ATTACHMENT #3
317
392,554 36,250
387,615 18,139
316,465 9,540
268,500 12,113
304,832 2,701
235,462 95,196
268,708 21,621
206,855 35.25
237,032 68,602
122,196 25,735
179,153 41.95
167,029 1,861
146,067 514.83
85,642 5,286
97,438 1,330.66
190,711 1,987
520230 522380
520300 522410
520320 522860
520800 522890
520805 523220
520830 523680
520840 523700
520845 523780
521380 523800
521440 526700
521500 526940
521502 527840
521540 529500
521660 529510
521680 529550
522310 537240
522340 542060
522360
Station Budgeted Maint-Bulding and Improvement Capital Improvements Remodeling Maint-Extermination
FY 22/23 DIRECT BILL ACCOUNT CODES
Maint-Accident Repairs Training - Education / Tuition
Maint-Office Equipment Utitlity - Electricity
Maint-Telephone Utitlity - Heating Fuel
Maint-Fuel Tanks Utitlity - Water
Maint-Building and Improvement Interfnd Exp-Utilities
Office Supplies
Trash Printed Forms
Maint-Copier Machines Printing / Binding
Maint-Kitchen Equipment Rent-Lease Building
Maint-Motor Vehicles Locks/Keys
Maint-Health & Safety
Household Furnishings
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary - Projected increase to Safety & Non-Safety Staff and Support Services from FY22/23 Cost Allocation Estimate.
COUNTY DEPUTY FIRE MARSHAL
HAZMAT CALLS
HAZMAT VEHICLE REPLACEMENT
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 Cellular Phone Maint-Critical Systems
Telephone Service Medical-Dental Supplies
Household Expense Pharmaceuticals
Appliances Licenses And Permits
Laundry Services Office Equip Non Fixed Assets
Pager Service
*Cost Assumptions:
FACILITY FTE
SECRETARY I
HAZMAT STATION
FLEET SUPPORT
FIRE SAFETY SUPERVISOR
COMM/IT STATION
FIRE SAFETY SPECIALIST
COMM/IT CALLS
FF II/MEDIC
FIRE PREVENTION TECHNICIAN
FIRE SYSTEMS INSPECTOR
FACILITY STATION
OFFICE ASSISTANT III
SUPPORT SERVICES (Fire Cost Allocation Plan) cont.
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ FY 22/23 POSITION SALARIES TOP STEP (per assumptions below)
FIRE ENGINE
SRVDEL
support functions
DEPUTY CHIEF
DIV CHIEF
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Hazmat Program - Support staff, operating costs, and vehicle replacement Facility Support - Facility maintenance staff with associated operating costs.
Communications / IT Support - Support staff, communications, radio maintenance, computer Emergency Command Center Support - Dispatch services costs Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.
Defibrillator replacement cycle.
BATT DEL
ECC STATION
ECC CALLS
VOL DEL
MEDIC FTE
MEDIC MONITORS/DEFIBS REPLACEMENT
BAT CHIEF
CAPT
CAPT MEDIC
ENG
ENG/MEDIC
FF II
FY22/23 EXHIBIT "A"
CITY OF INDIAN WELLS
RMRA
RMRA
FEMA Grant
Energy Grants
and the state of
California Energy
Cnmmi<qinn
lnsurance
Proceeds
Lool(ng tor Grant
Funding for this
Dr^ia.t
FEMA
FEMA
Housing
200,000
204,270
soo.ooo
[email protected]
3,787,250
90,000
3,877,80
1.s00.000
1.539.OOO
2,300,000
300,000
500,000
55,000
300,000
600,000
81.250
2s0,000
170,000
2.2s6.zso
150,000
100,000
250,(X)0
6,232,952
1,000,000
7,232,952
))om
40,000
260.000
s0,000
345,730
150,000
s0,000
595.730
220.OOA
4t),00c
260_(m
550,000
5s0,000
500,000
55,000
300,000
7s0,000
81.2s0
300,000
soo,ooo
170,000
3.7s6.2s0
150,000
100,000
250.000
ro,o20,202
90,000
1,000,000
tL,llo,2o2
1.500.oo0
1.s39.000
2,300,000
40 000
lu).(m
s00,000
499,500
500,000
s5,000
300,000
600,000
81.2s0
250,000
soo.ooo
170,000
3.455.750
150,000
100,000
250.(xn
7,090,000
90,000
1,000,000
&180,m0
1.4s0.000
1.389.000
2,2&,OOO
220.(mo
22o.ffi)
50,000
50,500
150,000
50,000
300.500
2,930,202
2,930,202
50-000
1s0.000
40,000
License Plate Readers
Police Motorcycl€
ReDlacemenl
Total Public Safetr
Annual Asphalt Program
Hwy 111 Pavement
Rehabilitation, Phases 1
and )
Club Drive Asphalt
Propram
Sidewalk Repair &
Replacement (Casa
Dnrednl
Casa Dorado Right Turn
Lane at Rancho Palmeras
Warner Trail Road
lmDrovements
Roadwav Strioine
lndian Wells Lane
Sidpwalk lmnrdvemFntc
Miles Avenue Bridse
Washington SB RT pockets
Total streets & Roads
lW Lane Palm Tree
Removal & Replacement
lrrigation Master Control
Total Landscaoins
Renewable Energy
Generation Program
City Monument Sign
Pavilion Energy Efficiency
lmprovements
Total Facilities &
Fduinment
East DroD Structur€
West DroD Structur€
Modify WWR Channel
Bank (HA Pronprtvl
316
316
3L6/219
316
316
316
316
316
316
316
316
316
316
316
316
376
316
3L6
2s6
Streets & Roads
Landscaoine
Facilities & EouiDment
Storm Drain Svstem
Capital Cost Paid by Capital Cost Paid by
Capital Cost Paid by use of Bond Outside Agency, or
General Fund Proceeds (Paid by Other Grant
Other City Funds) Reimbursement
Total ProjectProject DescriptionProject Number Fund Reimbursing Agency
FY2022/23
Revised Budget
FY2O2t/22Yeat
End Estimate
ATTACHMENT #4
319
FAMD
5,339,000
1.510.034
1.510.Olt4
11.630.5s49.739.202855.730
t4?.o7s
9.964
4,85s
1-436
9-115
2.991
?9.s24
13,305
3.576
41.158
r.625.ML
2t.742
I,4I2
11.492
2.325
17.66?
19.t92
143.659
2t.s?2
3.1?g
85.934
ls0.000
3s.000
3s.000
25.OOO
24.000
12 000
12.OOO
12.000
10.000
10.ooo
10.ooo
7.500
7.5(X)
200.000
150.m0
12s.fi)O
100.c[x)
50.000
8.O00
65.fiX)
60.000
50.000
40.ooo
10.ooo
s,339,(x)O
1.510.034
1,510.034
22.225.446
t43.O75
9.964
4.855
1.436
9.115
2.99r
34.524
13.30s
3.575
41.158
t.625.&1
2t.742
t.4t2
1r.492
2,?25
77.663
L9.r92
143.659
2t.s?2
3.139
85-934
1s0.000
3s.000
3s.000
25.OOO
24.000
12.000
12.OOO
12.000
10.0@
10 orx)
10.000
7.500
7.500
200.000
150.000
125.000
10r).000
50.000
8.(X)o
6s.ooo
60.ooo
60.000
4{}_ooo
10-ooo
5,099,(X)0
539.052
s39,062
17.563.812
1s0,000
35.000
3s.000
2s.000
24,000
12,000
12,000
t2,w
10,000
10,000
10,000
7,500
7.500
200.000
1s0.000
125.Ofr)
100.00t)
s0.000
8.OOO
6s.ooo
60.ooo
60.ooo
40.ooo
10.ooo
2N,W
970.972
970-972
4,661,674
143,O75
9.94r
4,855
1.436
9.115
2.99L
38.524
13.305
3,576
41,158
t.625.U!
21.742
1.4r2
11.492
2.32s
t7.663
t9.792
143.559
2r.s32
3.139
8s.934
Space Heaters
Parkins Eouioment
Academv & Fittins Center
Carpet - Admin Offices
Total Storm Drain System
FAMD Capital
Total FAMD
Total citv
Computer Equipment
Misc Golf Shop Fixtures
cart fleet
Food Truck Wrao
Banouet Chairs
Chair Cushions
Ranse for Eolf school
Cart oath Reoair/Reolace
Dishwasher - lackson
Proshop Fixtures/Carpet
Vue Patio Mistins Svstem
Machine Pumos & Motors
Washine Machine & Drver
Banquet Satellite Bars
Vue Bar Stools
Market Umbrellas
Window Coverines
Vue Patio Chairs
W's for Shots & Vue
Office Chairs
Oreanic Trash Enclosure
r Camera Svstem Uosrade
nent Soecial Event Vehicle
Tire Chaneins Machine
HarDer Hawk SweeDer
Greens Sorav Machine
Lons bed carts
Planet Air
Banouet lce Machines
Course MaintenanceNew
Wear & Tear
2rl9
Front Entrance Palm Tree Renovation
Radios for Golf Communication
Cateporv
Pavilion Slidinp Glass Door
Wear &Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Wear & Tear
Ooerations
Ooerations
Ooerations
Ooerations
ODerations
ODerations
Ooerations
Ooerations
Ooerations
Onerations
ODerations
Prioritv 1
Prioriw 1
FAMD
lndian Wells Golf Resort
Clubhouse Tunnel Water Feature - New Motor & Seal Kit
Walk ln Modular Etc.
Misc F&B Equipment, Travs, Bowls, Warmers, Racks
#tCoulce
1st TeesandShots in the
Prioritv Order
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv I
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Prioritv 1
Pridritv 2
Prioritv 2
Prioritv 2
Prioritv 2
Prioritv 2
Capital Cost Paid by Capital Cost Paid by
Capital Cost Paid by use of Bond Outside Agency, or
General Fund Proceeds (Paid by Other Grant
Other City Funds) Reimbursement
Total ProjectProject DescriptionProject Number Fund Reimbursing Agency
FY2O22l23
Revised Budget
FYZO2Ll22Year
End Estimate
320
11.630.ss4q.r4q )o)
8.000
50.ff)o
3,497,729
4_35!t_45q
8.@0
50.m0
3,497,78
2r-r23:2ti
8.fiX)
50.ffx)
1,276,(m
18.839.812
2,227,78
6.883.403
Larse Partv Tables
Outdoor Pro Shoo Steos
Ciwwide Total
Total lndian Wells Goll
Resorl
Ooerations
Enhancements
Prioriw 2
Prioriw 2
Capital Cost Paid by Capital Cost Paid by
Capital Cost Paid by use of Bond Outside Agency, or
General Fund Proceeds (Paid by Other Grant
Other City Funds) Reimbursement
Total ProjectProject DescriptionProject Number Fund Reimbursing Agency
FY2022/23
Revised Budget
FY2O2L/22Year
End Estimate
321
n
n
OJ'rf
O)
322
CAPITAL I M PROVEM ENT PROJ ECTS
F
citv or rndian wel::r"_FY 2022 to 2026
#
City Council Goal
Project ll26s Annual Asphalt Program
Start Date
End Date
Jurisdiction
Priority
Location Citywide Department PublicWorks
Plan Reference Pavement Management System Contact Management Analyst Category Street Paving Type Maintenance
Account # 316 UsefulLife 5-10 years
Q1
Q3_
City of lndian Wells
2.0 Status
E New Project
E Construction
Political/Community Priority 2.0
Public Health/Safety 2.0
Funding 2 0E Continuing Project
E Design E Report/Plan E Environmental/ROw
Total Pro Cost: $ 500,000
Expenditures FY 2O2r/22 FY 2022/23 FY 2023/24 FY 2024125 FY 2025126 Total Description
ollowing the guidance of the Pavement Management Study which prioritizes street maintenance, the nual Asphalt Program funds paving projects with the intent of maintaining a high quality road network mplementing a regular and proper maintenance program assists in extending the life of the Cig's roadways. Asphalt maintenance includes crack sealing, slurry sealing, overlay, resurfacing, and full reconstruction depending on several factors including, distress type, distress severity, and distress uantity. This year's project is repaving Club Drive, reconfiguring Club Drive to accomodate a sidewalk, and paving/slurry sealing several local streets identified in the Pavement Management Study Planning/Design
Construction
Ad m i n istration/l nspection
Contingency
$ 50,000 $ 50,000
$ 448,500
$ 1,500
$o
$ 448,500
$ 1,500
rorAL $50,000 $450,000 $0 $0 $0 $ 500,000
Funding Sources FY 2027/22 FY 2022123 FY 2023124 FY 2024/25 FY 212sl26 Total Rubberized Asphalt Grant
General Fund
$ 200,000
$ 300,000 $ 0 $0 $0
$ 200,000
$ 300,000
$0
$0rorAl $0 $500,000 $0 $0 $0 $ 500,000
Notes
lasts up to five years by reintroducing oils into the existing pavement, allowing it to retain its flexibility and enhancing the aesthetics of the sunounding area. pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping, extending the life of the roadway up to fifteen years. years and can extend to over twenty years with regular slurry treatment 323
f CAPITAL I M PROVEM ENT PROJ ECTS
City of lndian Wells FY 2o221o2026 City Council Goal
Project Name Highway 111 lmprovements
Q1
Project #
Location Citywide Department PublicWorks
Plan Reference Pavement Management System Contact Management Analyst Category Street Paving Type Maintenance
Account# 316 UsefulLife 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q3
City of lndian Wells
2.7 Status
E trtew Project
E Construction
Political/Com mu n ity Priority 3.0
Public Health/Safety 2.0
Funding 3'0E Continuing Project
! Design E Report/Plan n Environmental/ROW
Total P ect Cost: $ 550,000
Expenditures FY 2O2L/22 FY 2022/23 Fy 2023124 Fy 2024/25 Fy 2O2s/26 Total Descri
Highway 111, the major arterial through the heart of lndian Wells, is in need of maintenance to extend e life of the road. Staff is proposing a two phase project: Phase 1 - West City limits to Eldorado Drive; and Phase - 2 Eldorado Drive to East City Limits. Phase - 1 is proposed for constructioninFY 2022 and Phase - 2 will occure in subsequent fiscal years.
ln 2019 the City applied for and received a grant from CalRecycle to utilize rubberized asphalt on Hwy 111. This will supplement the overall project cost.
