Thursday, March 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 March 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
Presentation of the 2022 Commemorative Poster for
the Annual Indian Wells Arts Festival by Dianne Funk
036-22A.
Indian Wells Marketing Update Presentation by
Chief/Marketing Officer Colleen Pace with Visit
Greater Palm Springs and Director of Indian Wells
Sales/Marketing Sean Smith
037-22B.
4. PUBLIC COMMENTS
Members of the Public who wish to speak during public comment on a Consent Item or items not listed on the agenda may do so at this time. Member of the public should fill out a blue slip and submit it to the City Clerk. Public Comments for matters not listed on the agenda or on the Consent Calendar will be taken during this time, 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
March 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 or audience request that specific items be removed from the Consent Calendar for separate discussion and action.
Adoption of City’s Investment Policy038-22A.
RECOMMENDED ACTION:
Council ADOPTS the City’s Investment Policy as amended.
Indian Wells Investment PolicyAttachments:
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
039-22B.
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.
Council Members Attendance at 2022 Events040-22C.
RECOMMENDED ACTION:
Council APPROVES the attendance of Council Member/s to events held in 2022 as identified in the staff report.
2022 City Council Strategic Planning Session041-22D.
RECOMMENDED ACTION:
Council REVIEWS and APPROVES the 2022 City Council City Goals.
March 17, 2022City Council Meeting Agenda
Sponsorship Request for the California Contract Cities
Association Golf Tournament Luncheon and League of
California Cities Riverside County Division Reception
042-22E.
RECOMMENDED ACTIONS:
Council APPROVES the sponsorship of the California Contract Cities Golf Tournament Lunch on May 12, 2022; and
APPROVES the sponsorship of the League of California Cities May meeting reception on May 9th, 2022.
General Plan Housing Element Annual Progress
Report for 2021
045-22F.
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the General Plan Housing Element Annual Progress Report and Low Moderate Income Housing Asset Fund Addendum for 2021; and DIRECTS Staff to submit the Annual Progress Report and Low Moderate Income Housing Asset Fund Addendum to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
2021 Housing Element Annual Progress Report
2021 LMIHAF Addendum
Attachments:
February 15, 2022, Special Council Closed-Session
Minutes
048-22G.
RECOMMENDED ACTION:
Council APPROVES the February 15, 2022, Special Council Closed-Session Minutes.
February 15, 2022 Special Closed Session MinutesAttachments:
City Treasurer’s Report for January 2022050-22H.
RECOMMENDED ACTION:
Council RECEIVES and FILES the City Treasurer’s Report for January 2022.
City Treasurer’s ReportAttachments:
March 17, 2022City Council Meeting Agenda
8. PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing.
At that time the applicant will be allowed five (5) minutes to make a presentation on the case.
Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons.
The City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.
Fire Access Maintenance District No. 1 Annual Levy
and Collection of Assessments
RES-011-22A.
RECOMMENDED ACTIONS:
Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and ADOPTS Resolution approving the annual levy of the Fire Access Maintenance District No. 1 for Fiscal Year 2022-23; and
ORDERS the Fire Access Maintenance District No. 1 levy on the Fiscal Year 2022-23 Riverside County tax roll.
ResolutionAttachments:
March 17, 2022City Council Meeting Agenda
Special Fire Tax Standby and Availability Charges
Annual Levy
RES-012-22B.
RECOMMENDATIONS:
City Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
ADOPTS Resolution approving the annual levy of the Special Fire Tax Standby and Availability Charges for Fiscal Year 2022-23; and
ORDERS the Special Fire Tax levy to be placed on the fiscal year 2022-23 Riverside County tax roll.
ResolutionAttachments:
9. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.
Eisenhower Walk of Honor Residency Recognition
Requirements
043-22A.
RECOMMENDED ACTIONS:
Council DISCUSSES the three (3) year minimum residency requirement to be recognized on the Eisenhower Walk of Honor and Veterans’ Memorial; and
Provides DIRECTION to Staff on any recommended changes.
Walk of Honor ApplicationAttachments:
Public Safety Crime Prevention Initiatives044-22B.
RECOMMENDED ACTION:
Council REVIEWS and APPROVES the Public Safety Committee’s recommended Crime Prevention Initiatives.
Vacation Check PolicyAttachments:
March 17, 2022City Council Meeting Agenda
Update on Proposed Park at Eldorado and Fairway049-22C.
RECOMMENDED ACTIONS:
Council AUTHORIZES staff to work with Desert Recreation District (DRD) in designing a passive park at the corner of Fairway and Eldorado based upon community member feedback at the recent community meetings; and
Council REQUESTS DRD to conduct a park design charette in April 2022, at the Indian Wells Golf Resort, and
Council INSTRUCTS staff to bring back designs for a passive park at a future City Council meeting for public discussion and deliberations.
Zoom Poll Results
In-Person Poll Results
Attachments:
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
March 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 April 21, 2022 in the City Hall Council Chamber.
March 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 March 11, 2022, I caused to be posted a notice of a City Council Meeting to be held on March 17, 2022at 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
March 17, 2022City Council Meeting Agenda
From:
To:Angelica Avila
Subject:More Police Activity in all of our City
Date:Thursday, March 17, 2022 10:43:33 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
As a resident of Indian Wells since we were annexed into the City in order for the City of Indian Wells to have the BNP Tennis Stadium The City was told by the County of Riverside that they could not jump over us and that the City had to take us in order to get the Stadium--Old News--Now all of the City has high crime, speeding loud cars, unsafe streets and our school zones a nightmare just to be told that "There is no Crime in Indian Wells" Now that this is effecting Indian Wells Proper the City is forced to take some kind of action--We don't need to spend more money on City wide landscaping to beautify our already lovely City We need real Police to address all Police matters now--We need to protect our City, our residents, those visiting or driving through our City starting NOW!! Robin Sweeney, 77-475 Cheyenne Dr.
Please add this to Public Comments for today's 3-17-22 City Council Meeting Thank You!!! Submitted Written Comments:
March 17, 2022 Council Meeting
From:
To:Angelica Avila
Subject:Re: Dog park
Date:Saturday, March 12, 2022 3:32:46 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments. ________________________________
Thank you! I appreciate it.
Sent from my iPhone
> On Mar 12, 2022, at 1:23 PM, Angelica Avila wrote:
>
> Good afternoon Ms. Adams,
>
> Your written public comment has been received by the City. Your comments have been distributed to the Council and City staff.
>
> Respectfully,
>
> Angelica
> City Clerk
> BCCC
>
>
>> On Mar 11, 2022, at 5:30 PM, ann adams >
>>CAUTION: This email originated outside our organization. Be cautious with any links or attachments. >> ________________________________
>>
>> To whom it concerns, my husband and I are very disappointed that there will be no dog park. Why in the world would IW need a. “ Passive Park”? What is that even for? Do people bring their sandwich over and eat it there? >>I think the council buckled under pressure from a very vocal group. The phone meeting that took place months ago to get residents feedback on recreational needs of the city, participants clearly expressed a desire for both a dog park and pickle ball courts.
>>This feels like a huge waste of money.
>> Ann and Roger Adams
>>
>> Sent from my iPhone
Submitted Written Comments:
March 17, 2022 Council Meeting
From:
To:Angelica Avila
Cc:;
Subject:Passive Park
Date:Saturday, March 12, 2022 12:18:44 PM
Attachments:LB-AND-MILES-01-1500x522.png
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Dear City Clerk Angelica Avila,
Regarding the lots at Eldorado and Fairway, we are very relieved to learn that there will be a passive park in the future.
We would like to propose that the park be a lovely demonstration garden of desert plants, Illustrating how beautiful and fitting they are in home landscape. It would be preferable to use native plants as much as possible. The goal is for low maintenance and low water consumption.
Also a few paths . A few seats can be had. Perhaps seating on walls (but not benches which entice homeless campers).
There should be no lawn to mow. No palm trees other than those already on the property.
No benches to attract sleeping.
No lights to distract from our lovely star lite night skies.
No parking for cars..
No gas blowers which pollute the air with gas and noise.
Thank you for your consideration of our suggestions,
PS. Peter Levar and Becky Peterson will be representing us at the meetings.
Cécile McBride Richard McBride
Submitted Written Comments:
March 17, 2022 Council Meeting
From:
To:Angelica Avila
Subject:Public comment for March 17, 2022 council mtg
Date:Wednesday, March 16, 2022 9:13:13 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Good morning Angelica –
Would you please submit my written public comment to the Council.
Mayor Reed and Members of the Council –
I am Rebecca Brundage Peterson. I have lived in the ungated area between Indian Wells Lane and Eldorado for 24 years.
Today I am writing to remind you how very strongly I and many of my neighbors feel about the need for increased visible Police patrols in my neighborhood and our City as a whole.
Recall that last month I submitted a petition from 180-some people in my neighborhood asking for more Police visibility.
I urge you to remember that the primary mission of the City is to provide for public safety. At this point it appears that accomplishing that mission is, at minimum, a two pronged project:
1.Put more police on the street now. We, as residents, want to see them and we want the bad guys to see that “there are cops all over Indian Wells”.
2.Take a studied view of the future of Policing in American AND how the need for effective protection of citizens of Indian Wells might best be accomplished.
Submitted Public Comment:
Becky Peterson
March 17, 2022 Council Meeting
From:
To:Angelica Avila
Cc:
Subject:Indian Wells City Council: General Public Comments | CVEC.
Date:Thursday, March 17, 2022 11:49:07 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Distinguished colleagues, deucing this afternoon’s public comments section
I
would
like
to
offer
remarks in support of the Coachella Valley
energy Commission (I serve as at -large Commissioner for Cities.)
As
you
know Councilmember Balocco is
also a member.
My visit is just ordinatuy due diligence liaison.
I
would
like
to
mention the pending third-party
comprehensive study
of
electrical
service options to be conducted through the Riverside County Local Agency formation Commission in concert with the Imperial County Local
Agency Formation Commission.
A study contractor has been selected and is ready to proceed.
I
believe receipt of funds by Riverside
County is pending. Perhaps you can
put in a good word. Councilmember Balocco would know best.
Thank you.
Philip F. Bettencourt
Commisioner at-large, Cities
Coachella Valley Energy Commission (CVEC)
| Telephone or text at will
Submitted Written Public Comments:
March 17, 2022 Council Meeting
Submitted at the Dais:
March 17, 2022 Council Meeting
To Greg Sanders
From: Ty Peabody
Date:March 16,2022
Greg, n
I am writing you this letter to express my disappointment that after being elected and taking an oath that included honoring the principles of civility, ethics, respect and having values as outlined in the City's Policy Manual that would ignore these principles when it comes to Dana Reed's long term improper behavior and violations of the Policy Manual related to residents, committee members, city staff, and Troon staff. lt is my understanding you didn't read or consider the 300 page report that documented Reed's behavior when making your decision to not censure Reed even though two of your Council members wanted to censure Reed and Chris admitted Reed violated the Mediation Agreement while you have been on the Council.
Apparently by your lack of action related to Reed, you approve of Mr. Reed sending out a hit piece that swayed an election (2020) toward you. Having been hurt by the hit pieces of 2At2 and watching the effect on my wife, I find it unacceptable that you would tolerate that type of behavior even if it benefited you. {By Reed's filing with the State, he inferred that you, Donna, and Kimberly paid for such hit pieces.) Youalso worked with Reed on the ballot measure related to term limits (a ballot measure the CihT attorney and Council told Reed t'rior to it wouldn't pass muster with the courts and it didn't, costing the City approximately $50,000 in legal fees). I guess you don't see any hypocrisy and Reed now is running again.
Someday maybe I will understand your position, but as a reminder, the role of a Council member is to represent and work with integrity to the benefit of the residents. You work for and represent the residents. Standing for the integrity of the City and being financially responsible recognizing the funds you work with belong to the residen+s.
I wish you well and hope you will make the correct decisions going forward for the benefit of the residents.
J
Submitted at the Dais:
March 17, 2022 Council Meeting
To:
From
Date:
Kimberly Muzik
Ty Peabody
March 16,2A22
Kimberly, - -
I am writing this rnemo to you to express my disappointment that you were not willing to make the tough decision to censure Reed. lt is my understanding you didn't even look at the 300 page report which correctly and accurately outlined Reed's history of violations of the Policy Manual.
You, in fact, were attacked by Reed, but I guess that is okay. I guess it is okay in your eyes to attack Council members, staff, Troon staff, residents and committee members, I guess it is okay in your eyes for Reed to interfere and sway an election by sending out an anonymous "hit piece", which by the way helped you win. I guess in your eyes it was okay for Reed to violate the Mediation Agreement.
It is interesting two of your fellow Council rnembers wanted to censure Reed and Chris admitted Reed violated the Mediation Agreement {maybe you should read the Mediation Agreernent). I guess in your eyes it was okay for Reed to serve twice as mayor pro tem when in fact it was your right to accept or refuse to serve as mayor pro tem under Richard as mayor. Did anybody give you that respect or choice? I know not!!
Finally, I gave you total support while you have been on the Council and campaigned for you in the last election. At least you could have reviewed all the acts related to Reed's behavior.
It is too bad you couldn't make the tough decision and ignored all the violations Reed has done during this time in office.
List of Mr. Reed's Violations of
Policy Manual and Other lnappropriate Behavior
o Violations of Policv Manual
o Best Practices - Be Respectful
o Pledge of Civility
o Code of Ethics
o Cornrnitment to Civility
o Values of Respect
o Council Conduct Relationship to Election
o Where has Mr. Reed violated the City's Policy Manual
a nd other behaviora I issues?
o Continually bullied and rnade disparaging remarks to
and about Council members.
o Continually made disparaging comments to and
about residents at Council meeting or by way of
te le pho ne or ema ils.
o Continuously made disparaging remark_s to City
committee members, City employees, and Troon
em ployees.
o h 2A2A during election, Reed interfered in election
by sending out an anonymous "hit piece" to the
detriment of a candidate to the benefit of other
candidates running. This "hit piece" was factually
inaccurate, but did sway an election. This action was
a violation of the City's Policy Manual under
"Council Relationship to Elections - no Council
mernber shall act in such a manner as to call into
disrepute the public image of the Council on whieh
is discourteous to mernbers of C6uncil or members
of the public."
o ln 2016 Reed threatened a candidate running for
office against Mr. Reed - Bruce Underwood.
o Mr. Reed has f iled compla ints against fellow Council members with the State FPPC using this tactic to
harass Council members he didn't like. One person
attacked was Patrick M ullany, a respected career FBI
agent. Mr. Reed had to apologize to Mr. Mullany.
o Mr. Reed violated a Mediation Agreement that cost
the City approximately $SO,OOO.r During mediation, he lied and misrepresented certain facts and was called out by the
mediato r for such fa lsehoods.r [!lr. Reed was found to have violated the City's Policy Manual and had to apologize for these
vio lat ions.t As part of Mediation Agreement, Reed agreed to not violate the Policy Manual again; that
lasted about four months.r Two Council members and the City manager stated Mr. Reed violated the Mediation
Agreement yet no action was taken by two
other Council members.
o Mr. Reed violated the Policy related to the appointment of the mayor/mayor pro tem - Reed served two
consecutive terrns as mayor pro"tem, which has never
been done before. According to the policy Kimberly
Musik should have been mayor pro tem, this was- never
disclosed to her and therefore she never had the
opportunity to accept or reject that position. Mr. Reed was aware of this but chose to ignore the procedure.
o Mr. Reed violated the Ballot Measure regarding the cv Link running through lndian Wells. The public voted
approximately 70% to not have the CV Link operate
through our city. Mr. Reed strategized with officials of La Quinta to give for free a piece of property owned by
lndian Wells so the CV Link would run through lndian
Wells. This was a breach of the public's trust which is not the first time. Mr. Reed has exhibited this type of
behavior continually over the years.
. And just recently, Mr. Reed attempted to interfere in the residents' rights to freedorn of speech. Mr. Reed
contacted Constant Contact and tried to shut down
lndian Wells Views accusing lndian Wells Views of having a phony address. This backfired on Mr. Reed since the
add ress turned out to be correct. lndia n Wells Views
gives all residents a voice to express their views
regarding the City of lndian Wells.
il
WHITMAN LAW OFFICE
LEGAL CONSULTTNG AND NMDIA|ION
INDIANWELLS, CA. 92210
Offrce of the Cify AltorneY
Todd Leishman, Esq.
City of Indian Wells
Jvly 26,2071
City Manager Chris Freeland
Cify of Indian Welis
Mayor RichaLd Balocco
Ciry of Indian Wells
Gentlemen
On Decenrber 15,2020, in an informal resolution of a dispute behveen Mayor Ty Peabody ancl Mayor Pro Tem Dana Reed, and after follor.ving the Policy Manual procednre under 3,14.010, "Council Member Conflicts," a mediation took place 6efore Hon. Robert A. Bernheirnef, Esq., resulting in a mediation agleement. The essence of the mediation agleement lvas that Reed r.vould, among other things, agr-ee not to violate the Policy Mannal. lvhich rvas to be amended to lestrict Reed and otlteL Councilntembers from emailing a majolity of the other counciimembers about Ciry matters. The spilit of the agreement was not only to resolve differences behveen the parties, but also to stop the "oft'the books" lobbying and uncivil conduct by Reed that was dangerously close to exposing Council to litigation for violating the Brorvn Act.
I\4r'. Reed has nor,v again violated the Policy lvlanual in any number of ways and thus violated the Mediation Settlement Apleement of December 15,2020.
As stated in the Mediation Agreement, ". . .If any of the above items are not cornplied r,vith, the complaints of Peabody and Reed shali ploceed to the Cify- Council pttrsttant to tire manual."
Accorcling to the Manual, Section 3.14.010, "If the Informal Conflict Resolution Process is unsuccessftrl, the Mayor, Mayor Pro Tem, or one or both of the parlies maJ' bring the matter before the ft1ll City Council..,. The Council lvill condrict an investigation using a third parry...The City Cor-rncil r.vill revielv the findings of the investigation at a public healing. ..Upon conclusion of the investigation and a BII-
hearing by the Cily Council and Council by a 3/5s vote finds there is a violation of the Policy Manual the Council Member being complained about may be reprimanded, formally censured, or such other sanctions as imposed by Council." (pg, 118, Manual)
As a resident and party to the mediation agreement, Ty Peabody.is hereby bringing this matter before Council, for a third party investigation and for a full hearing and vote by Council on the violations and a r.emedy. -, -:
Facts:
Ty Peabody, who was Mayor at the time of the December 15,2020 mediation, is now a private citaenand resident of Indian Wells. He is a concerned citizenand an active participant in the betterment of Indian Wells.
In considering the assertion by the City and the Indian Wells Golf Resort that resident reduced greens fees wete creating a annual subsidy of over $2 million dollars to the Golf Resort by the City, N{r. Peabody, an experienced businessman and knowledgeable about the finances of the Golf Resort, looked into the accounting being used to support this asserted shortfall. Mr. Peabody came to the realization thatthe figures used to make such an analysis were faulty because instead of comparing the annual resident greens fees against the actual cost of a round of golf annuabzed (S89.32), the City and Troon were using the quoted "retail" cost of a round of golf ($165) to compare to the resident greens fees, thus causing the subsidy to be stated inaccurately at more than double the actual subsidy of approxim ately $5 l/round, or approximately $ lmillion ($89-3 8:$5 I x 19,332 actual resident rounds.) This, Peabody concluded, was being used to inaccurately overstate the resident benefrt ofreduced greens fees, causing.unnecessary conflict amongst the populace, making the City look bad and Troon look good.
Peabody presented his written analysis, and a further analysis and criticism of the overhead allocations used internally by the City and Troon to each departrnent to the Cily Clerk as a public comment to be made at-the June 24,2021meeting.
Peabody's public comment was intelligently supported with data, was completely civil and in no way critical of, nor addressed to, any individual Councilmember, including Mr. Reed. Indee{ this citizen participation in the City affairs is encouraged by the Policy Manual, Section 3.04.030.
For whatever reason, although the public comment was submitted properly to the Cify Clerk more than 24 hours before the meeting, Mr. Peabody's comments were not read at the June 24 meeting.
Instead, three days later, June 27,202t,Ndr. Peabody received an email addressed to him and all members of Council, the Cify Manager, the CFO, Mr. McCarthy, Sven Weidenhaupt, the new GM of the Golf Resort and a Troon employee. Reed began by correcting Peabody's terminology, citing Wikipedia. He then took offon his opinion of what he called "the real issue," what he feels is non golfer subsidy of golfers, and an alleged unfair ailocation of tee times, calling Mr. Peabody's point and analysis as a "boou<eeping trivialitv."
Mr. Reed then used this inappropriate "offthe books" lobbying method of his fellow Council members in violation of the mediation agreement and Policy
Manual, rather than placing such items on the agenda so the public could review and have the opporfunity to weigh in at apublic forum as envisioned by the Brown Act. He referred to lrdr. Peabody's very important ancl intelligent public comment as "...fidgeting about how to allocate costs," trivializing and belittling Mr.
Peabody, a concerned citizen making a public comment.
Reed's violations of the Mediation agreement and Policy Manual
1. How did Reed violate the Mediatioh Agreerrrent?
In Section 2 of the December 15 Mediation Agreemen! Reed agreed "nol to violate the Manual in the future."
In Section 4 of the Mediation Agreement, Reed agreed to request that the Manual be amended to "...prohibit a Council Member from direetty ernailing a majority of council members. . .," knowing full well that he was the Council Member this was aimed at. Reed, along with the other members of Council unanimsusly agreed to amend the Manual. Red's agreement to stop this offthe books lobbying was a central agreement in the mediation settlement agreement.
The remedy forReed's violation of the mediation agreement was specifically stated to allow Mr. Peabody to bring not only the instant violatioq but to allow Council to consider all of the violations committed by Reed before the Mediation and in so considering, to be able to review the'?eabody boolC' submitted to Council, seataining 300 pages of Complaints against Reed and supporting documents.
2. Reed now has violated multiple Manual sections, including the amended sections:
€t. Peabody's letters and Public Commdnt on June 24,2027 Peabody sent two letters to the City Clerk as public comments for the Council meeting of June 24 in rccordance with the Policy Manual.
Althougb City Manager Freeland acknowledged receipt by the City in an email to Peabody on June 24h at9:23 ANl.He stated that he would make sure Council got them and that they would be mentioned at the meeting later that day. However, Peabody's comments were not read at the meeting'
b. Reed's lwrcZ7 letter responding.
Instead, on June 27, Reed sent the letter, titled, 'Tlookkeeping Distractions," to Peabody and all of the other Councilmembers, responding to Peabody's public comments.
Reed's letter violated the Mediation Ageemen! as mentioned above, and the Policy Manual in several ways:
Section 2.11.080 and 090: The letters and comment by Peabody were clearly matters raised concerning city policy relating to the Golf Resort. Peabody's letter was rhetorical. The policy of the City Council is to not respond to rhetorical emails. However, this is exactly what Reed did on June 27 .
Section 2.14.0?0 and .030: All those appearing before Council have a right to be treated with respec! courtesy and openness. Reed's letter was insulting, and instead of addressing the matter openly at a meeting as dictated by the Brown Act and the Policy Manual, Reed sent a private email to his fellow council members and others without disclosure to the public. Such letters should be sentby the City Manager, but if sent from Council members directly to Residents should be drafted by staffand reviewed by the City Manager.
Section 3.03.060 a Non-Agenda items raised during public comments.
Members of Cotrncil may ask questions or make brief comments to the public commento avoiding a discussion of the merits, but the proper method of responding is to place the matter on the agenda for the next meeting so the matter can be discussed publicly. Obviously. Reed's letterwas the opposite of the policy.
sectlon r,u+.uf,u tzr. rersonal cflrlctsm or mdlvrduals by L:ouncil members is discouraged. Reed's entire letter is a criticism of Peabody, including his vocabulary and use of time.
Section 3.02.090 D and 3.14.030: the City Manager (not an individual member of council) responds to public comments concerning staffor complaints. Peabody's public comment was in effect a comment and complaint concerning the accounting methodology used by the City to its detriment.
C. Reed violated Sections 2.11.060 and .090, amended in response to the mediation agteement to prohibit Cbuncihnembers emailing'a riajority offellowCouncilnembers. - - - Nevertheless, in violation of his agreement and the revised Manual, onJvne27, :
2021, Reed sent tle above email responding to Mr. Peabody's public comirients to - - all the Council members, Chris Freeland, Kevin McCarthy, and Sven, the new manager of the Golf Resort. This was an intentional and gross violation of the letter of the mediation agreement with the clear intent of belittlingPeabody to the other Councilmembers and officials, and secretly lobby those same offcials as to his opinions about resident benefits-outside a public meeting.
This does not purport to be a somplete list of violations of the Policy Manual that Reed's lune 27 ,202I lettpr represents. However, the list is complete enough to show thatReed violated the MediationAgreementhe signed in December,2}2a.
