued by the employee's and/or other physician.

Any limited duty so granted may be withdrawn by the City Manager or Personnel Director at any time. In the event of any such withdrawal of approval of limited duty, the employee shall be returned to sick leave status consistent with and subject to the requirements stated herein. Employee shall inform employer of any known or suspected limitation.

7. Holiday During Sick Leave: In the event that a paid holiday occurs when the employee is on sick leave, accrued sick leave shall not be deducted for said holiday.

8. Exhaustion of Sick Leave: In the event an employee uses all of the sick leave he/she has accrued, the employee may use any other paid leave accrued for each day, or portion thereof, of approved absence due to illness or injury as defined herein. This option may be exercised by the employee only when all accrued sick leave has been exhausted. The deduction of other accrued leave, so designated by the employee, will continue until the employee either returns to work or uses all such designated leave accrual. In the event all so designated other accrued paid leave becomes exhausted, the employee shall be considered to be on leave of absence without pay and may be terminated at the City's sole discretion.

9. Donation of Sick Leave: Employees may donate up to 50% of annual sick leave accrual (48 hours) to other employees who have exhausted all leave due to a major injury or illness. Donations of sick leave will be eligible for employees in good standing (no disciplinary issues). Employees donating sick leave must maintain at least 80 hours of sick leave balance after donation occurs. All catastrophic illness/injury donations must be approved by the City Manager.

10. Incentive for Good Attendance: All employees accruing sick leave beyond the sixty (60) day maximum shall receive compensation for twenty-five (25%) percent of unused sick leave (beyond sixty [60] days) at the employee's then rate of pay. This accrual and payment will coincide with the employee's anniversary date.

B. Extended Medical Leave.

Subject to the Family Medical Leave Act (FMLA), a leave of absence without pay (as defined in the Personnel Rules) for reasons of extended illness or injury:

88 City of Indian Wells
Resolution No. 2022-03

1.Duration: The length of extended medical leave shall not exceed six (6) months unless extended by the City Manager due to a finding of lengthy prognosis in accordance with the provisions for same set forth below.

2.Expiration: The provisions pertaining to the expiration of Extended Medical Leave shall be the same as those provisions set forth herein for the expiration of an approved Leave of Absence Without Pay (see Personnel Rules). Upon the expiration of Extended Medical Leave the status of the employee shall be revised to one of the following:
1)Active Duty (provided the City is in receipt of a proper medical release approving the return of the employee to active non-limited work); 2)Sick Leave (subject to the provisions for same set forth herein); 3)Resignation (at the discretion of the employee); or
4)Disability Retirement (in accordance with the provisions for same set forth in the Personnel Rules).

3.Lengthy Prognosis: The length of time granted for Extended Medical Leave may be extended for a specific period of time beyond the maximum six (6) month period when and if the City Manager finds that, on the basis of medical examinations performed at the direction and expense of the City, a favorable prognosis exists and that there is a reasonable assurance that the employee will be able to return to work within a reasonable period of time and the work can be adequately performed by substitute or temporary employees, or postponed without detriment to the City. Any such finding and extension may be rescinded and/or withdrawn by the City Manager at any time. The City Manager may at his sole discretion extend or terminate such leave.

C.Bereavement Leave: In the event of a death in the employee's immediate family, an employee may be granted leave of absence with pay, not to exceed three (3) working days. The City will provide an additional two (2) days leave of absence for employees who must travel more than 500 miles to attend services. For the purposes of this Resolution, immediate family shall be defined as an employee's spouse, domestic partner, children, stepchildren, parents, stepparents, siblings, siblings-in-law, mother-in-law, father-in-law, grandparents, grandparents-in-law, or grand-children.

D.Leave of Absence Without Pay: The City Manager, in his unrestricted discretion, may grant a regular or probationary employee leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the City Manager or the employee is terminated. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Any such approval by the City Manager shall be in writing.

During the period of any such leave of absence without pay, the employee shall not accrue any vacation or sick leave and shall not be entitled to any holiday pay. Upon 89 City of Indian Wells
Resolution No. 2022-03

expiration of any such approved leave of absence without pay or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted.

Failure on the part of an employee on any leave defined above to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be considered as a separation and said employee shall be deemed to be discharged. The depositing in the United States mail of first class letter, postage paid, addressed to the employee's last known place of address shall be reasonable notice. Employees on any leave defined above will be responsible for continuing their employee contributions to maintain their employee benefits. Failure to do so will lead to the termination of coverage.

SECTION 8: CalPERS RETIREMENT.

The current benefit retirement formula for all miscellaneous employees hired before January 1, 2013 (Classic Employees) is 2.7% @ 55. The retirement formula for new CalPERS employees hired after January 1, 2013 is 2% @ 62 and those employees will be subject to the AB 340 (PEPRA) rules. The City’s CalPERS contract also includes:
•Social Security Coverage
•12 Months Final Average Compensation Period
•Sick Leave Credit
•Non-Industrial Disability
•Pre-Retirement Death Benefit - Optional Settlement 2W
•Post-Retirement Death Benefit - Lump Sum $500 and Survivor Allowance (PRSA))
•2% per year COLA.

All employees will be responsible for paying 100% of the employee share of CalPERS retirement benefit set as a percentage of their annual salary.

SECTION 9: OTHER EMPLOYEE BENEFITS.

A.Uniforms: Field personnel shall be furnished uniforms and safety equipment in accordance with policies established by their department head and approved by the City Manager. Employees working outside or in hazardous conditions will be allowed to purchase one pair of safety shoes up to $200 per year.

B.Social Security Reimbursement: The City will pay the employee’s portion of Social Security up to the Social Security maximum established by law each calendar year. 90 City of Indian Wells
Resolution No. 2022-03

C. 401A: All employees who are permanent full-time and permanent part-time will receive 2½ % of their salary in a 401 A retirement program, fully funded by the City. An optional ICMA 457 Deferred Compensation plan is also available to all employees.

D.Life Insurance: All employees who are permanent full-time and permanent part-time will receive 1½ times their annual salary in a life insurance policy up to $100,000.

E.Employee Assistance Program: The Employee Assistance Program provides confidential, professional consultation and referral services to employees and their immediate families.

F.Promotional Probation Period: Employees who receive a promotional appointment to positions in the classified service that are not designated as management, confidential employees, department heads, or the City Manager shall enjoy a probationary period of six (6) months.

G.Severance Pay: The City will provide four (4) week’s severance pay for any employees laid off.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 17TH day of February 2022. ____________________________

DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-03
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 17th day of February 2022 by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:
91 City of Indian Wells
Resolution No. 2022-03

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
92 BEGIN TOP

POSITION RANGE RANGE RANGE
1 City Manager N/A 250,000$ 250,000$
2 Deputy City Manager 70 175,966$ 219,957$
3 Finance Director 68 167,487$ 209,358$
3a Finance Director*N/A 193,157$ 234,789$
4 Public Works Director 67 163,402$ 204,252$
5 Community Development Director 66 159,416$ 199,270$ 6 Information Technology Manager 58 130,840$ 163,551$ 6a Information Technology Manager*N/A 147,213$ 178,943$ 7 Building Official & Code Enforcment Mgr.56 124,536$ 155,670$ 8 Assistant Finance Director 55 121,498$ 151,873$ 9 City Clerk 53 115,644$ 144,555$
10 Senior Management Analyst 46 97,287$ 121,609$ 11 Public Works Field Supervisor 44 92,599$ 115,749$ 12 Assistant Engineer I 41 85,988$ 107,485$
13 Management Analyst 40 83,890$ 104,863$
14 Management Analyst 40 83,890$ 104,863$
15 Assistant Planner 37 77,901$ 97,376$
16 Senior Executive Assistant 37 77,901$ 97,376$ 17 Building Inspector II/Code Enforcement Officer 35 74,147$ 92,684$ 18 Accounting Technician III/Payroll 32 68,853$ 86,066$ 18a Accounting Technician III/Payroll*N/A 85,511$ 103,942$ 19 Senior Administrative Assistant 32 68,853$ 86,066$ 19a Senior Administrative Assistant*N/A 71,937$ 87,443$ 20 Permit Technician II 31 67,173$ 83,967$
20a Permit Technician II*N/A 81,391$ 98,933$
21 Accounting Technician II 28 62,377$ 77,972$ 21a Accounting Technician II*N/A 66,801$ 81,199$ 22 Accounting Technician II 28 62,377$ 77,972$ 22a Accounting Technician II*N/A 66,801$ 81,199$ 23 Administrative Assistant 28 62,377$ 77,972$ 23a Administrative Assistant*N/A 65,172$ 79,219$ 24 Permit Technician I 27 60,856$ 76,070$
24a Permit Technician I N/A 70,183$ 85,310$
25 Accounting Technician I 26 59,372$ 74,214$
26 Maintenance Worker III 25 57,923$ 72,404$
26a Maintenance Worker III N/A 66,801$ 81,199$ 27 Maintenance Worker II 21 52,476$ 65,595$
28 Office Assistant 19 49,947$ 62,434$
29 Maintenance Worker I 17 47,540$ 59,426$
30 Maintenance Worker I 17 47,540$ 59,426$
31 Maintenance Worker I 17 47,540$ 59,426$
3,003,448$ 3,660,277$
City of Indian Wells
Approved Positions List w/ Annual Salaries and Ranges
Salaries for Fiscal Year 2021/22
*Hired on or before 02/17/2022 93

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:025-22 Item #:D.

Indian Wells City Council
Staff Report - Human Resources February 17, 2022
Indian Wells COVID-19 Prevention Program
RECOMMENDED ACTION:

Council RECEIVES and FILES the updated Indian Wells COVID-19 Prevention Program being implemented by the City to comply with the updated Emergency Temporary Standards set by the State of California Occupational Safety and Health Standards Board.