Planning/Design
Construction
Ad m inistration/l nspection
Contingency
$ 50,000
$ 5oo
$ 498,500
$ 1,000
$ 50,000
$ 498,500
$ 1,500
$0
Funding Sources
rorAl $50,500 $499,500 $0 $o $o $ 550,000
FY 2021./22 FY 2022/23 FY 2023/24 FY 2024/2s FY 2025/26 Total Rubberized Asphalt Grant
General Fund
$ 204,270
$ 345,730
$ 204,270
$ 345,730
$0
$0rorAl $0 $550,000 $0 $0 $0 $ 550,000
ect Notes
324
Capital I mprovement Program
Fiscal Year 2022-2027
0 0,15 0.3 0.6 Miles
Highway 111 Rehabilitation .&-16/
{.aV
TNDIAN +,WELLS
E Phase 1
$550,000s
CALIFORNIA325
Capital I mprovement Prog ram
Fiscal Year 2022-2027
0 0.0125 0.025
N
0.05 Miles
w+E
Annual Asphalt Program
Club Drive
$500,000
i "'--/l
INDIAN I WELLS
CALIFORNIA
S
Project Area
.1,'.
r?.c"
326
CAPITAL I M PROVEM ENT PROJ ECTS
ft City of lndian Wells Fy 2o2L/22thru Fy 2ozs/26
\l
'
,roiect # Project Name
Location Citywide Department PublicWorks
Plan Reference Accessibility Plan Contact PW lnspector
City Council Goal
Sidewalk Replacement and Repair
Category lmprovements Type
Account # 316 Useful Life
Maintenance
Start Date
End Date
Jurisdiction
Priority
Q3 ozrzorg
Q2 oorzozo
City of lndian Wells
2.7 High
Status
E ruew Project
E Construction
Political/Community Priority 3.0
Public Health/Safety 3.0
Funding 2'0E Continuing Project
E Design
Expenditures
E Report/Plan E Environmental/ROW
Total P Cost:$ 355,000
FY 202L122 Fy 2022/23 Fy 2023/24 Fy 2024/2s Fy 212sl26 Totat e Annual Concrete Program for this fiscal year focuses on replacment of sidewalk between Rancho Palmeras and rovince Way adjacent to the Casa Dorado community in lndian Wells. The project addresses two issues: 1) the width of the ewalk in this area is insufficient at 6-feet, the project will replace the existing sidewalk with 8-foot wide sidewalks; and 2) intersection at Highway 111 and Provice Way requires modification of the ADA access to conform to new standards. project is budgeted under the 316 Capital lmprovement Fund fo econ of sca rsth lin toked lndthe Weltan Golfle,Resort us sidewalk bothand wil beomyprojectcampprojectrojectsp for dbi oneas However accountifor and iilib the ro are from accou ntsproject.ng pung rposes p jects paid seperate Planning/Design
Construction
Ad m in istration/l nspection
Contingency
$ 50,000
$ 5,000
$ 300,000 $ o $0
$ 50,000
$ 300,000
$ 5,000
$0
Funding Sources
TOTAL $ O $ 55,000 $ 300,000 $ 0 $0 $ 355,000
FY 2027/22 Fy 2022/23 Fy 2023/24 Fy 2024125 Fy 2O2s/26 Totat General Fund $ 55,000 $ 300,000 $ 0 $o $ 355,000
$0
$0
$0
TOTAL $ O $ 55,000 $ 300,000 $ o $0 $ 355,000
Notes
ln 2017, the City conducted an accessibility survey of all of its facilities, properties, and right-of-ways.
Fiscal Year 2019 includes a one-time infusion of funding to begin addressing Americans with Disabilities Act (ADA) improvements prioritized in the ADA plan. The ongoing program in subsequent fiscal years will include both ADA and concrete improvements.
327
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.025 0.05 0.1 Miles
Casa Dorado
Sidewalk and ADA lmprovements 'il./
$ 230,000 INDIAN 'd'' WELLS
CALIFORNIA
E
S
Project Area
,1! ,
, i::.: l
328
F
CAPITAL I M PROVEM ENT PROJ ECTS
City of Indian Wells FY 2022to 2026
Project #
City Council Goal
Project Name Casa Dorado Rt Turn Ln
Location Citywide
Plan Reference Community Access
Category Street Pavi
Account # 316
Department PublicWorks
Contact Management Analyst
Tvne MaintenanceType
Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.0 Status
E New Project
E Construction
Political/Community Priority 2.0
Public Health/Safety 2.0
Funding 2.0E Continuing Project
E Design E Report/plan E Environmental/ROW
Total Pro Cost: $ 300,000
Expenditures FY 2027/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 202s126 Total Description
reate northbound right turn lane and southbound left turn pocket to provide secondary access into the asa Dorado community from Rancho Palmeras.
he project will improve access and traffic flow into the Casa Dorado community while providing rotected turn pockets off of Rancho Palmeras.
Planning/Design
Construction
Adm in istration/l nspection
Contingency
$ 25,000
$ 273,000
$ 2,000
$ 25,000
$ 273,000
$ 2,000
$0
TOTAT $ O $ 300,000 $ 0 $o $0 $ 300,000
Funding Sources FY 2O2u22 FY 2022/23 FY 2023/24 Fy 2024/2s Fy 2025126 Totat General Fund $ 300,000
$0
$ 300,000
$0
$0rorAr $0 $300,000 $0 $0 $0 $ 300,000
ect Notes
329
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.0125 0.025 0.05 Miles
w E
Annual Asphalt Program
Rancho Palmeras Turn Lanes
$300,000 INDIAN ,I" WELLS
S
CAL ORNIA
Project Area
. .;L
h11.';*',.f':- :
;*
MON
u..l
Jf
-J-
330
F
CAPITAL I M PROVEM ENT PROJ ECTS
City of lndian Wells FY 2122to 2026 City Council Goal
Proiect Name Warner Trail lmprovementsProject #
Location Warner Tr. at Fred Waring Dr. Department Public Works Plan Reference Pavement Management System Contact Management Analyst Category lmprovements Type lmprovement
Account# 316 Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.7 Status
E New Project
El Construction
Political/Community Priority 3.0
Public Health/Safety 3.0
Funding 2.0E Continuing Project
E Design E Report/Plan I Environmental/ROW
Total ect Cost: $ 750,000
Expenditures FY2O2L/22 FY2O22l23 FY 2023/24 FY 2024/25 FY 2O2s/26 Total is project will address two concerns on Warner Trail near Fred Waring. The first is repairing the storm rain pipe causing minor sink holes in the area. The second issue will be the addition of a right hand rn lane near Gerald Ford Elementary to assist with the traffic congestion during school drop-off and ck-up
Planning/Design
Construction
Adm inistration/l nspection
Contingency
$ 150,000 $ 150,000
$ 595,000
$ 5,000
$0
$ 595,000
$ 5,000
rorAr $150,000 $600,000 $0 $0 $o $ 750,000
Funding Sources Fy 2O2Ll22 Fy 2022/23 Fy 2023/24 Fy 2024125 FY 2025/26 Total General Fund $ 150,000 $ 600,000 $ 750,000
$0
$0
$0rorAl $150,000$600,000 $0 $0 $0 $ 750,000
ect Notes
331
0 0.005
N
0.01 Capital lmprovement Program
Fiscal Year 2022-2027
o o2 Mibs Warner Trail
Trench Repair and lntersection lmprovements,'i ,,i
$ zso,ooo INDIAN .;,'\Mf LLS
CAI--IIORNIA
E
S
Project Area
ta
332
F
CAPITAL I M PROVEM ENT PROJ ECTS
City of lndian Wells FY zoz2to 2026
Project #
City Council Goal
Project 113mg RoadwaY StriPing
Location Citywide
Plan Referencs Roadway Striping
Category lmprovements
Account# 316
Department PublicWorks
Contact Management Analyst
Type Maintenance
Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.O
Status
E New Project
E Construction
Political/Community Priority 2.0
Public Health/Safety 2.0
Funding 2'0E Continuing Project
E Design E Report/plan E Environmental/ROW
Total Cost: $ 81,250
Expenditures FY202tl22 FY2022/23 FY 2023/24 FY 2024/25 FY 2025/26 Total Descri
annual Roadway Striping project is designed to maintain the traffic striping, crosswalks, and is is a City Wide project that circulates around the City to keep the traffic striping throughout the City ment legends throughout the City
h and legible
Planning/Design
Construction
Ad m in istration/l nspection
Contingency
$ 5,000
$ 75,000
$ 1,250
$ 5,000
$ 75,000
$ 1,250
$0
TOTAL $ O $ 81,250 $ 0 $o $0 $ 81,250
Funding Sources FY 2027122 FY 2022/23 FY 2023124 FY 2024/2s FY 2o2sl26 Total General Fund $ 81,250
$0
$ 81,250
$0
$0rorAr $0 $81,250 $0 $0 $0 $ 81,250
Project Notes
333
CAPITAL I M PROVEM ENT PROJ ECTS
F
citY of Indian wells
Location lW Golf Resort Campus Department PublicWorks
Plan Reference Sidewalk lmprovements Contact Management Analyst Category lmProvements Type lmprovement
Account# 316 Useful Life 5-10 years
FY 2022 to 2026
ect #
E Report/Plan I Environmental/ROW
City Council Goal
Project Name IWGR Sidewalk lmprovements
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.7 Status
E ruew Project
E Construction
Political/Community Priority 3.0
Public Health/Safety 3.0
Funding 2.0! Continuing Project
E Design
Total cost: $ 300,000
Expenditures FY 202u22 FY 2022123 FY 2023/24 FY 2o24/2s FY 2025/26 Total Description
is project will improve the pedestrian accessibility at the lndian Wells Golf Resort and particularly ddress safety concerns for pedestrians walking to access opposite ends of the campus. The design for is project was completed in FY 2021, however, only one bid was received in the initial call for projects ff withdrew the project in favor of packaging it with another sidewalk project to make it more ppealing to contractors resulting in more competitive bidding Planning/Design
Construction
Ad m in istration/l nspection
Contingency
$ 50,000 $ 50,000
$ 250,000
$o
$0
$ 250,000
Funding Sources
rorAl $50,000 $250,000 $0 $o $0 $ 300,000
FY 2O2L/22 FY 2022/23 FY 2023/24 FY 202412s FY 2o2sl26 Total General Fund $ 50,000 $ 250,000 $ 300,000
$0
$0
$0rorAl $50,000 $250,000 $0 $0 $o $ 300,000
Notes
334
Capital I mprovement Program
Fiscal Year 2022-2027
0 0.025 0.05 0.1 Miles
N
w +E IWGR Sidewalk lmprovements --i?t
$15o,ooo INDIAN iil WELLS
S
CALI FORNIA335
F
CAPITAL I M PROVEM ENT PROJ ECTS
City of lndian Wells FY zo2zto 2026 City Council Goal
Project 113mg Miles Ave Bridge RepairProject #
Miles Avenue near Hwy 111 Department Public Works
abutment repair
Location
Plan Reference
Category
Account #
Other
316
Contact Management Analyst
Tvpe MaintenanceType
Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.7 Status
E New Project
E Construction
E Continuing Project
E Design
Political/Community Priority 2.0
Public Health/Safety 3.0
Funding 3.0
E Report/Plan El Environmental/ROW
Total ect Cost: $ 500,000
Expenditures FY 202t122 FY 2022123 FY 2023124 FY 2024125 FY 2025126 Total Descri
heavy storm event in February ,2019 caused significant damage to the bridge abutment and urrounding channel bank. Staff applied for Federal Emergency Management Agency (FEMA) funds to the erosion and reinstall improvements to reduce future erosion at the outfall of three drainage EMA has funded the improvements through approval of the engineer's cost estimate for repair reas
Planning/Design
Construction
Adm inistration/l nspection
Contingencv
$ 35,000
$ 460,000
$ 5,000
$ 35,000
$ 460,000
$ 5,000
$0
Funding Sources
TOTAT $ O $ 5oo,ooo $ o $0 $0 $ 500,000
FY 2O2Il22 FY 2022123 FY 2023124 FY 2024/25 FY 2025/26 Total FEMA Funds
General Fund
$ 500,000
$0
$ 500,000
$0
$0
$0rorAl $0 $500,000 $0 $0 $0 $ 500,000
Notes
336
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.025
N
0.05 0.1 Miles
E
Miles Bridge
Storm Damage Repair
$5OO,OOO INDIAN WELLS
, 'l /1..\i '
S
a't,
Project Area
337
CAPITAL I M PROVEM ENT PROJ ECTS
f citv or Ind,rn *.,llr"o FY 2022 to 2026
#
Location Washington St at Miles Ave Department public Works Plan Referensg Roadway Modifications
City Council Goal
Project Name Washington St. Rt. Turn Pockets
Q1
Category lmProvements E]Type
Account# 316
Contact Management Analyst
Tvoe Maintenance
Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q3
City of lndian Wells
2.7 Status
E t',tew Project
E Construction
Political/Community Priority 3.0
Public Health/Safety 3.0
Funding 2.0! Continuing Project
E Design E Report/Plan E Environmental/ROW
Total ect Cost: $ 170,000
Expenditures FY 202t/22 FY 2022123 FY 2023/24 Fy 2o24l2s Fy 2O2s/26 Total Description