Reed also possibly violated the Brown Act by privately emailing a majority of Council about a matter of Council concern instead of addressing the matter at a subsequent public meeting by agenda where residents would have the ability to leam and considerthe matter in dispute and voice opinions and thoughts through public comments.
These violations by Reed thus allow Peabody, as a party to the mediation agreement to bring to Council the formal disciplinary process of investigation, public hearing by City Council, and remedy envisioned in the Policy Manual Section 3.14.010.
Remedies requested
&. For breach of the Mediation Agreement and the Policy Manual:
'If any of the above items are not complied with, the complaints of Peabody and Reed shall proceed to the City Council pursuant to the Manual-"
This cross-complaint mediation was engaged under Section 3.14.010, "Council Member Conflicts," which applies to conflicts between siuing council members.
However, a paragraph states, "if the informal process is unsuccessful, the Mayor, Mayor Pro Tem or one or both of the parties may bring the matter before the full Council. The Council will conduct an investigation using a third party. The council will review the findings at a public meeting.. . ." "[Jpon conclusion of the investigation and a full hearing by the City council and the council by a 3/5 vote finds that there is a violation of the Policy Manual the Council Member complained against may be reprimanded formally censured or such other sanctions as imposed bythe Council."
otherwise, according to 3.14.010, the electors have reserved to themselves the right of 1) petition; 2) election; 3) recall; 4) referendum; 5) initiative; and 6) litigation. Thus, this matter should be addressed by the full Council pursuant to the Manual procedure above upon an unsuccessful informal resolution, or as a "petitiod'under the above rule. If Council refuses to so act, Mr. Peabody,s lsrnaining remedies as an elector would be recall or litigation.
Thereforeo on behalf of Mr. Peabody, we respecffirlly request that Council address this matter urderPolicy Manual Sectioo 3.14.010 and conduct an investigation of this matter, as well as prior violations by Mr. Reed, hold a hearing at a public meeting, and enforce a proper remedy, which Mr. Peabody believes should include a censure and removal from the MayorPro Tem position and other committee assignments
Respectively Submiued,
slBruce B. Whitnan, Attorney atLai
for Ty Peabody, Resident
2 Tv PnasoDY
76471Pala Pahns Drive
Indian Wells, CA 92210
August 28,2021
Todd Leishman
Best, Best and Krieger
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Dear Mr. Leishman,
I am in ieceipt of your letter dated August 16,202I, regarding Violation of Policy Manual. Similar to your letter regarding rotation, you have made assumptions that are contrary to the facts. It has been disclosed to me that you did not receive the 300-page book related to Mr. Reed's improper behavior in the past and present. Without reviewing the book, the Mediation Agreement, and Mr. Reed's apology on December 17,2021, you should never have written such letter to Mr. Whitman because your letter did not deal with the actual facts or history of Mr. Reed's previous behavior towards residents, staff, committee members, and fellow Council members.
Mr. Reed contacting me about a non-agendized item was inappropriate. You failed to address the Mediation Agreement (see attached) and how it relates to Mr. Reed's past and present behavior. The Mediation Agreement was a settlement of a dispute and the result of that settlement is clearly outlined in the Agreement. You totally disregarded the context and history of Mr. Reed's behavior and the recent Mediation Agreement. The Mediation Agreement clearly states the following:
Reed shall publicly reiterate an apology at a City Council meeting for any previous uncivii conduct.
Reed hereby agrees not to violate the Manual in the future.
Peabody may lodge his notebook with the City Clerk, which may be accessible to the public and used if any future violation of the Manual is alleged against Reed.
The Mediator will inform the City Manager, City Attorney and City Council that the results of this Mediation include a request that the City consider the following recommendations:
o The Manual be amended to prohibit a Council Member from directly emailing a majority of Council Members because this evokes a potential trap for Brown Act violations. o The City Attorney should draft a disclaimer to be used by all members of the City Council when sending communications that express personal views, consistent with Section 2.11.060 of the Manual.
I r.vould suggest you note the following:.
. Reed had to apologize for his previous uncivil behavior - behavior in many instances is similar to the email Mr. Reed sent to me on lune 27,2021 (review 300-page book). 6l. Reed agreed not to violate the Policy Manual, it was in the 300-page book (opening letter which outlined Reed's violation of Policy Manual).
a
a
a
a
a Result of Mediation Agreement was City Council drafting a disclaimer to be followed by all members of Council. This came about because the Mediator found potential Brown Act violations.
Mr. Reed violated the new disclaimer by sending his email to the Council members, Chris Freeland, Kevin, and Sven. This email was not blind copied. You specifically state, "cc'ing the Council did not comply with policy." "Copying the Council on the email did technically violate the Policy Manual's prohibition on directly coping the Council." You stated he corrected such violation. It was too late, the email went into the public domain. Supposedly, he resent the email, but he did not send mysell Kevin, Sven and Mr. Whitman such retraction/correction. Once a violation occurs and it goes to the public, what good is a correction? Mr. Reed's lt;r;re 27 email is a public document and any resident who wants to see it can.
Also, you failed to mention, or ignored, the foliowing:
Your letter is inconsistent with history and facts (300-page book).
Reed has a history of personal insults and attacks.
Reed has a history of violating the Policy Manual on a similar sarcastic manner.
Reed has apologized for his behavior more than once in the past years:
o Examples:
Gail McQuarry
Golf Committee
Curtis Watkins
Bruce Underwood
Commenting on non-agendized items is inappropriate.
Ignoring the Mediation Agreement signed by Reed, is inexcusable.
Potentially violating the Brown Act has potential repercussions.
Reed did violate the revised Policy Manual change and Brown Act. Mr. Reed couldn't even follow a policy revision he agreed to (2.11.060 email/text messages).
2.1 I".060 EmaiVText Messaees
While email facilitates efficient communication between Council members and City staff, the use of email also raises important legal issues to which Council members must pay special attention. The Brown Act prohibits amajority of Council members, outside of a public meeting, from using "a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action" on any item of City business. Council members must be especially careful when communicating by email because the ease of using the "reply all" button may inadvertently result in a Brown Act disclosure.
To avoid inadvertent serial meeting by email, Council members may not directly email a majority of members of a legislative body, such as the Council orplanning commission, either as direct recipients or as "CC" recipients concerning any item of City business. Council members may email the majority of members of a legislative body by "blind copy" ot "BCC", but emailing a majority of the members (even using a BCC) is discouraged.
Finally, two Council members and the City manager have publicly stated Mr. Reed violated the Mediation Agreement and Policy Manual by sending me the email of JuneT1,202I. a
a
o
a
t
t
t
I have attached Mr. Whitman's previous letter to you and I would suggest you read the section regarding EACIS.
puollc, lvllar gooo rs a corTccuorti rvrr, ll'ecc s Ju.ne l,/ emall 1s a puolrc oocumem ano any resloent who wants to see it can.
Also, you failed to mentioq or ignored the following:
. Your letter is inconsistent with history and facts (300-page book). . Reed has a history ofpersonal insults and attacks.
o Reed has a history of violating the Policy Manual on a similar sarcastic manner. e Reed has apologized for his behavior more than once in the past years:
o Examples:
GaiI McQuarry-
Golf Committee
Curtis Watkins
Bruce Underwood
. Commenting on non-agendized items is inappropriate.
. Ignoring the Mediation Agreement signed by Reed is inexcusable. . Potentially violating the Brown Act has potential repercussions. . Reed did violate the revised Policy Manual change and Brown Act. Mr. Reed couldn't even follow a policy revision he agreed to Q.11.060 emaiVtext messages).
2.1I.060 EmaiVText Nlessages
While email facilitates efficient communication between Council members and City staff, the use of email also raises important legal issues to rvhich Council members must pay special attention. The Brown Act prohibits amajority of Council members, outside of a public meeting, ;1sm using "a s€ries of communications of any kind directly or through intermediaries, to discuss, deliberate, or take actiod'on any item of City business. Cowrcil members must be especially careful when communicating by email because the ease of using the "reply all" button may inadvertently result in a Brown Act disclosure.
To avoid inadvertent serial meeting by email, Council members may oot dite.tly email a majority of members of a legislative body, zuch as the Council or planning commission, either as direct recipients or as "CC" recipients conceming any item of City business. Council members may email the majority of members of a legislative body by "blind copy" or *BCC', but emailing amajority of the members (even using aBCC) is discowaged Finally, two Council members and tle City manager have publicly stated Mr. Reed violated the Mediation Agresment and Policy Manual by sending me the email of June 2'l , 2021.
I have attached Mr. Whitman's previous letter to you and I would suggest you read tle section regarding FACTS.
It is time this Council deals with Mr. Reed's abuse and reckless disregard for the Policy Manual. The Council of 2012 had to deal with a Council member's behavior and it did. I hope that this Council has the cowage to enforce adherence to the Policy Manual.
Sincereiy',
2 Ty Peabody
TO Dana Reed
FROM Ty Peabody
DATE:June 78,2477
RE;Response to Reed Email 6127 /21
I can see that nothing changes even after you have had to apologize to the residenis over the years for your behavior. That aside, I will respond briefly to your comments. Yes, there was a typo. lt should have read "amenity". Yes, you are right that the "professional staff" should deal with these issues under the guidance of the Council. ln the end the City Council is responsible for any final decisions financial or otherwise related to the IWGR.
It would seem the Council should be interested and want tcl resolve any discrepancy, particularly when it involves a questionable $1.0 million overcharge to resident amenities. This overstatement of amenity fees is an exaggeration of the actual resident benefit to the detriment of the residents and to the benefit of the IWGR.
Regarding "systemic unfairness", all residents have the right to utilize the IWGR and play golf, many choose not to take advantage of this benefit. Does that mean you want to eliminate the benefit because every resident doesn't use it? I guess you feel this benefit doesn't benefit the cornmunity as a whole. Tellthatto the localreal estate agentsl! Regarding allocations, in order to property evaluate each department at the golf resort, it is irnperative to understand howthe allocations are determined. You, in eightyears, have never taken an interest in understanding the economics of the IWGR. The allocations have never been reviewed or discussed by the Council in eight years. Are you really okay with that or is it that you just don't care?
Oversight is a key component of the Council's responsibilities. Think if we hadn't done a "worst case" budget for the IWGR during COVID; we would have lost an additional $1.0 million during that period of time.
I arn sorry that you feel "fidgeting" with allocated costs is a burden to the Council. The last time I checked, the Council has lgIal responsibility for the financial well-being of the City.
Dana Reed
Bookkeepin g Di stractions
Jun 27,2021 at 8:25101 AM
Ty Peabody (home)
Ty Peabody
Richard Balocco
Kimberly Muzik
Donna Griffith
Greg Sanders
Chris Freeland
Kevin
McCarthy
sven .wied en ha u pt@ iwg r.com
Happy Sunday, Ty:
I read your comments distributed at our Council meeting on Thursday regarding the methodology for allocating expenses at the Golf Resort. I am confused by your description of an annual "resident annuity fee" of either g1 million or g2 million.
According to wikipedia, "An annuity is a series of payments made at equal intervals." I think you probably meant "discount,, or "subsidy."
But, regardless of whether it is an annuity, a discount or a subsidy, your concern over the methodology for allocating these monies distracts us from the real issue; the systemic unfairness of how the City allocates a finite number of very valuable tee times at our two public golf courses.
ln my opinion, the council should not be burdened with
bookkeeping trivialities as those concerns should be addressed by the City's professional staff and our outside auditors. What the Council SHOULD consider, however, is rectifying the grave injustices occurring at the IWGR.
According to the latest official US Census numbers, we have around 5500 full-time residents in the City occupying 277g dwelling units. The average full-time household contains 1.93 persons with the median age in the high 60's.
But we know from the American community survey there are really about 5800 occupied dwelling units in the City so, by process of elimination, we can estimate that approximately 3000 units are occupied on a part time basis, and thus not counted in the census. with an average of 1.9 persons per household, that means the real population, during the season, is well over 1 0,000 resident taxpayers.
The City has only issued about 2000 Resident Golf Benefit cards which means more than B0% of our resident taxpayers do not participate in the City's golf annuity, discount or subsidy program at all.
of those who do possess a Resident Golf Benefit Card, the overwhelming majority use the card to pray 10 or fewer rounds per year.
so, in reality, what we have is a vERy vERy vERy small
percentage resident taxpayers dominating our golf annuity, discount or subsidy program for their personal benefit, at the expense of all the rest of us.
This is terribly wrong and I would urge you to use your time and boundless energy in helping us fix this problem rather than
fidgeting about how to allocate costs.
Thanks for sharing your views and prease have a preasant Summer.
Dana
,lo"lJii\i{ l.'ViLLS
.t
The views expressed in this email are those of the sender alone, acting and communicatingindividually' They do not necessarily represent the official views of the city of lndian wells.
Sections:
Crry or Inpran Wells
Cnv Courucn Poucy Mlruual
CHAPTER z.LL
COUNCIL COMMUNICATION
al
Overuiew,
General Correspondence.
Correspondence from Council Members.
Use of City Stationery.
Proclamations.
E-mail.
Private Devices/Accounts and the public Records Act.
Response to Rhetorical E-mails.
Local Ballot Measures.
Election Period Prohibition.
2.11.010
2.11.02A
2.11,030
2,11,040
2,11.0s0
2.11.060
2.LL.07A
2,11.080
2.11.090
2.11,100
2.11.010 oVERVTEW.
Perhaps the most fundamental role of a council member is communication with the public to assess community opinions and heeds, and with sbff to provide poliqy direction and togain an understanding of the implications of various policy aliematives. B€cause the Counc1performs as a body (that is, acting based on the wiil of the majority as opposed toindividuals), it is important that generat guidelines be understood when speaking as acouncil member. Equally impoftant, when council members are expressing personaiviews and not those of the_ Council, the public should be so advised. City tetterhead and staff support cannot be utilized for personalor poliucal purposes.
Any writing including but not limited to letters, memoranda, facsinriles, and any electronic communications (email, text, tweets, etc.) involving council rnembers, or members of commissions, committees and boards, the subject of wnicn relates to the conduct ofgovernment or the pefformance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records. As such, the public or media can request disclosure of such communications by filing a records request'with the City Clerl's office.
2,1T.020 GENERALCORRESPONDENCE.
The City Manager shall respond to or direct staff to respond to correspondence from the public to council members, and provide copies of the original correspondence and staff response to each council member. A council member may elect to respond to a specific correspondence in lieu of staff,'oh their own behalf rather than the City's. Correspondence addressed to specific council members will be copied to all council members, unless it is
CrrY or Inpmn Weu-s
Crrr Cour,rcrl Poucv Mmrunl
personal in nature. With respect to invitations to bvents, the council members may. coordinate reseruation or responses with the Council's Senior Executive'Secretary.
2.11.030 CORRESPONDENCE FROM COUNCIL MEMBERS,
Council members may occasionally be called upon to write letters to citizens,.busineses or other public agencies. Typically, staff will draft the letter that transmits the City's position, with review nf the City Manager. Correspondence sent on behalf of the Council is placed on official City letterhead and is signed by the Mayor or the City Manager.
2.11,040 USE S CITY STATTONERY.
Council members responding on their own behalf will use their personal $ationery. City stationery may be used by council members only for official City correspondence that represents the Cit/s official position.
2.11.050 PROCIAMATIONS.
Ceremonial proclamations are often requested of the City in recognition of an event or indMdual. As part of the Mayo/s.ceremonial responsibilities, the Mayor is charged with administration of proclamation, in conjunction with the Council's Senior Fxecutive Secretary, as long as the proclamation meets values cunently or previously recognized by the Council.
Individual council members do not issue proclamations. Proclamations can be sent to the requestor or presented at a'City Council meeting as arranged with the requesting body and at the Mayor's discretion.
2,11.060 EMAIL/Text Messaoes.
While email frcilitates efficient communication between council members and City staff, the use of email also raises important legal issues to which council members must pay special attention. The Brown Act prohibib a majority of council members, outside of a public meeting, from using 'a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or hke action" on any item of City business, Council members must be especially careful when communicating by email because the ease of psing the "reply all" button may inadvertently result in a Brown Act violation.
To avoid an inadvertent serial meeting by email, council members may not directly email a majority of members of a legislative body, such as the council or planning commission, either as direct recipients or as "CC" recipients concerning any item of City business.
Council members may email the rnajority of members of a legislative body by "blind copy" or'*BCC," but emailing a najoiity of the memberc (even using a BCC) is discouraged.
Opening Statement
RE: DANA REED VIOLATIONS
Dear lndian Wells Residents,
At the Council meeting on Octob er 2L,l presented the followihg comments regarding Councilman Dana Reed's continued violation of the City Policy Manual regarding treatment of residents, City staff and IWGR employees.
The question for residents, is this type of behavior acceptable in our City? This Council refuses to dealwith Mr. Reed's blatant inappropriate behavior despite the City Policy Manual's explicit instructions regarding this type of behavior.
I am only standing here in front of the Council because this Council lacked the courage to deal with ierious issues related to Councilman Reed's continuous violations of the City's Policy Manual. Unlike the Council of 20L2, who dealt with issues related to a Council person, this Council has chosen to ignore its responsibility and the oath it took to enforce behavior related to the Policy Manual. Over the last five years, Councilman Reed has continuously yiolated the Policy Manual. When called out for his behavior related to the Manual, he would repeatedly apologize, that after a period of time the apologizes would have no creditability. The continued bad behavior resulted in a mediation directed by Bob Bernhiemer a lawyer and former mayor of lndian Wells. Such mediation was unsuccessful because Mr. Reed did not comply with the terms of the Mediation Agreement. According to Section 3.14.010 of the Policy Manual, these violations should be brought forward to the Council, hold an investigation and then have a public hearing. This Council refuses to follow such required procedure.
Over the last five year period, Mr. Reed did the following:. Bullied his fellow Council members.. Made disparaging remarks to residents at Council meetings or by way of telephone or email. , ,.. Made disparaging remarks to City committee mernbers." . Made disparaging remarks to City employees and Troon . employees.. Attacked a candidate running for City Council using his title and position in such correspondence.. Potentially violated the State's Brown Act.
The following list is just a few of the residents or other people Mr. Reed verbally abused, put down or ridiculed:
. Gail Mceuary. Curtis Watkins. Bruce Underwood
. Bruce Whitman. Doug Hanson
' Kim Welchr Donna Griffin
. Kimberly Muzik
' Laura Shriver
' City Staff
. IWGR Staff
. Conflict of lnterest
. Best Practices - be respectful
. Commitment to Civility. Pledge of Civility
Mr. Reed has violated the following sections of the Policy Manual:
. Code of Ethics
. Council Conduct in Relationship to Committees
. Council Relationship to Electors
. Value of Respect
This 300+ page book outlines and documents Mr. Reed's behavior:
::1.
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O
o
Mr. Reed's behavior has cost the city over $1OO,OO0 at a time of COVID and a time to conserve funds.
Many also believe Mr. Reed violated the Brown Act - only the FPPC can determine that.
City attorney announced after closed session no action taken.
Obviously if Council not going to have public hearing, an action was taken.
Certain Council memberi'and the City Manager have stated Mr.
Reed violated the Policy Manual yet no action.
o
It is the time for the residents to decide if this behavior is acceptable and it's time for the Council to eliminate the Policy Manual since they won't enforce the stated Policies.
Ty Peabody
To:
From
Date:
RE:
City of lndian Wells
Ty Peabody, Mayor
October !9,2020
Cornplaint Against Ccuncilm an Reed
Best Practices - Pages 1- 6 -separate.Docilihent
Be respectful of others.
lnZQL4,the Council at that time reprirnanded and sanctioned a fetlow iounciipefson for violation of the City's Policy Manual pertaining ro:
' Best Practices. Comrnitment to Civility
' Pledge of Civility. Code of Ethics
" Council Conduct. value staternent
Since 2019 and even before this, a present Council rnember has violated the City's poliry Manual on "several occasions" to the detriment and embarrassrnent of his fellow Council rnembers and the public at large. These violations include but are not lirnited to the following City Policies:
Political R.eform Act- Conflict of lnterest- Paee 41. S€ction 2.090.030 When presenting their individual opinions and pcisitions, members shall explicitly state they do not represent their body of the City norwill they allow the inTerence that they do.
)
Commitment to CiviliW - Page 57, Section 2.14.020. Show respect to each other as elected officials. Show respect toward City staff.o Promote civility during Council meetings.
Pledse of Civiliw - Pase 57 & 58, Section 2.L4.O2O Section 2.14.030 All of those who appear before the.Council or any cornmittee have a right to be treated with respect, courtesy and openness,
Commit to conduct ourselves at all times with civility and courtesy to both those with whorn the City interacts and to each other.
and honesty and th'ey are expected to treat
ernployees with respect, courtesy, concern
all rnembers of the pu-blic and fellow City
anq responstveneSS.
:.i: ...:,1...Council Conduct Relatisnship frith Commitqees ':'- .' '..'' -' '' ; :.' | .
Council members rnust recognize that it ii irnportant for committee rnernbeis to be able to make objections, recommendations on items relbted to the city. :.:
'.>f'.
Councll Conduct Re latlonship to Elestlons - Pace i.17 Sestion 3.14.010 No Council mernber shall act in such a manner as to call into disrepdte'the public image of the Council on which is discourteous to members of the Council or members of the public.
Values of Respect - Page 92, Section 3.040.050
Over this period of time this individual has done the following:
Bullied his fellow Council members.
Made disparaging remarks to residents at'Coundl meetings or by way of telephone or email.
Made disparaging remarks to Gty cornmittee members.
Made disparaging remark to Oty ernployees arid Troon employees.
Attack a candidate running for Oty Council using his title and position in such correspondence.
Potentially violated the State's.Brown Act.
Although there are many more examples. of violating the City's Poliry Manual, I will site a few to rnake my point: )
1) Disparaging remark to residents or other individuals:
a
a
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a
Over the years a resident named 6ail McQuary had come in front of the Council to .discuss various issues related to the City. Each time this Council person dirninished, interrupted or put down this individual in public. The tast instance of this occurred in January 2070. McQuary filed an official cornplaint on January tS,ZAZO {see attached document). This Councilman also has had verbal arguments with residents that felt abusive or degrading either through email or telephone. One such resident that complained was a resident named Curtis Watkins. Another resident bullied by Mr.
Reed occurred durirrg the 2014 election. Mr. Reed continuously bullied/harassed Dr.
Bruce Underwood (running for office against Reed). Mr. Reed used email and phone to bully/intimidate Dr. Underwood. Mr. Reed even accused the individual of not being a doctor. This Council person has also been involved in disparaging individuals not living in lndian wells'v{ho have run for office in another area.A
2) Attempts to bully fellow Council members:
This Council person has displayed on numerous occasions in public and otherwise temperament issues related to fellow Council rnembers. On one occasion'the front of the Council members this Council person charged at a fellow Council person while yelling at him. Although he didn't end up striking the ind.ividual, the intent rivas there. Other examples of sur:h behavior are atta'c.hed"tifthis,document., 3) The most striking example of disparaging residents, City and Tr.oon staff and iommittee members occurred in November 20L9. For a full exp.lanation see attached dqcuments. 4) During this election period, this Council person has continuousiy attacked a-feqident running for a Council seat utilizing his "lndian Wells News and Views" and refrresents and referring to himself as "Mayor Pro Tem", which is a clear violation ef the City's Policy Manual including under Sestion 2.11 Council Communication. Also during this election period the Councilman, in spite of the City Poliry Manual's clear statement regarding "civility", sent out a "hit piece" through a third party making accusations against a resident running for office. This misleading "hit piece" most likely caused the candidate to lose the election, which was the intention of this Councilman. Although this Councilman tries to hide behind the "US Constitution and the Constitution of California", that does not exempt him from the Ci{s Policy Manual, which we all took an oath to enforce and abide by or frorn the rules of the FPPC. Mr. Reed filed a Form 497 Contributions and claimed he contributed to four candidates $500 each related to the 'hit piece". This was done without the knowledge Or discussion with any of these candidates. These actions could be and will be decided by the FPPC. 5) During this election period, this Council member has sent out correspondence to all Council members without their request. Under the Brown Act, Council members are only allowed to communicate with "one" other Council mbmber on an issue. Regarding this, the attached emails from this Council person show that he was contacting all Council members. These dmails were also delivered to the public and'cast dispersions on a resident running for office. ln these emails there were deliberate inaccuracies. This is a clearviolation of the City's Policy Manual (see attached policies)and possible violations of the Brown Act. lndian Wells residents should not accept this type of 2 behavior nor should the Council.
6) Mr. Reed has for the last six months sent numerous emails to "all" Council members either soliciting a response or making a staternent. To my knowledge, I haven't heard of any Council members responding to him. At one point I had wanted to respond to one of Mr. Reed's emails and was advised not to do so (see Section 6) by the City Attorney.