DISCUSSION:

The State of California Occupational Safety and Health Standards Board (OSHSB) readopted an amended version of the Emergency Temporary Standards (ETS) concerning COVID-19. The amendments required that the City update the current COVID-19 Prevention Program (CPP). The purpose of the CPP is to provide employees a healthy and safe workplace as required by the California Occupational Safety and Health Act.

The updated plan covers a variety of items such as the type of facemask that can be worn in the workplace, testing requirements, exclusions from Indian Wells facilities if there is a Covid-19 exposure/positive test, and return to work requirements. The attached updated CPP complies with the ETS requirements from the OSHSB.

ATTACHMENT:

1. Updated COVID-19 Prevention Program
City of Indian Wells Printed on 2/11/2022Page 1 of 1
powered by Legistar™94

City of Indian Wells
COVID-19 Prevention
Program (“CPP”)
Updated: January 18, 2022
ATTACHMENT #1
95 1
I. PURPOSE:

The purpose of the City of Indian Wells’s COVID-19 Prevention Program (“CPP”) is to provide employees a healthy and safe workplace as required under the California Occupational Safety and Health Act (Lab. Code §§ 6300, et seq.) and associated regulations (8 C.C.R. § 3205).

Nothing in this CPP precludes the City of Indian Wells from complying with federal, state, or local laws or public health order or guidance that may recommend or require measures that are more prescriptive and/or restrictive than those that are provided herein.

II. SCOPE
Unless one of the exceptions provided below applies, this CPP shall apply to all City of Indian Wells employees (hereinafter referred to as “employees”), including those who are “fully vaccinated”.

The following employees are exempt from coverage under the CPP: (1) Employees who are teleworking from home or a location of the employee’s choice that is not under the control of the City of Indian Wells; (2) Employees who are working in or at a work location and do not have contact with any other individuals; and (3) Employees that because of their tasks, activities or work location have with occupational exposure as defined by the Aerosol Transmissible Diseases (“ATD”) regulation (i.e., 8 C.C.R. § 5199).

III. DEFINITIONS:

For the purposes of the CPP, the following definitions shall apply:
“Close contact COVID-19 exposure” means being within six (6) feet of a COVID- 19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the “high-risk exposure period” as defined here. This definition applies regardless of the use of face coverings. Employees who were wearing a respirator as required by the City of Indian Wells and who used such respirator in compliance with Title 8 Section 5144 during contact with a COVID- 19 case will be deemed not to have had close contact COVID-19 exposure. “COVID-19” means the disease caused by severe acute respiratory syndrome coronavirus 2 (“SARS-CoV-2”).
“COVID-19 case” means a person who either: (1) Has a positive COVID-19 test as defined in this section; (2) Is subject to COVID-19-related order to isolate issued by a local or state health official; (3) Has a positive COVID-19 diagnosis from a licensed health care provider; or (4) Has died due to COVID-19, in the determination of a local health department or per inclusion in the COVID-19 statistics of a county.
“COVID-19 hazard” means potentially infectious material that may contain SARS- CoV-2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most 96 2
commonly result from a person or persons exhaling, talking or vocalizing, coughing, or sneezing, or from procedures performed on persons which may aerosolize saliva or respiratory tract fluids. This also includes objects or surfaces that may be contaminated with SARS-CoV-2.
“COVID-19 symptoms” means one of the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person’s symptoms were caused by a known condition other than COVID-19. “COVID-19 test” means a test for SARS-CoV-2 that is:
(1) Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the United States Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g., a viral test);
(2) Administered in accordance with the authorized instructions; and (3) Not both self-administered and self-read unless observed by the employer or an authorized telehealth proctor.

Examples of tests that satisfy this requirement include tests with specimens that are processed by a laboratory (including home or on-site collected specimens which are processed either individually or as pooled specimens), proctored over-the-counter tests, point of care tests, and tests where specimen collection and processing is either done or observed by an employer.
“Exposed group” means all employees at a work location, working area, or a common area at work, where a COVID-19 case was present at any time during the high-risk exposure period. However, if the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the high-risk exposure period, and all employees were wearing face coverings at the time the COVID-19 case was present, other people at the work location, working area, or common area would not constitute part of the exposed group.

Common areas at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. However, places where employees momentarily pass through while everyone is wearing face coverings, without congregating, is not a work location, working area, or a common area at work. “Face covering” means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers (i.e., fabrics that do not let light pass through when held up to a light source) that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and 97 3
must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric. This definition includes clear face coverings or cloth face coverings with a clear plastic panel that, despite the non-cloth material allowing light to pass through, otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a speaker’s mouth or facial expressions to understand speech or sign language respectively. “Fully vaccinated” means the City of Indian Wells has documented:
(A) A person’s status two weeks after completing primary vaccination with a COVID-19 vaccine with, if applicable, at least the minimum recommended interval between doses in accordance with the approval, authorization, or listing that is:

1. Approved or authorized for emergency use by the FDA;

2. Listed for emergency use by the World Health Organization (WHO); or

3. Administered as part of a clinical trial at a U.S. site, if the recipient is documented to have primary vaccination with the active (i.e., not placebo) COVID-19 vaccine candidate, for which vaccine efficacy has been independently confirmed (e.g., by a data and safety monitoring board) or if the clinical trial participant at U.S. sites had received a COVID-19 vaccine that is neither approved nor authorized for use by FDA but is listed for emergency use by WHO; or
(B) A person’s status two weeks after receiving the second dose of any combination of two doses of a COVID-19 vaccine that is approved or authorized by the FDA, or listed as a two-dose series by the WHO (i.e., a heterologous primary series of such vaccines, receiving doses of different COVID-19 vaccines as part of one primary series). The second dose of the series must not be received earlier than 17 days (21 days with a 4-day grace period) after the first dose.
“High-risk exposure period” means the following: For COVID-19 cases who develop COVID-19 symptoms: from two (2) days before they first develop symptoms until each of the following are true: (1) it has been ten (10) days since symptoms first appeared; (2) 24 hours have passed with no fever, without the use of fever-reducing medications; and (3) symptoms have improved; or For COVID-19 cases who never develop COVID-19 symptoms: from two (2) days before until ten (10) days after the specimen for their first positive test for COVID- 19 was collected.
“Respirator” means a respiratory protection device approved by the National Institute for Occupational Safety and Health (“NIOSH”) to protect the wearer from particulate matter, such as an N95 filtering facepiece respirator. 98 4
“Worksite,” for the limited purposes of COVID-19 prevention regulations only, means the building, store, facility, agricultural field, or other location where a COVID-19 case was present during the high-risk exposure period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter, locations where the worker worked by themselves without exposure to other employees, or to a worker's personal residence or alternative work location chosen by the worker when working remotely.

IV. PROGRAM
A. SYSTEM FOR COMMUNICATING WITH EMPLOYEES

1. Reporting COVID-19 Symptoms, Possible COVID-19 Close Contact Exposures, and Possible COVID-19 Hazards at City of Indian Wells Worksites and Facilities
The City of Indian Wells requires that employees immediately report to their manager or supervisor or to the Department of Human Resources any of the following: (1) the employee’s presentation of COVID-19 symptoms; (2) the employee’s possible COVID- 19 close contact exposures; (3) possible COVID-19 hazards at City of Indian Wells worksites or facilities.

The City of Indian Wells has not and will not discriminate or retaliate against any employee who makes such a report.

2. Accommodations Process for Employees with Medical or Other Conditions that Put them at Increased Risk of Severe COVID-19 Illness
The City of Indian Wells provides for an accommodation process for employees who have a medical or other condition identified by the Centers for Disease Control and Prevention (“CDC”) or the employees’ health care provider as placing or potentially placing the employees at increased risk of severe COVID-19 illness.

For all employees who request such an accommodation, including fully vaccinated employees, the City of Indian Wells will require that the employee provide information from the employee’s health care provider explaining why the employee requires an accommodation.

The CDC identifies the following medical conditions and other conditions as placing or potentially placing individuals at an increased risk of severe COVID-19 illness The CDC guidance provides that adults of any age with the following conditions are at increased risk of severe illness from the virus that causes COVID-19:

1. Cancer

2. Chronic kidney disease

3. COPD (chronic obstructive pulmonary disease)
99 5

4. Heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies

5. Immunocompromised state (weakened immune system) from solid organ transplant

6. Obesity (body mass index [BMI] of 30 kg/m2 or higher but 25 kg/m2, but https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people- with-medical-conditions.html (Last updated on December 14, 2021).

Employees are encouraged to review the list of medical conditions and other condition provided above in order to determine whether they have such a condition. 100

6 To request an accommodation, employees may make a request with their manager or supervisor or the Department of Human Resources.

3. COVID-19 Testing
The City of Indian Wells possesses authority to require that employees who report to work at City of Indian Wells worksites or facilities be tested for COVID-19.

Where the City of Indian Wells requires testing, the City of Indian Wells has adopted policies and procedures that ensure the confidentiality of employees’ medical information and comply with the Confidentiality of Medical Information Act (“CMIA”).

Specifically, the City of Indian Wells will keep confidential all personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, unless expressly authorized by the employee to disclose such information or as other permitted or required under the law.

4. COVID-19 Hazards
The City of Indian Wells will notify employees and subcontracted employees of any potential COVID-19 exposure at a City of Indian Wells worksite where a COVID-19 case and employees were present on the same day. The City of Indian Wells will notify employees of such potential exposures within one (1) business day, in a way that does not reveal any personal identifying information of the COVID-19 case.

The City of Indian Wells will also notify employees of cleaning and disinfecting measures the City of Indian Wells is undertaking in order to ensure the health and safety of the City of Indian Wells worksite where the potential exposure occurred.