his project has two components: improvements on southbound Washington at Miles Ave and mprovements on southbound Washington at the entrance to Southwest Church. e primary goal of this project is to proivde flexibility for the right turn volume from Washington Street onto Miles Avenue during the PnB Paribas Open Tennis Tournament. By widening and lenghting the right turn pocket, tournament traffic is provided two right turn lanes to access the parking off of e second goal of this project is to provide a right turn pocket for southbound Traffic into the Southwest Church's eastern parking lot. The new turn pocket provides refuge for slowing right turn to exit the through lanes and perform a safe turning movement Miles Avenue
Planning/Design
Construction
Ad m inistration/l nspection
Contingency
$ 35,000
$ 130,000
$ 5,000
$ 35,000
$ 130,000
$ 5,000
$ororAL $ 0 $ 170,000 $ o $0 $0 $ 170,000
Funding Sources FY 2O2Ll22 FY 2022/23 Fy 2023/24 Fy 2024/2s Fy 212sl26 Totat General Fund $ 170,000
$0
$ 170,000
$0
$0
rorAl $0 $170,000 $0 $o $0 $ 170,000
Notes
338
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.0375 0.075
N
0.'15 Miles
'+Washington Street
Right Turn Pockets
$500,000
E
S
INDIAN .W[,LLS
cAL{rolti"ulJ,\
Project Area
339
CAPITAL I M PROVEM ENT PROJECTSfCity of Indian Wells FY 2022to 2O26 Project #
Location lndian Wells Lane at Hwy 111 Department Public Works Plan Referensg Landscape lmprovements Contact ManagementAnalyst Category Other Type Maintenance
Account# 316 Useful Life 5-10 years
City Council Goal
Project 1t16mg Palm Tree Remove and Replace
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.0 Political/Community Priority 2.0
Public Health/Safety 2.0Status
E ruew Project
E Construction
E Continuing Project
E Design
Funding 2.0
E Report/Plan E] Environmental/ROW
Total Pro Cost: $ 150,000
Expenditures FY 2027/22 FY 2022123 FY 2023124 FY 2o24l2s FY 2025/26 Total Planning/Design $ 0
Construction $150,000 $150,000
Administration/lnspection $ 0
TOT
Funding Sources Fy ZOZL/22 Fy 2022/23 Fy Z0Z3/24 Fy ZOZ4/25 Fy 2025/26 Totat LLMD $ 150,000 $ 150,000
$0
$0
$0
is project replaces the palm trees that provide the backdrop for each of the fountains on either side of lndian Wells Lane facing Highway 111. The palm trees there have reached the end of their lives and are showing signs of deterioration (drought rings and crooked growth). The replacement trees are approximately 30 feet tall and planted uniformly across the backside of the fountains. rorAL $0 $150,000 $0 $0 $0 $ 150,000
Notes
340
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.0175 0.035 0.07 Miles
N
w +E
lW Lane Palm Tree Remove & Replace$15o,ooo INDIAN WELLS s
{,t\r..la{13.i'i{i\
Project Area
341
f CAPITAL I M PROVEM ENT PROJ ECTS
City of lndian Wells FY 2o22to 2026 City Council Goal
Project Name Replace lrrigation ControllerProject #
lndian Wells Lane at Hwy 111 Department Public Works
on lmprovements
Location
Plan Reference
Category
Account #
Other
316
Contact Management Analyst
Tvoe MaintenanceType
Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
Status
E New Project
E Construction
E Continuing Project
E Design
1.7 Political/Community Priority 2.0
Public Health/Safety 1.0
Funding 2.0
E Report/Plan ! Environmental/ROW
Total Pro Cost: $ 100,000
Expenditures FY 202L122 FY 2022123 FY 2023124 FY 2024/2s rY 2o2sl26 Total he irrigation controllers regulate the flow of water to the planted areas along Highway 1 1 1 , they are ow over 1O-years old and are in need of replacement. The new controllers are more water and energy nt and can be controlled remotely. Staff is also reviewing models that will detect irregular water and will allert the irrigator of a problem
Planning/Design
Construction
Adm in istration/l nspection
$ 100,000
$0
$ 100,000
$o
$oContingency
Funding Sources
TOTAL $ O $ loo,ooo $ o $0 $0 $ 100,000
FY 2O2L/22 FY 2022/23 FY 2023/24 FY 2024/2s FY 202s126 Total General Fund $ 100,000
$0
$ 100,000
$0
$0rorAl $0 $100,000 $0 $0 $0 $ 100,000
Notes
342
F
CAPITAL I MPROVEM ENT PROJ ECTS
City of I n d ia n We lls FY 2022 Io 2026 city council Goat Project #Project ll36g Renewable Energy Generation Program Location City Hall and lW Golf Resort Q1
Plan Referenss Energy Efficiency
Category lmProvements
Account # 316
Management Analyst
5-10 years
E] Report/Plan n Environmental/ROW
2.7 High
Political/Community Priority 3.0
Public Health/Safety 2.0
Funding 3'0
Department
Contact
Type
Useful Life
Public Works
Maintenance
Start Date
End Date
Jurisdiction
Priority
Q3
City of lndian Wells
Status
E New Project
! Construction
E Continuing Project
n Design
Total P ct Cost: $ 10,020,202
Expenditures Fy 202L/22 Fy 2022/23 Fy 2023/24 Fy 2024/2s FY 2025/26 Total The project is installing energy efficiency improvements to reduce the utility costs at the lndian Wells Golf Resort and City Hall" This carry-over project evaluated the use and cost of energy and proposed to upgrade lighting, heating and air conditioning, and install solar panels to lower the City's electricity bills.
Energy cost savings over the initial 20 year life cycle is estimated at $12,0 million, ln addition to the energy cost savings, the City received grant money to install charging stations at both locations.
Funding for this program comes from $0.8 million in Energy Grants, $3.0 million in funding from the California Energy Commission, and approximately $6.2 million bond proceeds paid by other City funds.
Planning/Design
Construction
Administration/l nspection
ContingencV
$ 750,000
$ 9,220,000
$ 50,202
$ 750,000
$ 9,22o,ooo
$ 50,202
$0
TOTAT $o $ 10,020,202 $ o $o $o $ 10,020,202
Funding Sources EV )n'1 l)'' CV 'rn.'r1 l''? FV 1n)?l)L EV 1A)Al)8, EV rnt c,71 Total Bonds
Energy Grants
California Energy Commission Funds
$ 6,232,qi
$ 787,250
$ 3,000,m
$ 6,232,952
$ 787,250
$ 3,000,m
$o
TOTAL $o $10,020,2&'$o $o $o $ 10,020,202
Notes
343
Capital I mprovement Program
Fiscal Year 2022-2027
0 0125 0.25 0.5 Miles
N,t+Renewable Energy Generation Program
E
$ t o,ozo ,zo2 INDIAN WELLS
S
CALI FORNIA344
r CAPITAL I MPROVEM ENT PROJECTS
City of lndian Wells FY 2022to 2026 citycouncitGoar
Project #Project Name City Monument Sign
Location lndian Wells Ln at Highway 111
Plan Referenss Replace City Monument Sign
Category Other
Account # 316 5-10 years Priority 2.3
Department
Contact
Type
Useful Life
Pu!l!9 workl
Management Analyst
Maintenance
Start Date Q1
End Date Q3
JUf iSdiCtiOn city of lndian Werls
Political/Community Priority 3.0
Public Health/Safety 2.0
Funding 2'0
Status
E New Project
fl Construction
n Continuing Project
n Design ! Report/Plan n EnvironmentaI/ROW
Total Pro Cost: $ 90,000
Expenditures Fy 202]-/22 Fy 2022123 Fy 2023/24 Fy 2024/25 FY 2025/26 Total ct Descri on
Early in 2022the monument sign at the intersection of lndian Wells Lane and Highway 111 was damaged by a single car accident. This project replaces the damaged sign with a new sign.
Funding for this project will come from lnsurance Proceeds and will not be a City expense Plann ing/Design
Construction
Admin istration/l nspection
ContingencV
$ 5,000
$ 82,000
$ 3,000
$ 5,000
$ 82,000
$ 3,000
$o
TOTAL $0 $ e0,000 $ 0 $o $o $ 90,000
Funding Sources FY 2O2L/22 FY 2022123 FY 2023124 FY 2024125 FY 202s/26 Total lnsurance Claim paid by motorist $ 90,oo0 $ 90,000
$o
$o
$o
TOTAL $o $ 90,000 $ o $o $o $ 90,000
P Notes
345
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.005 0.01 0.02 Miles
N,,+City Monument Sign
$95,000E ,' i ::-,f
1..i':.J.'WELLSINDIAN
s
CALIf.ORN IA
Project Area
z
oz
t
I:
6n
i':l
346
f CAPITAL I M PROVEM ENT PROJ ECTS
City of Indian Wells FY 2122to 2026 City Council Goal
Project Name Pavillion Energy EfficiencyProject #
Location lndian Wells Golf Resort
Plan Referen6g Energy Efficiency
Category Other
Account# 316
Department lqbti" W"tf.
Contact Management Analyst
Type Maintenance
UsefulLife 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.3 Status
E f'lew Project
E Construction
Political/Community Priority 3.0
Public Health/Safety 3.0
Funding 1.0! Continuing Project
E Design E Report/Plan ! Environmental/ROW
Total Pro Cost: $ 1,000,000
Expenditures FY 2O2u22 Fy 2022/23 Fy 2023/24 Fy 2o24l2s FY 2025/26 Total Pavillion at the lndian Wells Golf Resort hosts a variety of special events from company parties, to ings. The design of the Pavillion is unique, but is troubled by poor insulation and heating and cooling. This project re-designs the HVAC system for better air circulation and better insulation Planning/Design
Construction
Ad m inistration/l nspection
Contingency
$ 25,000
$ 965,000
$ 10,000
$ 25,000
$ 965,000
$ 10,000
$0
TOTAL $ O $ 1,000,000 $ 0 $0 $0 $ 1,000,000
Funding Sources FY 2021./22 FY 2022123 FY 2023/24 FY 2o24l2s FY 202s126 Total General Fund $ 1,000,ffi $ 1,000,000
$0
$0
$0rorAL $0 $1,000,000 $0 $o $0 $ 1,000,000
Notes
347
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.0125 0.025 0.05 Miles
N'+E
Pavilion
HVAC/Insulation
$1,000,000
- ., -. 1/
INDIAN .j'WELLS
CALiFORN:A
S
Project Area
348
CAPITAL I M PROVEM ENT PROJ ECTS
F City of I nd ia n Wells FY 2022 to 2026
Project #
Location lndian Wells Golf Resort Department Public Works Plan Reference Flood
City Council Goal
Project Name East Drop Structure
Q1
Category Other
Account #316
Contact Management Analyst
Tvoe MaintenanceType
Useful Life 5-10 years
Start Date
End Date
Jurisdiction
Priority
Q3
City of lndian Wells
2.7 Political/Community Priority 3.0
Status
El ruew Project
n Construction
E Continuing Project
E Design E Report/Plan I Environmental/ROW
Public Health/Safety 2.0
Funding 3'0
Total Cost: $ 1,500,000
Expenditures FY 2O2L/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2O2s/26 Total uring the February 2019 storms, a drainage structure in the Whitewater River channel was damaged his structure, called a Drop Structure, is designed to slow flood waters and provide a benefit of moving much of the silt suspended in the flood waters.
ff has applied for Federal Emergency Management Agency (FEMA) funds for the repair of the structure and is currently working our way through the system. Concurrently, Staff is working with an engineering firm to complete the repair designs. The goal is to be shovel ready when FEMA approves e funding
Planning/Design
Construction
Ad m i nistration/l nspection
Contingency
$ 50,000 $ 100,000
$ 1,340,000
$ 10,000
$ 150,000
$ '1,340,000
$ 10,000
$0
TOTAL $50,000 $1,450,000 $0 $o $o $ 1,500,000
Funding Sources Fy 2O2L/22 Fy 2022/23 Fy 2023/24 Fy 2024/25 FY 2025/26 Total FEMA
General Fund
$ 1,450,m $ 1,450,000
$ 50,000
$0
$0
$ 50,000
TOTAL $50,000 $1,450,000 $o $0 $0 $ 1,500,000
Notes
349
Capital lmprovement Program
Fiscal Year 2022-2027
0 0.0375 0.075 0.15 Miles
N
w +E
East Drop Structure
$1,500,000 INDIAN .,' \A/f LLS
S {-/\l.il ottNlA
Project Area
350
F
CAPITAL I M PROVEM ENT PROJ ECTS
City of Indian Wells FY zozzto 2026 City Council Goal
Project 11669 West DroP Structure
location
Plan Reference Flood Mitigation
Category Other
Account # 316
Contact Management Analyst
Tvne MaintenanceType
Useful Life 5-10 years
Project #
lndian Wells Golf Resort Department PublicWorks Start Date End Date
Jurisdiction
Priority
Q1
Q3
Political/Community Priority 3.0
Public Health/Safety 2.0
Funding 3'0
City of lndian Wells
27 Status
E New Project
E Construction
I Continuing Project
E Design E Report/Plan E Environmental/ROW
Total P ect Cost: $ 1,539,000
Expenditures FY 2O2L/22 Fy 2022/23 Fy 2023/24 Fy 2124l2s tY 2025/26 Total During the February 2019 storms, a drainage structure in the Whitewater River channelwas damaged is structure, called a Drop Structure, is designed to slow flood waters and provide a benefit of removing much of the silt suspended in the flood waters.