On Novernber 5, Mr. Reed again sent out an unsolicited email to all Council members plus two new founcil rnembers that will be swom in to office in December.
The Courrcilman has apologized in some of these instances, which rings shallow considering the repeated ongoing violations.
Since we have just completed an election and a new Council will take over in December, I made the decision to file this complaint as a "receive and file" versus putting my fellow Council members through a series of censurei hearings. The behavior by this Council member is no
different and maybe worse than what occurred in2ol4.There were serious consequences in 20L4 for this type of behavior. There appears to be none in 2020. lndian wells is a.great city with incredible residents. This type of behavior by anyone representinB tle city should not be tolerated. Residents were appalled by the "hit pieces" of 2012 affecting'5svgn-of ten candidates. Now in 2020 ,,hiLpieces,, are happening againln thisgreat city..This biihavior is not acceptabte ,na itr"lil-Jn ""rt"iroonn6
in tnaian w"rL a,iritn'rifitiothei coaihejla vatlev dties' we should be above that and win with an above board cainpaign'' i - '" '
rf you are not going to honor the oath we take when sworn into offiil"dnd livg bi:the .
rules/guidelines of the lndian wells' city Poli6/ Manual, we might as well elirninate such manual. Everyone must abide by the same rules and policies with no exceptions' At this point, this document a receive and file, but I reserve the right to move it to censure'
Other Taken bv This Council to the Detriment of the CiRv or lts Residents
Regarding Measure J, this Council pemoR wanted to do this for "bringing new blgod" to the Council when in reality and ftroki,ng baqfc; it was done for the purpose of preventing one persoh from running for a council seat, ln spitii of the city attorneys eafite inJanuary Zoz0 that the ballot measure might not be valid regarding retroactivity accordin$ fo Goverriinint eoOe Section 36502{B}, he went ahead and had the ballot measure votedo5r in the spring The bailot measure was adjudicated this summer and it uras found the Governme'rif Codese,eijon 36502(9lwas applicable and the ballot measure would not be applied retroactively. This Council person ignored the City attorney's advice and cost the City over g4g;000 in legal fees.
For what? To prevent a resident from running for office because he doesn't like him. ln June 2019 the City of La Quinta carne to the City of lndian Welts to get for "free a parcel owned by lndian Wells behind Happy Point for the purpose of creating a stafting point and terminals forthe CV Unh" ln spite of the City's belief that ts approve this request woutd violate the willof the residen8 expressed in their vote on Measure H in 2016 and in spite of this Council person's previous vote regarding not allowing the Ct/ Unk through lridian Wells, this Council person voted to give La Quinta our property for the CV Unk for free.
This type of behavior by that Council member also occurred regarding Measure GG and H.
lnterference in Citv Business
On October 1* the Housing Authority authorized ABODE to proceed withdeveloping conceptual plans for an affordable housing project to be located in lndian fvells. Subseqqently, rnyself and Chris Freeland received many requeilsfor further information.l.egqrding thiq pi-oject. Monthly since March the Mayor has beien sending out, without any objecticins from Coundil-members, letters to residents keeping them updated on what is occurring in the city. This moitfr a letter was to go out and the topic has to be clarification of the affordable hoqsing projdct. Mr. Reed interceded on behalf of one specific candidate and stated he didn't want tetter!6irig out during election time. What does explaining the affordable housing project passed on October l't have to do with the election?
Mr. Reed's behavior regarding this issue interfered with the City Manager's responsibilities and that of the Mayor. Mr. Reed and another Council person put the other Council mernbers and our Gty Manager in an awkward position and in order to avoid a potential Brown Act violation withdrew the letter until after the election.
Hh Pieces
h 2A12 "Hit Pieced'were sent to the residents of lndian Wells regarding-leven.of ten candidates. At the time, the residents and seven candidates were rppsetthat this typdof behavior would occur in lndian Wells. lhe election oJ 2015 hgd.:{r.b "Hit Piecd.s! ant a lot of us thought this rype of behavior would not occur anymore. Were'we wronglll :- '' ' This year buncitman Reed and a resident decided to again interferein an eleaioniy sending out a series of "Hit Pieces" electronically and through the rnail. This type of behavioi is in violation of the Citfs Policy Manual including Pledge of Cvility, Code of Ethicq and Council Conduct Relationship to Elections. Alsq by copying all Council rnembers tttrough email, it is a potential violation of the Brown Act. There was nothing constructive about these "Hit Pieces" and were only intended to rnislead the public regarding this one candidate (see attached "Hit Piece").
costing the Gty o/er ${g,gpg in legal fues to try to prevent this candidate from running for office unas a selfish, self-centered egotistical, and the act of a bully and corarard. Remember the City Attorney vuarned Mr. Reed there muld he problems whh the Ballot Measure. He went ahead anyuray, tost and cost the City/rqsidents $40,000 during a pandemic when the City was tryingto cut costs. i
The "Hit Pieces" put out by lnland EmpirbJaxpayers As$ociation was paid for by Mr. Reed (see his form 496) and wasfull of inaccuracieS-
As you will note in Mr. Reed's Form 496 and 497, he dis{oses ftat he fonn arded the lnland EmpireTaxpayert' "Hit Piecef in vloladon of the 6!1sstated policies. Mr."Reed stated in one of his emails that omy activities in conJunctlon wltt the 2O2O elections are reasonable, fair and fully protected b.y both the US Constitution and Constitution of the State of Califo,rnia" is ilue,. but that does not mean that it is appropriate behaviorfor a sitting Council member nor i5 it appropriate belravior in the eyes of the residenfo of lndian Wells not qergention a clear uiol"tion of the Stt's Policy Manual. We should be above this type of behavior.
Finalln on Mr. Reed's Fonn 497, he clairned that his $z,(no paymentto lnland Empire Taxpayers Association was a contribution to the following candidates:
' Muzik. Griffith. Sanders. Hanson
This claim of a contribution to those candidates was not discussed with any of them and, therefore, none of them gave Mr- Reed permissi'on/approval to claim such contribu$on. Until the FPPC rules on this claim, ttre ca'rfOiaates may have to put it on their460.
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.' " Indian Wells deserves
a city council that
respects Public oPinion,
works to lower
taxpayers' costs and
is civil to their fellow
council mernbers.
This is NOT Doug
Hanson.
:'l Doug Hanson
lras squandered
taxpayer dollars
on lawsuits tlrat
have cost the
City
, ,. Doug Hanson has
+.1*
failed us before-
he is not capable - -
of performing the
duties required
of a city council
member.
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lnland Empire Taxpayers Association ,;
4201 Brockton Avenue, Suite 100
Riverside, CA 92501
Presorted Std.
U.S. Postage
PAID
Victory Mail
T2 P1'805'005-"'tAUTO"5-D|GIT92?r0.
Valerie Erwin-Peabody
Edward Peabody
76471Pala Palms Dr
lndian Wells CA9221 ored+e
lllllrl'gllllll'1ll'lls1l!ll.r1l.lillt'llllllhl,llhht.:l',lll:aid for by lnland Empire Association I FPPC: 1285q47
I
497 Contribution Report
Dana !V, Rced
780-77(}. t4S6
,l{i-14fi lirst lildorarkl Drivc
CITY
Indiarr Wells
2. Gontribution(s) Made
DATE
M.4DE
l0/8/20
10 09'?0 rn0t 31 ritu sr it't
ztP
cA $22t0
Amounts may be rounded to whole dollars.
)
DATE CIF ELSCTION
tl!:. ,1PPL4A0rEt
I I /:tt/20
t t/3/2\)
I ti3it0
ll/3t2u
FppC Form ag7 lFeb/2019)
FPPC Advice: [email protected] a.gov 1866 | 2Z S-J7Z Zl
www.lppc.ca,gov
For Offlciat Use Onty
I
Date Slantp
IAnrendmenl
to Report No. _-
(e(nl$in hi',lo{'rt
I
No. ol Pages
lu/gt2t
Report No,
Date of
This Filing
l.D
AHOUI'IT ()F
CONTNIBUTION
$s00.
s500
s500
CAIIIbITIATE AND NFFIG€
OR
ltlEASt,RE AND JURISOrCltOt'r
Kinthu:ly lr{rrzik isuppurt)
lndlnn \tplls (iiry Council
Dorrra Criifith {Support J
lndiarr Wells firy Council
CrcgSnnrlcn (support)
lntlian Woll.s City Council
Doug Hanson lOppnse)
lntliarr Wclls City Courrcil
lrrlnnd [nrpire Taxpaytrs Asociartion
,1201 Brocktun Avarrue. i{ 100
Rivcrsidc, CA |)2501 g5b'f
FTJLL NAME. STREETADDRESSAND ZIF CODE OR NECIPIENTI ilt COli$llrTEC. ALSO gNIEH LO. llUm3ERl Reason forAmenclmenl:
Late lnd, ): rt Expenditure Report in inh
Amounts maybe rcunqed to whole dollars.
T1 ))
NAIIEOFFITER
Inlaud Empire Tarpayers Association
AREA CODSPHONE NUMBER
(9st)27+9s00
STREETADDRESS
CTTY
Rivenide
1. List Only One Candidate or Ballot Measure
STATE ZIPCODE
92501CA
LATE INDEPENDENT EXPENDITURE REPORT
For Oftcial Use Only
Date Stamp-
Page I of3
I Amendment
to Report No. --lexplaln bolow,
No. of Pages
1442-010r5
lw$naza
Report No.
Date of
This Fillng
l,D. NUMBER (lf
"ppttcaUt"i
-
r285847
'oh'5Rfi,|'o 496
l{At[E
Doug llanson OF
OR
City Council Memba
2. lndependent Expenditures Made Attach addruoncr rnformauon on approprratery tabered confinuatton eh6eb.
JURISDICTIONBALLOT NOJLETTER
X
OPPOSESUPPORT
DATE
101t5t2020
DESCRFT|ON OF EXPENDITURE
PRINTIN6 AMOUNT
$2,@0.00
_ FPPC Form496(Junel01)
FPPC Toll-Free Hdpflne: g6s/Adr.fppi
&6n795772
Reason forAmendment:
To Chris Freeland
Ty PeabodyFrom:
:::"
Date November 15, 2019
RE: Comptaint Filing Against Councilman Dana n"rO
for Specific Violations ofthe City
Council Policy Manual
At the last Council meeting (November 7,24D) Dana Reed
violated certain sections of the City Council Policy Manual including but not limited to Civility, the Value Statement, Code of Ethics and Best Practices by making in public disparaging remarks concenring the Golf Committee which includes
residents, Troon employees, hotel general rnanagers, Council members (2) and city employees (3). Some of Mr. Reed's
disparaging remarks included:"
. Reed called the Committee ridiculous and irresponsible. . Reed stated that whoever selected this committee did a bad job of vetting the candidates basically inferring that they were *sfupid" and not qualified to make such decisions. " Reed stated the crty should remgte existing Golf Cornmittee members and replace them with new members that are
randomly selected regardless of background or experience.
No consideration for replacing city stafl Troon staff, or hotel general managers
" Reed basis for his tirade was that the Golf Committee didn't agree with him.
. Other insulting and degrading words used by Mr. Reed
included:
o Preposterous
o Mindboggling
o Inference of stupidity
o Not qualified
o Irresponsible
In the City Council Policy Manual there are specific references to proper or imprroper behavior related to Council members which Mr- Reed violated:
. Best Practices: be respectful of others.
. CommitmeRt to Civility:
o Show respect to each other as elected officials.
o Show respect toward CitY staff
o Promote civility during Council fireetings. '
.
. Value Statement
o Maintain highest professional standards and ethics.
o Exceptional customer services and civility.
Pledge of Civilitg
All those who appear before the Council or any commiffee have a right to be treated with respec! courtesy and openness.
Commit to conduct ourselves at all times with civility and courtesy to both those with whom the crty interacts and to each other. .\
Code of Ethics
City officials and employees are iequired to maintain the highest standards of integrity and honesty and they are expected to treat all members ofthe public and fellow city employees with respect, courtesy, concefll and responsiveness.
Council ConductlRelationship with Committees
Council members must recognize that it is important for committee members to be able to make objections,
recommendations on items related to the city.
eouncil CpnductlRelationship to Elections
No Council members shall act in such a maruler as to call into disrepute the ptrblic image of the Council on which is
discourteous to members of the Council or members of the public.
If Mr. Reed had bothered to take time to inquire from Troon personnel the actual analysis of golfplay, had attended Golf Committee meeting (not once in six years), meet with one of the two Council members or resident members maybe he wouldn't have embarrassed himself and insulted the Golf Committee members.
The Golf Committee is made up of residents, hotel general
If hdr. Reed had bothered to ask he would have discovered that the Golf Committee on Octob er 24 spent two hours at the last meeting discussing the issues of whether there was or was not a violation or abuse of resident tee times. When Mr- Reed ongnally opened fhis discussion he stated at the time without fact or foundation that golf Sosps were taking {! 9f the prime tee times. Based on his unfounded accusation, an"analysis was "" completed (see attached) and presented to the Golf Cdmmittee and Council showing factually that golf groups resefvbd less .:
than two times per ieek (l2-month anafysitand presently tnere are only four golf groups (including women's Soup) makingtee times. Years ago there had been abuse of tee times by groups, that no longer exists. With the accusation put to bed, I\dr. Reed then stated that a small group was monopolizing prime tee times. An analysis was completed and this proved to not be true.
Finally, lvlr. Reed believes certain residents are making multiple tee times per day" This also is untrue. Mr. Reed now wants to penalize residents by limiting daily tee times with no foundation or fact to warrant such treafineht of our residents. Steve Rosen at the last Council meeting stated the'only problem with tee times is that a resident can get a tee time but maybe not the exact time tit*y want on that day.
Mr. Reed's tmwarranted attssk on the Golf Commitlee and its members was totally unwarranted and unnecessary and should not be condoned. I am requesting that Mr. Reed apologize to the Golf Commifiee and cease this type of behavior. Some years ago we had a Cotmcil member who repeatedly put down staffand Council members. Since his deparfure, we have not had this -proble.nuntitnornrletSSQtbaslltofi eattn&rssideft s,-slaff and-Council membors properly. Council members should be held to
a higher standard. Also, our focus should be on finding ways to get back the 17,000 goHers we have lost over the last seven or eight years.
Attachments or Beferences
CitV Co*"il PoHty Manual
Hanson Memo
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It pfU4f tna Dql-Rq tarticipatcd in medialion rcgardiirg thbir corg.ptainri spinstpne anothcr . alleging violations of fie City of Indim W.clls City _Council foticy ffanuii l.Urnriei)$gt "e* towithrllaw thcir complaints under the fiillowing conditions: + ': ; ' l. Rcod rhall pblicly ruifratc an rpology af a Cifjr Council meeting for any prcvious uncivil conduat
2. nccdhcrcbysgt€s aotto violate theMrnual inftc futrne.3- realg{v nay lodge his nobboot with thc City Ctcrk whicb may be nccassible ro rhe pubtic end rycd if auy ftturg violEtion of firc ldanual ir allcged ,grinst Reid4, The llcdiator ryill inform thc €ity Mrnager, City Attorncy and City Council that the rcsulh of thir Medimion includc arequort{rnt ilrc City oonsiCorfts fonowing rccomne,ndations:
N. The Marual be .amqdod to pnohibit a Cowcil Membq Rdr ai,rcctty ernaillnl a rnrjodryofcouncil n€mber8becaruc thig creltcc r potdlial trap for Bnow.n Act vlolatloffi. - b. The City Atlorncyrlroulil dn$ o diselaim€r to be used by all mcnrbers of tlre CityCouncilufta somdngcommunicailons that exprers pccsonal visws, consigt€nt with Scction 2.11.010 ofitu Manual
5. RcGd Ehall widtdrcrv hie regrcct tbrt thc Council eonrider univing tho anomey-client privilege of a Docembcr & 2020memo &ou 6c CityArbrney.
6. Pcabody will withdraw his requpt for r rpccirl Council Meeting scheduled for I l l 0 a.m, on Deccrnbs 17,2V20.
Ifrhy of the rbovc items srrg nd, comlrlied.wi&, the compleintsof Peabody and Reed itrail procced to the City Council pursuaut to ltrc Manual.
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AGREED AND ACCFCTPED:
DAIED: DECEMBER 15, 2020
APPROVEDAS TO FORM:
MEDIATON
ROBERT A. BERNIIEIMER. APLC
PEABODY
I
A.
City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:036-22 Item #:A.
Presentation of the 2022 Commemorative Poster for the Annual Indian Wells Arts Festival by Dianne Funk
City of Indian Wells Printed on 3/11/2022Page 1 of 1
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City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:037-22 Item #:B.
Indian Wells Marketing Update Presentation by Chief/Marketing Officer Colleen Pace with Visit Greater Palm Springs and Director of Indian Wells Sales/Marketing Sean Smith
City of Indian Wells Printed on 3/11/2022Page 1 of 1
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City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:038-22 Item #:A.
Indian Wells City Council
Staff Report - Finance March 17, 2022
Adoption of City’s Investment Policy
RECOMMENDED ACTION:
Council ADOPTS the City’s Investment Policy as amended.
DISCUSSION:
The Finance Committee met on February 15, 2022, to review and discuss the investment policy and recommends the City Council adopt the investment policy as presented.
The Government Code requires Council to annually review and readopt the City investment policy.
The City Treasurer reviews each section of the policy, verifies compliance with the State code and makes recommendations, which enhance investment policy standards and procedures. This annual requirement provides for public transparency of qualified investments and ensures the City is investing it funds in accordance with State law and with polices and standards established by the City Council.
The City Treasurer verified compliance with Government Code and recommends one policy improvement consistent with the Government Code.
Background:
The City’s investment policy is certified by California Municipal Treasurer’s Association (the CMTA).
The CMTA Certification Program provides professional guidance to improve investment policies in California’s public-sector agencies and districts. Compliance with the CMTA Certification Program demonstrates due diligence and “best” practices.
The City Treasurer is charged with the responsibility for maintaining custody of all public funds and securities belonging to or under the control of the City; and, and for the deposit and investment of those funds in accordance with the principles of sound treasury management, applicable laws, and ordinances, and with this investment policy.
City of Indian Wells Printed on 3/11/2022Page 1 of 2
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File #:038-22 Item #:A.
The City Treasurer prepares monthly Treasurer Reports to demonstrate compliance with the investment policy subject to City Council approval and public review. The City investment policy and investments are subject to external auditor review and inspection during the audit. The investment policy and Treasurer Reports are available online at
http://www.cityofindianwells.org/cityhall/depts/finance >.
Analysis:
The City Treasurer proposes one modification to the reporting section of the Investment Policy:
Revise Section 10.0 Authorized and Suitable Investments: Federal Agency Securities like Federal Home Loan Bank (FHLB), Fannie Mae (FNMA), and Freddie Mac (FHLMC) are the preferred investment of the City due to Federal credit quality. Credit quality of Federal Agency Securities is similar to US Treasury Bills, Bonds, and Notes.
The City’s investment policy currently limits the purchase amounts of Federal Agency Securities to 70% of the portfolio and $15,000,000 per issuer. Approximately 90% of all Federal Agency Securities issued in the marketplace during 2021 have been exclusively from FHLB making it difficult to maintain yield within the portfolio due to the $15,000,000 per issue limitation.
Since most California municipalities do not impose a per issuer limit on Federal Agency Securities and there is no limit in the State Investment Code, the City Treasurer recommends maintaining the 70% requirement and eliminating the per issuer limit like the City’s investment requirement for US Treasuries.
ATTACHMENT:
1. Indian Wells Investment Policy
City of Indian Wells Printed on 3/11/2022Page 2 of 2
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City of Indian Wells
Statement of
Investment Policy
Readopted March 17, 2022
Att
Attachment #1
15 City of Indian Wells
Statement of Investment Policy
Page | 1
Table of Contents
Investment Policy Certification ....................................................................................................... 2
Policy 1.0 ............................................................................................................................... 3
Scope 2.0 ............................................................................................................................... 3
Fiscal Prudence 3.0 .......................................................................................................................... 4
Objective 4.0 ............................................................................................................................... 5
Delegation of Authority 5.0 ............................................................................................................. 6
Ethics and Conflicts of Interests 6.0 ................................................................................................. 7
Authorized Financial Dealers and Institutions 7.0 ........................................................................... 7
Safekeeping and Custody 8.0 ........................................................................................................... 7
Investment Diversification and Percentage Limitations 9.0 ............................................................ 8
Authorized and Suitable Investments 10.0 ...................................................................................... 9
Prohibited Investments 11.0 .......................................................................................................... 10
Review of Investment Portfolio 12.0 ............................................................................................. 10
Investment Pools/ Money Market Funds 13.0 .............................................................................. 10
Collateralization 14.0 .................................................................................................................... 11
Maximum Maturities 15.0 ............................................................................................................. 11
Internal Control 16.0 ...................................................................................................................... 12
Maturity Structure 17.0 ................................................................................................................. 12
Performance Standards 18.0 ......................................................................................................... 12
Reporting 19.0 ............................................................................................................................. 13
Investment Policy Adoption 20.0 ................................................................................................... 13
Glossary of Investment Terms ....................................................................................................... 14
16 City of Indian Wells
Statement of Investment Policy
Page | 2
Investment Policy Certification
17 City of Indian Wells
Statement of Investment Policy
Page | 3
1.0 Policy
It is the policy of the City of Indian Wells to invest public funds in a manner, which will provide the maximum security of the City’s capital while meeting the daily cash flow demands of the City. The policy conforms to all state and local statutes governing the investment of public funds; and beyond that, to maximize return within an acceptable and defined level of risk. The City’s policy is to deposit and invest public funds in a manner that shall provide:
• Safety of principal
• Liquidity to meet all City obligations and requirements that may be reasonably anticipated
• A risk-based market rate of return
This policy intends to provide guidelines for the prudent investment of the City's temporarily idle cash in all Funds and outline the policies for maximizing the efficiency of the City's cash management system.
2.0 Scope
This Investment policy applies to all financial assets of the City of Indian Wells. These funds are accounted for in the City’s Comprehensive Annual Financial Report and include:
• The General Fund
• Special Revenue Funds
• Debt Service Funds
• Capital Project Funds
• Agency Funds
Included in these funds are the following Component Units of the City of Indian Wells; and accordingly, are encompassed by this investment policy:
• The City of Indian Wells Successor Agency
• The City of Indian Wells Housing Authority
• The City of Indian Wells’ Fire Access Maintenance District • The City of Indian Wells Lighting and Landscaping District(s) • The City of Indian Wells Assessment District(s)
18 City of Indian Wells
Statement of Investment Policy
Page | 4
The City’s Investment Policy does not apply to the following:
• Funds held in trust in the City’s name in pension or other post-retirement benefit programs;
• Cash and Investments held in lieu of retention by banks or other financial institutions for construction projects;
• Short or long-term loans made to other entities by the City; and Short term (Due to/from) or long-term (Advances from/to) obligations made between the City and its funds.
Investment of Bond Proceeds
California Code Section 5922 (d) governs the investment of bond proceeds and reserve funds in accordance with bond indenture provisions.
• Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform arbitrage calculations as required and return excess earnings to the US Treasury from investments of proceeds of bond issues sold after the effective date of this law. These arbitrage calculations may be contracted with an outside source to provide the necessary technical assistance to comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept segregated from other funds and records will be kept in a fashion to facilitate the calculations.
The City’s investment position relative to the new arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity.
It is the City's position to continue maximization of yield and to rebate excess earnings, if necessary.
3.0 Fiscal Prudence
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, direction, and intelligence exercise in the management their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
19 City of Indian Wells
Statement of Investment Policy
Page | 5
It is the City's full intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal. Staff anticipates market prices of securities purchased will vary depending on economic conditions, interest rate fluctuations, or individual security credit factors. Such temporary variations in market value will inevitably result in measurable gains or losses at any specific point in time.
The City Treasurer is assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures, and exercising due diligence. The City Treasurer shall be relieved of personal responsibility and liability for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.
4.0 Objective
The principal factors of Safety, Credit Risk, Market Rate Risk, Liquidity and Return on Investment shall be taken into consideration, in the specific order listed, when making investment decisions.
1. Safety of Principal - Safety of principal is the foremost objective of the investment program. Investments of the City of Indian Wells seek to ensure the preservation of capital in the overall portfolio. To obtain this objective, the City will mitigate credit risk and interest rate risk.
2. Credit Risk - Credit risk is the risk of loss due to the failure of the issue of a security.
Credit risk will be mitigated by:
a. Limiting investments to the safest types of securities b. By pre-qualifying, the financial institutions with which it will do business c. By diversifying the investment portfolio in order that potential losses on individual securities do not unduly harm the City’s capital base and cash flow.