B. IDENTIFICATION AND EVALUATION OF COVID-19 HAZARDS AT

CITY OF INDIAN WELLS WORKSITES AND FACILITIES

1. Screening Employees for COVID-19 Symptoms
The City of Indian Wells possesses authority to require that employee self-screen for COVID-19 symptoms.

The City of Indian Wells provides that employees will self-screen for COVID-19 symptoms prior to reporting to any City of Indian Wells worksite.

2. Responding to Employees with COVID-19 Symptoms
Should an employee present COVID-19 symptoms during self-screen, the employee must remain at or return to their home or place of residence and not report to work until such time as the employee satisfies the minimum criteria in order to return to work (as discussed in Section IV.J. of this CPP).

The City of Indian Wells will advise employees of any leaves to which they may be entitled during this self-quarantine period.

Further, the City of Indian Wells has adopted policies and procedures that will ensure the confidentiality of employees and comply with the CMIA, and the City of Indian Wells 101

7 will not disclose to other employees the fact that the employees presented COVID-19 symptoms.

3. City of Indian Wells’s Response to COVID-19 Cases
In the event that an employee tests positive for COVID-19 or is diagnosed with COVID- 19 by a health care provider, the City of Indian Wells will instruct the employee to remain at or return to their home or place of residence and not report to work until such time as they satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).

The City of Indian Wells will advise employees of any leaves to which they may be entitled during this self-isolation period.

The City of Indian Wells complies fully and faithfully with all reporting and recording obligations as required under the law, including, but not limited to, reporting the COVID- 19 case to the following individuals and entities as required based on the individual circumstances: (1) The local health department; (2) Cal/OSHA; (3) Employees who were present at a City of Indian Wells worksite when a COVID-19 case was present; (4) Employee organizations that represent employees at the City of Indian Wells worksite; (4) Employers of any subcontracted employees who were present at the City of Indian Wells worksite; and (5) The City of Indian Wells’s workers’ compensation plan administrator.

If possible, the City of Indian Wells will interview the COVID-19 case(s) in order to ascertain the nature and circumstances of any contact that the employee(s) had or may have had with other employees during the high-risk exposure period. If the City of Indian Wells determines that there were any close contact COVID-19 exposures, the City of Indian Wells will instruct those employees to remain at their home or place of residence and not report to work until such time as the employees satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).

The City of Indian Wells has adopted policies and procedures that will ensure the confidentiality of employees and comply with the CMIA. Specifically, the City of Indian Wells will not disclose to other employees, except for those who need to know, the fact that the employee(s) tested positive for or were diagnosed with COVID-19. Further, the City of Indian Wells will keep confidential all personal identifying information of COVID- 19 cases or persons, unless expressly authorized by the employees to disclose such information or as other permitted or required under the law.

4. Workplace-Specific Identification of COVID-19 Hazards The City of Indian Wells will periodically conduct workplace-specific assessments of all interactions, areas, activities, processes, equipment, and materials that could potentially expose employees to COVID-19 hazards.

As part of this process, the City of Indian Wells identified places (work locations, work areas, and common areas) and times when employees and individuals congregate or come in contact with one another, regardless of whether employees are performing an assigned work task or not, including, for example, during meetings or trainings, in and 102

8 around entrances, bathrooms, hallways, aisles, walkways, elevators, break or eating areas, cool-down areas, and waiting areas.

The City of Indian Wells will provide notice of any such potential workplace exposure to all persons at City of Indian Wells worksites and facilities, including employees, employees of other entities, members of the public, customers or clients, and independent contractors. The City of Indian Wells considered how employees and other persons enter, leave, and travel through City of Indian Wells worksites and facilities, in addition to addressing employees’ stationary workspaces or workstations.

Further, the City of Indian Wells will treat all persons, regardless of the presentation of COVID-19 symptoms or COVID-19 status, as potentially infectious.

5. Maximization of Outdoor Air and Air Filtration
For indoor City of Indian Wells worksites and facilities, the City of Indian Wells evaluates how to maximize the ventilation of outdoor air; provide the highest level of filtration efficiency compatible with the worksites and facilities’ existing ventilation systems; and whether the use of portable or mounted High Efficiency Particulate Air (“HEPA”) filtration units, or other air cleaning systems, would reduce the risk of COVID-19 transmission.

6. City of Indian Wells Compliance with Applicable State and Local Health Orders
The City of Indian Wells monitors applicable public health orders and guidance from the State of California and the local health department related to COVID-19 hazards and prevention.

The City of Indian Wells fully and faithfully complies with all applicable orders and guidance from the State of California and the local health department.

7. Evaluation of Existing COVID-19 Prevention Controls and Adoption of Additional Controls
Periodically, the City of Indian Wells evaluates existing COVID-19 prevention controls at the workplace and assess whether different and/or additional controls may be needed.

This includes evaluation of controls related to the correction of COVID-19 hazards, physical distancing, face coverings, engineering controls, administrative controls, and personal protective equipment (“PPE”) (as discussed at Section VI, subsections D, and F-H of this CPP).

8. Periodic Inspections
The City of Indian Wells conducts periodic inspections of City of Indian Wells worksites and facilities as needed to identify unhealthy conditions, work practices, and work procedures related to COVID-19 and to ensure compliance with the City of Indian Wells’s COVID-19 policies and procedures, including, but not limited to this CPP. 103

9 C. INVESTIGATING AND RESPONDING TO COVID-19 CASES IN CITY

OF INDIAN WELLS WORKSITES AND FACILITIES

1. Procedure to Investigate COVID-19 Cases
The City of Indian Wells developed a procedure for investigating COVID-19 cases in the workplace, which provides for the following: (1) requesting information from employees regarding COVID-19 cases; (2) contact tracing of employees who may have had a close contact COVID-19 exposure; (3) requesting COVID-19 test results from employees who may have had a close contact COVID-19 exposure; (4) requesting information from employees regarding the presentation of COVID-19 symptoms; and (5) identifying and recording all COVID-19 cases.

2. Response to COVID-19 Cases
As provided above at Section IV.B.3., in the event that an employee tests positive for COVID-19 or is diagnosed with COVID-19 by a health care provider, the City of Indian Wells will instruct the employee to remain at or return to their home or place of residence and not report to an City of Indian Wells worksite until such time as the employees satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).
a. Contact Tracing
If possible, the City of Indian Wells will interview the COVID-19 case(s) in order to ascertain the following information: (1) the date on which the employee(s) tested positive, if asymptomatic, or the date on which the employee(s) first presented COVID- 19 symptoms, if symptomatic; (2) the COVID-19 case(s) recent work history, including the day and time they were last present at an City of Indian Wells worksite; and (3) the nature and circumstances of the COVID-19 case(s)’ contact with other employees during the high-risk exposure period, including whether any such contact qualifies as a close contact COVID-19 exposure.

If the City of Indian Wells determines that there was or were any close contact COVID- 19 exposures, the City of Indian Wells will instruct those employees to remain at their home or place of residence and not report to work until such time as the employees satisfy the minimum criteria to return to work (as discussed in Section IV.J. of this CPP).

Further, the City of Indian Wells will instruct those employees to be tested for COVID- 19, and that the City of Indian Wells will provide for such testing during paid time, as discussed in subsection c. below.
b. Reporting the Potential Exposure to Other Employees
The City of Indian Wells fully and faithfully complies with all reporting and recording obligations as required under the law, including, but not limited to, reporting the COVID- 19 case to the individuals and entities described below.

Within one (1) business day of the time the City of Indian Wells knew or should have known of a COVID-19 case, the City of Indian Wells will give written notice of a potential workplace exposure to the following individuals: (1) All employees on the premises at the same worksite as the COVID-19 case during the COVID-19 case’s high-risk 104

10 exposure period; (2) Independent contractors on the premises at the same worksite as the COVID-19 case during the COVID-19 case’s high-risk exposure period; and (3) Other employers at the worksite during the COVID-19 case’s high-risk exposure period.

The City of Indian Wells will provide notice by either personal service, email, or text message.

The City of Indian Wells’s notice(s) will not reveal any personal identifying information of the COVID-19 case. The notice will include information about the City of Indian Wells’s cleaning and disinfection plan.

Within one (1) business day of the time the City of Indian Wells knew or should have known of the COVID-19 case, the City of Indian Wells will also provide the notice of the potential workplace exposure to the authorized representative of any employee who was on the premises at the same worksite as the COVID-19 case during the high-risk exposure period.
c. Offer of Free COVID-19 Testing Following a Close
Contact COVID-19 Exposure
The City of Indian Wells makes COVID-19 testing available at no cost to employees to all employees who had a close contact COVID-19 exposure at an City of Indian Wells worksite. The City of Indian Wells will offer employees COVID-19 testing during paid time, whether during the employee’s regular work schedule or otherwise, and will provide compensation for the time that the employee spends waiting for and being tested.

The City of Indian Wells will not provide free COVID-19 testing to COVID-19 cases who returned to work pursuant to the criteria set forth in Section K of this CPP and have remained free of COVID-19 symptoms, for 90 days after the initial onset of COVID-19 symptoms or, for COVID-19 cases who never developed symptoms, for 90 days after the first positive test.
d. Leave and Compensation Benefits for Close Contact
Exposures
The City of Indian Wells provides employees that had a close contact COVID-19 exposure with information regarding COVID-19-related benefits to which the employees may be entitled under applicable federal, state, or local law, the City of Indian Wells’s own leave policies, and leave guaranteed by contract.

The City of Indian Wells will continue and maintain these employees’ earnings, seniority, and all other employee rights and benefits, including the employees’ right to their former job status, as if the employees had not been removed from their jobs.