Staff has applied for Federal Emergency Management Agency (FEMA) funds for the repair of the cture and is currently working our way through the system. The improvements to the West Drop cture are complete and ready for bidding once FEMA approves the funding Planning/Design
Construction
Ad m i n istration/l nspection
Contingency
$ 150,000 $ 150,000
$ 1,379,000
$ 10,000
$0
$ 1,379,000
$ 10,000
TOTAr $150,000 $1,389,000 $0 $0 $0 $ 1,539,000
Funding Sources FY 2O2L/22 FY 2022123 FY 2023/24 FY 2024/25 FY 2O2s/26 Total FEMA $ 150,000 $ 1,3gg,m $ 1,539,000
$o
$o
$0rorAl $150,000 $1,389,000 $0 $0 $0 $ 1,539,000
Notes
351
Capital I mprovement Program
Fiscal Year 2022-2027
0 0.0375 0.075 0.15 Miles
N'+E
West Drop Structure
$1,539,000
:*-- /"'rZi
L.\-,'INDIAN ,].]WELLS
S
CALIFORNIA352
CAPITAL I MPROVEMENT PROJ ECTSfCity of lndian Wells
Project
Location Housing Authority Property
Plan Reference Flood Mitigation
Category Other
Account # 252
FY 2022 to 2026
g Housing
Department PublicWorks
Contact Management Analyst
Type Maintenance
Useful life 5-10 years
E Report/Plan n EnvironmentaI/ROW
City Council Goal
Project Name Modify WWR Channel Bank
Start Date
End Date
Jurisdiction
Priority
Q1
Q3
City of lndian Wells
2.7 High
Status
E] New Project
E Construction
E Continuing Project
E Design
Political/Community Priority 3.0
Public Health/Safety 2.0
Funding 3'0
FY 2023 FY 2024/25 FY
Total P ect Cost: $ 2,300,000
Totalres
Planning/Design
Construction
Ad ministration/lnspection
Contingency
FY 202 FY 2O2
$ 40,000 210,000
$ 2,000,000
$ 50,000
$ 250,000
$ 2;000,000
$ 50,000
$0
ect Descri on
The Housing Authority property along Highway 111 is bordered by the White Water River Channel to the north. This restriction renders the property difficult to develop because of the narrow with (from north to south). This project moves the Whitewater River Channel bank to the north approximately 60-feet to provide a more buildable lot. The project also provides channel bank armoring to protect the new shape of the Housing Authority lot.
Funding for this project comes from the Housing Authority and is not a City expense TOTAI $40,000 $2,260,000 $o $o $o $ 2,300,000
Funding Sources FY 202L/22 FY 2022123 FY 2023/24 FY 2024/25 FY 2025/26 Total Housing Authority $ 40,000 $ 2,260,6 $ 2,300,000
$o
$o
$0
TOTAL $ 4o,ooo $ 2,260,000 $ o $o $o $ 2,300,000
Pro Notes
353
Capital I mprovement Program
Fiscal Year 2022-2027
0 0.0475 0.095 0.19 Miles
N
Whitewater Channel Redesign'+E Housing Authority
$ 2,300,000
:
/-,, ,tI -.. .tl- rAN WELLSINDI
S
CALIFOIINIA
Project Area
t..
"9- ,
,;
ra
!
t
f.r"
t?
!
a ,t
t
i,
a
I I
tlf
.. 1
I ra
Cr'3-
ta
a\a*!t{a
,I
t.i
a, t.
t
..4
J.L !
\t"''-?
='a
t
t
t
!.:t
i
t.
lt,
c t
f .*'.,
t
354
f CAPITAL I M PROVEM ENT PROJ ECTS
City of lnd ia n We lls FY 2022 to 2026 city councit Goal Project #Project Name FAMD Capital
Location Various location within FAMD Department PublicWorks Plan Reference Street lmprovement Pro ects Contact Management Analyst Category lmProvements Type Maintenance
Account # 316 Useful Life
Start Date Q1
End Date Q3
JUf iSdiCtiOn city or lndian wells
5-10 years priority 3.0 High
Political/Community Priority 3.0
Public Health/Safety 3.0
Funding 3'0
f] Report/Plan E EnvironmentaI/ROW
Total P Cost: $'1,510,034
Status
E New Project
E Construction
fl Continuing Project
! Design
Expenditures FY 202r/22 FY 2022/23 FY 2023/24 FY 2024/25 fY 2025/26 Total The Fire Access Maintenance District (FAMD) was formed to provide two services, security gates at the entrance to the lndian Wells Country Club and the associated Home Owner Associations and maintenance projects to maintain accessibility for emergency vehicles into the FAMD territory. Projects include roadway improvements, drainage improvements, and various other projects to support the two services.
Funding for FAMD is collected through annual assessments within the FAMD District and is not a City expense
Planning/Design
Construction
Ad ministration/l nspection
ContingencV
$ 100,000
$ 850,972
$ 20,000
$ 100,000
$ 419,062
$ 20,ooo
$ 200,000
$ 1,270,034
$ 40,000
$0
rorAr $970,972 $539,062 $O $o $o $ 1,510,034
Funding Sources FY 2O2L/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 Total FAMD $ 970,972 $ 539,062 $ 1,510,034
$0
$o
$o
TOTAL $ e70,e72 $ 539,062 $ O $0 $o $ 1 ,510,034
Notes
355
Capital I mprovement Program
Fiscal Year 2022-2027
0 0.125 0.25 0.5 Miles
N FAMD
Capital Projects
$970 ,972
w +E
S
INDIAN . WELLS
a.Al.llaJlii\i i/i
Project Area
356
c)o
n
OJ]C
OJ
357
IWGR Capital Prioritized 2022123
Accum Balance
1 Wear & tear Golf Retail
Exec Office: New Administration
lnstall vue Food & Beve
Place holder for acement m Motors lce Machines Maintenance unrmac machine and r Maintenance
lace satellite bars Food &
lace Dam VUE bar stools Food &
White market umbrellas Food &
ce window Administration
Dama VUE chairs Food &
TVs foT SHOTS & VUE Food &
Office Chairs Administration
DA heaters Food &7
Sub-total
1 Operational Administration
Golf
Maintenance
Administration
Golf
Golf Maintenance
Sub-total
2 Operational Golf Maintenance
Golf Maintenance
Golf Maintenance
Golf Maintenance
Food &
Food &
Sub-total
2 Enhancements
Sub-total
EstimateDepartmentDescriptionPRIORITY
358
Summary
<- choose from dropdown
BRIEF PROJECT DESCRIPTIOT ATD JUSTIFICATION
6/30/2022
-
N
000
Approvals
Quote Attached?
Replacementof DamaEed/Worn Equipment
slu2o22
Sven Wi€denhaupt
Select ftom drcpdown
Vadous
1400
Approved by:
Approved by:
Date:
Date:
Eudgel Depanment
Eudget GL Account
Eudget Project Code
Equipment N
Seruice
Yes
Rev€nue 8€nerating?
Cost avoidance?
complianc€ related?
lncluded in site investment plan?
E v".
Ev*
Ev*
E v".
EI uo
Ero.
El n.
El ruo
RequestTitle:
DATE:
RTQUESTED 8Y (Name}I
Date declsion needed:
Priorityl
BRIEF PROJECT DESCRIPTION AND JUSfIFICATIOT
r nrs request rs lo reprace 0amages and worn equipment through out F & B, Golf and Administration in need of refresh.
Whit h.pF8 llthl. r.qu.3t l. not.pprov.d? O..cilb th. lmtscl,.@t3, lnd.nilcltsi.d dd.F. {& lFclnc io.ll th.t.ply) Ll3tellotkr corts a$oclatod wnh Sespprovalotlhl8 r€qu€il 6och a6 addltlonal llafflng, malnlanance agnmenl3,3uppllea etc.. rr me request rs not approved, property wll look worn out & guest seruice can be hindered.
Line lteh Cort
Various
Freilht Cost
s Equipment under 5g!999 k expensed
Equlpment
Equipment
Equlpment
Equipment
Equipment
Equipment
Equlpment
Equipment
Equlpment
Equipment
Equlpment
Equipment
Equipm€nt
Carpet - Admin Oflices 5
Vue Patlo Ml*ln8 System S
lce Machin€ Pumps & Motors 5
Washina Machine & Dryer 5
Banquet Satelitte BaE S
Vue Barstools S
Market Umbrellas S
Wndow coverings S
vue Patlo Chal6 S
Tv'sforshots &vue S
umce Lharrs 5
Space Heate6 S
35,000
35,000
25,000
24000
12,000
12,mO
12,000
10,00o
10,000
10,000
zsoo
7,5@
S 3s,ooo
S 3tooo
5 2s,ooo
S 24ooo
S 12,ooo
5 12,0m
S 12,ooo
S lo,ooo
5 10,000
S 1o,ooo
S 7,soo
S 7,soo
Capital or Expenre?
Capital
Serylae Cost
350,000 s
Sollware Cost
s
Othe. Cost
s
Equipmcnt Co5t
359
Summary
Summary
Finance Committee requested this project be heard at a
Public Meeting with the City Council to allow for Public Engagement and Comment
-<-
choose from dropdown
Seled frcm drcodown
000
Ouote Atteched?
Parking Equlpment
sl112022
Sven Wledenhaupt
6l30l2022
1400
Request Title:
DATE:
REQUESTED 8Y (Nam€):
Date deci!ion needed:
Priorlty:
Sudget Depanment
Eudget GI Account
Eudget Prcject Code
Approved by:
Apprcved by:
Date:
Date:
Equipment N
Seruice
Yes
Revenue generatlng?
Cost avoidance?
Compliance related?
lncluded in slte lnvestfrent pian?
E
Eno
Er.
Er.
Eno
for hotels) - We only have 167 parking spots available.
This project should be installed concurrently with solo panel project.
EFF€CT q OPEUTIONS
Wh.t h.Fn. ltlhls rquo.l 16 notrpp.od? D..cdb th. lmF.t, @st!,.nd.nllclprod d.l!y., (&.Fclnc b all th.t lpply) lf the request is not approved, IWGR will risk not having parking for IWGR guests. asaddlllonalwlhthe malnlanerce etc..
$
5 I
s
5I
s
s
s
ScdicE Cost
200,000 5
Cost Total
Equlpment zoo,mo 1
Equlpment under S!9!ggg k expensed
Line ltem
Pa*ing Equlpment
Capital or Erpense?
Capital
Software Cost OtherCost
s
EquiFfrent Cost
s
FreithtCo3t
360
Summary
I<- choose from drofuown
000
Quote Attached?
Academy & Fitting Center
s/1/2022
Sven Wedenhaupt
6l?012022
Request Title:
DATEI
REQUESTED 8Y (Name)r
Date declsion needed:
Prioritv:
Sudget Depanment
gudSet GLAccount
BudSet Project code
Select frcm dftbdown
1400
Approved by:
Approved by:
Date:
Date:
Equipment N
Seruice
Yes
Rev€nue generating?
Cost avoidance?
Compliance related?
lncluded in site investment plan?
Ev*
Ev".
E v".
Ev*
Ero
Eruo
Eruo
Euo
BRIEf PROJECT DESCRIPTIOT AND JUSTIFICATIOX
IWGR is defining all structural and procedural parameters including ROI study, which will be contingent based upon project approval. sync
otSlg 3uch ea eddltlonellho
s
)
Sottware Cost
Cost
1150,000 150,000
s €quipment under S1o,0o0 is expensed
Academv & Flttln8
Sedlae Cost
150,000 s
Capilal or Expense?