3. Market Rate Risk - Market Risk, defined as market value fluctuations due to overall changes in interest rates shall be mitigated by limiting the average maturity of the investment portfolio to less than 5years, with a maximum maturity of any one security of 10 years. The portfolio shall be structured based on liquidity needs to avoid the need to sell securities prior to maturity.
4. Liquidity - The investment portfolio will remain liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature at the same time cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity).
20 City of Indian Wells
Statement of Investment Policy
Page | 6
5. Return on Investment - The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, considering the City’s investment risk constraints and the cash flow characteristics of the portfolio. Return on Investment is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively minimal risk securities, as herein defined, in anticipation of earning a fair return relative to the risk assumed. While it occasionally may be necessary or strategically prudent of the City to sell a security prior to maturity to meet unanticipated cash needs or to restructure the portfolio, this policy specifically prohibits trading securities for the sole purpose of speculating on the future direction of interest rates.
5.0 Delegation of Authority
Authority to manage the investment program is derived from California Government Code Section 53600, et seq.; the City’s Municipal Code; and City Council’s Policy Manual.
Responsibilities of the Finance Department
The Finance Department is charged with the responsibility for maintaining custody of all public funds and securities belonging to or under the control of the City and for the deposit and investment of those funds in accordance with the principles of sound treasury management, applicable laws and ordinances, and this investment policy.
Responsibilities of the City Treasurer
The City Treasurer is responsible for investing all City Funds in accordance with the California Government Code, Sections 53600 et seq. and 53635 et seq. Investment practices shall conform to the prudent man rule (Civil Code Sect. 2261, et seq.).
The City Treasurer shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to safekeeping, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer.
21 City of Indian Wells
Statement of Investment Policy
Page | 7
6.0 Ethics and Conflicts of Interests
Elected officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial decisions.
Employees and Elected officials shall disclose to the City Manager any material interests in financial institutions that conduct business with the City of Indian Wells, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the City’s portfolio. Employees and Elected officials shall subordinate their personal investment transactions to those of the City of Indian Wells particularly about the time of purchases and sales.
7.0 Authorized Financial Dealers and Institutions
Authorized Financial Dealers and Institutions defined under California Government Code Section 53601.5 shall be allowed to conduct business with the City. Authorized Financial Dealers and Institutions defined under California Government Code Section 53601.5 shall be defined as an institution licensed by the State of California as a broker-dealer, as defined in Section 25004 of the California Corporations Code, or a member of a federally regulated securities exchange, a national or state-chartered bank, a savings association or federal association or a brokerage firm designated as a primary government dealer by the Federal Reserve Bank.
The City Treasurer will maintain a list of financial institutions authorized to provide investment services conforming to the California Government Code Section 53601.5. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net Capital rule). No public deposit shall be made except in a qualified public depository as established by state laws.
All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Treasurer with the following: audited financial statements, proof of National Association of Security Dealers certification, proof of State of California registration, and certification of having read the City’s investment policy. A current (for the fiscal year most recently ended) audited financial statement is required to be on file for each financial institution and broker/dealer in which the City invests.
8.0 Safekeeping and Custody
To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement. All trades executed by a dealer will settle delivery vs. payment (DVP) through the City’s 22 City of Indian Wells
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safekeeping agent. Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings. The only exception to the foregoing shall be depository accounts and securities purchases made with: LAIF, time certificates of deposit and money market mutual funds since the purchased securities are not deliverable.
9.0 Investment Diversification and Percentage Limitations
Investments shall be diversified among institutions, types of securities and maturities to maximize safety and yield with changing market conditions. The City Treasurer will diversify investments by investment type and institution in accordance with the limitations of the authorized investments.
Diversification
• No more than 70% of the City’s total investment portfolio will be invested in a single security type or with a single financial institution, quantified at the time of purchase. • The City Treasurer shall take great care not to exceed the maximum 70% diversification limit; however, due to routine fluctuations in the amount of cash held in Local Agency Investment Funds (LAIF) or other short-term investments, the City may at times temporarily exceed the maximum 70% diversification limit.
Percentage Limitations
• The City Treasurer shall not exceed the maximum investment percentage of the portfolio by investment type at the time of purchase of the security. Due to routine fluctuations in the amount of cash held in LAIF or other short-term investments, the City may at times temporally exceed the maximum investment percentage of the portfolio by investment type. The City Treasurer shall not be required to sell any investment type to maintain the maximum investment percentage of the portfolio by investment type limit.
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10. Authorized and Suitable Investments
Investments of City funds are governed by the California Government Code Sections 53600 et seq, as amended from time to time.
Investment Type Maximum
Maturity
Maximum
Percentage
of Portfolio
Maximum
par value
per name
Credit/Minimum Quality Requirements
US Treasury Bills, Bonds and
Notes
5 years – See
Maximum
Maturity
requirements
0-70% None Full faith and credit of the United States
Government
Federal Agency Securities 5 years – See
Maximum
Maturity
requirements
0-70% None Implied guarantee of the US
Government. Federal Agency Securities
have an AA+ rating.
Local Agency Bonds 5 years – See
Maximum
Maturity
requirements
0-30% $5,000,000 Shall be rated in a rating category of “A” or its equivalent or better by a
nationally recognized rating service
such as S&P or Moodys.
State of California
Obligations
5 years – See
Maximum
Maturity
requirements
0-30% $5,000,000 Shall be rated in a rating category of “A” or its equivalent or better by a
nationally recognized rating service
such as S&P or Moodys.
CA Local Agency Obligations 5 years – See
Maximum
Maturity
requirements
0-30% $5,000,000 Shall be rated in a rating category of “A” or its equivalent or better by a
nationally recognized rating service
such as S&P or Moodys.
Money Market Funds N/A 0-30% 10% per
single issue
Multiple requirements including highest
ranking by two nationally recognized
rating agencies, must have fund advisor
registered with the SEC, have more than
$500 million under management, etc.
Certificates of Deposit –
Private Placement Certificate
of Deposit Account Registry
Service (CDARS), Negotiable
Certificates of Deposit, Non-
negotiable Certificates of
Deposit
5 years 0-30% $250,000
per Issuer
Federal Deposit Insurance Corporation
(FDIC) Insured limited to $250,000 per
issuer.
Repurchase Agreements 30 days 0-10% $2,000,000 Signed Security Loan Agreement in file.
Reverse Repurchase Agreements are
specifically not authorized under this
investment policy.
Local Agency Investment
Fund
N/A 0-70% $30,000,000
(per entity)
Investment of funds in the California
LAIF which allows the State Treasurer to
invest through the Pooled Money
Investment Account
Medium-term Corporate
Bonds
5 years 0-30% 3,000,000
up to 5% per
Issuer
Shall be rated in a rating category of “A”
or its equivalent or better by a
nationally recognized rating service
such as S&P or Moodys.
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11.0 Prohibited Investments
Pursuant to California Government Code Section 53601.6, as amended from time to time, the City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages. In addition, the City shall not invest funds in any security that could result in zero interest accrual if held to maturity.
12.0 Review of Investment Portfolio
The securities held by the City must be in compliance with Authorized and Suitable Investments at the time of purchase. The City Treasurer shall establish procedures to report to the City Council, major and critical incidences of noncompliance identified through the review of the portfolio.
13.0 Investment Pools/ Money Market Funds
The City may invest in the Local Agency Investment Fund (LAIF), a special fund in the California State Treasury created and governed pursuant to Government Code Sections 16429.1 et seq.
LAIF limits investments to $75 million from any one public agency by State law; however, the City’s investment policy limits investments to $30 million.
The California Government Code states that moneys placed for deposit in LAIF are in trust in the custody of the State Treasurer and cannot be borrowed or withheld from the City. Further, the right to withdraw deposited money from the LAIF upon demand may not be altered, impaired, or denied in any way by any state official or agency based upon the State’s failure to adopt a budget by July1 of each new fiscal year.
A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. The purpose of this investigation is to determine the suitability of a pool or fund and evaluate the risk of placing funds with that pool or fund.
The investigation will, at a minimum, obtain the following:
•A description of eligible investment securities, and a written statement of investment policy and objectives.
•A description of interest calculations and how it is distributed, and how gains and losses are treated.
•A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced, and the program audited. •A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
•A schedule for receiving statements and portfolio listings 25 City of Indian Wells
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• A description of how the pool/fund maintain reserves, retained earnings, etc. or is all income after expenses distributed to participants
• A fee schedule that discloses when and how fees are assessed. • The eligibility of the pool/fund to invest in bond proceeds and a description of its practices.
Money market mutual funds must be registered with the Securities and Exchange Commission and which comply with rule 2a7 of the Investment Company Act of 1940. The dollar weighted average maturity of the portfolio shall be less than ninety (90) days and the portfolio is managed to maintain a one-dollar ($1.00) share price.
The fund shall meet either of the following criteria:
• Attained the highest ranking or the highest letter and numerical rating provided by not less than two Nationally Recognized Statistical-Rating Organizations • Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management more than five hundred million dollars ($500,000,000).
14.0 Collateralization
Collateralization will be required on Repurchase Agreements.
• Repurchase Agreements - To anticipate market changes and provide a level of security for all funds, the collateralization level for repurchase agreements will be 102% of market value of principal and accrued interest. The collateral cannot be mortgaged- backed securities.
15.0 Maximum Maturities
The City of Indian Wells will attempt to match its investments with anticipated cash flow requirements. To the extent possible, the City Treasurer shall maintain investments in the portfolio equal to the amount of two years current General Fund operating reserves maturing at no more than five (5) years from the date of purchase.
Once this requirement is met, a maximum of 30% of the portfolio may be invested for more than five (5) years but not to exceed ten (10) years consisting of those investments listed in Government Code Section 53601 where there is no limitation specified therein regarding the term or remaining maturity of the instrument. Investments greater than five (5) years from the date of purchase shall be brought to the City Council for review and approval prior to purchase.
Reserve funds from Bond proceeds may be invested in securities exceeding five (5) years if the maturity of such investments is made to coincide as practicable with the expected use of funds. 26 City of Indian Wells
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16.0 Internal Control
The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the City Treasurer shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures.
17.0 Maturity Structure
The weighted average maturity of the pooled portfolio shall not exceed four years. In addition to the four-year maturity average, the portfolio shall be structured for liquidity purposes to maintain $5,000,000 of invested funds maturing within 360 days.
18.0 Performance Standards
The investment portfolio shall be managed in accordance with the parameters specified within this policy and always within consistently safe and prudent treasury management procedures.
Market Yield (Benchmark)
The City’s overall investment strategy is passive: Investments are generally held to maturity. The City portfolio shall be compared to a benchmark to determine whether market yields are being achieved. The LAIF apportionment rate and the two-year U.S.
Treasury Note shall be considered useful benchmarks of the City’s portfolio performance.
Marking to Market
The market value of the portfolio shall be calculated monthly. This will ensure that review of the investment portfolio, in terms of value and price volatility, is performed. In defining market value, consideration shall be given to pronouncements from the Government Accounting Standards Board (GASB) that address the reporting of investment assets and investment income for all investment portfolios held by governmental entities. The fair value of all securities reported in the City’s portfolio is based on currently quoted market prices.
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19.0 Reporting
The City Treasurer shall prepare monthly Treasurer’s Report that provides a clear picture of the status of the current investments. The Treasurer’s Report is prepared in a manner that will allow the City Manager and the City Council to ascertain whether investment activities during the reporting period have deviated from the City’s investment policy. The monthly Treasurer’s Report will include the City portfolio, Fiscal Agent portfolio, and Bond Proceeds portfolio(s).
In accordance Section 53646 of the State Government code the City Treasurer may submit a Treasurer’s Report to the City Council at least quarterly, within 30 days following quarter-end.
Due to the City’s limited summer public meeting schedule and combined with preparation of the annual financial audit, the 30-day reporting requirement may be difficult to achieve for the June quarter. Therefore, the City Treasurer shall submit at minimum an initial report of the Treasurer’s Report to the City Council for review within the 30-day limit followed by a final Treasurer’s Report submitted to the City Council when finalized.
The following information shall be required in each monthly investment portfolio report:
• A listing of individual securities held at the end of the reporting period • Percentage of Portfolio by Investment Type
• Investments Stated Rate and Book Value
• Unrealized gains or losses resulting from appreciation depreciation by listing the cost and market value of securities over one-year in duration • Average rate of return on City’s investments
• Maturity aging by type of investment
• Market value of Securities
• A statement of compliance with the investment policy or an explanation for non- compliance
• A statement of the City’s ability to meet its pool’s expenditure requirements for the next six months, as well as an explanation of why sufficient money will not be available if that is the case.
20.0 Investment Policy Adoption
The City of Indian Wells Investment Policy shall be adopted by minute order of the City Council of the City of Indian Wells. The Policy shall be reviewed annually by the City Council and any modifications made thereto must be approved by the City Council.
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APPENDIX “A”
GLOSSARY OF INVESTMENT TERMS
AGENCY: A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government (i.e., Government National Mortgage Association). Federally sponsored agencies (FSA's) are backed by each agency with a market perception that there is an implicit government guarantee (i.e., Federal National Mortgage Association).
ASKED PRICE: The price at which securities are offered for sale, also known as offering price.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.
BID PRICE: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.)
BOND PROCEEDS: The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These moneys are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract.
BOOK VALUE: The value at which a debt security is shown on the holder's balance sheet. Book value is often acquisition cost plus/minus amortization and accretion, which may differ significantly from the security’s current value in the market.
BROKER: Someone who brings buyers and sellers together and is compensated for his/her service.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also, refers to securities pledged by a bank to secure deposits of public monies.
CREDIT QUALITY: The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer's ability to make timely interest payments and repay the loan principal upon maturity. The higher the credit quality of a bond 29 City of Indian Wells
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issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by a Nationally Recognized Statistical-Rating Organization.
CREDIT RISK: The risk to an investor that an issuer will default in the payment of interest and/or principal on a security.
CUSTODIAN: A bank or other financial institution that keeps custody of stock certificates and other assets.
CURRENT YIELD (CURRENT RETURN): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, by buying and selling for his/her own account.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.
DERIVATIVES: (1) financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities, or commodities).
DIVERSIFICATION: Dividing investment funds among a variety of security types by sector, maturity and quality ratings offering independent returns.
DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates.
FAIR VALUE: The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale.
FEDERAL CREDIT AGENCIES: Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g., S&L’s, small-business firms, students, farmers, farm co-operatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits currently up to $250,000 per deposit.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) that lend funds and provide correspondent banks services to member commercial banks, thrift institutions, credit unions and insurance companies.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s 30 City of Indian Wells
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purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., twelve Regional Banks and about 5,700 commercial banks that are members of the system.
FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA): A self-regulatory organization (SRO) responsible for governing business between brokers, dealers, and the investing public.
GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB): A standard-setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA, or FMHA mortgages. The term “pass-throughs” is often used to describe Ginnie Maes.
GOVERNMENT SECURITIES: An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See "Treasury Bills, Notes, and Bonds." INTEREST RATE RISK: The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value.
INTERNAL CONTROLS: An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that 1) the cost of a control should not exceed the benefits likely to be derived and 2) the valuation of costs and benefits requires estimates and judgments by management. Internal controls should address the following points:
Control of collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer.
Separation of transaction authority from accounting and record keeping - By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 31 City of Indian Wells
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Custodial safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping.
Avoidance of physical delivery securities - Book-entry securities are much easier to transfer and account for since actual delivery of a document never takes place.
Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. Clear delegation of authority to subordinate staff members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities.
Written confirmation of transactions for investments and wire transfers - Due to the potential for error and improprieties arising from telephone and electronic transactions, all transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and if the safekeeping institution has a list of authorized signatures. Development of a wire transfer agreement with the lead bank and third-party custodian - The designated official should ensure that an agreement will be entered into and will address the following points: controls, security provisions, and responsibilities of each party making and receiving wire transfers.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL AGENCY INVESTMENT FUND (LAIF): Chapter 730, Statutes of 1976 of the State of California, established the Local Agency Investment Fund. This fund enables local governmental agencies to remit money not required for immediate needs to the State City Treasurer for the purpose of investment. To derive the maximum rate of return possible, the State City Treasurer has elected to invest these monies with State monies as a part of the Pooled Money Investment Account. Each local governmental unit has the exclusive determination of the length of time its money will be on deposit with the State City Treasurer. At the end of each calendar quarter, all earnings derived from investments are distributed by the State Controller to the participating government agencies in proportion to each agency's respective amounts deposited in the Fund and the length of time such amounts remained therein. Prior to the distribution, the State's costs of administering the program are deducted from the earnings.
MARK-TO-MARKET: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value.
MARKET RISK: The risk that the value of a security will raise or decline because of changes in market conditions.
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MARKET VALUE: The current price at which a security is trading and could be purchased or sold at that point in time.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase-reverse repurchase agreements that establish each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower.
MATURITY: The date upon which the principal or stated value of a financial obligation is due and payable.
MONEY MARKET MUTUAL FUND: Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos, and federal funds).
MUTUAL FUND: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by Securities and Exchange Commission (SEC) disclosure guidelines.
NATIONALLY RECOGNIZED STATISTICAL-RATING ORGANIZATION (NRSRO): Standard and Poor’s, Moody’s, and Fitch Financial Services are examples of such organizations.
OFFER: An indicated price at which market participants are willing to sell a security or commodity. Also, referred to as the "Ask price."
PAR VALUE: The amount of principal that must be paid at maturity. Also, referred to as the face amount of a bond, normally quoted in $1,000 increments per bond.
PORTFOLIO: Combined holding of more than one stock, bond, commodity, real estate investment, cash equivalent, or other asset. The purpose of a portfolio is to reduce risk by diversification.
PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested in a given security.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker/dealers, banks, and a few unregulated firms.
PRINCIPAL: (1) The face amount or par value of a debt instrument. (2) One who acts as a dealer buying and selling for his own account.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.
33 City of Indian Wells
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REINVESTMENT RISK: The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate the buyer for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is increasing bank reserves.
REVERSE REPURCHASE AGREEMENT: An agreement of one party (for example, a financial institution) to purchase securities at a specified price from a second party (such as a public agency) and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specific date.
RISK: Degree of uncertainty of return on an asset.
RULE 2A-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00).
SAFEKEEPING SERVICE: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vault for protection and security.
SECONDARY MARKET: A market is made for the purchase and sale of outstanding issues following the initial distribution.
SECURITIES LENDING: An agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises, (FHLB, FNMA, FHLMC, etc.), and Corporations that have imbedded options, (e.g., call features, step-up coupons, floating rate coupons, derivative-based returns), into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.
SWAP: Trading one asset for another.
TOTAL RETURN: The sum of all investment income plus changes in the capital value of the portfolio.
TREASURY BILLS: Short-term U.S. government non-interest-bearing discounted debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000.
Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. 34 City of Indian Wells
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The yields on these bills are monitored closely in the money markets for signs of interest rate trends.
TREASURY BOND: A long-term coupon-bearing U.S. Treasury security issued as a direct obligation of the U.S. Government and having an initial maturity of more than 10 years and issued in minimum denominations of $1,000.
TREASURY NOTE: A medium-term coupon-bearing U.S. Treasury security issued as a direct obligation of the U.S. Government and having an initial maturity of from one to ten years and issued in denominations ranging from $1,000 to $1 million or more.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission (SEC) Rule 15C3-1 outlining requirements that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also, called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
VOLATILITY: A degree of fluctuation in the price and valuation of securities.
YIELD: The current rate of return on an investment security generally expressed as a percentage of the security’s current price. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
35 City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:039-22 Item #:B.
Indian Wells City Council
Staff Report -City Attorney March 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 3/11/2022Page 1 of 2
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File #:039-22 Item #:B.
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
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:040-22 Item #:C.
Indian Wells City Council
Staff Report - City Clerk March 17, 2022
Council Members Attendance at 2022 Events
RECOMMENDED ACTION:
Council APPROVES the attendance of Council Member/s to events held in 2022 as identified in the staff report.
DISCUSSION:
In 2018, the City Council approved a policy for pre-approval reimbursements of Council Member attendance at events which serve a valid governmental or public purpose.
City Council Policy Manual Section 2.13.020 states the consent calendar staff report will include a description of the event including date and location, the Council Member/s attending, the total cost for each Council Member, and the City’s governmental or public purpose for attending the event.
PRE-APPROVAL OF EVENTS:
Description (Date and Location)Council
Member
Total
Cost
Public Purpose
Animal Samaritans; Fashion Show Luncheon;
Indian Wells Golf Resort, Indian Wells,
Wednesday, March 9, 2022- 11:00 a.m.
Griffith $50 2.10.060 (a)
2.10.060 (f)
2.10.060 (a)-Promote, evaluate, and provide management and/or official oversight of City-controlled, sponsored or supported events, activities, or community programs at City venues, including but not limited to evaluation of the venue, quality of performance and compliance with City policies, agreements, and other requirements.
2.10.060 (f) -Foster open government by City Official appearances, participation and/or availability at business and/or community events.
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File #:040-22 Item #:C.
FISCAL IMPACT:
The Fiscal Year 2022-23 budget sets aside up to $2,500 for each Council Member to attend governmental or public purpose events. The Finance Department tracks the expenditures and provides monthly reports to the Senior Executive Assistant. The events listed above are budgeted and do not create a new financial impact.
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City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:041-22 Item #:D.
Indian Wells City Council
Staff Report - City Manager’s Office March 17, 2022
2022 City Council Strategic Planning Session
RECOMMENDED ACTION:
Council REVIEWS and APPROVES the 2022 City Council City Goals.
BACKGROUND:
Strategic planning determines where an organization is going over the next year and beyond; how the organization is going to get there, and how it will know if it got there or not. This is the City’s “Game Plan.” The focus of a strategic plan is to outline the goals of the City Council for the entire community/organization over a period of time (one, three, or five years are common). Goals-based planning starts with focus on the organization's vision and/or values, then the selection of projects and programs to meet and achieve the goals, an analysis of the resources needed and available, and finally who will do what and by when.
DISCUSSION:
On February 17, 2022, the City Council held a Strategic Planning Session to identify goals for the coming year. Per City Council policy, no formal action may be taken at a study session. Staff is providing the following summary of the City Council direction from the Strategic Planning Session for approval.
Below is a summary of the City Council Goals for 2022.
q General Plan Update
In May 2020, the City Council selected De Novo Planning Group to conduct the Comprehensive General Plan Update. City staff and De Novo will be hosting the 3rd and final community workshop related to land use in April 2022.A postcard on the event will be mailed to residents. This workshop will include discussions on improving pedestrian, bicyclist, and motor vehicle circulation in the community (e.g., Active Transportation Plan and Complete Streets concepts). This community workshop will ensure the residents and stakeholders have their concerns addressed and included in the land use and circulation City of Indian Wells Printed on 3/11/2022Page 1 of 5
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File #:041-22 Item #:D.
stakeholders have their concerns addressed and included in the land use and circulation elements in the General Plan Update. In addition, landscaping palettes for Highway 111 and a Historical Architectural survey will conducted as part of the General Plan update. The Updated General Plan is targeted for City Council review in June 2022. q Encourage and Expand Economic Development Opportunities in the Community
Council’s interest in a newly formed Economic Development Division focused on continued efforts to drive tourism and shape the future of the City through relationship building, research and advocacy of development. These efforts were categorized into three areas:
Monitoring Current and Future Development, the evaluation of an Enhanced Infrastructure Financing District (EIFD), and Business Assistance and Relationship Building.
Monitoring Current and Future Development
Staff will continue to work with the Miles Lodge and Brixton sites for development in the coming year(s). Brixton is proposing to amend the existing Indian Wells Crossing Specific Plan, which allows for mixed use commercial development only on the Brixton site. Brixton may pursue a hotel, short-term rental resort village, and commercial area. The inclusion of the short-term rental resort village provides the city with a development that is less invasive than previously approved designs and should create less of a traffic concern due to this more residential structure.
Enhanced Infrastructure Financing District (EIFD)
In May 2020, the City Council selected Kosmont Companies to examine the feasibility of an enhanced infrastructure financing district (EIFD), which is designed to leverage tax increment financing from the City, and potentially the County of Riverside, to encourage development. Kosmont has provided the City and County with information that an EIFD can be beneficial to both parties. City will work with the County on a proposed project list and County process to move forward. Once completed, staff will bring back for Council discussion and consideration.
Business Assistance and Relationship Building
Continue relationships with the Greater Coachella Valley Chamber, Visit Greater Palm Springs, the Coachella Valley Economic Partnership (CVEP), the Indian Wells Chamber, and others throughout 2022 to evaluate opportunities to provide resources to the business community. Additionally, Staff will continue to be in constant communication with Kosmont Companies to ensure we are actively pursuing attraction opportunities. q Tourism
Staff will continue working with the Visit Greater Palm Springs to promote local resorts and theCity of Indian Wells Printed on 3/11/2022Page 2 of 5 powered by Legistar™41
File #:041-22 Item #:D.