The City of Indian Wells may require that these employees use City of Indian Wells - provided employee sick leave benefits for this purpose and consider benefit payments from public sources in determining how to maintain earnings, rights and benefits, where permitted by law and when not covered by workers’ compensation. e. Investigation to Determine Whether Workplace
Conditions Contributed to COVID-19 Exposure
105

11 The City of Indian Wells will conduct an investigation in order to determine whether any workplace conditions could have contributed to the risk of COVID-19 exposure and what may be done to reduce exposure to such COVID-19 hazards, if any.

3. Confidential Medical Information
The City of Indian Wells will protect the confidentiality of the COVID-19 cases, and will not disclose to other employees the fact that the employees tested positive for or were diagnosed with COVID-19.

The City of Indian Wells will keep confidential all personal identifying information of COVID-19 cases unless expressly authorized by the employees to disclose such information or as other permitted or required under the law.

D. CORRECTION OF COVID-19 HAZARDS AT CITY OF INDIAN WELLS

WORKSITES AND FACILITIES
The City of Indian Wells will implement effective policies and/or procedures for correcting unsafe or unhealthy conditions, work practices, policies and procedures in a timely manner based on the severity of the hazard.

This includes, but is not limited to, implementing controls and/or policies and procedures in response to the evaluations conducted related to the identification and evaluation of COVID-19 hazards and investigating and responding to COVID-19 cases in the workplace. This also includes implementing controls related to physical distancing, face coverings, engineering controls, administrative controls, and personal protective equipment (“PPE”).

E. TRAINING AND INSTRUCTION OF EMPLOYEES

1. COVID-19 Symptoms
The City of Indian Wells provides employees training and instruction on COVID-19 symptoms, including advising employees of COVID-19 symptoms, which include the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person’s symptoms were caused by a known condition other than COVID-19.

The City of Indian Wells monitors and adheres to guidance issued by the CDC concerning COVID-19 symptoms, including guidance provided at the following web address: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html .

The City of Indian Wells will advise employees in the event that the CDC revises the symptoms that its associates with COVID-19.

In addition to providing training and instruction on COVID-19 symptoms, the City of Indian Wells provides information and instruction on the importance of employees not coming to work if they have any COVID-19 symptoms. As discussed below, the City of 106

12 Indian Wells provides information on paid leaves to which employees may be entitled if they are experiencing a COVID-19 symptom and would like to be tested for COVID-19.

2. COVID-19 Vaccinations
The City of Indian Wells provides employees information and instruction on the fact that COVID-19 vaccines are effective at both preventing the transmission of the virus that causes COVID-19 and preventing serious illness or death, and how employees may receive paid leave for reasons related to COVID-19 vaccinations.

As discussed below, the City of Indian Wells provides information on paid leaves to which employees may be entitled in order for them to be vaccinated and in the event that they experience any illness or adverse effects as a result of such vaccination.

3. City of Indian Wells’s COVID-19 Policies and Procedures The City of Indian Wells provides regular updates to employees on the City of Indian Wells’s policies and procedures adopted in order to prevent COVID-19 hazards at City of Indian Wells worksites and facilities, how such policies and procedures are intended to protect the health and safety of employees and City of Indian Wells worksites and facilities, and how employees may participate in the identification and evaluation of COVID-19 hazards in order to make such worksites and facilities healthier and safer for themselves and others.

4. COVID-19 Related Benefits
The City of Indian Wells advises and provides updates to employees on the leaves to which employees may be entitled under applicable federal, state, or local laws as well as the City of Indian Wells’s own leave policies.

Further, when employees require leave in order to receive a COVID-19 test or to be vaccinated or are directed not to report to work by the City of Indian Wells for reasons related to the presentation of COVID-19 symptoms, a COVID-19 case, close contact COVID-19 exposure, the City of Indian Wells will advise the employees of the leaves to which the employees may be entitled for that specific reason.

5. Spread and Transmission of the Virus that Causes COVID-19 The City of Indian Wells advises and provides updates to employees about the known spread and transmission of COVID-19. The City of Indian Wells specifically advises employees of the following: (1) that COVID-19 is an infectious respiratory disease; (2) that he virus that causes COVID-19 can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales; (3) that particles containing the virus can travel more than six (6) feet, especially indoors, so physical distancing must be combined with other controls, including face coverings and hand hygiene, including hand washing, in order to be effective; (4) that COVID-19 may be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth, although that is less common; and (5) that an infectious person may have present no COVID-19 symptoms or be pre-symptomatic.

6. Hand Hygiene, and Face Coverings and Respirators
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13 The City of Indian Wells advises employees of the importance of physical distancing, face coverings, and hand hygiene, including hand washing, and instructs employees that the combination of physical distancing, face coverings, increased ventilation indoors, and respiratory protection make such preventative measures most effective.

With respect to hand hygiene, the City of Indian Wells provides employees information regarding the importance of frequent hand washing, that hand washing is most effective when soap and water are used and the employees washes for at least 20 seconds. The City of Indian Wells instructs employees to use hand sanitizer when employees do not have immediate access to a hand washing facility (i.e., a sink) and that hand sanitizer will not be effective if the employee’s hands are soiled.

With respect to face coverings and respirators, the City of Indian Wells provides employees information on the benefits of face coverings, both to themselves and to others. The City of Indian Wells also provides employees instructions on the proper use of face coverings and the differences between face coverings and respirators.

The City of Indian Wells will provide certain employees respirators for their use in certain circumstances, including to individuals who are not fully vaccinated, who are working indoors or in a vehicle with more than one person, and who request the devices for their use at work. At such time as the City of Indian Wells provides respirators to employees for their use, it will provide such employees training on the proper use of such respirators, including, but not limited to, the method by which employees may check the seal of such respirator in conformance with the manufacturer’s instructions.

The City of Indian Wells will provide training on the conditions under which face coverings must be worn at the workplace and that face coverings are additionally recommended outdoors for people who are not fully vaccinated if six feet of distance between people cannot be maintained. Employees can request face coverings from the City of Indian Wells at no cost to the employee and can wear them at work, regardless of vaccination status, without fear of retaliation.

F. FACE COVERINGS

1. General Face Covering Requirements
The City of Indian Wells provides face coverings to all employees who are not fully vaccinated and requires that such face coverings are worn by employees when indoors or in vehicles, unless certain conditions are satisfied, as explained below.

The City of Indian Wells adheres to the most restrictive or prescriptive public health order provided by the CDC, CDPH or the local health department applicable to the City of Indian Wells, and will provide face coverings and ensure they are worn by employees when required by orders from the CDPH.

The City of Indian Wells requires that employees face coverings be clean and undamaged. The City of Indian Wells allows employees to use face shields to supplement, not supplant, face coverings.

2. Limited Exceptions
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14 The City of Indian Wells provides for the following exceptions to the face coverings requirement:

1. When an employee is alone in a room (e.g., alone in an office or another space with walls that extend from the floor to the ceiling and a door that may be closed in order to close the space to others) or vehicle;

2. While eating and drinking at the workplace, provided employees are at least six (6) feet apart and outside air supply to the area, if indoors, has been maximized to the extent feasible.

3. Employees wearing respirators required by the City of Indian Wells and being used in compliance with the regulatory requirements for the use of such respirators.

4. Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing-impaired or communicating with a hearing-impaired person.

5. Specific tasks which cannot feasibly be performed with a face covering.

This exception is limited to the time period in which such tasks are actually being performed

3. Required Use of Effective Non-Restrictive Alternative for Employees Exempted from Face Covering Requirement
The City of Indian Wells requires that its employees who are exempted from wearing face coverings due to a medical condition, mental health condition, or disability wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if their condition or disability permits it.

4. Physical Distancing Required If Employee Is Not Wearing Face Covering or Non-Restrictive Alternative
The City of Indian Wells requires that any employees not wearing a face covering due to exception number 5, identified in Subsection 2 above, and not wearing a face shield with a drape or other effective alternative as described in Subsection 3 above, shall remain at least six (6) feet apart from all other persons unless the unmasked employees are tested at least weekly for COVID-19 during paid time and at no cost to the employee or are fully vaccinated.

In situations where a face covering is otherwise required, face coverings must be worn, and the exceptions to face coverings contained in this section no longer apply.

However, the City of Indian Wells does not use COVID-19 testing as an alternative to face coverings when face coverings are otherwise required by this section.

5. Prohibition on Preventing Employees from Wearing Face Covering
The City of Indian Wells does not prevent any employee from wearing a face covering when wearing a face covering is not required by this section, unless not wearing a face 109

15 covering would create a safety hazard, such as interfering with the safe operation of equipment.

6. Communication to Non-Employees Regarding Face Covering Requirement
The City of Indian Wells posts signage to inform non-employees of the City of Indian Wells’s requirements concerning the use of face coverings at City of Indian Wells worksites and facilities.

G. OTHER ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS

AND PERSONAL PROTECTIVE EQUIPMENT (PPE)

1. Maximization of Outdoor Air
As provided above at Section IV.B.5., for indoor City of Indian Wells worksites and facilities, the City of Indian Wells evaluated how to maximize the quantity of outdoor air.

Further, for City of Indian Wells worksites and facilities with mechanical or natural ventilation, or both, the City of Indian Wells maximizes the quantity of outside air provided to the extent feasible, except when the Environmental Protection Agency (“EPA”) Air Quality Index (“AQI”) is greater than 100 for any pollutant or if opening windows or letting in outdoor air by other means would cause a hazard to employees, for instance from excessive heat or cold.

2. Cleaning Procedures
The City of Indian Wells undertakes the following cleaning measures:

1. Identify and regularly clean frequently touched surfaces and objects, such as doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, phone, headsets, bathroom surfaces, and steering wheels;

2. Inform employees and authorized employee representatives of the City of Indian Wells’s cleaning and disinfection protocols, including the planned frequency and scope of cleaning and disinfection; and

3. Clean areas, material, and equipment used by a COVID-19 case during the high-risk exposure period and disinfection if the area, material, or equipment is indoors and will be used by another employee within 24 hours of the COVID-19 case.