Capital
Other CostEquipmenl cost Fr€ighi Cost
5 361
Summary
-<-
choose from dropdown
Seleat from drcpdown
000
Quote Attached?
Request Title:
OATE:
REQUESTED BY (Name):
Datedeclslon needed:
Priority:
OrganicTrash Enclosure
slu2022
Sven Wiedenhaupt
613Ol2O22
Various
1400
8ud8et Depadment
Sudget GL Account
Eud8et Project Code
BRIEF PROJECT DESCRIPTIOI AND JUSTIFICATIOT
Date:
Date:
t
Approved by:
Apprcved by:
Equipment N
Service
Yes
Revenue genereting?
Compliance related?
lnclud€d in site lnvestment plan?
BRIEF PROJECT OESCRIPTION AND JUSTIFICATIOf,
lnstallation due to the State of California's new mandate for the disposal of all green waste.
All businesses musts separate food & scraps from the rest ol the trash to reduce the amount of compostable material sent to landfills. €FFECT ON OPEMTIONS
Wh.l htPFns ll,thl. r.que.t13rcllpProv.d? O.scilb th. lmFcl, cogt.,.ndantldFH d.lay., (tu 3tsclfictoall ihll.pply) lf the request is not approved, the state will start imposing finea by m4.
Llll tll otherco8ls alsoclatod wlth the apprcval of thl3 r6quo6l such.6 addltlonal ihfflng, malnlsnanco agrxmonk, lupplbi, etc..
Vendor E!!]lqlgrylEl Model# (if appli.able) Llne ttem Cost euantity Totat s(
Equipment under 510.000 k expensed
Seruiae Cost
125,000 5
Capital or Erpense?
Capital
Equipment Cost
s
softwar€ Cost Other CostFr€ight coit
5 362
Summary
N
Seledfrcm drcpdown
6/30/2022
-<,
choose from dropdown
Quote Attached?
Request Title:
DATE:
REQUESTED BY (Name):
Datedecision needed:
Priority:
Security Camera t pdate
sl1/2022
Sven Wiedenhaupt
Various
1400
Bud8et D€panment
Budget GLAccount
Budget Prcject Code
Approved by:
Approved by:
Date:
Date:
BRIEF PROJECT DESCRIPTION AND JUSTIFICATION
Equipment N
Sewice
Yes
Revenue generating?
Cost avoidance?
complianc€ r€lated?
lncluded in site investment plan?
E
Er"
Ero
Ero
Er"
E v"'
El v*
Ev*
E v"'
Uurrent tecnnology/equrpment is lrom 2006. All bacl(up is on propeny. The system does not hold enough data for investigative purposes.
Additional cameras are needed for proper coverage of the property. New system has longer "cloud" storage and is kept off property. Cameras has higher resolution and provide facial recognition.
The additional cameras will also take care of "blind" areas on the property.
I
s
100,000 I
cort
tqulpment
Total
Equipment under 510.000 is expensed
line ltefr
Camera
Capilal or Erpente?
Capltal
EqulpmEnt Cost Fr€i8ht Cost
5 Software Cost
s
Other Cost
363
Summarv
Choose from dropdown
6/3012022E.'
000
Quote Attached?
Golf Tournament/Special Event vehicle
sh/2022
Sven Wledenhaupt
Approved by:
Approved by:
Oate:
Date:
R€quest Title:
DATE:
REQUESTED gY (Name}:
Date declsion needed:
Priority:
Eudget Depanment
gudSet GL Account
gudget Project Code
select frcm droodown
Various
1400
BRIEF PROJECT DESCRIPTION AND JUSTIFICATION
Equipment N
Service
Yes
Revenue generatlng?
Compliance related?
lncluded in site lnvestment plan?
Vehicle for tournaments and individu
golf
Vehicles will be available for rent for tournaments and special events, thereby accelerating ROl.
SRIEF PROJECT DESCRIPTION AND JUSTIFICATIOX
Dru.
Eno
Euo
8ru.
Whal hlpFnt lt lhl r r.qu..t I r not .pFrov.d? D.3cdh lh. lnFct, corb, .nd .ntl clFt d d.l.y5. (& 3tsclf,c b .ll th.t rFly) lf not approved, golf revenues will not increase as quickly and guest experience & value gap increasffemains s gnant.
Lldall othetcosls aBsclated wlth lhe approvaloflhlr raquo3tsuch a3addlllonal 3bffing, melnt€nanco agr{monls, supplle!, alc..
Model t
s
s
Total
Equipment under 510,000 is exp€nsed
Equlpment
orSeruice?
Capilal or fxpense?
Capital
Equipment Cost
s
Serui.€ Cost
50,000 s
Solilarc Cort Other CostFreltht Cost
364
Summary
Choose froh dropdown
6/3012022E.-
000
Quote Atiached?
Tire Changing irachine
5/1/2022
sven wiedenhaupt
RequestTltle:
DATE:
REQUESTED gY (Name):
0ate dechlon needed:
Priorityl
Sudget Depanment
SudBet GL Account
BudSet Project Code
Seled from drcpdown
Various
1400
Apprcved by:
Apprcved by:
Date:
Date:
AND JUSTIFICATION
Equipment N
Seruic€
Yes
Revenue generatlng?
Cost avoidance?
Compliance related?
lncluded in slte investment plan?
E v".
Ev*
Ev*
E v".
En.
Ero
Eno
En.
BRIEF PROJECT DESCRIPTIOil ATD JUSTIFICATION
or can wear
lhl6
Line ltcm
Tlrc Changing Machlne
s
5 s
s
s
s
s
s
s
s
5 SEruice Coit
cost Tolal
Equlpmeni 8,000
Other Co,t
58,000 5 Equipment under 310,000 is expensed
Capltal or Erpense?
Expense
Softwaae cost
s
Equipment Coit
s
Frei8ht Cost
s
365
N
Select frcm drcbdown
Quote Anached?
Request Title:
DATE:
REQUESTTD 8Y (Name):
Date decklon needed:
P.iorlty:
Harp€r Hawk Sweeper
sl1/2022
Sven Wiedenhaupt
6130/2022
Med www.voutube.com/watch?v=rTPrTMnz 74
EFFECT ON OPERATIONS
Whath.pF 3lllhl3..quGtl.nol.pprov.d? D.3cnblh.lmFci6!ti. courses.
Equipment N
seruice
Y€s
Revenue generating?
Cost avoidance?
compllance related?
lncluded In site investment plan?
Ev*
E v"'
E v"'
Dv*
Er"
Ero
Ero
Elo
Sweeper Machine
s
s
SoIMare Coit
Cost
165,00o 65,000
Other CostEquipment Cort
s Equipment under S1O.000 is expensed
Seruice Cost
65,000 5
Capital or Expense?
capital
Freight Cost
5 366
Summary
Quote Attached?YN
Seled lrcm dropdown
Vaious
1400
Greens spray Rig
s/1/2022
Sven Wledenhaupt
613012022
Med www.voutube.com/watch?v=GdTBx oNees
Ev*
E v"'
Ev"'
Ev*
Eno
Er"
Ero
Eno
Equipment needed to fertilize greens. Old Equipment is in need of replacement. lt was purchased 1012 years ago.
Life expectancy is l0 years max.
Wh.t h.osn8 ll thl! r.cursl l! hot .Dqov.d? D8cdh ih. lmNcr. 6!b rnd .nil d*t d d.lrvs. t& .&clnc to .l t th.t r.Etv) tuch aaot
[inE li€m
GreensSpGy Rl8
s
Seruic€ cost
60,000 5
coit Total
Equlpment
Other Cost
Equipment under S1o.o00 h expensed
Capltal or Erpenie?
Capital
Software Cost€quipment Co!t
s
Frel8ht Coil
367
N
select from dhpdown
Quote Attached?
R€qu€stTitle:
DATE:
REQUESTED BY (Name)l
Date declsion needed:
Priority:
Long bed can! (4)
sl1l2O22
Sven Wledenhaupt
613012022
Med <- Choose from dropdown
varlous
14m
Sudget Depanment
Budget GL Account
BudSet Project Code
Apprcved by:
Apprcved by:
Datel
Datel
gRIEF PROJECT DESCRIPTION AND JUSTIFICATION
Equipment N
Seryice
Yes
Revenue geneaetlng?
Cost avoidance?
Compliance related?
lncluded in slte lnvestment plan?
Ev*
EI v"'
E v"'
Dv*
EI ro.
Ero
Eruo
Er.
are over
iuch rt rddlllonal
years
Long 8ed cafts
s
cost Total
1t00o 4 60,0()()
SofMare Co3l Other Coctfquipment Cort
s 5 5 Equlpmentunde. 5fq@9 isexpens€d
Seruice Coit
60,000 5
Capital or Erpense?
Capltal
Fr€itht Cost
368
Summarv
Summary
N
select fiom dropdown
Date:
Date:
Quote Attached?
1400
App.oved by:
Approved by:
Request Title:
DATE:
REqUESTED BY (Name):
Date decision neoded:
Prlority:
Budget Depanment
B!dget GLAccount
Budget Project Code
Planet Ak
slL/2022
Sven Wiedenhaupt
6l3O/2O22
Med https://www.voutube.com/watch?v=tx4wo6of oeA
Ev"'
EI v*
Ev*
E v"'
Ero
En"
Eno
EH"
Equipment N
Yes
Revenue generating?
Cost avoldance?
compllance r€lated?
lncluded in site investment plan?
Lbtall othor co!l!alscla&d wlhSeapproval otthl6 roquorl 3uch as addlllonal 3bfflnq. malntenanco aorrmont!. auFDllas. elc., orSeruic!?
5 s
Model
140,000 40,000
total
Equipment under S1O.0O0 is expensed
5erulce Cost
40,000 5
Capital or Expense?
Capital
Equlpment Cost Software cost
s
Other CostFreight Cost
s
369
Quote Attached?N
Select ftom daobdown
000
Request Title:
DATE:
REQUESTEO BY (Name):
Date declslon neededr
Priority:
various
1400
Budget Depedment
Budget GL Account
Budget Project code
Banquet lce Machine
sl1/2022
Sven Wiedenhaupt
6/30/2022
Med <- Choos€ from dropdown
Approved by:
Approved by:
Date:
Date:
Equipment N
Seruice
Yes
Revenue Senerating?
Cost avoidance?
Compllance related?
lncluded in site lnvestment plan?
Er"
Er"
En"
Er"
BRIEF PROJECT DESCRIPTIOXAXDJUSTIFICATION
on
lho {ch aBaddllloml
5 s
5 5
5 s
SolVare Coat
Cost Tolal
t 0,000 10,000
Freitht Cost
Equipment under 310.000 is expensed
Sanquet lce Machlnes
Item
Seruice coit
10,000 5
Capital or Expense?
Capltal
Other CostEquipment cort
s
370
8ummary
N
Date:
Date:
Quote AttachedT
Vue - Large PafryTebles
shl2022
Sven Wiedenhaupt
6/3012022
Med <- Choole from dropdown
Seled hom drcpdown
verlous
1400
Approved byl
Approved by:
Request Titlel
DATE:
REQUESTED BY (Name):
Date decislon neededi
Prlority:
BudSet Depanment
Budget GL Account
Budget Prcject Code
BRIEFPROJECT DEACRIPTIOilAND JUSIIFICATION
Equipment N
Seryice
Yes
Revenue g€nerating?
Cost avoidance?
Compliance related?
lncluded in slte investment plan?
BRIEF PROJECT DESCRIPTION ATD JU9TIFICATIOfl
LargepartiesareincreasinglypopUlar.Currenttablesaffi
LJniformity will provide better guest experience.
Ev*
Ev"'
E v"'
Ev*
Euo
El r"
E]H"
El no
llthlB
Continue with poor layout, look, and feGl 6r guests
s
I
Seruice coit
Equlpment I8,C[X)&000
Other C6t
s8,000 5 Equlpnent under S10.o0o l! expensed
Capital or Expense?
Expense
EquipmEnt Cost
s
Fr€ight cost Solsare cost
5 371
Summary
N
Select ltom drcodown
Quote Attached?
Varlous
14m
RequestTltle:
DATE:
REQUESTED 8Y (Name)l
Date declsion need€d:
Prlorltv:
Budget Depanment
Budget GIAccount
gudSet Project Code
Outdoor Proshop Steps
slu2022
Sven Wledenhaupt
6/3012022
Med <- Choose from dropdown
Apprcved by:
Apprcved by:
Date:
Date:
Eqoipment N
Seryice
Yes
Revenue genetating?
Cost avoldance?
Compllance related?
lncluded in site inve5tment plan?
@
tr
E
D
E
Ero
Eno
Eno
8ru.
Steps/water rcaure wlll provide a better, more accessible entranCe tO the gotf shop for both guests And staff.
Entrance to the golfshop more inviting.
EfFECY d
malntananca atc..
)
9 5
s
s
s
s
s
s
s
s
150,000 50,000
Totel
Other Cort
s Equlpment u6der l!9119!l is expensed
Equipnent Coit
s
Sarul.e Cort
s0,000 s
Capltil or Erpense?
Capltal
Sottuare Cost
s
Frei8ht Cost
372
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:070-22 Item #:B.