Staff will continue working with the Visit Greater Palm Springs to promote local resorts and the Indian Wells Golf Resort as a tourism destination. The Indian Wells plan for sales and marketing is now full steam ahead, with the goal of building familiarity with Indian Wells among the leisure and group meetings markets. Leisure marketing will include building on the momentum of social media efforts, continuation of digital ads, the distribution of a visitor newsletter, a focus on golf, tennis, and pickleball, and exploration of a potential Collection holiday experience.
Staff is currently working with the Indian Wells partners and vendors on identifying options for lighting, décor, programming, marketing, and associated costs for a December Holiday 2022 event. This event is designed to significantly increase occupancy for our hotel partners during a typically slow time period.
Staff will also inquire into the costs and potential development of a Indian Wells Spa Collection “signature scent” to be marketed at the Indian Wells Golf Resort and local resorts. q Preservation of the Indian Wells Golf Resort (IWGR) as a Premier Destination for Residents and Visitors
In 2021, the City approved the development of a Master Plan for the IWGR by Stone Creek. Due to the COVID pandemic, the completion of the final report has been delayed until March 2022. A separate Strategic Planning Session will be scheduled for March/April 2022 to go over the results and identify goals for 2022.
q Develop Landscaping Uniformity Along Highway 111
The landscaping along Highway 111 is an iconic characteristic of the City and requires high quality maintenance to preserve the City’s standards. Council instructed staff to include design standards into the General Plan Update and to continue efforts with Home Owners Association’s (HOA) along Highway 111 to discuss options for more consistent landscaping in HOA owned areas.
q Evaluate Energy Efficiency Opportunities
The City has begun preliminary construction for the installation of solar panels, high-efficiency air conditioners, and lighting at City Hall and the IWGR. City is also awaiting notification of a $775,000 State’s grant for the program. Work on this project will continue throughout 2022.
Once completed, Finance will provide updates to the City Council on the project savings in dollar and energy reduction. Staff will also monitor funding opportunities from the Inland Regional Energy Network (I-REN).
q Introduce New Community Events/Activities
City will move forward with an Arbor Day Celebration, an Animal Shot Clinic/Public Safety expo, End of Year celebration, Memorial Day, along with Salton Sea Tour and possible City of Indian Wells Printed on 3/11/2022Page 3 of 5
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File #:041-22 Item #:D.
expo, End of Year celebration, Memorial Day, along with Salton Sea Tour and possible Tram tour. The Community Activities Committee will do a semi-annual survey at the end of this fiscal year to help with planning for Fiscal Year 2022-23. The Committee continues to partner with Desert Recreation District for additional. q Non-Profit Foundation
Staff is to research the possible formation of a City nonprofit foundation (e.g., 501c3) that can receive donations and provide funding to nonprofit organizations serving the community.
q Sister City Relationship
The Sister City Ad-Hoc Committee of Mayor Dana Reed and Mayor Pro Tem Donna Griffith will continue to seek relationships and will provide the City Council with an update on the City’s invitation to Turin, Italy to explore a possible Sister/Friendship City and opportunities of cultural exchange.
q City Council Policy Manual Updates
Annual review and updates to the City Council Policy Manual are recommended to evaluate operations, improve administrative efficiency, or to make changes in how the City conducts its business. The Council formed a two-Councilmember Policy Ad-Hoc Committee of Mayor Pro Tem Griffith and Council Member Sanders to conduct a comprehensive review and recommended revisions to the Council. Staff will bring back the recommended changes in April 2022. q Identify Potential Park Sites
In 2021, the Council approved a park development at the corner of Fairway and Eldorado.
Community meetings on the proposed development were completed in March 2022. Council has a discussion on today’s agenda regarding this project.
In addition, staff will continue to assist the City Council in identifying new recreational or park sites in the community (e.g., pickleball courts, etc.). q Provide responsive, innovative and efficient public safety Representatives of the Riverside County Sheriff’s Department will schedule public safety outreach meetings in neighborhoods throughout Indian Wells to educate residents on how to better protect themselves and their property and the many other services offered by the Sheriff’s Department.
Coffee with a Cop will also be reinstated in 2022.
Sheriff’s Department to continue increasing traffic and crime prevention efforts, including speed City of Indian Wells Printed on 3/11/2022Page 4 of 5
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File #:041-22 Item #:D.
Sheriff’s Department to continue increasing traffic and crime prevention efforts, including speed enforcement operations (speed stings), code enforcement, and increased patrol by the SET and burglary suppression task forces.
Council also instructed the Public Safety Committee to assess the current public safety deployment model and determine if any changes are needed to improve the level of public safety in the community.
q Housing Update
The City will continue efforts to complete its Housing Element and implement various State of California mandate programs. The City will also continue its partnership with Abode Communities to develop and operate a 100-unit affordable housing project within the City and assist with the new market-rate housing development on the corner of Cook and Highway 111. q Capital Improvement Projects
Staff will provide an update to the Five-Year Capital Improvement Plan with the completion of the Fiscal Year 2022-2023 Budget, identify opportunities to consolidate and move projects forward, and seek new funding sources for capital projects.
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City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:042-22 Item #:E.
Indian Wells City Council
Staff Report - City Manager’s Office March 17, 2022
Sponsorship Request for the California Contract Cities Association Golf Tournament Luncheon and League of California Cities Riverside County Division Reception
RECOMMENDED ACTIONS:
Council APPROVES the sponsorship of the California Contract Cities Golf Tournament Lunch on May 12, 2022; and
APPROVES the sponsorship of the League of California Cities May meeting reception on May 9 th, 2022.
DISCUSSION:
California Contract Cities Association Golf Tournament Lunch The California Contract Cities Association (CCCA) represents 75 cities to advance the benefits of the contracting model and strengthen local control and governance. CCCA hosts their Annual Municipal Seminar every year in Indian Wells, which includes a Golf Tournament with participants from contract cities throughout Southern California. It is important to highlight the Indian Wells Golf Resort (IWGR) as a premier destination for golf and to highlight the venue to others in the State.
CCCA has asked the City to assist with the cost of hosting the event at the IWGR by sponsoring the reception lunch of the golf tournament. The cost associated with sponsorship is $5,000.
Cal Cities Reception
The League of California Cities (Cal Cities) Riverside County Division hosts monthly meetings throughout the region with a rotating host City. Indian Wells has been asked to host the May 2022 meeting at the Indian Wells Golf Resort. As part of the meetings, a reception follows with representatives from each of the division cities. As a way to highlight the IWGR, the City would sponsor the cost to buy out Shots in the Night for May 7, 2022. The cost to sponsor the space is $5,000 for the evening.
Staff recommends sponsoring both events for a total of $10,000 ($5,000 for the CCCA Lunch, and $5,000 for Shots in the Night).
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File #:042-22 Item #:E.
FISCAL IMPACT:
Approval of the two sponsorship requires a supplemental appropriation in the amount of $10,000 for fiscal year 2021-22. If approved by Council, the supplemental appropriation will be added to the Biannual Operating Budget 2021-23.
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City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:045-22 Item #:F.
Indian Wells City Council
Staff Report - Community Development March 17, 2022 General Plan Housing Element Annual Progress Report for 2021 RECOMMENDED ACTIONS:
Council RECEIVES and FILES the General Plan Housing Element Annual Progress Report and Low Moderate Income Housing Asset Fund Addendum for 2021; and DIRECTS Staff to submit the Annual Progress Report and Low Moderate Income Housing Asset Fund Addendum to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
DISCUSSSION:
Background:
Per California Government Code Section 65400(a)(2)(B), each city planning agency is required to prepare a Housing Element Annual Progress Report (“APR”) regarding the status of the Housing Element of their General Plan. The APR identifies progress made on implementation of policies in the Housing Element, using the forms and definitions adopted by the California Department of Housing and Community Development (“HCD”).
The Housing Element is used to identify projected housing needs of the community and establish policies to support further development of all housing types, including affordable housing within the City. All California municipalities are required to adopt a Housing Element as part of their General Plan, which is subject to detailed statutory requirements and mandatory review and certification by HCD.
Attachment 1 provides the Housing Element APR for calendar year 2021 and addresses the City’s progress in meeting the City’s Regional Housing Needs Assessment (“RHNA”) allocation for the 2013- 2021 planning period (5
th Housing Cycle) identified in the Housing Element of the City’s General Plan.
It also describes the actions taken towards completion of the programs, and status of compliance with the timeframes outlined in the Housing Element.
In accordance with California Health and Safety Code § 34176.1, Attachment 2 provides an annualCity of Indian Wells Printed on 3/11/2022Page 1 of 4 powered by Legistar™47
File #:045-22 Item #:F.
In accordance with California Health and Safety Code § 34176.1, Attachment 2 provides an annual summary of use and expenditures of the City’s Low Moderate Income Housing Asset Fund (“LMIHAF”) and disposition of Housing Authority lands.
Discussion:
RHNA Progress
RHNA allocates each cities’ and counties’ “fair share” of projected housing development needs by income group. Administered by the Southern California Association of Governments (“SCAG”), the City’s RHNA allocates projected housing needed for an 8-year planning period between October 15, 2013 to October 15, 2021 (5
th Housing Cycle). Indian Wells’ RHNA allocation for the 5 th Housing
Cycle is 160 housing units of different income levels.
The following table, identified in the City’s Housing Element, represents the RHNA allocation broken down by unit income levels:
Income Level Unit No.Distribution
Very Low 40 25.0%
Low 27 16.9%
Moderate 31 19.4%
Above Moderate 62 38.8%
Total 160 100.0%
As provided in the APR (Attachment 1), the individual tables provide the City’s data regarding application, permitting and construction activities that support the goals of the 5 th Housing Cycle, and
specifically for the 2021 reporting period as follows:
·Table A provides a summary of data on housing units and developments for which an application was deemed complete between January 1st and December 31st of the reporting year. In table A, an “application” is a formal submittal of a project for approval. This application is either an application for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right), the application for a building permit. The City had no new housing developments applied for during the year but did receive 60 Applications for new residential buildings permits.
·Table A2 provides a summary of all entitlements, building permits, and certificates of occupancy for residential development, by income category, that were issued in the reporting year. The City issued 82 building permits for single family detached (SFD) housing and issued 34 certificates of occupancies for final construction. It also issued 5 building permits and 1 City of Indian Wells Printed on 3/11/2022Page 2 of 4
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File #:045-22 Item #:F.
34 certificates of occupancies for final construction. It also issued 5 building permits and 1 certificate of occupancy for Accessory Dwelling Units (ADU). All SFD units were above moderate-income level. ADUs were listed as affordable units per occupancy requirements in Section 21.80.040 of the City’s Zoning Code.
·Table B provides a summary of the City’s RHNA progress as units constructed during the reporting year. The City reported 34 above moderate income SFD housing units constructed and 1 very low income ADU unit was built in 2021. No other income level units have been constructed during this period.
·Table C provides a summary of properties rezoned to accommodate any RHNA shortfall. No properties were rezoned in 2021 to accommodate housing shortfalls. ·Table D of the APR reports the City’s annual progress in the implementation of various programs and statutory requirements of the 2013-2021 Housing Element. ·Table E provides summary of any commercial developments provided development bonuses as allowed under Government Code Section 65915.7. The City did not process any applications or entitlements for any commercial projects including density bonuses. ·Table F summarizes units rehabilitated, preserved, or acquired, pursuant to Government Code Section 65583.1(c)(2). The City did not report any substantially rehabilitated, preserved, or acquired units during the reporting period.
·Table G provides a summary of locally owned lands included in the Housing Element sites inventory that have been sold, leased, or otherwise disposed of during the reporting year.
The city did not report the sale of any lands listed in the sites inventory of the Housing Element.
·Table H provides an inventory of locally owned or controlled lands declared surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters of the city or any of its departments, agencies, or authorities owns or controls. The City reported the sale of the 0.69-acre property at 45300 Club Drive (APN: 633-240-035), which was declared excess surplus and disposed of during the reporting year through the Surplus Lands Act in compliance with AB 1486.
·Local Early Action Planning (LEAP) Status Review. Pursuant to Health and Safety Code section 50515.04, recipients of LEAP grants from the State Department of Housing and Community Development (HCD) are required to report on the progress and use of those funds. The City was awarded a $65,000.00 LEAP Grant from HCD to help subsidize the production of the City’s Housing Element Update for the 6 th Housing Cycle. Once the Housing
Element Update has been formally adopted by City Council and Certified by HCD, the City will be reimbursed its grant monies for the awarded tasks.
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File #:045-22 Item #:F.
·The summary page of the APR summarizes the City’s overall performance for the 2021 APR reporting year. The City reported 60 Applications, 51 Building Permits, and 35 certificates of occupancy issued for SFD and ADU units during the 2021 reporting year. None of these units were permitted or constructed under SB 35 streamlining provisions.
ATTACHMENTS:
1. 2021 Housing Element Annual Progress Report
2.2021 LMIHAF Addendum
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Jurisdiction Indian Wells ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by
project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 634-500-015 76205 Via Sovana B00-017-034 SFD O 1/13/2021 0 No No 633-850-037 77300 Coyote Creek Path B00-017-043 SFD O 1/14/2021 0 No No 634-560-003 42490 Via Vicchio B00-017-053 SFD O 1/21/2021 0 No No 634-580-003 76247 Via Sovana B00-017-054 SFD O 1/21/2021 0 No No 634-450-006 76124 Via Saturnia B00-017-064 SFD O 1/26/2021 0 No No 623-282-026 76991 Desi Drive B00-017-077 SFD O 2/2/2021 0 No No 623-282-026 76991 Desi Drive B00-017-078 ADU O 2/2/2021 0 No No 634-470-008 76188 Via Arezzo B00-017-103 SFD O 2/17/2021 0 No No 634-450-004 76096 Via Saturnia B00-017-104 SFD O 2/17/2021 0 No No 634-560-006 42400 Via Vicchio B00-017-105 SFD O 2/17/2021 0 No No 634-580-003 76247 Via Sovana B00-017-108 SFD O 2/18/2021 0 No No 623-112-002 75620 Carnelian Lane B00-017-109 SFD O 2/18/2021 0 No No 634-370-008 43123 Via Siena B00-017-114 SFD O 2/18/2021 0 No No 634-580-002 76233 Via Sovana B00-017-136 SFD O 2/24/2021 0 No No 634-580-002 76233 Via Sovana B00-017-137 SFD O 2/24/2021 0 No No 634-500-002 76023 Via Sovana B00-017-145 SFD O 3/2/2021 0 No No 634-580-001 76219 Via Sovana B00-017-146 SFD O 3/2/2021 0 No No 634-530-013 75735 Via Pisa B00-017-147 SFD O 3/2/2021 0 No No 634-530-008 75789 Via Pisa B00-017-202 SFD O 3/25/2021 0 No No 623-080-016 39 W Eldorado Drive 39 C-D B00-017-205 SFD O 3/25/2021 0 No No 634-550-009 75875 Via Stia B00-017-271 SFD O 4/19/2021 0 No No 634-000-008 76107 Via Sovana B00-017-272 SFD O 4/19/2021 0 No No 634-540-024 75692 Via Livorno B00-017-273 SFD O 4/19/2021 0 No No 634-490-007 75699 Via Pisa B00-017-274 SFD O 4/19/2021 0 No No Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus
10 Attachment #1
51 Jurisdiction Indian Wells ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 23 56 89 11 12
Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 1 0 2 0 1 47 51 0 1000 0 34 35 658-080-019 49375 Hidden Valley Trail B00-014-477 SFD O 0 1 3/2/2018 1 1 1/28/2021 1 623-101-091 75330 Quail Cove B00-015-351 SFD O 0 1 12/28/2018 1 1 3/16/2021 1 623-112-005 75700 Carnelian Lane B00-015-378 SFD O 0 1 2/27/2019 1 1 6/29/2021 1 623-222-023 46235 Amethyst Drive B00-015-606 SFD O 0 1 6/4/2019 1 1 2/8/2021 1 623-153-003 47350 W Eldorado Drive B00-015-721 SFD O 0 1 8/7/2019 1 1 3/22/2021 1 634-530-014 75723 Via Pisa B00-016-130 SFD O 0 1 11/22/2019 1 1 1/11/2021 1 633-324-015 77452 Blackfoot Drive B00-016-180 SFD O 0 1 12/16/2019 1 1 2/22/2021 1 633-324-002 44252 Dakota Trail B00-016-182 SFD O 0 1 12/16/2019 1 1 2/22/2021 1 633-324-018 44298 Dakota Trail B00-016-189 SFD O 0 1 12/16/2019 1 1 2/22/2021 1 633-324-001 44264 Dakota Trail B00-016-190 SFD O 0 1 12/16/2019 1 1 2/22/2021 1 633-324-017 44320 Dakota Trail B00-016-181 SFD O 0 1 12/16/2019 1 1 5/12/2021 1 633-324-016 77430 Blackfoot Drive B00-016-186 SFD O 0 1 12/16/2019 1 1 5/12/2021 1 633-324-004 77453 Huntley Drive B00-016-183 SFD O 0 1 12/16/2019 1 1 8/3/2021 1 633-324-007 77495 Huntley Drive B00-016-188 SFD O 0 1 12/16/2019 1 1 8/9/2021 1 633-324-008 44251 Warner Trail B00-016-185 SFD O 0 1 12/16/2019 1 1 8/11/2021 1 633-324-003 77431 Huntley Drive B00-016-187 SFD O 0 1 12/16/2019 1 1 8/18/2021 1 633-324-005 77467 Huntley Drive B00-016-191 SFD O 0 1 12/16/2019 1 1 8/18/2021 1 634-570-011-5 75645 Via Stia B00-016-118 SFD O 0 1 12/19/2019 1 1 1/22/2021 1 634-450-008 76152 Via Saturnia B00-016-201 SFD O 0 1 12/19/2019 1 1 1/27/2021 1 634-530-015 75711 Via Pisa B00-016-195 SFD O 0 1 12/19/2019 1 1 2/25/2021 1 634-460-007 76340 Via Saturnia B00-016-197 SFD O 0 1 12/19/2019 1 1 3/3/2021 1 634-500-001 76009 Via Sovana B00-016-199 SFD O 0 1 12/19/2019 1 1 3/11/2021 1 634-540-017 75612 Via Livorno B00-016-203 SFD O 0 1 12/19/2019 1 1 3/16/2021 1 634-390-025 76326 Via Firenze B00-016-198 SFD O 0 1 12/19/2019 1 1 5/18/2021 1 634-480-028 75528 Via Pisa B00-016-193 SFD O 0 1 12/19/2019 1 1 5/21/2021 1 634-460-012 76420 Via Saturnia B00-016-207 SFD O 0 1 12/19/2019 1 1 6/11/2021 1 634-460-024 76278 Via Saturnia B00-016-194 SFD O 0 1 12/19/2019 1 1 8/24/2021 1 623-302-026 46280 Papago Circle B00-016-212 ADU
R
0 1
1/29/2020
11 5/19/2021
1 634-560-001-5 42550 Via Vicchio B00-016-345 SFD O 0 1 3/4/2020 1 1 1/29/2021 1 634-500-015 76205 Via Sovana B00-016-202 SFD O 0 1 4/15/2020 1 1 9/23/2021 1 633-192-008 45600 Pawnee Circle B00-016-213 SFD O 0 1 5/20/2020 1 1 5/3/2021 1 634-460-009 76372 Via Saturnia B00-016-826 SFD O 0 1 10/1/2020 1 1 9/17/2021 1 634-530-007 75799 Via Pisa B00-016-825 SFD O 0 1 10/1/2020 1 1 9/24/2021 1 634-456-005 42430 Via Vicchio B00-016-837 SFD O 0 1 10/1/2020 1 1 10/7/2021 1 623-390-024 77748 Cottonwood Cove B00-016-843 SFD O 0 1 12/11/2020 1 1 6/21/2021 1 623-112-002 75620 Carnelian Lane B00-016-872 SFD O 0 1 1/6/2021 1 0 634-480-029 75522 Via Pisa B00-016-969 SFD O 0 1 1/7/2021 1 0 634-530-013 75735 Via Pisa B00-016-971 SFD O 0 1 1/7/2021 1 0 633-570-007 45462 Camino Del Rey B00-016-919 SFD O 0 1 1/19/2021 1 0 658-070-003 74173 Desert Oasis Trail B00-016-943 SFD O 0 1 1/22/2021 1 0 634-540-012 75645 Via Livorno B00-016-816 SFD O 0 1 1/26/2021 1 0 634-540-004 75790 Via Livorno B00-016-970 SFD O 0 1 1/26/2021 1 0 634-510-014 42510 Via Prato B00-016-736 SFD O 0 1 2/4/2021 1 0 658-090-001 49753 Hidden Valley Trail B00-016-682 SFD O 0 1 2/9/2021 1 0 634-560-003 42490 Via Vicchio B00-017-053 SFD O 0 1 2/9/2021 1 0 634-580-003 76247 Via Sovana B00-017-054 SFD O 0 1 2/9/2021 1 0 634-450-006 76124 Via Saturnia B00-017-064 SFD O 0 1 2/9/2021 1 0 634-470-008 76188 Via Arezzo B00-017-103 SFD O 0 1 3/4/2021 1 0 634-450-004 76096 Via Saturnia B00-017-104 SFD O 0 1 3/4/2021 1 0 634-560-006 42400 Via Vicchio B00-017-105 SFD O 0 1 3/4/2021 1 0 623-180-021 46000 E Eldorado Drive 3 B00-016-298 SFD O 0 1 4/1/2021 1 0 634-500-002 76023 Via Sovana B00-017-145 SFD O 0 1 4/5/2021 1 0 634-580-001 76219 Via Sovana B00-017-146 SFD O 0 1 4/5/2021 1 0 623-282-026 76991 Desi Drive B00-017-077 SFD O 0 1 4/9/2021 1 0 623-282-026 76991 Desi Drive B00-017-078 ADU
R
0 1
4/9/2021
1 0
634-530-008 75789 Via Pisa B00-017-202 SFD O 0 1 4/30/2021 1 0 623-080-016 39 W Eldorado Drive 39 C-D B00-017-205 SFD O 0 1 5/21/2021 1 0 634-550-009 75875 Via Stia B00-017-271 SFD O 0 1 5/27/2021 1 0 634-000-008 76107 Via Sovana B00-017-272 SFD O 0 1 5/27/2021 1 0 634-330-016 76545 Via Chianti B00-016-423 SFD O 0 1 6/1/2021 1 0 634-580-002 76233 Via Sovana B00-017-136 SFD O 0 1 6/23/2021 1 0 634-580-002 76233 Via Sovana B00-017-137 SFD O 0 1 6/23/2021 1 0 634-540-024 75692 Via Livorno B00-017-273 SFD O 0 1 6/23/2021 1 0 634-490-007 75699 Via Pisa B00-017-274 SFD O 0 1 6/23/2021 1 0 634-550-010 75889 Via Stia B00-017-275 SFD O 0 1 6/23/2021 1 0 634-370-008 43123 Via Siena B00-017-114 SFD O 0 1 6/28/2021 1 0 634-460-010 76388 Via Saturnia B00-017-458 SFD O 0 1 7/15/2021 1 0 623-370-011 75331 Morningstar Drive B00-017-339 SFD O 0 1 7/19/2021 1 0 658-380-011 50498 Desert Arroyo Trail B00-017-412 SFD O 0 1 7/27/2021 1 0 658-380-011 50498 Desert Arroyo Trail B00-017-413 ADU
R
0 1
7/27/2021
1 0
633-850-037 77300 Coyote Creek Path B00-017-043 SFD O 0 1 8/3/2021 1 0 633-462-001 75541 Painted Desert Drive B00-017-319 SFD O 0 1 8/27/2021 1 0 633-462-027 75581 Painted Desert Drive B00-017-332 SFD O 0 1 9/7/2021 1 0 634-560-008 42340 Via Vicchio B00-017-622 SFD O 0 1 9/8/2021 1 0 634-390-024 76314 Via Firenze B00-017-623 SFD O 0 1 9/8/2021 1 0 634-580-017 76481 Via Sovana B00-017-553 ADU
R
0 1
11/23/2021
1 0
623-370-006 75371 Morningstar BRES-2021-0061 SFD O 0 1 12/9/2021 1 0 634-370-027 43112 Via Siena B00-017-632 SFD
O 0 1 12/10/2021 1 0
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
52 Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
13 14 15 16 17 18 19 20 21 22 23 24 25
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
00 00
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
Second Dwelling Unit was
constructed to house person
employed by primary resident at
very low income rate in
accordance with occupancy
requirements per Section
21.80.040, Title 21 of the Indian
Wells Zoning CodeNY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus 53 Jurisdiction Indian Wells ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - 1 Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Above Moderate 62 28 40 43 36 24 46 71 49 34 371 - 160
28 40 43 36 24 46 71 49 35 372 97 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 27 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 31 1
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
- Moderate
40 27
31 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
39 54
Jurisdiction Indian Wells ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
55 Jurisdiction Indian Wells
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Production of New
Housing Units
Help facilitate through zoning, flexible
develoment standards and incentives
the future development of the City's
2014-2021 RHNA allocation of 160
housing units including 67 housing
units for extremely low, very low, and
low income households.