Further, the City of Indian Wells requires that cleaning must be done in a manner that does not create a hazard to employees or subcontracted employees who do the cleaning and disinfecting.

3. Evaluation of Handwashing Facilities
In order to protect employees, the City of Indian Wells evaluates its handwashing facilities in order to determine the need for additional facilities, encourage and allow time for employee handwashing, and provide employees with an effective hand sanitizer.
110

16 The City of Indian Wells encourages employees to wash their hands with soap and water for at least 20 seconds each time.

The City of Indian Wells does not provide hand sanitizers with methyl alcohol.

4. Personal Protective Equipment (“PPE”)
a. Evaluation of the Need for PPE
The City of Indian Wells evaluates the need for PPE in order to prevent employees from being exposed to COVID-19 hazards.
b. Provision of PPE When Necessary
The City of Indian Wells provides PPE, including, but not limited to, face coverings, respirators, gloves, goggles, and face shields, to and for employees who require such equipment in order to perform their job duties in a healthy and safe manner, including where employees are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids.

Upon request, the City of Indian Wells shall provide respirators to employees for voluntary use to all employees who are not fully vaccinated and who are working indoors or in vehicles with more than one person. Whenever the City of Indian Wells makes respirators available for voluntary use, the City of Indian Wells will ensure that employees receive a respirator of the correct size and will provide such employees training on the proper use of such respirators, including, but not limited, the method by which employees may check the seal of such respirator in conformance with the manufacturer’s instructions, as discussed in Section IV.E.6.

5. Testing of Symptomatic Employees Who Are Not Fully
Vaccinated
The City of Indian Wells makes COVID-19 testing available at no cost to employees with COVID-19 symptoms who are not fully vaccinated. This testing will be made available during the employees’ paid time.

H. REPORTING, RECORDKEEPING AND ACCESS

1. Reporting COVID-19 Cases to the Local Health Department The City of Indian Wells reports COVID-19 cases and COVID-19 outbreaks at City of Indian Wells worksites and facilities to the local health department. Further, the City of Indian Wells provides any related information requested by the local health department.

2. Maintenance of Records Related to the Adoption of the CPP The City of Indian Wells maintains records of the steps it has taken to implement this provisions described in this CPP.
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17 3. Availability of the CPP for Inspection
The City of Indian Wells makes this written CPP available to employees and employee organizations at City of Indian Wells worksites or facilities. Further, the City of Indian Wells makes this written CPP available to Cal/OSHA representatives immediately upon request.

4. Records Related to COVID-19 Cases
The City of Indian Wells keeps a record of and tracks all COVID-19 cases with the following information: (1) employee’s name; (2) contact information; (3) occupation; (4) location where the employee worked: (5) the date of the last day at the workplace; and (6) the date of a positive COVID-19 test.

The City of Indian Wells keeps employees’ medical information confidential.

I. EXCLUSION OF COVID-19 CASES AND EMPLOYEES WHO HAD A
CLOSE CONTACT COVID-19 EXPOSURE

1. Exclusion of COVID-19 Cases from City of Indian Wells Worksites and Facilities
The City of Indian Wells ensures that COVID-19 cases are excluded from City of Indian Wells worksites and facilities until the employee satisfies the minimum return to work criteria, as provided in Section IV.J.

2. Exclusion of Employees with Close Contact COVID-19
Exposures from City of Indian Wells Worksites and Facilities The City of Indian Wells ensures that employees who had a close contact COVID-19 exposure are excluded from City of Indian Wells worksites and facilities until the employee satisfies the minimum return to work criteria, as provided in Section IV.J.

3. Provision of Benefits to Employees Excluded from Work as a Result of a Positive COVID-19 Test or Diagnosis or a Close Contact COVID-19 Exposure
a. Employees Who Are Able to Telework During Isolation
or Quarantine Period
The City of Indian Wells allows employees who are able to telework to telework during the isolation or quarantine period. The City of Indian Wells will provide these employees their normal compensation for the work that they perform for the City of Indian Wells during the isolation or quarantine period.

The City of Indian Wells continues and maintains such an employee's earnings, wages, seniority, and all other employee rights and benefits, including the employee's right to their former job status, as if the employee had not been removed from their job. b. Employees Who Are Unable to Telework During
Isolation or Quarantine Period
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18 The following employees are not entitled to the benefits described below: (1) Employees for whom the City of Indian Wells can demonstrate that the close contact COVID-19 exposure was not work-related; and (2) Employees who received disability payments or were covered by workers’ compensation and received temporary disability. Such employees may still use paid sick leave for the purpose of receiving compensation during the isolation or quarantine period if they elect to do so.

For other employees, the City of Indian Wells requires that employees who are unable to telework, but are otherwise able and available to work, the City of Indian Wells may use paid sick leave available to the employee for the purpose of continuing and maintaining the employee’s earnings during the isolation or quarantine period. The City of Indian Wells may use the employee’s paid sick leave in order to continue and maintain the employee’s earnings during the isolation or quarantine period.

Employees retain their entitlement to elect not to use other earned or accrued paid leave during this time. The City of Indian Wells may provide such employees who are unable to telework, but who do not have any paid sick leave available, paid administrative leave in order to receive compensation during the isolation or quarantine period.

For all employees who are subject to an isolation or quarantine because of a COVID-19 case or a close contact COVID-19 exposure, the City of Indian Wells will maintain the employees’ seniority and all other employee rights and benefits, including the employees’ right to their former job status, during the isolation or quarantine period.

4. Adherence with Laws, Policies, and/or Agreements Providing Excluded Employees Greater Protections
The obligations set forth in this section do not limit any other applicable law, City of Indian Wells policy, or collective bargaining agreement that provides employees with greater protections or benefits.

5. Provision of Information Concerning Benefits to Excluded Employees
At the time of exclusion, the City of Indian Wells provides the excluded employees the information on paid leave benefits to which the employees may be entitled under applicable federal, state, or local laws.

This includes, but is not limited to, any paid leave benefits available under workers’ compensation law, Labor Code sections 3212.86 through 3212.88, the City of Indian Wells’s own leave policies, and leave guaranteed by contract.

J. RETURN TO WORK CRITERIA

1. Minimum Criteria to Return to Work for COVID-19 Cases Unless the exception discussed below applies, the City of Indian Wells requires that a COVID-19 case isolate and remain at their home or place of residence and not report to any City of Indian Wells worksite following their diagnosis as a COVID-19 case. 113

19 A COVID-19 case may discontinue isolation and return to City of Indian Wells worksites after satisfying the conditions of either of the two (2) following protocols. a. Testing to Discontinue Isolation and Return to Work
Upon the completion of five (5) days in isolation, a COVID-19 case may discontinue their isolation and return to a City of Indian Wells worksite work if they satisfy each of the following conditions:
(1) The COVID-19 case is either asymptomatic or their symptoms associated with COVID-19 are resolving (i.e., improving);
(2) The COVID-19 case received a test for COVID-19 on or after day five (5) of the isolation period, and the test returned a negative result; and (3) The COVID-19 case wears a face covering while at the worksite for at least 10 days from the day of the initial diagnosis.

An employee who has a fever will not be permitted to discontinue isolation or return to work until the fever is resolved.
b. Discontinuation of Isolation through No Testing
Upon the completion of the 10 day isolation, a COVID-19 case who has not submitted to COVID-19 testing may discontinue their isolation and return to a City of Indian Wells worksite without testing if the COVID-19 case is either asymptomatic or their symptoms associated with COVID-19 are resolving (i.e., improving).

An employee who has a fever will not be permitted to discontinue isolation or return to work until the fever is resolved.

2. Minimum Criteria to Return to Work for Close Contacts Unless one of the exceptions discussed below applies, the City of Indian Wells requires that any employee who has had a close contact exposure to a COVID-19 case quarantine and not report to any City of Indian Wells worksite following their exposure.

An employee who has had such an exposure may discontinue quarantine and return to work after satisfying the conditions of either of the two (2) following protocols. a. Testing to Discontinue Quarantine and Return to Work Upon completion of five (5) days in quarantine, an employee who has had a close contact exposure may discontinue their quarantine and return to City of Indian Wells worksites if they satisfy each of the following conditions:
(1) The employee who had a close contact exposure is asymptomatic; (2) The employee who had a close contact received a test for COVID-19 on or after day five (5) following the exposure, and the test returned a negative result; and
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20 (3) The employee who had a close contact wears a face covering while at the worksite for at least 10 days following the exposure.

If an employee who has had a close contact exposure develops symptoms associated with COVID-19, the City of Indian Wells will exclude the employee from the City of Indian Wells’s worksites until the employee is tested for COVID-19 and tests negative.

If an employee who has had a close contact exposure tests positive, the City of Indian Wells will require that the employee follow the isolation requirements provided for above.
b. Discontinuation of Quarantine through No Testing
Upon the completion of the 10 day quarantine, an employee who has had a close contact exposure, but has not submitted to COVID-19 testing, may discontinue their quarantine and return to a City of Indian Wells worksite without testing if the employee who had a close contact exposure is asymptomatic.
c. Exceptions to Quarantine Requirements
i. No Quarantine Required for Employees Who are Boosted or Fully Vaccinated, But Not Yet Eligible for a Booster Following a close contact exposure, the City of Indian Wells will not exclude from City of Indian Wells worksites employees who are and remain asymptomatic and are either fully vaccinated and boosted employees or fully vaccinated employees who are not yet eligible for a booster dose, and have provided the City of Indian Wells documentation of such vaccination/booster status.

In order to remain at work, the City of Indian Wells requires that such employees submit to a COVID-19 test on day five (5) following a close contact exposure and that the test return a negative result.