Indian Wells City Council
Staff Report - City Attorney May 19, 2022
Pacaso “Co-Ownership” Model and City Regulation of Timeshare Discussion RECOMMENDED ACTIONS:
Council DISCUSSES options for regulating Pacaso “co-ownership” use and business as timeshare and transitory lodging; and
PROVIDES direction to staff as appropriate.
BACKGROUND:
Early last year, City staff and the City Attorney’s office became aware of a novel land use, promoted by a company called Pacaso. Pacaso buys homes in nice areas, sells 1/8 interests in the home to separate buyers (none of whom know who any of the other co-owners are; they all go through Pacaso as the “property manager”), and the co-owners each have the right to exclusive use of the home for certain periods of time (shorter than 30 days; a certain number of times each year). Pacaso often overpays for homes since it makes so much money on the 1/8 interests.
From the first it appeared that Pacaso’s model satisfies the city’s definition of timeshare, and timeshares are prohibited by the city’s zoning code.
Section 21.04.090 of the Indian Wells municipal code provides:
“21.04.090 Time share projects.
Except as hereinafter provided, time share projects are prohibited in all zones within the City. The following time share projects which were in existence as of October 16, 1980, shall be permitted, subject to the following limitations:
(a) Sweetwater Condoshare. The forty-four (44) condominium units designated in a document filed with the City Clerk’s office as Palm Springs Condoshare Project I; (b) Worldwide Vacations. The forty-eight (48) hotel rooms currently in existence and located at 75-188 Highway 111.” (Ord. 387 § 1, 1996) City of Indian Wells Printed on 5/13/2022Page 1 of 3
powered by Legistar™373
File #:070-22 Item #:B.
A “timeshare” is defined by the city’s zoning ordinance as:
“21.08.462 Time share project.
“Time share project” means one in which a person or entity receives the right or entitlement in perpetuity, for life or for a term of years or other extended term of the recurrent, exclusive use, right to use or occupancy of a lot, parcel, unit room(s), hotel or portion thereof, or segment of real property annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the time share program which is involved has been divided. The right or entitlement to occupancy may attach in advance to a specific lot, parcel, unit, room(s), or portion of a hotel or segment of real property, or may involve designation or selection of the same at a future time or times. The interest obtained or owned by the occupant may be pursuant to a fee, lease, contractual right of exclusive occupancy, vacation license, prepaid hotel, reservation, club membership, limited partnership, vacation bond or otherwise. (Ord. 387 § 1, 1996; Ord. 482 § 1, 2001)” And according to Pacaso’s website ( https://www.pacaso.com/learn >), Pacaso operates as follows:
“Co-ownership with Pacaso is the best way to buy and own a great second home.
From buying to closing here’s how Pacaso works. First, tell us a little about yourself and what you are looking for in a second home. Then, start shopping. If a listing currently on Pacaso is not a fit, find one you love on any real estate site and share it with us. If the home is a match for Pacaso, we will partner with you to purchase up to half of the property in a private and professionally managed LLC uniquely designed for co-ownership. This LLC is referred to as the Pacaso Home LLC. On behalf of Pacaso, we line up financing for the LLC and close quickly. In parallel Pacaso remarkets remaining ownerships shares in the home to interested buyers. Buyers can purchase their desired amount of ownership from one-eighth to one-half of the whole home. We enable qualified buyers to access funds in the LLC and finance up to half of their purchase. The financing relationship is directly between the LLC and the buyer.
Pacaso signs closing paperwork on behalf of the LLC. In parallel buyer signs the LLC owner operating agreement to complete their purchase. Ownership is recorded in the owner’s schedule section of the owner operating agreement. Following closing the collective owners own 100% ownership interest in the LLC. We transform the home with modern interior design and address any necessary repairs. Owners use the mobile app to book stays 2 days to 24 months in advance. Scheduling is easy and equitable based on the number of shares owned. From there we take care of everything, overseeing local property management, bill pay and platform technology, all from the mobile app. Owners simply show up, relax and enjoy their Pacaso.” However, Pacaso contested the application of the timeshare definition both in Indian Wells and in other cities. And soon after, Pacaso sued the city of St. Helena because that city applied its timeshare definition to Pacaso (a definition similar to our own). Pacaso raised novel arguments in its City of Indian Wells Printed on 5/13/2022Page 2 of 3
powered by Legistar™374
File #:070-22 Item #:B.
lawsuit against St. Helena, and the litigation has been expensive.
Rather than follow St. Helena’s course and risk an expensive, uncertain litigation, we waited to see if the St. Helena litigation revealed a clear path forward.
The St. Helena litigation is still on-going, but St. Helena recently amended its code to firm up its timeshare regulations. It is appears to be moving forward with regulating Pacaso’s use and business as a timeshare, and perhaps as a transitory lodging and commercial use in a residential area.
Meanwhile, our neighboring desert cities, Palm Springs and Palm Desert, who have also been following the St. Helena litigation, have started to move forward with regulating Pacaso.
DISCUSSION:
This discussion item was added to the agenda at the request of Council Member Greg Sanders and Mayor Reed. Pacaso has two homes in Indian Wells so far and is actively marketing its model in the city. The council may direct staff to take enforcement action against Pacaso. Or the council may direct staff to continue to wait and see what develops with the St. Helena litigation, or to stand down all together. The council may also direct staff and the city attorney to bring back proposed amendments to the city’s code to appropriately regulate Pacaso’s use and business.
City of Indian Wells Printed on 5/13/2022Page 3 of 3
powered by Legistar™375
The Hon. Mayor Dana Reed,
City of Indian Wells
Eldorado Drive Indian Wells, CA 92210
May 17, 2022
Dear Mayor Dan Reed :
We have always been very fond of the City of Indian Wells. Between the golf, the shopping and the tennis center, we have enjoyed many weeks/weekends in the area.
When we were looking into buying a second home, we considered many places, but ultimately settled on Indian Wells due to the proximity to our Orange County residence.
Since purchasing our Indian Wells home, we have enjoyed longer stays and created many more family memories due to the comfort of not being in a hotel, but rather in a home…our home.
I’m curious why the City of Indian Wells would discourage co-ownership as it is the same structure as if different family members set up an LLC and split the cost of the home and the operating costs.
The members of our Apache, LLC own the home. We only use it for our personal enjoyment and, while doing so, we spend money and create memories in the area.
Please view the co-ownership model in the same light as a group of family members purchasing a second home together and only using it for their own personal use.
We look forward to creating more memories (and spending a lot more money) in the City of Indian Wells.
Respectfully,
Jeff and Stephanie Brannon
Public Comment:
May 19, 2022
General Business Item #9B
The Hon. Mayor Dana Reed,
City of Indian Wells
Eldorado Drive Indian Wells, CA 92210
May 18, 2022
Dear Mayor Reed :
We find Indian Wells an EXTRAORDINARY place to live. We expect to continue living here until we are unable to drive safely.
We have two homes and spend about 3 months a year at our home in Indian Wells and about 7 months a year at our other home in Solana Beach, CA.
We are a quiet couple with great kids, grandkids, and friends who visit us when we're at this 4 -bedroom house from time to time. We NEVER would rent out our home for 2 days or 2 weeks or 2 months . . . NEVER.
We obey the laws and neighborhood regulations at all times and we are serious contributors to the economy of Indian Wells and the Coachella Valley in general.
It has come to our attention that the city of Indian Wells is looking at the possibility of imposing additional regulations and/or limits, or more, on us and fellow owners due strictly to our method of ownership - an LLC which is owned by ourselves and 6 other couples.
If my information is correct, this seems unusual and unequal at best and pre -biased and discriminatory at worst.
Should the city find this necessary, would they then investigate and regulate ALL LLCs, LPs, Family Trusts, and Corporations that own homes in Indian Wells with an eye toward regulating them, limiting them, or ending them for no other reason than how they're ownership is organized?
Without violating any current law or regulation?
It could not be in Indian Wells' intent (or to its benefit) to create a law that prohibits the violation of a law prior to any law that hurts another citizen being broken.
Does the city want to regulate group ownership of homes or discriminate based on the subtle differences between each format used for group ownership? For example: Does the city intend to tell 2 friends and their 5 brothers that they may not buy a house in Indian Wells? or 8 couples from the same church or synagogue that they can't? . . . EVEN IF A SIGNIFICANT NUMBER OF FELLOW RESIDENTS "DON'T WANT THOSE KIND OF PEOPLE LIVING NEXT TO THEM" .. .
We are loving Indian Wells and are starting to build long-term relationships (for just one example: the couple 3 doors down spend half time on Iroquois Drive and half the time in Del Mar, CA. We have met with them in both places.) We are enjoying local spots like The Nest, Eureka, The Pink Cabana, Vicki's, and many more. We shop at all the local shops in Indian Wells and of course Palm Desert. We go everywhere from Pappy & Harriet's out toward that Joshua Tree entrance to Indio to Old Town La Quinta, and found our favorite Mexican restaurant at Salsa's in Cathedral City.
Why should we be treated any differently than any other owner just by virtue of the method of our ownership?
Mr. Mayor, as HUGE supporters of everything Indian Wells, we urge you to let us stay in our home in Indian Wells and ask you to push back on those who wish to regulate or eliminate those who have different names on their legal titles of ownership.
Respectfully,
Darrell & Helen Brookstein
Indian Wells, CA 92210
From:Peggy Michel
To:Angelica Avila
Subject:Statement regarding Pacaso
Date:Wednesday, May 18, 2022 12:24:09 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Wednesday, May 18, 2022
Dear Indian Wells City Council Members:
Please see statement below regarding Pacaso.
“We were delighted to welcome Pacaso as a first-time sponsor of the BNP Paribas Open Tournament. The company's on-site presence during the tournament was well-received by Tournament attendees, and we have found the company to be a responsive and supportive partner. We appreciate their help in making this year's Tournament a success, and look forward to a long partnership.”
Best regards,
Peggy Michel
Peggy Michel
Assistant Tournament Director
VP of Sponsorships and Sales
78-200 Miles Avenue
Indian Wells, Ca 92210
[email protected]
760-200-8414
Public Comment:
May 19, 2022
General Business Item #9B
The Hon. Mayor Dana Reed,
City of Indian Wells
Eldorado Drive Indian Wells, CA 92210
May 18, 2022
Dear Mayor Dana Reed:
We purchased a co-ownership home at Apache Road. It is a beautiful home, perfect for my family and our lifestyle. We live in Denver, Colorado, and work full time, so owning a home that we can spend several weeks at is perfect for our lifestyle. My adult sons live in Los Angeles and can visit easily and join us there with our first grandchild.
In addition, the amount of money that we bring into the community is a benefit to the city and the surrounding communities. When we fly into town, we rent a car. Then we go to the market and shop. We now play golf at the Indian Wells golf course, and my husband has hired a golf instructor on many occasions.
We have enjoyed The Vue on many occasions, along with the nearby restaurants, shops, hotels, and spas. Why would you want to limit this platform that has only brought gorgeous homes and income into your community? What is the downside? We have gotten to know our neighbors, had them over for drinks and dinner and enjoyed meeting their children. We respect this beautiful neighborhood and enjoy walking the area to take in the gorgeous mid-century modern architecture. We have had barbeques and pool time with our new friends and neighbors.
Pacaso has screened all the owners by doing background checks, verified their income, and managed the property by hiring house cleaners, pool cleaners, gardeners, and house managers that also help support the city. Again, more money and resources support the community.
So I ask you, what is the negative aspect of this ownership? I hope to enjoy my home for years and create more memories with my growing family!
Thank you,
Jill Muller
Indian Wells, CA 92210
Public Comment:
May 19, 2022
General Business Item #9B
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-010-22 Item #:C.
Indian Wells City Council
Staff Report - Public Works May 19, 2022 Proposed Ordinance Updating Section 8.16 Trees and Shrubs to the Municipal Code for the purpose of providing clear guidance for planting, maintaining, and/or removing trees from streets, open space, and other public spaces in support of the City being recognized as a member of the Tree City USA Program
RECOMMENDED ACTIONS:
Council INTRODUCES Ordinance No. 740 to read by title only and further reading waved adding Municipal Code Section 8.16 Trees and Shrubs; and
FINDS the action Exempt from the California Environmental Quality Act (CEQA).
DISCUSSION:
In 1976, the Arbor Day Foundation established the Tree City USA Program to recognize and celebrate cities and towns across the United States that meet program standards to properly manage and expand their public tree canopy, and to promote a greener, healthier America.
The City applied to become a Tree City USA community, which requires the completion of specific steps to show a commitment to the requirements of the program. Membership in this program shows communities are committed to caring for public trees and the importance trees are in their community. The program recognizes the City’s efforts to preserve landscaping throughout the community, especially the iconic Date Palms along Highway 111 and the large tree canopy at the Indian Wells Golf Resort. Participation in this program also opens new grant opportunities for the City. The City’s application is pending completion of the various steps.
To qualify for the Tree City USA recognition, Indian Wells must meet four core standards. The City has completed three of the core standards, listed below:
1. Identify a person or department to be responsible for the care of all trees on city owned property.
City of Indian Wells Printed on 5/13/2022Page 1 of 3
powered by Legistar™376
File #:ORD-010-22 Item #:C.