Ongoing through the 5th
housing cycle
The City continues to monitor the sites currently designated by the City to accommodate its projected growth needs and use of the Affordable Housing Overlay
Vacant and Underutilized
Land Survey
Maintain a comprehensive land use
survey identifying vacant and
underutilized parcels suitable for
residential development.
Annually
The Community Development Department maintains an Arc GIS database of all vacant and underutilized areas within the City. However, the City is close to build-out and has no annexable lands.
Evaluate Alternative
Funding and Financing
Mechanisms
Evaluate Alternative Funding and
Financing Mechanisms within 6 Months
of the Housing Element Adoption;
Develop Strategy within 1 Year of the
Housing Element Adoption; Review and
Update Strategy Bi-Annually
Ongoing through the 5th
housing cycle
The City continues to identify and utilize alternative funding mechanisms and participates in CDBG funding programs with the County to further housing and rehabilitation and preservation of existing housing units citywide.
Monitoring Potential
Constraints
Review City regulations, procedures
and fees to identify any potential
constraints to the development and
maintenance of housing. If the City
finds that regulations, precedures,
and/or fees are a contraint to housing,
the City will revise requirements or
policies as necessary
Ongoing through the 5th
housing cycle
The City has updated its regulations in order to remove restrictions to housing in response to the State's recent Housing Bills, i.e. SB9. The City continues to monitor its fees to ensure potential constraints are minimized.
Monitoring Reasonable
Accommodation
Procedures
The City will evaulate adopted
reasonable accomodation procedures
annually and revise as needed to
ensure consistency with fair housing
legislation
Annually The City continues to monitor the adopted reasonable accomodation procedures, and ensures its consistency with fair housing legislation.
Development Guidelines
and Procedures
The City s hall maintain existing
development guidelines associated
with zoning and subdivision
applications. The objective is to
provide potential developers with
information on City development
procedures and incentives for
affordable housing
Ongoing through the 5th
housing cycle
The City maintains existing development guidelines by way of the Affordable Housing Ovelay that offers incentives for affordable housing projects. In addition, the City contines to monitor State housing bills to ensure compliance with streamlined review processes for affordable housing projects.
Fair Housing Policy
Procedures
The City will maintain a listing of fair
housing groups serving the Riverside
County and refer fair housing-related
complaints to these groups
Ongoing through the 5th
housing cycle
The City continues to maintain a list of fair housing groups and additional housing resources, and makes them available at City Hall or on the City website.
Section 8 Housing
Vouchers
While the City is not authorized to
administer a Section 8 program, the
City will continue to provide referral
services on behalf of the County and
disseminate information to City
residents
Ongoing through the 5th
housing cycle
The City continues to provide referral services on behalf of the County and continues to disseminate informaiton to City residents regarding Section 8 housing vouchers.
Coordination of Homeless
Issues
The City will coordinate with the County
of Riverside, adjacent jurisdictions and
applicable service providers to address
homeless issues in the Coachella
Valley
Annually
The City continues to coordinate with the County, adjacent municipalities and service providers to help alleviate homeless issues in the Coachella Valley. The City continues to cooperate with the County in the Annual homelessness count.
Support for Persons with
Developmental
Disabilities
The City shall support the ability of
persons with developmental disabilities
to live and integrate in community
settings.
Ongoing through the 5th
housing cycle
The City continues to coordinate with local service providers and monitoring the City's development regulations for supportive housing in support of efforts to eliminate barriers to housing for persons with developmental disabilities.
Green Building Program
The City will support development of
green building practices in housing
and sustainability.
Ongoing through the 5th
housing cycle
The City continues to evaluate the feasibility of implementing local policies and programs consistent with the Coachella Valley Association of Governments's Green Building Program and the City's Climate Action Plan.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
56 Jurisdiction Indian Wells ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
57 Jurisdiction Indian Wells ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/15/2013 - 10/15/2021 (CCR Title 25 §6202) Extremely Low-
Income+Very Low-Income+Low-Income+TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+Low-Income+TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) 58 Jurisdiction Indian Wells
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
59 Jurisdiction Indian Wells
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres)Notes
633-240-035 45300 Club Drive Commercial 0 Excess 0.69
City no longer owns
this property. City
Council declared
this property excess
surplus by
Resolution at May
6, 2021 City Council
Meeting. City then
complied with SLA
process per AB
1486, and received
HCD's
determination letter
to sell the property
on 8/12/2021. City
sold the property
with affordability
covenant
10/1/2021.
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
60 Jurisdiction Indian Wells
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 1
47 51
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 47 34
2 to 4 0 0 0
5+0 0 0
ADU 0 4 1
MH 0 0 0
Total 0 51 35
60 60
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
61 Jurisdiction Indian Wells
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Existing Conditions Report $16,250.00 $0.00 Other
Funding Source)
Community Engagement $16,250.00 $0.00 Other
Funding Source)
Draft Housing Element Prep $16,250.00 $0.00 Other
(
Funding Source)
Final Housing Element Adopt $16,250.00 $0.00 Other
Funding Source)
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 1
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
65,000.00$
Task Status
In Progress
In Progress
In Progress
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
62 Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 1
47 51
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
34 35Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Low
63 ADDENDUM TO THE ANNUAL ELEMENT PROGRESS REPORT
CITY OF INDIAN WELLS – SUCCESSOR HOUSING AGENCY
Low and Moderate Income Housing Assets Fund
Specified Activity Information in Accordance with HSC 34176.1 Year Ended June 30, 2021
1.The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts. [Health and Safety Code 34176.1(f)(1)]
Recognized Obligation Payment Schedule amounts $
Other amounts $ 58,559
TOTAL $ 58,559
2.A statement of the balance in the Low and Moderate Income Housing Asset Fund, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts. [Health and Safety Code 34176.1(f)(2)]
Recognized Obligation Payment Schedule amounts $ 1,473,000 Other amounts 18,452,746
TOTAL $19,925,746
3.A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). [Health and Safety Code 34176.1(f)(3)]
(A) Monitoring/preserving $ 2,334,116
(B) Homeless prevention/rapid rehousing $ 250,000 (C) Housing development
TOTAL $ 2,584,116
4.As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. [Health and Safety Code 34176.1(f)(4)]
Assets held for disposition $
Loans receivable $ 1,473,000
TOTAL $ 1,473,000
Attachment #2
64 ADDENDUM TO THE ANNUAL ELEMENT PROGRESS REPORT
CITY OF INDIAN WELLS – SUCCESSOR HOUSING AGENCY
Low and Moderate Income Housing Assets Fund
Specified Activity Information in Accordance with HSC 34176.1 Year Ended June 30, 2021
5.A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. [Health and Safety Code 34176.1(f)(5)] No Low and Moderate Income Housing Asset Fund monies were transferred.
6.A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project. [Health and Safety Code 34176.1(f)(6)]
The Low and Moderate Income Housing Asset Fund did not receive or hold property tax revenues pursuant to the Recognized Obligation Payment Schedule during the fiscal year.
7.For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project. [Health and Safety Code 34176.1(f)(7)] APN
Date
Acquired
DOF Transfer
Approval
Original
Cost Status
633-410-039 2002 8/31/12 5,553,197 No Activity
TOTAL $ 5,553,197
8.A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor's progress in meeting those obligations, and of the housing successor's plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency. [Health and Safety Code 34176.1(f)(8)]
TO BE PROVIDED BY HOUSING DEPARTMENT ON ANNUAL ELEMENT PROGRESS REPORT
9.The information required by subparagraph (B) of paragraph (3) of subdivision (a). [Health and Safety Code 34176.1(f)(9)]
TO BE PROVIDED BY HOUSING DEPARTMENT ON ANNUAL ELEMENT PROGRESS REPORT 65 ADDENDUM TO THE ANNUAL ELEMENT PROGRESS REPORT
CITY OF INDIAN WELLS – SUCCESSOR HOUSING AGENCY
Low and Moderate Income Housing Assets Fund
Specified Activity Information in Accordance with HSC 34176.1 Year Ended June 30, 2021
10. The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed- restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. [Health and Safety Code 34176.1(f)(10)]
No units constructed within the last ten years.
11. The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor's plan for eliminating the excess surplus. [Health and Safety Code 34176.1(f)(11)]
CITY OF INDIAN WELLS HOUSING SUCCESSOR
COMPUTATION OF HOUSING SUCCESSOR
EXCESS/SURPLUS (HSC 34176.1)
Opening Fund Balance 16,762,537$ 19,925,744$
Less Unavailable Amounts:
Loans receivable (3,473,000) (1,473,000)
(3,473,000) (1,473,000)
Available Housing Successor Funds 13,289,537 18,452,744 Limitation (greater of $1,000,000 or four years deposits) Aggregate amount deposited for last four years:
2022 - 2023
2022 - 2023
2022 - 2023
2021 - 2022
2020 - 2021 7,747,321
2019 - 2020 4,317,127 4,317,127
2018 - 2019 5,151,805 5,151,805
2017 - 2018 6,957,048 6,957,047
2016 - 2017 1,599,145 N/A
2015 - 2016 N/A N/A
2014 - 2015 N/A N/A
Total 18,025,125$ 24,173,300$
Base Limitation 1,000,000$ 1,000,000$
Greater amount 18,025,125 24,173,300
Computed Excess/Surplus None None
Computed Excess/Surplus (Pos = Surplus, If Neg then "None") (4,735,588)$ (5,720,556)$ Low and Moderate
Housing Funds
All Project Area
July 1, 2020
Low and Moderate
Housing Funds
All Project Area
July 1, 2021
66 City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:048-22 Item #:G.
February 15, 2022, Special Council Closed-Session Minutes RECOMMENDED ACTION:
Council APPROVES the February 15, 2022, Special Council Closed-Session Minutes.
City of Indian Wells Printed on 3/11/2022Page 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 February 15, 2022 Special Council meeting will be streamed via zoom/teleconference: Webinar ID 817 4736 6165 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
Tuesday, February 15, 2022
9:30 AM
Via Videoconference
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February 15, 2022Special Council Meeting Minutes
1.CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Reed convened the Special Meeting of the City Council of the City of Indian Wells at 9:30 a.m. on February 15, 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
A motion was made by Balocco, seconded by Council Member Sanders to Approve the Agenda as Submitted. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0
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). One (1) or More
Cases. Potential Case.
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 City’s Real Property Negotiator Pursuant to Government Code 54956.8. Real Property: APN 634-270-001 and APN 634-270-002. Negotiating Parties: On Behalf of the City of Indian Wells: Christopher Freeland, City Manager. Other Negotiating Parties: Coachella Valley Water District Under Negotiation: Price and Terms of Payment.
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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February 15, 2022Special Council Meeting Minutes
5.ADJOURNMENT
At 10:21 a.m., Mayor Reed ADJOURNED the Special Council meeting to a scheduled Strategic Planning Session of the City Council to be held at 9:00 a.m. on February 17, 2022 in the Indian Wells Golf Resort Celebrity Ballroom.
Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk
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February 15, 2022Special Council Meeting Minutes
City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:050-22 Item #:H.
Indian Wells City Council
Staff Report - Finance March 17, 2022 City Treasurer’s Report for January 2022
RECOMMENDED ACTION:
Council RECEIVES and FILES the City Treasurer’s Report for January 2022.
DISCUSSION:
Attached are the monthly cash balance and investment reports for the month of January 2022.
Investments reflected in this report are “Marked-to-Market”, meaning the market value of City’s investments is updated monthly. This method provides a clear depiction of the value of the City’s portfolio subject to the performance of the investment market. The City of Indian Wells continues to maintain prudent fiscal reserves and minimize un-invested cash.
Cash and Investments
As of January 31, 2022:
·The City’s cash and investments totaled $76,606,028.10. ·The City’s portfolio earned a 0.969% rate of return.
Treasurer’s Certification
Compliance - The City Treasurer certifies the City’s cash and investments presented in this Report are in compliance with the City’s investment policy and with legal requirements of State of California Government Code section 53600.
Liquidity - The City Treasurer certifies the City’s portfolio is sufficient to meet its financial obligations for the next six months. The investment portfolio will remain sufficiently liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature at the same time cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio consists largely of securities with active secondary or resale markets (dynamic liquidity).
Fiscal Prudence
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity City of Indian Wells Printed on 3/11/2022Page 1 of 2
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File #:050-22 Item #:H.
economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.
Background
Staff provides Council with a monthly update to the Treasurer’s Report. The Report presents the City’s cash activity and investment portfolio and provides reconciliation between investment balances and the General Ledger. Specifically, the report provides information on the types of investments, dates of maturities, costs, updated market value of securities, and rates of interest earned in the portfolio.
The City maintains a written investment policy in compliance with legal requirements of Government Code section 53600 and governs the investments made by the City. It is the policy of the City of Indian Wells to invest public funds in a manner that will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the City. The investments purchased by the City are consistent with the City’s investment policy and are allowable under current legislation of the State of California.
The City invests in U.S. treasuries, federal agency securities, medium term corporate notes, municipal bonds, federally insured certificates of deposit, and overnight cash investments. Criteria for selecting investments in order of priority are:
(1) safety, (2) liquidity and (3) yield.
ATTACHMENT:
1. City Treasurer’s Report
City of Indian Wells Printed on 3/11/2022Page 2 of 2
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T[ommon$an$ank r$ndlialion M2Eopyol2m2{1_RPI-Jan &nkne trfinauan 22 pld 3:35PM 3h112022 Bank Reconciliation Repoft - City Held Cash
of
Department
Bank Chtrkino & Srep
1 2
3 6
7 4
8 19
2t
Pacific Western Bank - Accts. Payable **-**3411
Pacific western Bank - Payrcll *x-*x1752
Paciflc Western Bank - Ambulance **-**r*7937
Pacific Western Bank - Public Funds MN{A **-****5064
Union Bank of CA - Swep Investment ***-***01?1
US $nk Money N4arket - Investment
Petty Cash
0.00 0.00
0.00 501,074.85
26,959.08
285,664.99
2,000.00
CertifiBts of D€pci!
437
438
44L
442
443
445
457
450
4634g
465
473
480
82 444
,$3
485
,la6
498
499
501
507
5r2
513
514
515
515
5t7
518
519
520
521
522
525
544
550
557
,188
,$9
523
524
526
s33
53a
549
556
CertifiGte of Deposit-CBIC Banlq USA 74267cW1
Certificte of Deposit-EverBank FL 29976D2N9
Certifiete of Deposit-AmeriGn Express Bank 02587CFG0
CertifiGte of Deposit-Ameri@n Express Centurion 02587DS66 Certificte of Deposit-Synchrony Eank 87164WRD2
CertifiGte of Deposit-City National Bank 17801c8R9
CertifiGte of Deposit-Morgan Stanley B€nk 61747MF63
Certificte of Deposit-Allegiance Bank Tsas 01748DM3
Certificate of Deposit-CitiBank NA 17312QH69
Certificate of Deposit-Goldman Sachs Bank 38148PG43
Certificate of Deposit-Sallie Mae 795450N84
Certificate of Deposit-First National Bank of America 32110YLK9 Certifi cate of Deposit-Disover Bank 2546731,.J18
Certificate of Deposit-Barclays Bank Delaware 06740KMN4 Certificte of Deposit-Comenity Capital Bank 20033AM86
Certifi@te of Deposit-usB Bank USA 90348JFF2
Certifiete of Deposit-Morgan Stanley Bank 61760AR143
Certificte of Deposit-Merrick Bank 59013J4x4
Certifi€te of Deposit-RlA Federal Credit Union 749622A10 CertifiGte of Deposit-Capital One Eank 14042TAY3
Certificate of Deposit-Bankwest 06652CHA2
Certificate of Deposit-Wells Fargo Natl Bank West 949495AQ8 Certificate of Deposit-Bl4w Bank North AreriG 05580AVX9 Certificate of Deposit-Nicolet Nation Bank 654062i22
Certificate of Deposit-Live Oak Banking Company 5380361H Certificate of Deposit-Alma Bank 020080BX4
Certificte of Deposit-State Bank of India 855285TP8
Certifiete of Deposit-First Natl Bank of llccregor TX 32112UDR9 Certificte of Deposit-Centerstate Bank 15201QDE4
Certificte of Deposit-Northwest Bank 66736A8V0
Certifiete of Deposit-Encore Bank 29260M8E4
Certificte of Deposit-First Fre€dom Bank 320278AM9
Certificate of Deposit-Pacific Western Bank 69506YRL5
Certificate of Deposit-Bank of Barcda 06063HMS9
CertifiGte of Deposit-Toyota Financial Sgs Bank 89235!1KY6 Certificate of Deposit-Grenstate Credit Union 39573LBL1 Certificate of Deposit-Pentagon Federal Credit Union 709621AS1 2s0,000.00
2s0,000.00
250,000.00
2s0,000.00
2s0,000.00
2s0,000.00
250,000.00
245,000.00
2s0,000.00
2s0,000.00
2s0,000.00
248,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
247,000.00
249,000.00
249,000.00
250,000.00
2s0,000.00
2s0,000.00
2s0,000.00
248,000.00
249,000.00
248,000.00
249,000.00
249,000.00
249,000.00
249000.00
249,000.00
250,000.00
2s0,000.00
249,000.00
431
506
327
529
530
532
534
535
536
s39
541
542
544
546
551
552
553
554
555
537
531
Medium Term Coroorate Not6
Amazon.com Inc.023135AW6 990,699.38
Wells Fargo 95001D6U9 1,000,000.00
Bank of New York Mellon Corp 06406MN7 f,012,302.97
Montebello CA Pens Oblig AA 612285AE6 1,054,540.48
JP Morgan Chare Bank NA 46632FRU1 2,000,000.00
JP Morgan Cha* 48128G2Q2 1,000,000.00
Bank ofAmerica MTN 06048WM31 1,000,000.00
Bank of America MTN 06048WM72 1,000,000.00
Feder.l Agency E9!6
Fed. Nall Mortgage Ass 3134GA4A9
Fed. Farm Credit Bank 3l33ELKS2
Fed. Nat'l l4ortgage Asw. 3136G.1C43
Fed. Farm Credit Bank 3133E1280
Fed, Farm Credit Bank 313.lcwccs
Fed. Nat'l l4ortSaqe Astr 3135GA223
Fed. Farm Credit Bank 3130At3S1
Fed. Farm Credit Bank 3130A16G4
Fed. Farm Credit Bank 3130A16J8
Fed. Farm Credit Bank 3130ALDN1
Fed. Farm Credit Bank 3130ALHZ0
Fed. Farm Credit Bank 3130AU52
Fed. Farm Credit Bank 3130ALMM3
Fed. Farm Credit Bank 3130A1W67
Fed. Farm Credit Eank 3130AMW57
Fed. Farm Credit Bank 3133EMH21
Fed. Farm Credit Bank 3133EM167
Fed. Farm Credit Bank 3133EMN99
Fed. Farm Credit Bank 3133EMW73
3,000,000.00
3,000,000.00
2,000,000.00
2,000,000.00
1,000,683.63
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000,00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
MunlciDal Bonds
items
Outstandlng Items
Natomas CA Sch6l Diskict 63877NMM6
Total Pmled Cash and Inv6tments
Fair Value Increas (over cost)
Outstanding Warrants/Wire Transfers
Outstanding Payroll Warrants/Wire Transfers
Deposits in Transit
Deposit in Transit
Credit Card in Transit
300,000.00
(4s1,912.s3)
0.00 (3,619.74)
(462,31)
5,914.94
390,735.75
$ 75,546,684.21R@nciled Bank Eelance
GelmlLedosEslare 3 a6-*-eaa-21
nnn
Attachment #1
74 NET CASH & INVESTMENT SUMMARY JANUARY 2022
Janualy
2022
January
202LUNRESTRICTED FUNDS
GENERAL FUND
101- GENERAL
TOTAL GENERAL FUND
RESTRICTED FUNDS
SPECIAL REVENUE FUNDS
202 - TMFFIC SAFETY
203 - PUBLTC SAFETY 1/2 CENT SALES TAX
204 - MEASURE ''A''
209 - F.A.M.D. #1
210 - SCAQMD (VEHTCLE REG.)
211 - AB 3229 COPS FUNDING
214 - GAS TAX 2103 MAINTENANCE
215 . GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MATNT
217 . GAS Tpx2IO7 MAINTENANCE
218 - GAS TAX 2107.5 ENG./ADMTN
219 - GAS TAX RMRA
228 - EMERG. UPGMDE SERVICES
247 - AB 939 RECYCLING FUND
248 - SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO-1
253- INDIAN WELLS VILLAS OPEMTIONS
254- MOUNTAIN VIEW VILLAS OPEMTIONS
256- HOUSING AUTHORITY
271 . ELDOMDO DRIVE LLMD
272 - MONTECTTO/STARDUST LLMD
273 - CASA DORADO LLMD
274 -THE COVE LLMD
27s - SH 111/rWGR (ENTRANCE) LLMD
276 - CLUBIIW LANE LLMD
277 - COLONY LLMD
278 . COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - MOUNTAIN GATE LLMD
281 - MOUNTAIN GATE ESTATES LLMD
282 - VILLAGIO LLMD
283 - VAIDYA LLMD
284 - CLUB, SOUTH OF 111 LLMD
285 - MONTELENA LLMD
286 - SUNDANCE LLMD
287 - PROVINCE LLMD
288 - PROVINCE DBAD
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECT FUNDS
314 - PARK-IN-LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 - CAPITAL IMPROVEMENT
319 - ART IN PUBLIC PLACES
321 - HIGHWAY 111 CIRCULATION IMP FEE
TOTAL CAPITAL PROJECT FUNDS
$ 7,895,095.34 $ 5,544,294.18
7,895,095.34 5,544,294.L8
11,905.54
2I,344.5r
774,026.I9
2,238,573.85
14,070.L7
94,6L8.r7
2L,228.87
13,392.93
10,292.00
13,809.09
1,843.83
293,44t.04
3,838,145.56
523,841.69
1,005,394.31
14,320.L7
1,388,769.81
2,L66,09t.54
14,476,24r.62
72,666.22
L0,465.70
18,025.44
14,879.42
L22,677.94
19,788.54
108,200.97
62,592.53
299,900.92
111,763.60
57,053.89
299,551.53
38,963.1B
29,462.05
96,974.65
27,389.24
L7L,795.84
597 79L.20
28,48L,233.65
0.00 49,783.00
1,699,442.38
L87,382.59
0.70 0.00
3,r70.49
26,582.50
2,592,592.23
r0,970.26
130,134.80
0.00 0.00
0.00 0.00
843.33
LgL,026.26
3,848,190.60
575,408.I7
870,329.83
12,739.65
1,393,978.81
2,t74,216.54
14,405,503.60
7r,44L.42
5,278.07
L7,458.44
t3,577.00
80,867.56
L4,476.0r
95,173.39
62,609.90
295,483.48
106,405.27
54,759.86
285,690.93
38,237.42
22,807.05
82,663.47
25,592.35
169,103.20
617 916.64
28,295,227.53
0.00 II2,320.26
8,590,281.41
162,747.L5
0.70 8,865,349.52
3:36 PM3l11l2o22T:\Common\bank\Treasurer's Report\Cash 1 0J an 22-dnft r,936$08.67 75
CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY JANUARY 2022
PAGE 2
RESTRICTED FUNDS (Cont.)
REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE
327 - BRIDGES CAPITAL RESERVE
328 - MEDIANS & PARKWAYS CAPITAL RESERVE
329 - STORM DRAINS CAPITAL RESERVE
330 - TMFFIC SIGNALS CAPITAL RESERVE
331 - TRAFFIC SIGNALS CAPITAL RESERVE
332 - CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPITAL RESERVE
TOTAL REPLACEMENT FUNDS
SUCCESSOR AGENCY FUNDS
4s3 - RDA (WHTTEWATER)
456 - RDA OBLIGATION RETIREMENT
TOTAL SUCCESSOR AGENCY FUNDS
ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT
TOTAL ENTERPRISE FUNDS
INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND
TOTAL INTERNAL SERVICE FUNDS
RESERVE FUNDS
602 - COMPENSATED ABSENCES
TOTAL RESERVE FUNDS
January
2022
Janualy
202L
r,743,602.80
r,792,873.00
L,427,07L.07
720,640.00
592,199.00
540,817.00
19,664,37r.00
124,081.00
1,436,814.90
r,724,279.00
L,372,168.07
693,215.00
569,314.00
5r9,747.00
19,914,635.00
119,524.00
25,349,695.8726$Os$54.87
2,392,663.40 7,539,228.96
0.007,292,914.00
9$8sF77.4O
0.00 7,539,228.96
0.00 0.00 o.00
413 t26.7r 101,051.67
4L3126.7t
606,841.00
606,841.00
922,546.57
101,051.67
609,118.00
609,118.00
359,861.78
TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS
TOTAL TRUST & AGENCY FUNDS
TOTAL ALL FUNDS
FISCAL AGENTS
253 - INDIAN WELLS VILI-AS
254 - MOUNTAIN VIEW VILI.AS
453 - UNION BANK OF CALIFORNIA TRUSTEE
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECTION 115 TRUST
TOTAL FISCAL AGENTS
TOTAL ALL FUNDS & FISCAL AGENTS
UNRESTRICTED FUNDS
RESTRICTED FUNDS
448,881.28
930,795.28
17.69 I,478,978.43
970 480.51
3,829r153.19
$ 80,375,837.40 $ 78,976,746.47
7,895,095.34
72,480,742.06
5,544,294.L8
2.295,837.40 $ 78,976,746.47
922F46.57
2t
359,861.78
76,663,827.5L
270,046.86
509,940.21
9,209.35
658,200.56
866,522.98
2FL2,918.96
T:\Common\bank\Treasurer's Report\Cash 1 0Ja n 22-draft $ 8,0,37
3:36 PM31111202276
INDIAN.,W LS The City of lndian Wells
Portfolio Management
Portfolio Summary
January 31,2022
EL City of lndian Wells
44-950 Eldorado Drive
lndian Wells C492210
(760)346-2489CAI,IIORNIA.
lnvestments
Bank Certificates of Deposit
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable CD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Miscellaneous Securities - Coupon
lnYestments
Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
The
Par Market
Value
3,O42,135.49
20,014,822.74
1,507,574.51
6,288,083.45
9,787,810.00
34,183,810.00
779,066.00
Book
Value
2,993,000.00
20,014,822.74
1,507 ,574.51
6,232,000.00
10,054,576.75
35,000,683.63
803,370.47
%ot
Portfolio
Days to
Maturity
YTM
360 Equiv.
YTM
365 Equiv.Value
2,993,000.00
20,o14,822.74
1,507 ,574.51
6,232,000.00
1 0,000,000.00
35,000,000.00
800,000.00
Term
3.91 26.13
1.97 8.14
13.13 45.69
1.05 1,826
1 1
1,718
1,704
1,795
1,449
2.552
0.231
0.203
1.768
1.616
0.940
0.653
261
1 1
955
1,136
1,307
1,048
2.587
0.234
0.206
1.792
1.639
0.953
0.662
76,*7,397.25 75,603,302.19 76,606,028.10 100.00% 1,270 845 0.956 0.969 January 3l Month Ending
67,205.42
72,358,416.4',1
1.O9%
cash flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked-to-Market" on a monthly basis.
Reporting. period 01 101 12O22-O'l l3'l 12022 Portfolio CITY AP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Run Date:03/022022 - 13:53 No fiscal year history available 77 The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
January 31,2022
Stated
Book Value Raie Fitch
YTM Days to Maturity
360 Maturitv D.ta
AverageCUSIP lnvestment # lssuer Balance
Bank Certificates of Deposit
Allegiance Bank Texas
American Express Centurion
American Express Bank FSB
CIBC Bank USA
CITIBANK NA
City National Bank
Everbank FL
First National Bank of America
Goldman Sachs Bank
Morgan Stanley Bk NA
Sallie Mae
Synchrony Bank
Subtotal and Average 2,993,000.00
Managed Pool Accounts - LAIF
01 748DBA3
02s87DS66
02587CFG0
74267G!/.r1
17312QH69
17801G8R9
29976D2N9
321 1 0YLK9
38148PG43
61 747MF63
795450N84
87164WRD2
SYS21
SYS23
Negotiable CD's
0200808X4
06063HMS9
06652CH42
06740KMN4
LAIF - City
LAIF - Redevelopment
Alma Bank
Bank of Baroda
Bankwest lnc.
Barclays Bank/Delaware
3,042,135.49
20,o14,822.74
0.00 20,014,822.74
250,206.25
251,775.00
251,775.00
250,845.00
256,547.50
25 t ,630.00
250,850.00
256,774.24
257,312.50
255,147.50
257,467.50
251,805.00
691,875.59
0.00 501,074.85
285,664.99
0.00 0.00
26,959.08
2,000.00
0.00 1,507,574.5r
251,090.00
243,676.38
254,445.63
255,297.50
245,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
250,000.00
2,993,000.00
20,014,822.74
0.00 20,014,822.74
691,875.59
0.00 501,074.85
285,664.99
0.00 0.00
26,959.08
2,000.00
0.00 1,507 ,574.51
250,000.00
249,000.00
249,000.00
250,000.00
o.234
o.233
0.231
0.230
2.552 261
0.231
0.203 1
460
442
441
437
463
445
438
473
464
457
465
443
Purchase
Date
o2to7t2018
05t24t2017
05t24t2017
03t30t2017
0312912018
0513012017
0312912017
07t20t2018
o425n|18
0111112018
04t25t2018
0512612017
071o112020
0813112021
071o112020
07to'v2020
Par Value
245,000_00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
250,000.00
2,993,000.00
20,014,822.74
0.00 20,014,822.74
1,507,574.51
250,000.00
249,000.00
249,000.00
250,000.00
Market Value
2.600
2.400
2.400
2.200
2.850
2.100
2.250
3.150
3.000
2.650
3.050
2.400
2.564
2.367
2.367
2.170
2.81'l
2.O71
2.219
3.107
2.959
2.614
3.008
2.367
371
112
112
57 421
119
56 534
448
344
448
114
02to7n023
05124t2022
0512412022
03t30t2022
o3n9no23
osB1t2022
03t29t2022
07t20t2023
04125n023
0111112023
o4n5/2023
o5n612022
21 23
Subtotal and Average
Money Market Sweep/Checking Account
SYSl
SYS6
SYST
SYSs
SYS2
SYS3
SYS4
SYS19
sYs5
Pacific Western Bank
Pacifi c Westem Bank-Ambulance
Pacifi c Westem-PublicFundsMMA
US Bank Money Market
Pacific Westem - Acct Payable
Pacif ic Westem-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average
1 6
7 I
2 3
4 19
5 15,181,400.17
1,692,278.16
07tMn020
07|un020
691,875.59
0.00 501,074.85
285,664.99
0.00 0.00
26,959.08
2,000.00
0.00 o.247
0.000
0.256
0.000
0.000
0.000
0.247
0.000
0.000
0.250
0.260
0.250
515
525
501
4A2
0313112020
0712212020
07t26t2019
10t24t2014
1.400
0.700
2.000
3.250
1.380
0.690
1.973
3.205
1,151 03/28nO25
1,267 07t22t2025
906 07n612024
265 10t2412022
Portfolio CITY
AP
PM (PRF_Pr\r2) 7.3.0Run Date:03/072022 - 13:53
Report Ver. 7.3.6.178
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
January 31,2022
Purchase
Dale Par Value Market Value
YTM Daysto
360 Maturitv
Page2
Maturity
Dale
Stated
Book Value p.ra FitchCUSIPlnvestment #
Negotiable CD's
0558oAVX9
1404214Y3
15201QDE4
200334M86
254673U18
29260M8E4
320278AM9
321 12UDR9
395731811
5380361D4
59013J4X4
617604RM3
654062J22
667364BVo
69506YR15
709621AS'l
7496224t0
85628sTF8
89235MKY6
90348JFF2
949495AQ8
Medium Term Corporate Notes
0231 354V16
06048\ n431
06048V1 472
06406RAN7
1 667644H3
48128G2Q2
46632FRU1
6122854E6
9500r D6U9
lssuer
BMW BANK NORTH AMERICA
Capital One Bank USA NA
Centerstate Bank NA
Comenity Capital Bank
Discover Bank
ENCORE BANK
First Freedom Bank
First Nafl Bank of Mccregor TX
Greenstate Credit Union
Live Oak Banking Company
Merrick Bank
Morgan Stanley Private Bank
Nicolet National Bank
Northwest Bank
Pacific Westem Bank CA CD
Pentagon Federal Credit Union
RIA Federal Credit Union
State Bank of lndia NY, NY CD
Toyota Financial Sgs Bk
UBS Bank USA
Wells Fargo Natl Bk West
Subtotal and Average
512
499
518
484
480
520
521
517
550
514
486
485
513
519
522
557
498
516
548
483
507
Average
Fl'lin^a
5,232,000.00
03t31t2020
07h8no19
04130no20
10t30t2018
10t03t2018
0413012020
04130t2020
04128t2020
06n6n021
03t31t2020
11t20no1a
111O812018
0313112020
04t3012020
0413012020
09t29t2021
06t24t2019
04n9n020
04t22t2021
1013012018
o112a12020
250,000.00
247,000.00
248,000.00
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
249,000.00
252,230.OO
254,074.O8
247,764.40
261,187 .50
260,207.50
249,522.90
249,246.51
249,565.23
243,197.50
251,O77.50
257,072.50
255,820.00
251,O75.00
248,367.54
247,764.40
241,002.12
256,283.25
250,519.68
243,825.OO
261,367.50
252,403.83
250,000.00
247,000.00
248,000.00
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
249,000.00
6,232,000.00
990,698.38
1,000,000.00
'1,000,000.00
1,012,302.97
997,034.92
1,000,000.00
2,000,000.00
1,054,540.48
1,000,000.00
03t31t2025
06t26t2024
0413012025
10130n023
1010312023
0413012024
0413012024
04128t2025
06t16t2026
03131n025
o1t20t2023
11t08t2022
o3R1t2025
04t30t2025
0413012025
0912912026
1?J2612023
04t29t2025
041222026
10t27n023
o1t1712023
1.550
2.300
1.250
3.450
3.300
1.150
1.100
1.350
0.900
1.400
3.400
3.400
1.400
1.200
1.250
0.900
2.500
1.600
0.900
3.500
1.900
1.529
0.000
1.233
3.403
3.255
1.135
1.086
1.332
0.888
1.382
3.356
3.352
1.382
1.184
1.233
0.888
2.468
1.578
0.888
3.454
1.475
1,154
876
1,184
636
609
819
819
1j82
1,596
1,154
353
280
1,154
1,154
1,'184
1,701
693
1,183
1,541
533
350
489
s49
556
524
488
538
533
526
523
Amazon.com lnc.
Bank of America MTN A
Bank of America MTN A
Bank of New York Mellon Corp
Chevron Corp
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig AA
Wells Fargo & Company
12104t2018
05t2at2021
07BO2O21
o'h4no20
1112012018
02t26t2021
o'112212021
0711712020
04t30t2020
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2.400
1.250
1.200
1.600
3.191
0.800
0.700
2.503
2.150
386
1,577
1,640
1,178
508
1,486
1,451
1,216
453
6,232,000.00 6,288,083.45
1,013,950.00
944,700.OO
943,1 80.00
990,730.00
1,024,060.00
954,150.00
1,905,720.00
1,013,130.00
998,1 90.00
1.764 955
3.303
1.233
1.184
1.190
3.375
0.789
0.690
0.819
2.959
1.616 1,136
0212212023
05t28n026
07R0t2026
04124t2025
0612412023
02n6t2026
0112212026
0610112025
0413012023
Portfolio Clry
AP
PM (PRF_PM2) 7.3.0Run Dale: O3lO7l2O22 - 13.53
Subtotal and Average r0,455,623.2r 10,000,000.00 9,787,810.00 10,054,576.75 79 The City of lndian Wells
Portfolio Management
Portfolio Details - Investments
January 31,2022
Purchase
Daie
Stated YTM Days to Maturity
Book Value Frra Fifch 36O Mafirritv
31 33ELKS2
31 33ELZ80
31 33EMH21
3'l33EML67
31 33EMN99
3133EM\^r/3
31 30AL3Sl
31 30AL6G4
31 30AL6J8
313OALDN1
31 30ALHZ0
31 30ALJ62
313OALMM3
3130A1V1/157
3130AMW57
31 34GA4A9
3134GWCG9
31 36G4C43
3135G4223
Average
Belanaa
35,000,691.85
803,423.02
72,358,416.41
o2rc3no20
07t29t2020
06t17 t2021
0612212021
06R0t2021
07t28t2021
02117t2021
02t25t2021
0212412021
0311612021
03t18t2021
03n4no21
0313012021
04122t2021
0613012021
0212812017
0713012020
08t14t2020
11t17t2020
Par Value
3,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
35,000,000.00
500,000.00
300,000.00
800,000.00
76,547,397.25
Market Value
3,000,240.00
1,935,960.00
1,943,340.00
1,942,340.O0
1,945,640.00
2,917,230.00
967,460.00
967,790.00
1,937,360.00
1,944,500.00
966,820.00
976,280.00
1,956,240.00
984,260.00
1,949,880.00
3,004,500.00
977,610.00
1,942,040.00
1,924,320.00
34,'t83,810.00
487,685.00
291 ,381.00
779,066.00
75,603,302.19
3,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
3,000,000.00
1,000,683.63
2,000,000.00
2,000,000.00
35,000,683.63
503,370.47
300,000.00
803,370.47
76,506,028.10
CUSIP lnvestment #
Federal Agency lssues - Callables
lssuer
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Nat'l Mortgage Assoc
Fed. Nat'l Mortgage Assoc
Subtotal and Average
Total and Average
506
529
552
553
554
555
534
535
536
539
541
542
544
546
551
431
530
527
532
537
531
1.700
0.580
0.900
0.800
0.740
0.870
0.625
0.600
0.625
0.800
0.530
0.875
1.000
1.100
0.650
2.000
0.650
0.650
0.560
0.672
't .100
1.677
0.572
0.888
0.789
0.730
0.858
0.616
0.592
0.616
0.789
o.523
0.863
0.986
1.085
0.967
1.973
o.621
0.641
0.552
0210312025
07l29no25
0611512026
06l22no26
o6t3012025
07t28t2026
02h7n026
02n5t2026
02n4t2026
03t16t2026
06t18t2025
o3n412026
03t30t2026
o412212026
06/30no26
02128n022
04130n025
08t14t2025
11117t2025
1,098
1,274
1,595
1,602
1,245
1,638
1,477
1,485
1,484
1,504
1,233
1,512
1 ,518
1,541
1 ,610
27 1,184
1,290
1,385
Miscellaneous Securities - Coupon
255651 KY6
63877NMM6
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
Subtotal and Average
02t18t2021
'toto1t2020
0.940 1,307
0.395
1.085
0.653 1,048
0.956 845
912 08101n024
1,277 08t01t2025
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 03/022022 - '13:53
80 '":If::l
I .'.:trINDIAN i].WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFOIlNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
of Return
Agenry
Reporting period 01 101 12022-01 131 12022
2O1 4, 201 5, 20', 6, 2020 Series
Portfolio Management
Portfolio Summary
January 31,2022
Par Market
Value
9.69 9.69
o/o ol
Portfolio
9.69 100.00
9.69 100.00%
YTM
360 Equiv.
0.000
,|0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 14A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Book
Value Term
Days to
MaturityValue
9.69 9.69
January 31 Month Ending
1 0.00
9.69 0.00%
Run Dale: 03n7 r2O22 - 13:g No fiscal year history available 81 2O1 4, 2O1 5, 2O1 6, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
January 31,2022
Purchase
Dala Par Value
Stated
BookValue e'h
1.00 0.03
0.00 8.66
0.00 9.69
9.69 Page I
YTM Days to Maturity
Fitch 365 Maturitv llnfa
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Portfolio 14A
CP
PM (PRF_PM2) 7.3.0
CUSIP lnvestmant #
Money Market Sweep/Checking Account
SYS28
SYS26
SYS25
sYs27
sYs24
Subtotal and Average
Total and Average
28 26
25 27
1 lssuer
20144 Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
R.l'n.a
9.69 9.59
07t01t2020
0710112020
07101t2020
07t01t2020
071o112020
1.00 0.03
0.00 8.66
0.00 9.59
9.69 Market Value
1.00 0.03
0.00 8.66
0.00 9.69
9.69 Run Date:03/022022 - 13:34
Report Ver. 7.3.6.182
INDIAN.'.. WELLS 2015 A Bonds
Portfolio Management
Portfolio Summary
January 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALITORhJ iA
lnvestments Value
Money Market Sweep/Checking Account
lnvestments
1.00 1.00
Total Earnings January 3l Month Ending
Par Book
Valua
%ot
Portfolio
Days to
Maturity
YTM
360 Equiv.
0.000
0.000
Market
Value
1.00 1.00
1.00 100.oo
1.00 100.00%
Term
YTM
365 Equiv.
0.000
0.000
Portfolio 15A
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Current Year
Average Daily Balance
Rate of Return
Reporting period 01/01 /2O22-O1 ,31 12022
0.00 r.00
0.00%
Run Date:03n7f2022 - 13:38 No fiscal year history available 83 SYS27
SYS22
Average PurchaseCUSIP lnvestment # lssuer Batance Date
Money Market SweeplChecking Account
27 22
2015 A Reserve
UBC Cost Of lssuance Escrow
08t31t2021
071o112020
Subtotal and Average 1.00
Total and Average 1.00
1.00 0.00
1.00 0_00
1.00 0.00
0.000
0.000
2015 A Bonds
Portfolio Management
Portfolio Details - lnvestments
January 31,2022
Par Value
1.00 1.00
Market Value
1.00 1.00
YTM Days to Maturity
Fitch 365 Maturitv D.t
Stated
BookValue Raie
1.00 1.00
0.000
0.000
1 Portfolio 15A
CP
PM (PRF_PM2) 7.3.0Run Date: 03/07/2022 - 13:38
Report Ver 7.3.6.184
. .. -.!l
INDIAN....,' WELLS
C,ALI FORN IA
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA922'10
(760)346-248s
Par
2016 A Bonds
Portfolio Management
Portfolio Summary
January 31,2022
Market
Value
1.00 1.00
Book
Value
%ol
Portfolio
Days to
Matunty
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 164
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
of Return
Reporting geiod 0'UO'U2O22-O'113112O22
Value
'1.00
1.00 January 3l Month Ending
Term
1.00 100.00
1.00 100.00%'l1
0.00 {.00
0.00%
Rvn Date: O3lO7f2O22 - 13:40 No fiscal year history available 85 2016 A Bonds
Portfolio Management
Portfolio Details - lnvestments
January 31,2022
Page I
Maturity
D,faCUSIPlnvestment #
llloney lUlarket Sweep/Checking Account
SYS28
SYS33
Subtotal and Average
Total and Average
lssuer
UBC Cost Of lssuance Escrou,
Union Bank Reserve Account
Average Purchase
Rahnna Date Par Value
0.00 1.00
1.00 1.00
Market Value
1.00 1.00
Stated
BookValue p.h
1.00 1.00
YTM Daysto
355 Maturitv
0.000
0_000
0.000
Fitch
'l
2 07101t2020
07tun020
0.00 1.00
0.00 1.00
1.00 1.00
1 0.000
Portfolio 16A
CP
PM (PRF_PM2) 7.3.0Run Date: 03/022022 - 13:40
Report Ver. 7.3.6.186
City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-011-22 Item #:A.
Indian Wells City Council
Staff Report - Finance March 17, 2022
Fire Access Maintenance District No. 1 Annual Levy and Collection of Assessments
RECOMMENDED ACTIONS:
Council OPENS the Public Hearing, takes any public testimony,CLOSES the Public Hearing; and ADOPTS Resolution approving the annual levy of the Fire Access Maintenance District No. 1 for Fiscal Year 2022-23; and
ORDERS the Fire Access Maintenance District No. 1 levy on the Fiscal Year 2022-23 Riverside County tax roll.
DISCUSSION:
The Fire Access Maintenance District (“FAMD”) was formed in 1973, when the public streets in the Indian Wells Country Club were converted to private streets. The FAMD is responsible for maintaining and operating access roadways, rights of way, easements for fire protection purposes, security, and entrance landscape services.
The City Council has delegated operational control of the FAMD to the Board of Directors, but the Council retains oversight and final authority, in this case approval of the FAMD’s levy. City Staff partners with the FAMD Board of Directors to ensure compliance with City policies. The Public Works Director acts as the City’s liaison, the Finance Department assists in budget development and accounting management, and the FAMD legal counsel reviews all contracts for legal sufficiency.
FISCAL IMPACT:
The FAMD has two sources of annual revenues: (1) property taxes of approximately $365,000 and (2) a voter-approved special assessment approved by the voters in May 2005, which generates approximately $1,200,000. These revenue sources generate the necessary funds to operate and maintain the District.
The City collects the FAMD levies in a special revenue fund, which limits expenditures to thoseCity of Indian Wells Printed on 3/11/2022Page 1 of 2 powered by Legistar™87
File #:RES-011-22 Item #:A.
The City collects the FAMD levies in a special revenue fund, which limits expenditures to those associated within the purview of the District. This special assessment is not subject to any Consumer Price Index (CPI) increases, any increase to the special assessment amount requires voter approval.
There are no changes in the Fiscal Year 2022-23 FAMD Special Assessment.
The FAMD special assessment is as follows:
Approved
Land Use Annual Tax
Residential Improved 1,030$
Residential Vacant Lot 1 Acre or less 700
Vacant Land greater than 1 acre 550
Golf Club / Golf Course 190,000$
ATTACHMENT:
1. Resolution
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RESOLUTION NO. 2022-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
A SPECIAL TAX FOR THE CITY OF INDIAN WELLS FIRE ACCESS
MAINTENANCE DISTRICT NO. 1
WHEREAS, the City Council of the City of Indian Wells, California (the “City Council”) by Ordinance No. 572 and previous Resolutions has established procedures to replace in its entirety the parcel fee which has been levied annually against parcels of land within the Indian Wells Fire Access Maintenance District No. 1 (the “FAMD”) to finance security, street maintenance and repair, and entrance landscape services within the District; and
WHEREAS, the City Council by Resolution No. 2005-02 and pursuant to the requirements of the laws of the State of California, held a Special Municipal Election on May 5, 2005, at which time the rates stated in Ordinance No. 572 were approved by the qualified electors of the District to finance security, street maintenance and repair, and entrance landscape services within the FAMD; and
WHEREAS, the City Council has retained Willdan Financial (the “Engineer”) for the purpose of assisting the City with the preparation of the annual levy and collection of special taxes by the FAMD; and
WHEREAS, the Engineer has prepared the proposed levy and collection of special taxes upon eligible parcels of land within the FAMD, and the City Council has approved such special taxes; and
WHEREAS, the City Council desires to levy and collect special taxes against parcels of land within the FAMD for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 to finance security, street maintenance and repair, and entrance landscape services within the FAMD; and
WHEREAS, a Public Hearing Notice was published in a newspaper of general circulation once at least fifteen (15) days before the public hearing on annual levies; and a copy of the Public Hearing Notice was posted in three (3) public places within the City.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT AS FOLLOWS:
Attachment #1
89 City of Indian Wells
Resolution No. 2022-09
SECTION 1. The Fire Access Maintenance District No. 1 special taxes be paid by the property owners to the City for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 shall be placed on the tax rolls for the County of Riverside, and shall be as follows:
Residential
Land Use Assessment
Residential Improved * $1,030 per unit per year
Residential Vacant Lot 1 acre or less $700 per unit per year Vacant Land greater than 1 acre $550 per acre per year
* Includes Indian Wells Country Club
Golf Club / Golf Course
The amount of the tax imposed each fiscal year for the Golf Club / Golf Course shall be $190,000.
SECTION 2. The above rates shall be effective July 1, 2022 through June 30, 2023.
SECTION 3. The County Auditor of the County of Riverside shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy set forth herein, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
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 March 2022. ________________________________
DANA REED
MAYOR
90 City of Indian Wells
Resolution No. 2022-09
CERTIFICATION FOR RESOLUTION NO. 2022-09
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 March 2022, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
_________________ ___________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
91 City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-012-22 Item #:B.
Indian Wells City Council
Staff Report - Finance March 17, 2022
Special Fire Tax Standby and Availability Charges Annual Levy RECOMMENDATIONS:
City Council OPENS the Public Hearing, takes any public testimony,CLOSES the Public Hearing; and ADOPTS Resolution approving the annual levy of the Special Fire Tax Standby and Availability Charges for Fiscal Year 2022-23; and
ORDERS the Special Fire Tax levy to be placed on the fiscal year 2022-23 Riverside County tax roll.
DISCUSSION:
Annually, the City Council is required to re-adopt the Special Fire Tax Stand By and Availability charges for each new fiscal year. The levy collections upgrade Fire Safety services within the City.
There are no changes in the Fiscal Year 2022-23 Special Fire Tax Assessment.