If the employee develops any symptoms associated with COVID-19 following the close contact exposure, the City of Indian Wells requires that the employee be excluded from all City of Indian Wells worksites until the employee submits to a COVID-19 test and satisfies the applicable isolation or quarantine requirements. ii. No Quarantine Required for Employees Who are Fully
Vaccinated, and Booster-Eligible, But Not Yet Boosted
Asymptomatic employees who are fully vaccinated and booster eligible but have not yet received the booster are not required to quarantine upon a close contact exposure if the employee (1) obtains a negative result from a COVID-19 Test taken within 3 to 5 days after the most recent close contact exposure, (2) wears a well-fitting mask around others for a total of ten days from the date of the most recent close contact exposure, and (3) continues to be asymptomatic.
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21 3. Minimum Criteria to Return to Work for Employees Directed to Self-Quarantine or Isolate by a State or Local Health Official If employees are subject to an isolation or quarantine order issued by a state or local health official, the City of Indian Wells requires that the employees not report to any City of Indian Wells worksite until the period of isolation or quarantine is completed or the order is lifted.

If the relevant order did not specify a definite isolation or quarantine period, then the City of Indian Wells will require that employees isolate or quarantine according to the applicable periods and criteria provided for in this Section or as otherwise instructed by the City of Indian Wells.

4. Allowance by Cal/OSHA for an Employee to Return to Work If no violations of state or local health officer orders related to the employee’s isolation, quarantine, or exclusion would result, the City of Indian Wells may request that Cal/OSHA waive the quarantine or isolation requirement for essential employees and allow such employees to return to work on the basis that the removal of employees would create undue risk to a community’s health and safety.

Where the absence of an essential employee from the City of Indian Wells’ worksite would cause a staffing shortage that would have an adverse on a community’s health and safety and pose an undue risk to the community’s health and safety as a result, Cal/OSHA may grant such waiver.

In order to request a waiver under such circumstances, the City of Indian Wells will submit the written request to [email protected]. In the event of an emergency, the City of Indian Wells may request a provisional waiver by contacting the local Cal/OSHA office while the City of Indian Wells prepares the written waiver request.

The written waiver request must provide for the following information:

1. Employer name and business or service;

2. Employer point-of-contact name, address, email and phone number;

3. Statement that there are no local or state health officer orders for isolation or quarantine of the excluded employees;

4. Statement describing the way(s) in which excluding the exposed or COVID-19 positive employees from the workplace impacts the employer’s operation in a way that creates an undue risk to the community’s health and safety;

5. Number of employees required to be quarantined under the Cal/OSHA regulation, and whether each was exposed to COVID-19 or tested positive for COVID-19; and

6. The employer’s control measures to prevent transmission of COVID-19 in the workplace if the employee(s) return or continue to work in the workplace, 116

22 including the prevention of further exposures. These measures may include, but are not limited to, preventative steps such as isolating the returned employee(s) at the workplace and requiring that other employees use respirators in the workplace.

In addition to submitting a request for a Cal/OSHA waiver, the City of Indian Wells will develop, implement, and maintain effective control measures to prevent transmission in the workplace including providing isolation for the employees at the City of Indian Wells worksite and, if isolation is not feasible, the use of respirators in the workplace. 117

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-008-22 Item #:E.

Indian Wells City Council
Staff Report - City Manager’s Office February 17, 2022 Resolution Opposing the Taxpayer Protection and Government Accountability Act
RECOMMENDED ACTIONS:

Council ADOPTS Resolution 2022-08 opposing the Taxpayer Protection and Government Accountability Act (AG 21-0042A1); and
AUTHORIZES Staff to submit said resolution to Cal Cities.

DISCUSSION:

In 2018, the “Tax Fairness, Transparency and Accountability Act” (AG# 17-0050 Amdt. #1), was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. This measure was withdrawn from the ballot in June 2018.

On January 4, 2022, the California Business Roundtable (CBRT) filed the Taxpayer Protection and Government Accountability Act (AG# 21-0042A1). In summary, the Act states:

For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements.

Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. (21-0042A1.) This measure is viewed as more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations. The Taxpayer Protection and Government Accountability Act limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws City of Indian Wells Printed on 2/11/2022Page 1 of 2
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File #:RES-008-22 Item #:E.
accountable.

Cal Cities (formerly the League of California Cities), along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative and are requesting that cities adopt resolutions opposing the measure.

ATTACHMENT:

1. Resolution
City of Indian Wells Printed on 2/11/2022Page 2 of 2
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1 RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT (INITIATIVE 21-0042A1)
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. The City of Indian Wells opposes The Taxpayer Protection and Government Accountability Act (Initiative 21-0042A1).

SECTION 2. The City of Indian Wells will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

ATTACHMENT #1
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City of Indian Wells
Resolution No. 2022-08

SECTION 4. Staff is directed to email a copy of this adopted resolution to the League of California Cities.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 17th day of February, 2022.

____________________________

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-08

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 17th day of February, 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

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City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:026-22 Item #:F.

Indian Wells City Council
Staff Report -City Attorney February 17, 2022
Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

Background:

All meetings legislative bodies of the City are subject to the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.), and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.

On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following: (1) a statewide state of emergency is currently in place; and (2) state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.

Continued compliance with AB 361 will require the City Council to approve the action making the City of Indian Wells Printed on 2/11/2022Page 1 of 2
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File #:026-22 Item #:F.

Continued compliance with AB 361 will require the City Council to approve the action making the required findings every 30 days (or at the next Council meeting, if greater than 30 days).

Analysis:

The Governor has proclaimed a state of emergency in response to the ongoing COVID-19 pandemic.

The state of emergency currently remains in effect. Further, State officials - including the California Department of Public Health - and local officials have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Accordingly, both of the above -referenced findings required by AB 361 exist.

The City Council recognizes that a person’s ability to attend and participate in person might change suddenly, depending on the person’s exposure to the virus, or changes in the person’s own health and vulnerability to infection. The Council recognizes that members of the public, and from time-to- time, members of the Council and of other City legislative bodies, as well as City staff might need to or might feel more comfortable attending meetings virtually in light of the ongoing COVID-19 pandemic and the manner in which circumstances surrounding the pandemic, including the impact on individual and public health, may rapidly change. Accordingly, the City Council thus desires to allow for virtual or hybrid (in-person and virtual) meetings of all the City’s legislative bodies in order to both ensure the health and safety of the public, City officials, and City staff, as well as continuity of government in allowing regularly scheduled meetings to continue to occur without unanticipated interruption.

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City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:027-22 Item #:G.

Indian Wells City Council
Staff Report - Finance February 17, 2022
Supplemental Appropriation for Assembly Bill 939 Recycling Funding RECOMMENDED ACTION:

Council APPROVES Supplemental Appropriation in the Amount of $187,000 for Indian Wells Recycling Efforts.

DISCUSSION:

The City and the Indian Wells Golf Resort operate recycled mulching programs to enhance landscaping throughout the City. Recycled mulch provides many direct and indirect benefits when utilized in landscaping such as beautification, landfill diversion, soil enrichment, carbon sequestration, erosion control, stormwater management, and other uses.

While researching funding sources for a similar State recycling bill (SB 1383), Staff discovered Assembly Bill 939 (AB 939) recycling funds can be used for the purchase and installation of recycled mulch within the City and at the Indian Wells Golf Resort. Employing AB 939 recycling funds to purchase recycled mulch reduces General Fund and Golf Resort operating costs.

Year to date mulch costs at the City are $1,500 and Staff anticipates spending an additional $26,500 throughout the remaining fiscal year. Similarly, year to date mulch costs at the Golf Resort are $49,000 and Troon Staff anticipates spending $110,000 throughout the remaining fiscal year.

FISCAL IMPACT:

This is an unbudgeted expenditure of AB 939 funds, and a supplemental appropriation is required.

The current fund balance in the AB 939 fund is $550,000. Staff recommends a total appropriation of $187,000 to fund City and Indian Wells Golf Resort mulch requirements for fiscal year 2021-22.

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City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-004-22 Item #:H.

Indian Wells City Council
Staff Report - Finance February 17, 2022 Resolution Authorizing Examination of Sales and Use Tax Records RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-04 authorizing examination of sales and use tax records by MuniServices LLC on behalf of the City.

DISCUSSION:

Pursuant to Revenue and Taxation Code 7270, the City Council of Indian Wells passed Ordinance 9 in August 1967 to contract with the California Department of Tax and Fee Administration for the administration and collection of sales and use taxes.

The City entered a contract with Municipal Resources Consultant in March 1991, providing essential analytical support of sales and use tax receipts. Recently, Municipal Resources Consultant changed their legal ownership name to MuniServices LLC.

The California Department of Tax and Fee Administration is requiring MuniServices LLC to obtain updated resolutions from local municipalities specifically naming MuniServices LLC as the representative to access records on behalf of the local municipalities. The attached resolution accomplishes this goal. This change is an administrative issue and does not have a monetary impact.

ATTACHMENT:

1. Resolution
City of Indian Wells Printed on 2/11/2022Page 1 of 1
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RESOLUTION NO. 2022-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS AUTHORIZING EXAMINATION OF SALES AND USE TAX

RECORDS
WHEREAS, pursuant to Ordinance Number 9, the City of Indian Wells (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, pursuant to Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the City Council of the City of Indian Wells deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS HEREBY RESOLVES AS FOLLOWS:

Section 1. That the Finance Director or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a)Economic Development
ATTACHMENT #1
126

City of Indian Wells
Resolution No. 2022-04

(b) Budgeting and Forecasting of sales or transactions or use taxes

(c) Detection of misallocations

The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Section 3. That MuniServices, LLC. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and MuniServices, LLC:

a) has an existing contract with the City to examine those sales or transactions and use tax records;

b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.

c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;

d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution

Section 4. That MuniServices, LLC. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribtuion of sales or transactions and use taxes that was filed by MuniServices, LLC. on behalf of the City pursuant to the contract between the MuniServices, LLC. and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the MuniServices, LLC.:

127

City of Indian Wells
Resolution No. 2022-04

a) has an existing contract with the City to examine those sales or transactions and use tax records;

b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.

c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;

d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

Section 5. That this resolution supercedes all prior resolutions of the City Council of the City of Indian Wells adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, this 17th day of February 2022.