The City of Indian Wells’ application includes the designation of the Public Works Department as the responsible department. (COMPLETED)
2. Invest a minimum of $2 per capita per year on urban forestry program activities (e.g., planting, care, and removal of city trees).
This core standard requires a minimum City investment of approximately $10,000 a year for the maintenance and care of trees in the community. Currently, the City invests over $70,000 a year for tree maintenance and care throughout the community (e.g., Highway 111 corridor, including the groves at Cook Street and Highway 111, and this amount does not include funds used at the Indian Wells Golf Resort).
3.Annually, adopt an Arbor Day Proclamation and hold an Arbor Day Ceremony.
Annually, the City Council will approve an Arbor Day Proclamation. This year Arbor Day was on April 29, 2022 and a celebration was held at the City owned Golf Resort. In addition, the City will collaborate with the Community Activities Committee to plant a tree in the community or some other Arbor Day Ceremony/Celebration every year.
The final core standard for Indian Wells to complete is the adoption of a tree care ordinance that provides clear guidance for planting, maintaining, and/or removing trees from streets, open space, and other public spaces.
The City Attorney’s Office has drafted an update to the Municipal Code to include a municipal tree ordinance that meets the needs of the City, provides for the proper maintenance and care of public trees, and satisfies the Tree City USA Program requirements.
The updated ordinance sets clear standards for tree choice and maintenance to preserve the beauty and health of trees in Indian Wells. The ordinance defines common terminology, identifies preferred species, sets maintenance responsibilities, and prohibits intentional damage to trees. The ordinance also provides a structure for managing tree owners who do not maintain trees under their responsibility.
ENVIRONMENTAL:
Under California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
City of Indian Wells Printed on 5/13/2022Page 2 of 3
powered by Legistar™377
File #:ORD-010-22 Item #:C.
FISCAL IMPACT:
The amount of tree maintenance varies from year to year; however, a conservative estimate of tree care expenditure is 10% of the City-wide landscape contract. The total landscape contract is $731,350 and a conservative estimate of tree specific expenditure $73,000. This estimate includes trimming, fertilizing, removal, and replacement of the existing tree inventory throughout the City.
This amount does not include special projects relating to tree maintenance or replacement.
ATTACHMENT:
1. Ordinance No. 740
City of Indian Wells Printed on 5/13/2022Page 3 of 3
powered by Legistar™378
Tree City USA Ordinance
At Dais: May 19, 2022
General Business Item #9C-
Tree City USA
Tree City USA Program
Technical Assistance
Public Attention/National Recognition
Online Resources
Grant Opportunities
There are over 3,600 recognized cities across America in the Tree City USA program including:
Beverly Hills, CA
Calabasas, CA
Irvine, CA
Only one other city in the Coachella Valley has the Tree City USA designation.
Benefits of Trees:
Neighborhoods average 25% energy savings
Green space improve mental and physical health
Trees absorbs carbon dioxide reducing the effects of climate change
Required Steps to Become a Tree City USA
Member:
1.Designate a responsible department
2.Adopt a tree care ordinance
3.Invest a minimum of $10,000/year in a tree
program
4.Have an annual Arbor Day proclamation and
ceremony
Let’s “Branch out ” and
join this program
ORDINANCE NO. 740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, REPLACING CHAPTER 8.16 OF THE CITY OF
INDIAN WELLS MUNICIPAL CODE REGARDING TREES AND
SHRUBS
WHEREAS, the City of Indian Wells recognizes the importance of trees to the residents of and visitors to Indian Wells, and that the community has an interest in preserving trees as important natural resources which provide scale, color, aroma, visual buffers between land uses, and increased property values, and which contribute to the environment by improving general aesthetics, modifying temperatures by providing shade and reducing heat and glare, reducing wind velocity, purifying and replenishing oxygen, controlling soil erosion, and providing wildlife habitat; and WHEREAS, the purpose of the requirements adopted by this Ordinance is to regulate the placement and provide for the proper selection of new trees to minimize problems in public facilities, to establish requirements for the preservation and proper maintenance of existing trees located on public property, and generally to promote the planting and preservation of trees in Indian Wells; and WHEREAS, the City Council has established a goal of Indian Wells earning the “Tree City USA” designation awarded by the National Arbor Day Foundation, one requirement of which is the adoption of an ordinance to provide guidance for planting, maintaining, and removing trees from public places, and the City Council intends for this Ordinance to meet this requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Incorporation of Recitals. The City Council finds the recitals set forth above are true and correct and hereby adopts and incorporates the recitals herein as findings in support of this Ordinance.
SECTION 2: Amending Chapter 8.16. Chapter 8.16 of the Indian Wells Municipal Code is hereby replaced in its entirety to read as follows. “Chapter 8.16 TREES AND SHRUBS
8.16.010 - Purpose.
To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the City Council herein delegates the ATTACHMENT #1
379
City of Indian Wells
Ordinance No. 740
authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.
8.16.020 - Definitions.
For the purposes of this Chapter, the following words and phrased have the meanings respectively ascribed to them as follows:
City – means the City of Indian Wells.
Damage – means any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
Indian Wells Municipal Code – means any ordinance adopted by the City of Indian Wells regardless of whether it has been codified.
Maintain or maintenance – means the care of trees and shrubs, including but not limited to the preparation of ground, fertilizing, mulching, spraying, root control, treating for disease or injury, or any other similar acts which promote the life, growth, health, or beauty of such trees or shrubs, except to trim or prune.
Nuisance – means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
Parkway – means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
Person – includes corporations, partnerships, and associations existing under or authorized by the laws of the State of California.
Planting – includes planting and replacement.
Planting strip - means the area capable of being planted between curb or place where curb should be and the property line.
Public property – includes parks, parkways, playgrounds, areas around public buildings, squares and places such as traffic divider strips or islands, and all other areas under the supervision and maintenance of the City and which are now, or may hereafter, be dedicated to public use.
380
City of Indian Wells
Ordinance No. 740
Public tree – means any tree or woody vegetation on city-owned or city- maintained property or rights-of-way.
Street - includes any public street, avenue, boulevard, land, walk, road, parkway, alley right-of-way, or other public way.
Top or Topping – means the non-standard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
Trim or prune – means the removal of limbs and fruit and branches as necessary to properly train the trees to promote healthy growth, for public safety, for aesthetic purposes, to provide clearance for traffic control, and vehicles. Trees shall be trimmed and pruned annually or biannually, depending upon the type of tree.
8.16.030 – Authority and Power
(a) Delegation of authority and responsibility. The Director of Public Works and/or their designee, hereinafter referred to as the “Director”, shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(b) Coordination among City departments. All City departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Director.
(c) Interference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement of this Chapter.
8.16.040 – Tree Planting and Care Standards.
(a) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture. (b) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards. 381
City of Indian Wells
Ordinance No. 740
(c)Preferred species list. The Director shall maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity).
Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director. (d)Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.
(e)Planting trees under electric utility lines. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within 15 lateral feet of any overhead utility wire.
8.16.050 – Prohibition Against Harming Public Trees
(a)It shall be unlawful for any person to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director. (b)It shall be unlawful for any person to attach any cable, wire, sign, or any other object to any street, park, or public tree.
(c) It shall be unlawful for any person to “top” any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director. (d)Any person or City department performing construction near any public tree(s) shall consult with the Director and shall employ appropriate measures to protect the tree(s), according to procedures contained in the Best Management Practices (BMPs) for “Managing Trees During Construction” published by the International Society of Arboriculture.
(e)Each violation of this section as determined and notified by the Director shall constitute a separate violation, punishable by fines and penalties under Section
8.16.080, in addition to mitigation values placed on the tree(s) removed or damaged in violation of this Chapter.
8.16.060 – Adjacent Owner Responsibility
(a)It shall be the responsibility of the property owners, lessee, tenant, or occupant to trim or prune and maintain all trees, shrubs, grass or other plantings now in existence or hereafter planted in the planting strip of the property under such person’s control.
382
City of Indian Wells
Ordinance No. 740
(b)The failure of any property owner, tenant, lessee, or occupant to properly trim or prune trees, shrubs, grass or other plantings, or to properly maintain the same, along the planting strips on the property frontage under his or her control in accordance with this Chapter, shall be deemed a hazard to the public safety and a nuisance, and compliance may be obtained in the same manner as a nuisance is provided for under the ordinances of the City.
(c)If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner.
8.16.070 – Certain Trees Declared a Nuisance
(a)Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal.
(b)Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner's expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period. (c)The Director or his or her authorized agent shall cause a notice to be issued to the property person or persons to abate a hazard whenever the Director or his or her authorized agent has determined that a hazard exists. The enforcing agent shall abate such hazard in accordance with the regulations of Chapter 8.08.
8.16.080 – Violations and Penalty
Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000.00) for each offense.
8.16.090 – Procedures for Citations and Appeals
Administrative citations for violations, including potential appeals of such administrative citations, of this Chapter shall be made pursuant to the procedures outlined in Chapter 1.20 of the Indian Wells Municipal Code.
8.16.100 – Local Government Disclaims Liability
Nothing contained in this section imposes any liability upon the City, its officers or employees, or relieves the owner of any property from the duty to keep any tree, 383
City of Indian Wells
Ordinance No. 740
shrub, or plant upon his property or under his control in such a condition as to prevent it from constituting a public nuisance.”
SECTION 3: Effective Date. This Ordinance shall become effective immediately thirty (30) days following its adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published on the City’s website and published once in a newspaper of general circulation published and circulated within the City.
PASSED, APPROVED, and ADOPTED, by the City Council of the City of Indian Wells, California, at a regular meeting held on this ______ day of _____, 2022. _______________________
Dana Reed
Mayor
384
City of Indian Wells
Ordinance No. 740
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 740
I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 740 , having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ___ day of ____, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of said City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
385
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-011-22 Item #:D.
Indian Wells City Council
Staff Report - Public Works May 19, 2022 Proposed Ordinance Adding Chapter 12.03, Pavement Cut Moratorium RECOMMENDED ACTIONS:
Council INTRODUCES Ordinance No. 741 to read by title only and further reading waved adding Municipal Code Chapter 12.03, Pavement Cut Moratorium; and FINDS the action Exempt from the California Environmental Quality Act (CEQA).
DISCUSSION:
Roadway maintenance is one of a City’s largest capital investment. The City of Indian Wells, for example, is positioned to invest nearly $3,500,000 in the upcoming fiscal year to maintain Highway 111, Club Drive, and various local streets. A threat to the maintenance of the roadways, particularly newly paved roadways, is when they are cut open for utility projects. These cuts leave “scars” and weaknesses in the pavement that subject the foundation of the roadway to potential damage.
As described above, the City has various projects underway for pavement rehabilitation underway and action is necessary to preserve the integrity of the newly paved streets from excavation and trenching. Trenching for utility replacements or repairs is often unavoidable; however, many agencies have pavement cutting moratorium ordinances that restrict or limit such excavations in newly paved streets and require more substantial pavement restoration if exceptions to the restrictions are authorized to reduce the impacts of the cut. The subject ordinance would add Section
12.03 to existing IWMC Title 12 to make the protections in force immediately after the paving project has occurred, and to reference the pavement restoration standards to be codified in new IWMC Section 12.03 for any cuts that may be authorized during the five-year protection period.
The proposed ordinance prohibits excavations in newly paved streets for a period of five years after completion of the paving. It describes exceptions to the prohibition for emergencies and other situations in which there are no other reasonable alternatives.
City of Indian Wells Printed on 5/13/2022Page 1 of 2
powered by Legistar™386
File #:ORD-011-22 Item #:D.
ENVIRONMENTAL:
Under the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
ATTACHMENT:
1. Ordinance No. 741
City of Indian Wells Printed on 5/13/2022Page 2 of 2
powered by Legistar™387
ORDINANCE NO. 741
ADDING SECTION 12.03 OF THE MUNICIPAL CODE TO ESTABLISH A PAVEMENT CUT MORATORIUM; AND FINDING THE ORDINANCE
TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells maintains approximately 6 million square feet of street pavement; and
WHEREAS, pavement deteriorates overtime from environmental conditions and traffic loading, as well as excavations into the street such as trenching; and WHEREAS, a pavement cutting moratorium restricts such excavations in newly paved streets, and requires more substantial pavement restoration if exceptions to the restriction are authorized to reduce the impacts of the work; and WHEREAS, the purpose of the moratorium is to protect the public’s investment in its infrastructure and ensure roadways of not deteriorate faster than expected; and WHEREAS, the City desires and intends to add Section 12.03., Pavement Cut Moratorium, to the Indian Wells Municipal Code (“IWMC”); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are trued and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 3. Code Amendments. Title 12 of the Indian Wells Municipal Code is hereby amended as set forth in Attachment “A” hereto and incorporated herein by reference.
SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.
SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any ATTACHMENT #1
388
City of Indian Wells
Ordinance No. 741
reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council and the people of the City of Indian Wells hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the __th day of ___2022.