In 1980, Indian Wells voters approved a special tax of $120 per home per year. The special tax is used for fire suppression, paramedic services and equipment, and ladder truck services. Special Fire Tax revenues are vital to the City’s emergency services program contributing approximately $600,000 of the $4.7 million annual fire services budget.
The City contracts with the Riverside County Fire Department for fire services. The Fire Station is staffed 24-hours a day, 365 days per year with five full-time personnel including two firefighter paramedics trained on advanced life support. Indian Wells has access to specialized fire services teams and rescue equipment for vehicle accidents, hazardous materials services, confined space rescues, and swift water/flood rescues.
ATTACHMENT:
1. Resolution
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RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE CITY OF INDIAN WELLS FIRE TAX
STANDBY AND AVAILABILITY CHARGES PURSUANT TO CITY
ORDINANCE NO. 170
WHEREAS, the City Council of the City of Indian Wells, California (the “City Council”) has prepared the annual assessment against parcels of land within the City of Indian Wells for the Fire Tax Standby and Availability Charges for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 pursuant to City Ordinance No. 170 to pay for the described standby costs; and
WHEREAS, the City Council has retained Willdan Financial (the “Engineer”) for the purpose of assisting the City with the preparation of the annual assessment and collection of the Fire Tax Standby and Availability Charges; and WHEREAS, the Engineer has prepared the proposed charge and collection upon eligible parcels of land within the City, and the City Council has approved such assessments; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 to pay for the Fire Tax Standby and Availability Charges; and WHEREAS, A Public Hearing Notice was published in a newspaper of general circulation once at least fifteen (15) days before the public hearing on annual levies; and a copy of the Public Hearing Notice was posted in three (3) public places within the City.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL AS FOLLOWS:
SECTION 1. That the Special Fire Tax Standby and Availability charges be paid by the property owners to the City for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 and shall be as follows:
Land Use Assessment
Residential Improved Lot $120.00 per dwelling unit, per year Residential Subdivided Vacant Lot $ 60.00 per equivalent dwelling unit, per year Attachment #1
93 City of Indian Wells
Resolution No. 2022-10
Vacant Acreage:
Up to and including 1 acre $ 36.00 per year
For size over 1 acre up to and
including 50 acres
$ 36.00 for the first acre plus $6.50 per each
additional acre or prorated portion of an acre,
per year
Land Use Assessment
For size over 50 acres up to and
including 100 acres
$ 36.00 for the first acre plus $6.50 per each
additional acre up to & including 50 acres plus
$2.60 per acre or prorated portion of an acre
over 50 acres, per year
For size over 100 acres $ 36.00 for the first acre plus $6.50 per each additional acre up to & including 50 acres plus
$2.60 per acre over 50 acres up to & including
100 acres plus $0.65 per acre or prorated
portion of an acre over 100 acres, per year
SECTION 2. In accordance with City Ordinance No. 170, non-residential land shall be levied upon the class of improvements to property and the use of property basis utilizing estimated fire flow requirements determined in accordance with the formula contained in the Insurance Services Office guidelines in the Fire Prevention and Control Master Planning Guide distributed by the United States Department of Commerce.
SECTION 3. The document referenced in Section 2 is no longer in production and has been replaced by County of Riverside regulations for fire flow requirements.
Those County regulations have been adopted by the City of Indian Wells through Ordinance Nos. 370 and 451. The rates for non-residential land will not exceed the maximum allowable charge.
SECTION 4. The above rates shall be effective July 1, 2022 through June 30, 2023.
94 City of Indian Wells
Resolution No. 2022-10
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 March 2022.
____________________________
DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-10
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 March 2022, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________ ________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
95 City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:043-22 Item #:A.
Indian Wells City Council
Staff Report - City Manager’s Office March 17, 2022 Eisenhower Walk of Honor Residency Recognition Requirements RECOMMENDED ACTIONS:
Council DISCUSSES the three (3) year minimum residency requirement to be recognized on the Eisenhower Walk of Honor and Veterans’ Memorial; and
Provides DIRECTION to Staff on any recommended changes.
DISCUSSION:
The City of Indian Wells recognizes residents who have served their country honorably and with integrity. Indian Wells residents are honored each year during the Veteran’s Day Ceremony and in addition resident’s names are inscribed on the Wall of Honor at the Eisenhower Walk of Honor and Veteran’s Memorial (Walk of Honor). Located behind City Hall, the Walk of honor is a 5,000 square- foot memorial that features an eternal wellspring, a bronze bust of General Dwight D. Eisenhower, and two seven-foot granite walls inscribed with over 780 names of Indian Wells residents who served in the U.S. armed forces. One of the eligibility requirements for recognition on the Wall includes a minimum residency of three (3) years in the City.
At the February 17, 2022 Council meeting, the Council requested the Walk of Honor three (3) year minimum requirement be placed on a future agenda for discussion. Staff requests the Council discuss the item and provide direction on changes to the three (3) year requirement.
ATTACHMENT:
1. Walk of Honor Application
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EISENHOWER WALK OF HONOR
APPLICATION FOR INCLUSION
In recognition of Indian Wells residents who have done and are doing their duty for their country, honorably and with integrity.
The Eisenhower Walk of Honor at the City of Indian Wells is a living testimony to the distinguished military leader and President who made Indian Wells his part-time home. The Veterans Memorial is comprised of seven-foot-high granite “Walls of Honor” inscribed with the names of Indian Wells residents who served in the armed forces. All U.S. veterans living and deceased who were/are residents of Indian Wells (for a minimum of three years) are eligible to have their names engraved.
For additional information, please contact Brook Marshall at the City of Indian Wells at (760) 346-2489.
Note: Application must be submitted to City Hall no later than September 1st for Veteran’s Day inclusion Applicant History (Please Print):
Name: ______________________________________________________________________________________________________________ Indian Wells Address: ______________________________________________________________________________________________________________ Mailing Address: ______________________________________________________________________________________________________________ Email Address: ______________________________________________________________________________________________________________ Phone Number: ______________________________________________________________________________________________________________ Service Number: ______________________________________________________________________________________________________________ Years Served: ______________________________________________________________________________________________________________ Resident of Indian Wells: From (Month/year): _________________________ To (Month/year): _________________________ ATTACHMENTS REQUIRED:
•Proof of Residency (Indian Wells Property Owner I.D. card; copy of rent or lease agreement) (All U.S. veterans living and deceased, including members of the Merchant Marines and the WASP’s who are or were residents of Indian Wells for at least three years are eligible for inclusion.) AND ONE OF THE FOLLOWING:
•Copy of proof of military service (i.e., DD214 discharge papers or military identification card) •Documents indicating Veterans benefits
Please PRINT below as appropriate for inscription on the memorial.
Rank (abbreviation only): _____________________________________________________________________________________________________________ First Name: ______________________________________________________________________________________________________________ Middle Initial: ______________________________________________________________________________________________________________ Last Name: ______________________________________________________________________________________________________________ Branch:
Navy_____ Army_____ USMC_____ USCG_____ USAF_____ Other (Specify) _____________ Please clearly indicate your full official title of your final rank or rate for the purpose of introductions at this year’s Veteran’s Day Ceremony.
(i.e., Staff Sergeant, Lieutenant, Radioman, Technician Fifth Grade, etc.- no abbreviations please) ATTACHMENT #1
97 City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:044-22 Item #:B.
Indian Wells City Council
Staff Report - City Manager’s Office March 17, 2022
Public Safety Crime Prevention Initiatives
RECOMMENDED ACTION:
Council REVIEWS and APPROVES the Public Safety Committee’s recommended Crime Prevention Initiatives.
DISCUSSION:
Over the past few months, the Public Safety Committee (Committee) has met to discuss various programs designed to continue providing Indian Wells residents and guests with “superior public safety services.” As a result, Staff have assessed internal efforts and worked in collaboration with the Sheriff’s Department to develop numerous crime prevention initiatives designed to improve coverage and communication with the community.
Immediately Implemented Actions
1. Outreach
The Sheriff’s Department began meeting with Neighborhood Groups and Homeowner Associations (HOAs) to address specific concerns in their communities and discuss crime prevention measures.
This effort will also include offers to meet with each gated community, hotel partner, and other neighborhood groups to assess the security, lighting, camera systems, etc. of these locations.
Discussions on adding Automatic License Plate Readers to supplement those already in use around the city will also be suggested.
Coffee with a Cop outreach programs will continue and are being increased from quarterly to every other month.
Indian Wells Community Service Officers (CSOs) are currently enrolled in a Crime Prevention Through Environmental Design Program (CPTED) training which will enable them to meet individually with homeowners on best practices in lighting, landscaping, alarm, camera systems, etc. to better secure their homes and reduce the opportunity for crime to occur. This is a free City of Indian Wells Printed on 3/11/2022Page 1 of 3
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File #:044-22 Item #:B.
service provided by Indian Wells CSOs and will be available in April/May 2022.
2. Targeted Coverage & Enforcement
At the February 17, 2022, Council meeting, Lieutenant David Wright provided the Council an update on recent improvements to policing efforts in the community. The Riverside County Sheriff’s Department deployed their Street Racing Team, conducted two speed stings over the last four months, and increased traffic enforcement to address speeding in the community.
The Committee endorses Staff’s recommendation to continue the utilization of budgeted overtime to increase police presence and patrol to address traffic enforcement, burglary suppression, and other specialized efforts (e.g., speed stings, specialized Race Team, commercial enforcement, etc.).
30 - 90 Day Implementation Actions
1. Outreach
Staff are working to increase crime prevention information available to residents on the City’s website, including information to better secure their homes, link to the Sheriff’s Department’s Camera Registration Program, and easy access to other available programs. This effort will include new videos to educate residents on the importance to not only secure their homes and vehicles, but their golf carts and garages, which have been targeted by criminals.
Additionally, Staff are working to develop a Public Safety Social Media Campaign strategy which will allow the city to easily provide highly visible information regarding public safety services to Indian Wells residents.
2. Coverage
The Committee has requested Staff to work with the Sheriff’s Department to provide options (e.g., staffing and other proactive efforts) to improve crime prevention, patrol, and traffic enforcement throughout the community for the upcoming budget year.
This will include discussion on future needs based on new development coming to Indian Wells (e.g., The Province) and opportunities to partner with neighboring communities for additional support.
Staff will report back to the Committee in April 2022.
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File #:044-22 Item #:B.
Long-Term Implementation Actions
1. Community Security - Rebate Program
The Committee has requested staff examine the possibility of a security camera rebate program, similar to the Ring program offered by the city in 2019. Ring has since discontinued their program, but there may be the potential for a city managed program to be developed. The Committee also wishes to include new alarm systems as part of the rebate program.
2. Community Security - Vacant Property Check Program
Staff are requesting Council’s approval to adopt the attached Vacant Property Check Policy. A formal policy has not been in place since the inception of the Program; this Policy documents the current process, implements internal procedures for tracking the requests, and provides updated, accurate information for how the Program works.
Once data is available for the volume of requests received, Staff will present their findings to the Committee for ongoing discussion.
FISCAL IMPACT:
Fiscal impact will vary depending on the initiatives the Committee and City Council elect to pursue.
ATTACHMENT:
1. Property Check Policy
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44-950 Eldorado Drive ~ Indian Wells, California 92210-7497 ~ V (760) 346-2489 F (760) 346-0407 www.IndianWells.com
Vacant Property Check Policy
March 2022
The City of Indian Wells, in cooperation with the Riverside County Sheriff’s Department, offers a Vacant Property Check Program designed to give Indian Wells residents peace of mind while away from home. Through this program, which is offered year-round, Community Service Officers (CSOs) will patrol and check participants’ residences while they are away for an extended period.
CSOs will conduct visual checks from their vehicles to detect obvious problems such as broken windows, evidence of intrusion, and/or vandalism to the front exterior of the property only. Should this visual check reveal something suspicious, the CSO will request response from a patrol officer to further investigate.
Vacant Property Checks are for residential properties only. Business locations, vacant properties, homes for sale and homes with a house sitter or other guest(s) staying in the home are not eligible for the Program.
Property Check Request Forms are available at Indian Wells City Hall located at 44-950 Eldorado Drive, Indian Wells, CA 92210.
In order to participate in the Program, participants must:
•Be an Indian Wells resident with a current Resident Benefit Card; and •Fill out a Property Check Request Form.
Vacant property checks will not be less than two (2) weeks, nor longer than six (6) weeks, and are limited to three (3) requests per calendar year.
When completing the Property Check Request Form, residents must include the following:
•Resident’s contact information while they are away;
•Contact information for any persons permitted on the property during the resident’s absence (e.g., gardener, pool cleaner, neighbor, family members, etc.); •Any vehicles that will be left on the premises while the resident is away.
Completed forms must be submitted by the applicant in person at Indian Wells City Hall. Request Forms will not be completed by City Staff or by the Sheriff’s Department on behalf of the applicant, and requests will not be taken over the phone or via email.
Attachment #1
101
44-950 Eldorado Drive ~ Indian Wells, California 92210-7497 ~ V (760) 346-2489 F (760) 346-0407 www.IndianWells.com
Upon submittal, applicants will be required to provide a current Indian Wells Resident Benefit Card.
Please note that CSOs will begin conducting vacant property checks for approved applicants after a two-week processing period.
Vacant property checks are not guaranteed to take place daily. These checks are conducted as time and staffing allows. Again, there is no expectation of frequency or that an officer will detect anything during the check.
Requests for extensions on existing vacant property checks will not be honored unless the applicant submits a new form in person at Indian Wells City Hall. 102
City of Indian Wells
3/17/2022
44-950 Eldorado Drive,
Indian Wells
File #:049-22 Item #:C.
Indian Wells City Council
Staff Report - City Manager’s Office March 17, 2022 Update on Proposed Park at Eldorado and Fairway
RECOMMENDED ACTIONS:
Council AUTHORIZES staff to work with Desert Recreation District (DRD) in designing a passive park at the corner of Fairway and Eldorado based upon community member feedback at the recent community meetings; and
Council REQUESTS DRD to conduct a park design charette in April 2022, at the Indian Wells Golf Resort, and
Council INSTRUCTS staff to bring back designs for a passive park at a future City Council meeting for public discussion and deliberations.
DISCUSSION:
At the February 3, 2021, City Council Strategic Planning Session, the Council directed staff to identify opportunities for the development of park sites in the community.
At the November 10, 2021, the Council directed staff to purchase two vacant lots at the corner of Fairway and Eldorado for a park project and to partner with the Desert Recreation District (DRD) to assist in the funding, design, development, and ongoing maintenance of a proposed park. The Council also directed staff and DRD to conduct community meetings in early 2022 to seek community input on a park development and to bring back a summary resident comments for the City Council’s consideration.
DRD and the City conducted three community meetings on February 28, March 1, and March 2, 2022. Two meetings were held in-person with an additional meeting held via Zoom for any community members that were unable to attend the in-person meetings. Approximately 110 community members attended the meetings. During the design meetings, participants were asked to select various amenities they supported or opposed for the proposed park site with red or green stickers. During the Zoom meeting, a live poll was conducted to obtain opinions on proposed park site amenities. Each of those reports are included in the attachments.
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File #:049-22 Item #:C.
Each meeting included a welcoming by Mayor Dana Reed and DRD Board President Rudy Acosta.
Comments were also made by Mayor Pro Tem Donna Griffith on the proposed park site. DRD staff and consultant conducted the community meeting to develop the various amenities that may be included in a final design for a park and for Council’s discussion. In addition, City and DRD staff addressed community questions regarding the park project, steps taken to acquire the property, alternative uses for the property, and much more. Most of the discussion during the community meetings were of participants who expressed their concerns with the initial proposal of a dog park and the process used to acquire the property.
Summary of Community Meetings
The three community meetings gave insight on what the community wants in a park project and provided feedback for Council discussion. There was very little community support for a dog park, with more community support of a passive park use. Highlights of the summary attached showed neutral for shade structures, benches, and public art. The summary showed an overwhelming response for no parking, no fencing, no exercise equipment. Residents did ask for more opportunities for engagement to be a part of the design process.
OPTIONS:
The City Council can direct City staff to:
1. Authorize staff and DRD to hold a community meeting for the purpose of designing a passive park; or
2. Provide alternative direction
ATTACHMENTS:
1. Zoom Poll Results
2. In-Person Poll Results
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Zoom Meeting Park Poll Report
Poll Report
Report Generated 3/8/2022 11:42
Topic Webinar ID Actual Start Time Actual Duration (minutes) Indian Wells Park C868 3673 4499 3/2/2022 15:50 95
Poll Details
#Use r Name User Email Submitted Date/Time 1.Shade Structures 2.Shade Trees 3.Picnic Tables 4.Drinking Fountains 5.Parking area for automobiles 6.Parking area for golf carts 1 Christine Smith 3/2/2022 16:21 Not Desired Not Desired Not Desired Most Desired Not Desired Neutral 1 Becca Peterson 3/2/2022 16:17 Neutral
1 Cornelia Gould 3/2/2022 16:19 Most Desired Desired Neutral Most Desired Most Desired Neutral 1 Cecile 3/2/2022 16:17 Not Desired
1 MM MM 3/2/2022 16:17 Not Desired
1 Larry Bonafide 3/2/2022 16:20 Desired Most Desired Not Desired Desired Not Desired Not Desired 1 Darryl Branstetter 3/2/2022 16:17 Not Desired Somewhat Desired 1 Blundell, Debbi 3/2/2022 16:19 Desired Desired Desired Desired Desired Desired 1 chris smith 3/2/2022 16:17 Not Desired Somewhat Desired 1 melissamaymetzler 3/2/2022 16:18 Desired Desired Neutral Desired Not Desired Neutral 1 maria 3/2/2022 16:18 Desired Most Desired Not Desired Desired Not Desired Neutral 1 Karlyn Neel 3/2/2022 16:18 Most Desired Somewhat Desired Most Desired Most Desired Somewhat Desired Somewhat Desired 1 88280417062 3/2/2022 16:17 Neutral
1 mmiller 3/2/2022 16:18 Not Desired Most Desired Not Desired Not Desired Not Desired Not Desired 1 pindiak 3/2/2022 16:17 Desired Desired
1 Steve and Carol 3/2/2022 16:17 Desired
Poll Report
Report Generated 3/8/2022 11:42
Topic Webinar ID Actual Start Time Actual Duration (minutes) Indian Wells Park C868 3673 4499 3/2/2022 15:50 95
Poll Details
#User Name User Email Submitted Date/Time 7.Informative interpretive signs - Hi8.Pedestrian Crossin9.Walking Paths10.Fencing 11.Lighting 12.Pet-Friendly Spaces/Dog Park 1 Christine Smith 3/2/2022 16:21 Most Desired Neutral Not Desired Not Desired Neutral Not Desired 1 Becca Peterson 3/2/2022 16:17
1 Cornelia Gould 3/2/2022 16:19 Not Desired Neutral Neutral Desired Desired Most Desired 1 Cecile 3/2/2022 16:17
1 MM MM 3/2/2022 16:17
1 Larry Bonafide 3/2/2022 16:20 Desired Desired Desired Neutral Desired Not Desired 1 Darryl Branstetter 3/2/2022 16:17
1 Blundell, Debbi 3/2/2022 16:19 Not Desired Most Desired Neutral Neutral Desired Desired 1 chris smith 3/2/2022 16:17
1 melissamaymetzler 3/2/2022 16:18 Most Desired Desired Neutral Neutral Desired Neutral 1 maria 3/2/2022 16:18 Desired Desired Most Desired Not Desired Somewhat Desired Not Desired 1 Karlyn Neel 3/2/2022 16:18 Somewhat Desired Most Desired Somewhat Desi Not Desired Desired Somewhat Desired 1 88280417062 3/2/2022 16:17
1 mmiller 3/2/2022 16:18 Not Desired Not Desired Not Desired Not Desired Not Desired Not Desired 1 pindiak 3/2/2022 16:17
1 Steve and Carol 3/2/2022 16:17
Poll Report
Report Generated 3/8/2022 11:42
Topic Webinar ID Actual Start Time Actual Duration (minutes) Indian Wells Park C868 3673 4499 3/2/2022 15:50 95
Poll Details
#User Name User Email Submitted Date/Time 13.Lawn Area 14.Desert Landscape15.Area for Play 16.Benches 17.Community Garden 18.Public Art 1 Christine Smith 3/2/2022 16:21 Not Desired Most Desired Neutral Not Desired Most Desired Desired 1 Becca Peterson 3/2/2022 16:17
1 Cornelia Gould 3/2/2022 16:19 Desired Neutral Neutral Most Desired Not Desired Neutral 1 Cecile 3/2/2022 16:17
1 MM MM 3/2/2022 16:17
1 Larry Bonafide 3/2/2022 16:20 Desired Desired Neutral Desired Not Desired Somewhat Desired 1 Darryl Branstetter 3/2/2022 16:17
1 Blundell, Debbi 3/2/2022 16:19 Desired Neutral Desired Desired Somewhat Desired Not Desired 1 chris smith 3/2/2022 16:17
1 melissamaymetzler 3/2/2022 16:18 Not Desired Most Desired Neutral Desired Somewhat Desired Desired 1 maria 3/2/2022 16:18 Somewhat Desired Somewhat Desired Not Desired Neutral Not Desired Desired 1 Karlyn Neel 3/2/2022 16:18 Most Desired Most Desired Not Desired Somewhat Desired Neutral Neutral 1 88280417062 3/2/2022 16:17
1 mmiller 3/2/2022 16:18 Most Desired Neutral Not Desired Not Desired Not Desired Not Desired 1 pindiak 3/2/2022 16:17
1 Steve and Carol 3/2/2022 16:17
Attachment #1
105
Poll Report
Report Generated 3/8/2022 11:42
Topic Webinar ID Actual Start Time Actual Duration (minutes) Indian Wells Park C 868 3673 4499 3/2/2022 15:50 95
Poll Details
#User Name User Email Submitted Date/Time 19.Bike repair station 20.Bike Racks 21.Exercise Equipment 1 Christine Smith 3/2/2022 16:21 Not Desired Neutral Not Desired 1 Becca Peterson 3/2/2022 16:17
1 Cornelia Gould 3/2/2022 16:19 Not Desired Neutral Not Desired 1 Cecile 3/2/2022 16:17
1 MM MM 3/2/2022 16:17
1 Larry Bonafide 3/2/2022 16:20 Not Desired Not Desired Not Desired 1 Darryl Branstetter 3/2/2022 16:17
1 Blundell, Debbi 3/2/2022 16:19 Not Desired Not Desired Desired 1 chris smith 3/2/2022 16:17
1 melissamaymetzler 3/2/2022 16:18 Neutral Somewhat Desired Not Desired 1 maria 3/2/2022 16:18 Not Desired Not Desired Not Desired 1 Karlyn Neel 3/2/2022 16:18 Not Desired Most Desired Not Desired 1 88280417062 3/2/2022 16:17
1 mmiller 3/2/2022 16:18 Not Desired Not Desired Not Desired 1 pindiak 3/2/2022 16:17
1 Steve and Carol 3/2/2022 16:17
106
INDIAN WELLS PARK
Community Input Summary
5 -
M
o
s
t
D
e
s
i
r
e
d
4 -
D
e
s
i
r
e
d
3 -
S
o
m
e
w
h
a
t
D
e
s
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r
e
d
2 -
N
e
u
t
r
a
l
1 -
N
o
t
D
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r
e
d
Shade Structures 35 6 45
Shade Trees 17 4 3 1
Picnic Tables 1 1 2 4
Drinking Fountains 20 4 1
Parking area for automobiles 2 1 1 3 29
Parking area for golf carts 1 1 4
Interpretive signs - History - Educational 5 1 3
Pedestrian crossing 4 3 1 1
Walking Paths 13 1 1 3
Fencing 14 1 3 31
Lighting 19 5 1 1 15
Pet friendly spaces/Dog park 16 1 1 1 19
Lawn Area 9 3 1 13
Desert Landscape 7 1 4 3
Area for Playing Cards/Chess 1 4 3
Benches 29 3 1 2 35
Community Garden 3 1 2 4
Public Art 18 15
Bike repair station 11 1 18
Bike racks 5 1 2 7
Exercise stations 5 1 50
0 10 20 30 40 50 60 70 80 90 100
Shade Structures
Shade Trees
Picnic Tables
Drinking Fountains
Parking area for automobiles
Parking area for golf carts
Interpretive signs - History - Educational
Pedestrian crossing
Walking Paths
Fencing
Lighting
Pet friendly spaces/Dog park
Lawn Area
Desert Landscape
Area for Playing Cards/Chess
Benches
Community Garden
Public Art
Bike repair station
Bike racks
Exercise stations
NEEDS ASSESSMENT
5 - Most Desired 4 - Desired 3 - Somewhat Desired 2 - Neutral 1 - Not Desired Attachment #2
107