________________________________

DANA REED
MAYOR

128

City of Indian Wells
Resolution No. 2022-04

CERTIFICATION FOR RESOLUTION NO. 2022-04

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells the 17th day of February 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

___________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

129

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:028-22 Item #:I.

Indian Wells City Council
Staff Report - Public Works February 17, 2022
Supplemental Appropriation for Grant Writer Services to Engineering Solutions Services
RECOMMENDED ACTION:

Council APPROVES supplemental appropriation for $35,000 to Engineering Solutions Services’ (“ESS”) contract to continue providing grant research and application services for various project grants; and
AUTHORIZES the City Manager, or designee, to transfer funds into the appropriate account.

DISCUSSION:

In recent months, the City of Indian Wells has been successful in obtaining grant funding to supplement the cost of operations and capital improvement projects. Staff has worked with Engineering Solutions Services (ESS) to develop guidelines to evaluate the City’s probability for success with various grant applications. Many of the Federal and State Grants available are biased to assist economically disadvantaged communities, our guidelines ensure the City’s efforts and expenses are focused on grant opportunities in which Indian Wells is most competitive. In Fiscal Year 2021-22, ESS submitted grants on the City’s behalf for $2,453,361. Four of these grant applications help pay for drainage improvements including three in the Whitewater Channel and one helps the City comply with the State’s Organic Waste diversion mandate. All five applications are currently under review with the State.

The original budget for this contract was $10,000. To date, the City has been successful with grant applications through ESS totaling $201,280.

FISCAL IMPACT:

Staff is requesting a supplemental appropriation of $35,000 be added from the City’s General Fund to the Professional Services account of the Public Works operating budget for this expense.

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City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-005-22 Item #:J.

Indian Wells City Council
Staff Report - Public Works February 17, 2022 Resolution for Proposition 68 Flood Improvement Grant Funding Application RECOMMENDED ACTIONS:

Council ADOPTS Resolution 2022-05 authorizing the City to submit four grant proposals for funding from the Department of Water Resources; and
DESIGNATES the City Manager, or designee, as the City’s Representative with authority to Execute all related documents.

DISCUSSION:

City staff, in consultation with the City’s grant consultant, have identified four projects that are candidates for the California Department of Water Resources Flood Improvement Grant (Proposition 68). Each of the projects, briefly described below, improves flood management along the Whitewater River Channel or drainage improvement along Highway 111. The Proposition 68 grant program requires a 25% match for each project awarded.

Whitewater River Channel (Three Projects):
·East and West Drop Structures (Two Projects) - Both these structures were damaged during floods 2019. The City is working with the Federal Emergency Management Agency and the City’s insurance adjuster for funding for repairs. This grant will offset any funding gaps in the repair work. Both the East and West Drop Structure improvements serve to reduce the erosive potential of storm waters and capture much of the silt deposits associated with storm runoff.

To slow the flood waters, each project reconstructs their respective drop structures with riprap and each design includes a basin to capture silt deposits. The drop structure improvement projects represent two of the three channel projects.
·Low Flow Channel Widening (One Project) - Reconstructing the concrete channel and increasing its cross section will allow a higher water volume storm flow to be contained within the concrete ribbon and reduce erosion along the channel. In addition, the added width will to the channel will be designed to accommodate a standard size tractor bucket to make maintenance more efficient. These improvements will also reduce the amount of sediment City of Indian Wells Printed on 2/11/2022Page 1 of 2
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File #:RES-005-22 Item #:J.
maintenance more efficient. These improvements will also reduce the amount of sediment deposited within the grass areas of the Golf Resort and associated clean-up costs.

Highway 111 Street Drainage Project - The final project Staff is proposing to include with the Proposition 68 Grant Funding request is a drainage improvement project on the northside of westbound Highway 111 adjacent to Mountain View Villas. During a significant rain event water ponds along the shoulder of Highway 111 creating a traffic hazard and potential for hydroplaning.

The improvements divert the ponding water onto the turf parkway and drain the water to the Deep Canyon Channel.

FISCAL IMPACT:

The City Council has already approved funding for the repairs to the East and West Drop Structure Projects. Any grant funding will help to offset those previously approved funding.

East Drop Structure project cost =$1,034,829
Grant application = $776,122
City contribution (25%) = $258,707
West Drop Structure project cost =$817,945
Grant application = $613,459
City contribution (25%) = $204,486
The Low Flow Channel project is not currently funded. If the grant is approved, staff will request a supplemental appropriation of $200,000 at a future meeting. for the City’s 25% contribution.

Low Flow Channel project cost =$800,000
Grant application = $600,000
City contribution = $200,000
The Highway 111 Flooding project is budgeted in a future Fiscal Year. If the grant is approved, staff will request the Council to advance funds at a future meeting.

Hwy 111 Flooding Prevention project cost =$350,000
Grant application = $262,500
City contribution = $87,500
ATTACHMENT:

1. Resolution
City of Indian Wells Printed on 2/11/2022Page 2 of 2
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RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, AUTHORIZING PROPOSALS FOR FUNDING

FROM THE DEPARTMENT OF WATER RESOURCES AND

DESIGNATING A REPRESENTATIVE TO EXECUTE THE AGREEMENT
AND ANY AMENDMENTS HERETO, FOR THE FOLLOWING PROJECTS:

LOW FLOW CHANNEL, HIGHWAY 111 FLOODING PREVENTION,

EAST DROP STRUCTURE AND WEST DROP STRUCTURE
WHEREAS, the City of Indian Wells is a City with responsibility for and authority over flood management in the area proposed for the projects and is willing to participate in, coordinate, and collaborate with other interested parties that are participating in the development of the City of Indian Wells projects;
WHEREAS, the City of Indian Wells is authorized to enter into an agreement with the Department of Water Resources and the State of California;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. That pursuant and subject to all of the terms and conditions of the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund Act of 2018 (Proposition 68; Pub. Resources Code, § 80000 et seq.), the City of Indian Wells shall submit proposals to obtain funding for the Low Flow Channel, Highway 111 Flooding Prevention, East Drop Structure and West Drop Structure Projects from the Department of Water Resources.

SECTION 2. That the City Council authorizes the City Manager, or designee, to execute the funding agreement with the Department of Water Resources and any amendments thereto.

SECTION 3. That the City Manager, or designee, shall prepare the necessary data, make investigations, and take other such actions as necessary and appropriate to execute the Low Flow Channel, Highway 111 Flooding Prevention, East Drop Structure and West Drop Structure Projects.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

ATTACHMENT #1
133

City of Indian Wells
Resolution No. 2022-05

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 17th day of February, 2022. ____________________________

DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-05
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 17th day of February 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
134

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-006-22 Item #:K.

Indian Wells City Council
Staff Report - Public Works February 17, 2022 Resolution Authorizing Submittal of Applications for all CalRecycle Grant and Payment Programs
RECOMMENDED ACTIONS:

Council ADOPTS Resolution 2022-06 authorizing the City Manager, or designee, to submit applications for any and all CalRecycle grants the City is eligible for; and AUTHORIZES the City Manager, or designee, to execute any agreements applicable to CalRecycle grants, for a period not to exceed five years.

DISCUSSION:

The California Department of Resources Recycling and Recovery (CalRecycle) offers funding opportunities to assist public and private entities in the safe and effective management of the waste stream. Public Resources Code sections 48000 et seq. authorizes CalRecycle to administer various grant programs in furtherance of the State’s efforts to reduce, reuse, and recycle solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment.

These grant funding opportunities can directly support the City's efforts in meeting many of the State’s waste diversion requirements. Recent State legislation has established strict diversion goals, which must be met by municipalities over the next several years. Following the precedents set by Assembly Bill 341 Mandatory Recycling (AB 341) and Assembly Bill 1826 Mandatory Commercial Organics (AB 1826), CalRecycle recently passed and formalized rules and regulations for Senate Bill 1383 as part of the State's Short-Lived Climate Pollutant Reduction Strategy, which mandates Cities to implement mandatory programming, education, monitoring, reporting, and enforcement actions for all waste streams.

Annual entitlement funding from CalRecycle Payment Programs, which are unrelated to CalRecycle Grant funding, include the Beverage Container Recycling City/County Payment Program. CalRecycle provides funding to jurisdictions to enhance the beverage container program. These include, among others, beverage container recycling, greenhouse gas reduction, tire recycling, and solid waste City of Indian Wells Printed on 2/11/2022Page 1 of 2
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File #:RES-006-22 Item #:K.
disposal and site cleanup grants.

In addition to these resources, City staff actively seeks competitive CalRecycle Grant opportunities, all of which require authorization to apply by resolution. Time frames to apply for these grant opportunities are generally very strict, further justifying the need to secure authorization approval to apply for these grant funds as they are available.

Environmental Review Exempt - Adoption of an Ordinance regarding modifications to city procedures and administrative processes that do not change development standards are not considered to be a project under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines and are exempt from CEQA under Section 15061 (b), the “General Rule,” since they do not have the potential to result in reasonably foreseeable indirect physical changes in the environment. Staff recommends the City Council direct a Notice of Exemption be filed with the Riverside County Clerk in accordance with the CEQA guidelines.

ATTACHMENT:

1. Resolution
City of Indian Wells Printed on 2/11/2022Page 2 of 2
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1 RESOLUTION NO. 2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, AUTHORIZING SUBMITTAL OF

APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT

PROGRAMS FOR WHICH THE CITY OF INDIAN WELLS IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. That the City of Indian Wells is authorized to submit an application to CalRecycle for any and all grant and payment programs offered.

SECTION 2. That the City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Indian Wells all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

SECTION 3. authorizations are effective from the date of adoption through February 17, 2027.

SECTION 4. the City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 17th day of February, 2022. ____________________________

DANA REED
MAYOR
ATTACHMMENT #1
137

City of Indian Wells
Resolution No. 2022-06

CERTIFICATION FOR RESOLUTION NO. 2022-06

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 17th day of February, 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

138

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-007-22 Item #:L.

Indian Wells City Council
Staff Report - Public Works February 17, 2022 Resolution Adopting Caltrans Local Assistance Procedures Manual Chapter 10: Consultant Selection
RECOMMENDED ACTION:

Council ADOPTS Resolution 2022-07 adopting Caltrans Local Assistance Procedures Manual Chapter 10: Consultant Selection.

DISCUSSION:

The Public Works Department regularly consults engineering and related services for projects that require additional technical assistance or that exceed staff capacity to perform in house. For consultant contracts that are reimbursed using State or Federal funds, the Code of Federal Regulations dictates that local agencies must adopt the policies and procedures of the Local Assistance Procedures Manual, Chapter 10 - Consultant Procurement via formal resolution. The CalTrans Local Assistance Procedures Manual, Chapter 10, provides supplemental guidelines for contracting professional services and are meant ensure a fair and open process. They also provide a mechanism to ensure the opportunity for consultants to demonstrate their professional qualifications and competence.

The Guidelines serve as a supplement the City’s Purchase Policy and ensure compliance with Federal and State biding requirements as necessary for projects funded by the respective agencies.

This resolution is presented to remain in compliance and to avoid jeopardizing the loss of federal or state funding.

ATTACHMENT:

1. Resolution
City of Indian Wells Printed on 2/11/2022Page 1 of 1
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RESOLUTION NO. 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES
MANUAL CHAPTER 10: CONSULTANT SELECTION
WHEREAS, the City of Indian Wells (City) is responsible for constructing transportation projects that are state and federally funded; and WHEREAS, in order to comply with the Federal regulations and due to limited staffing and expertise, certain services including Architectural and Engineering (A&E) are contracted out to qualified firms; and
WHEREAS, the Federal regulations set forth standards for procuring and administering A&E contracts; and
WHEREAS, the provisions of the Brooks Act (40 United States Code, Section 1104) requires local agencies to award federally funded engineering and design- related contracts, otherwise known as A&E contracts, on the basis of fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR 31.201-3); and
WHEREAS, pursuant to 23 CFR 172.5 (b), local agencies shall develop and sustain organizational capacity and provide the resources necessary for the procurement, management, and administration of engineering and design related consultant services, reimbursed in whole or in part with Federal-Aid Highway Program funding as specified in 23 U.S.C. 106(g)(4)(A); and WHEREAS, the provision 23 CFR 172.5 (b)(1) requires local agencies to adopt written policies and procedures for the procurement, management, and administration of engineering and design related consultant services in accordance with applicable Federal and State laws and regulations; and WHEREAS, the State of California Department of Transportation (Caltrans) has developed the Local Assistance Procedures Manual (LAPM), Chapter 10, Consultant Selection which sets forth policies and procedures to be utilized by local agencies in the procurement and management of A&E contracts on state and federal funded transportation projects to ensure compliance with applicable Federal and State laws and regulations and to maintain eligibility for Federal-Aid reimbursement; and WHEREAS, the City has developed additional policies, to ensure avoidance of conflict of interests in the performance of A&E services for state and federal funded transportation projects; and
ATTACHMENT #1
140

City of Indian Wells
Resolution No. 2022-07

WHEREAS, the City desires to adopt Caltrans's LAPM Chapter 10 for compliance with Federal regulations on the procurement and administration of A&E contracts.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

Section 1. Recitals. the City Council herby FINDS and DETERMINES the above recitals of this Resolution are true and correct and are hereby adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council hereby adopts the Local Assistance Procedures Manual, Chapter 10, Consultant Selection dated January 2022, as amended in future updates. Section 3. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 17th day of February 2022.

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-07

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regular passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 17th day of February, 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
141

City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:029-22 Item #:M.

Indian Wells City Council
Staff Report - City Clerk February 17, 2022
Southern California Association of Governments General Assembly (SCAG) Delegate and Alternate Appointment
RECOMMENDED ACTION:

Council APPOINTS Mayor Dana Reed as the voting delegate and Mayor Pro Tem Donna Griffith as the alternate delegate to represent the City during the Annual Southern California Association of Governments General Assembly held May 5-6, 2022.

DISCUSSION:

Founded in 1965, the Southern California Association of Governments (SCAG) is a Joint Powers Authority established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues.

The SCAG region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than 38,000 square miles. The agency develops long-range regional transportation plans including sustainable communities’ strategy and growth forecast components, regional transportation improvement programs, regional housing needs allocations and a portion of the South Coast Air Quality management plans.

Each year, SCAG conducts a General Assembly to update communities on pertinent issues facing local government and to vote on policy resolutions and any proposed amendments to SCAG Bylaws.

Each member City has one vote on these matters. Each community formally appoints a voting delegate to the General Assembly which will be being held on May 5-6, 2022.

FISCAL IMPACT:

This is an authorized Council event and budgeted in Account 101.11.01.05550 with sufficient funds in the Fiscal Year 2021-22 City Council budget.

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City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:030-22 Item #:N.

Indian Wells City Council
Staff Report - Community Development February 17, 2022
Supplemental Appropriation for Plan Check and Inspection Services for Fiscal Year 2021-22
RECOMMENDED ACTION:

Council APPROVES Supplemental appropriation of $72,000 for building department plan check and inspection services.

DISCUSSION:

The Fiscal Year (“FY”) 2021-22 budget included $180,850 in the Building Division Program for professional services. The City’s Building Division is requesting a supplemental budget appropriation due to the significant increase in building applications and the increased workload for the Province development at Cook and Highway 111.

Building Division budgetary considerations are not based on fixed expenditures that can be accurately forecasted and are subject to variables, such as workload, building activity, economic conditions, among other factors. The FY 2021-22 budget included $180,850 in the Building Division Program for professional services to support plan review and field inspections. The Building Division has incurred unexpected expenditures mainly due to a greater than 20% increase in building applications compared to last year, including the aggressive development activity associated with building-out the Province tract, which was not anticipated during budget projections at the beginning of the FY.

Additionally, the Building Department Staff time has been heavily consumed with required training and implementation of the City’s new permitting and licensing software system, EnerGov, during the first 6-months of the FY. As a result, typical field inspections and plan checking services that would generally be done in-house had to be performed by 3
rd party contractors to reduce backlog and
ensure a streamlined permitting process. Consequently, the culmination of the increased building activity and need to rely on the city’s professional service contractors, has resulted in unexpected expenditures and depleted the Building Division Program Budget.

As of January 31, 2022, the City spent $120,000 in building plan check and inspection services over the initial 6-months of the FY. This averages to $20,000 per month. The $72,000 supplemental City of Indian Wells Printed on 2/11/2022Page 1 of 2
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File #:030-22 Item #:N.
the initial 6-months of the FY. This averages to $20,000 per month. The $72,000 supplemental appropriation assumes an average of $12,000 per month for the remaining 5 months of the fiscal year.

FISCAL IMPACT:

The $72,000 will come from the City’s General Fund.

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City of Indian Wells
2/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:034-22 Item #:O.

January 6, 2022, Special Council Meeting Minutes
RECOMMENDED ACTION:

Council APPROVES the January 6, 2022, Special Council Meeting Minutes.

City of Indian Wells Printed on 2/11/2022Page 1 of 1
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Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

The January 6, 2022 Special Council meeting will be streamed via zoom/teleconference: Webinar ID 839 9713 7793 or by phone dial 1-669-900-9128. A password will be required to join the meeting, please email [email protected] to request the password prior to the meeting.

Members of the public who wish to comment on an item on the special-meeting agenda; Public comments can be provided in real time during the virtual live meeting. Individual speakers are limited to three minutes each.

Please use the “raise your hand” function on zoom in order to be recognized by the City Staff in order to provide comments in real time. Because this is a special meeting, public comment will be taken only on an item on the agenda.

Special Council
Meeting Minutes
Thursday, January 6, 2022
1:00 PM
Via Videoconference
146

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January 6, 2022Special Council Meeting Minutes

1. CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Reed convened the City Council of the City of Indian Wells at 1:01 p.m. on January 6, 2022 via zoom/teleconference.

Mayor Reed, Mayor Pro Tem Griffith, Council Member Sanders, Council Member Muzik, Balocco

Present:5 -

2. APPROVAL OF THE FINAL AGENDA
It was the CONSENSUS of the City Council to Approve the Agenda as Submitted.

The Recommendation was to Approve the Agenda as Submitted.

3. PUBLIC COMMENTS
No public comments.

4. CLOSED SESSION
Mayor Reed stated the City Council would hold a Closed Session to discuss the following agenda items:

A.Conference with Legal Counsel Regarding
Anticipated-Litigation-Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). Two (2) or
More Cases. Potential Cases.

City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.

B.Conference with Labor Negotiations Pursuant to Government Code Section 54957. Agency Designated Representative:

Christopher J. Freeland. Employee Organization: Indian Wells Employee Association.

City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.

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January 6, 2022Special Council Meeting Minutes

5. ADJOURNMENT
At 1:26 p.m., Mayor Reed ADJOURNED the Special Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on January 6, 2022 via zoom/teleconference.

Respectfully Submitted,
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Angelica Avila, CMC
City Clerk