______________________________
DANA REED
MAYOR
389
City of Indian Wells
Ordinance No. 741
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 741
I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 741, having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ___ day of ____, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
390
City of Indian Wells
Ordinance No. 741
ATTACHMENT “A”
TITLE 12 MUNICIPAL CODE ADDITION
***
I. Additions.
The following additions are made to Title 12 of the Indian Wells Municipal Code:
1. Section 12.03 is hereby added to read in its entirety as follows:
12.03.010 Purpose.
A. The purpose of the pavement cut moratorium in this chapter is to protect the city's investment in its infrastructure; and to preserve the life of streets to provide an improved driving surface and a more pleasing appearance to roadway surfaces that have undergone utility work.
B. No entity or organization shall be exempt from the requirements of this chapter including, but not limited to, utility companies, state agencies, federal agencies, school districts, and private developers.
(Ord. XXX 2022)
12.03.020 Definitions.
The following definitions are applicable within this chapter:
"Completion date" means the date the notice of completion was adopted by the city council for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements for a private development, this date shall be the date the notice of completion for the development was adopted by the city council; for public improvements for which a notice of completion was not adopted by the city council, this date shall be the actual date of completion of the work.
"Director" means public works director/city engineer or designee. "Excavate" or "excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Chapter 12.04. "Permit" means written authorization from the Director to excavate, 391
City of Indian Wells
Ordinance No. 741
encroach upon, or obstruct a public right-of-way.
"Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other city-owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the city for public use.
"Roadway" means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the city for vehicular or pedestrian travel. “Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.
12.03.030 Moratorium, exceptions.
A. Except as set forth in subsection B. of this section or Section 12.03.040, permission to excavate in roadways shall not be granted for five (5) years after the completion date of roadway construction or maintenance, including but not limited to an overlay, chip seal, slurry seal coatings, micro paving, or other maintenance of the roadway surface. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced roadways.
B. Exceptions to the above moratorium may be permitted in the following situations at the discretion of the Director:
1. Emergencies which endanger life, property or public health and safety.
2. Interruption of essential utility service.
3. Work that is mandated by city, state, or federal legislation.
4. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.
5. Other situations deemed by the Director to be in the best interest of the general public.
392
City of Indian Wells
Ordinance No. 741
12.03.040 Excavation waiver.
A. To excavate within a roadway within five (5) years of the completion date, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the Director. The request must include:
1. The location of the excavation.
2. Description of the work to be performed.
3. A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced.
4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.
5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.
B. In the event the waiver is granted under subsection A., any excavation in the roadway shall be repaired with full-lane paving on the street as follows:
1. Overlaid or reconstructed roadway: All lanes that are affected shall be ground down one-and-a-half (1.5) inches and paved with one-and-a-half (1.5) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the Director. Some roadways may require rubberized asphalt or other materials.
2. Slurry sealed, chip sealed, or micro-surfaced streets: All lanes that are affected shall be resurfaced to the satisfaction of the Director with a treatment similar to what was previously utilized.
3. For trenches perpendicular to the curb face, the trench shall be resurfaced for the entire trench width plus ten feet on each side of the trench (i.e. twenty feet plus the width of the trench) along the entire length of the impacted lane or lanes. For trenches parallel to the curb face, the entire lane shall be resurfaced along the entire length of the trench plus ten feet on each end (i.e. twenty feet plus the length of the trench).
4. Exception: Full-lane width restoration shall not be required during a curb and gutter restoration in which the city has exempted the contractor from removing and replacing the required eighteen (18) inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection 393
City of Indian Wells
Ordinance No. 741
determining the pavement cut is smooth and straight along the gutter lip and existing asphalt.
C. Exceptions to subsection (B) may be permitted at the discretion of the Director to repair existing utilities, not associated with a construction project in the following cases:
1. Emergencies which endanger life, property or public health and safety.
2. Interruption of essential utility service.
3. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.
4. Other situations deemed by the Director to be in the best interest of the general public.
394
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-012-22 Item #:E.
Indian Wells City Council
Staff Report - City Attorney May 19,2022 Consider and Adopt an Ordinance Streamlining Public Hearing Notice Procedure for Development and Zoning Matters
RECOMMENDED ACTIONS:
Council CONSIDERS and INTRODUCES Ordinance No. 740 streamlining public hearing notice procedure for development and zoning matters; and
FINDS the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061 (b)(3).)
REPORT-IN-BRIEF:
The proposed ordinance amends Sections 21.06.100 and 21.10.030 of the Indian Wells Municipal Code (“IWMC”) to streamline public hearing notice procedure for development and zoning matters.
BACKGROUND:
As a charter city, the City of Indian Wells has broader powers and autonomy to enact local land use regulations than do general law cities. Although charter cities are required to follow and are controlled by general state laws for matters of statewide concern, regulations of a charter city that exclusively relate to that city's municipal affairs predominate when they conflict with general state law. (Bishop v. City of San Jose (1969) 1 Cal.3d 56, 62.) Charter cities operating under a charter that contains “home rule” provisions have authority to exercise full control over their municipal affairs subject only to limitations found in the state constitution or the city charter. (See Cal Const art XI, §§5-6, 8;Rivera v. City of Fresno (1971) 6 Cal.3d 132, 135, overruled on other grounds in Yamaha Corp. v. State Bd. of Equalization (1998) 19 Cal.4th 1.) The City’s charter embodies this principal and states, “[w]e the people of the City of Indian Wells declare our intent to restore to our community the historic principles of self governance City of Indian Wells Printed on 5/13/2022Page 1 of 3
powered by Legistar™395
File #:ORD-012-22 Item #:E.
Indian Wells declare our intent to restore to our community the historic principles of self governance inherent in the doctrine of home-rule.”
State law provisions governing planning and zoning such as the Planning and Zoning Law (Gov.
Code, §§65000-66499.58) generally apply to general law cities. However, these laws do not apply to charter cities unless a charter city has adopted these state statutes by ordinance or through its city charter (Gov. Code, §§65700(a), 65803), or unless the legislature requires their application (see, e.g., Gov. Code, §65700(b).)
Under the Planning and Zoning Law, certain approvals (i.e. zoning ordinance adoption/amendment, General Plan adoption/amendment, development agreement approval/amendment/cancellation) require public hearings before the Planning Commission (as a recommendation) and City Council (as a final action). Each public hearing requires a separate notice, with the City Council notice including the Planning Commission’s recommendation. (See Gov. Code, §§ 65090, 65092, 65355, 65853, 65856, 65867.)
DISCUSSION:
For the above-mentioned approvals that require Planning Commission review and City Council action, the City currently follows Government Code procedure and sends a 10-day notice for the Planning Commission public hearings followed by another 10-day notice for the City Council public hearing that includes the Planning Commission recommendation.
The proposed Ordinance would amend the public hearing notice procedures to allow combined public hearing notices (i.e., a notice containing hearing dates for both Planning Commission and City Council) as is permissible under the City’s Charter and State law.
The proposed Ordinance would amend IWMC Title 21 Zoning Code, Chapter 21.06 General Regulations, Section 21.06.100 Public Notices to include the following provision:
(2) Combined Notice. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time, and place of both public hearings as well as the identity of both hearing bodies and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be mailed at least 10 days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.” Additionally Zoning Code Chapter 21.10 Development Practices and Development Agreements, Section 21.10.030 Planning Commission review would be amended to refer back to Section
21.06.100 (above) for public hearing notice procedure when reviewing development agreements.
City of Indian Wells Printed on 5/13/2022Page 2 of 3
powered by Legistar™396
File #:ORD-012-22 Item #:E.
21.06.100 (above) for public hearing notice procedure when reviewing development agreements.
Currently, the section cites to the Government Code. This change is proposed to create consistency and focus on local authority.
The combined notice procedure would also apply to General Plan amendments. However; IWMC Section 21.06.015 General Plan amendments does not require amendment because it already references Section 21.06.100 (above) for General Plan amendment public hearing notice procedure.
Streamlining the public hearing notice process will improve efficiency by reducing staff time and costs while continuing to provide sufficient notice of development/zoning-related public hearings.
ENVIRONMENTAL:
The proposed Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Under Title 14 of the California Code of Regulations, Section 15061(b)(3), that the proposed Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ATTACHMENTS:
1. Ordinance No. 742
2. Municipal Code Changes
City of Indian Wells Printed on 5/13/2022Page 3 of 3
powered by Legistar™397
Judith Schurr
Indian Wells, CA 92210
May 19, 2022
City of Indian Wells
City Council
44-950 Eldorado Drive
Indian Well, CA 92210
Re: City Council Meeting–May 19, 2022
Agenda Item 9E--ORD-012-22
City Council Members:
Proposed Ordinance No. 742 states in relevant part: “...the City desires to combine public hearing notices for matters requiring a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action) to streamline development and zoning approvals...”
The attachment to the agenda item showing the Municipal Code changes, i.e., showing the redline additions and deletions to the existing Code, reveals that the proposed changes go beyond the intent of the above quoted statement. The Municipal Code changes delete the requirement that the notice contain the nature of the request and location of the property. It also deletes the requirement of a cover letter summarizing the nature of the proposed action.
If it is the intention of the City Council to provide only notice of the date and time of the Planning Commission/City Council hearings, without any description of the proposed development action, as a resident of the City of Indian Wells, I object to the adoption of the proposed Ordinance No. 742. In my view the proposed deletions, if adopted, would result in defective notice for the proposed development actions..
Thank you for your consideration.
Respectfully,
Judith Schurr
65283.00005\35021567.3 1
ORDINANCE NO. 742
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, AMENDING INDIAN WELLS MUNICIPAL
CODE SECTIONS 21.06.100 AND 21.10.030 TO STREAMLINE
PUBLIC HEARING NOTICE PROCEDURE FOR DEVELOPMENT AND
ZONING MATTERS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
WHEREAS, the City of Indian Wells (“City”) is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, the City’s police powers include without limitation the ability to adopt procedural rules to carry out comprehensive zoning and land use regulations within the City; and
WHEREAS, under its police powers as a charter city, the City desires to combine public hearing notices for matters requiring a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action) to streamline development and zoning approvals; and
WHEREAS, the City Council now seeks to amend Indian Wells Municipal Code Sections 21.06.100 Public Notices and 21.10.030 Planning Commission review to accomplish this goal; and
WHEREAS, the amendments in this ordinance do not affect land uses or change development potential, but are purely procedural, and so may be authorized by the City Council without Planning Commission recommendation or public hearing; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are hereby incorporated and ATTACHMMENT #1
398
65283.00005\35021567.3
City of Indian Wells
Ordinance No. 742
adopted as findings of the City Council as if fully set forth herein.
Section 2. The City Council finds that the proposed Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that the proposed Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Section 3. Indian Wells Municipal Code Title 21 Zoning Code, Chapter 21.06 General Regulations, Section 21.06.100 Public Notices, subsection (b) is hereby amended as follows:
“21.06.100 Public Notices
…
(b) Public Notices.
(1) Required Time of Noticing. Notice of a public hearing shall be given by mailing, not less than ten (10) days or more than sixty (60) days prior to the date of the hearing, postage prepaid.
(2) Combined Notice. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time, and place of both public hearings as well as the identity of both hearing bodies, the environmental-review status, and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be mailed at least 10 days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.
(3) Required Notification. Notices shall be posted and mailed to the 399
65283.00005\35021567.3
City of Indian Wells
Ordinance No. 742
applicant, all parties requesting said notifications to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project and to all addresses on the notification list required by Section 21.06.100(a). (4) Waiver of Noticing Requirement. In the event that the number of owners and tenants to whom notice would be sent is greater than one thousand (1000), notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having the greatest circulation within the area affected by the proposed action.
(5) Time Period. For the period of mailing notice under Section
21.06.100(b)(1), the time period is calculated from the date that the public agency deposits a written copy of the notice in the United States mail, first- class, postage prepaid.”
Section 4. Indian Wells Municipal Code Title 21 Zoning Code, Chapter 21.10 Development Practices and Development Agreements, Section 21.10.030 Planning Commission Review, subsection (a)(1) is hereby amended as follows:
“21.10.030 Planning Commission review.
(a) Notice of Intention to Consider. Upon receipt of a proposed development agreement, the Planning Director shall give notice of the intention of the Planning Commission to consider adoption of the development agreement. (1) Time and Manner. All notices required pursuant to this Chapter shall be given pursuant to the requirements of Section 21.06.100 (Public Hearings). (2) Failure to Receive Notice. The failure of any person entitled to notice to receive such notice shall not affect the authority of the City to enter a development agreement. The failure of any person entitled to notice to receive such notice shall not invalidate a development agreement processed and approved in accordance with the terms set forth herein.”
Section 5. If any part of this ordinance is adjudicated to be invalid, the invalid part is given no effect and the rest of the ordinance is to be given full effect.
Section 6. This Ordinance takes effect 30 days following its adoption. The city clerk is directed to publish this ordinance in the manner and within the time prescribed 400
65283.00005\35021567.3
City of Indian Wells
Ordinance No. 742
by law.
401
65283.00005\35021567.3
City of Indian Wells
Ordinance No. 742
PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the _____ day of ______ 2022.
_______________________________
DANA REED
MAYOR
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS)
CERTIFICATION FOR ORDINANCE NO.
I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 742 , having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ___ day of ____, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ ANGELICA AVILA TODD R. LEISHMAN
CITY CLERK CITY ATTORNEY
402
26529.00000\40045237.1
ATTACHMENT “2”
This attachment shows the updates to the Indian Wells Municipal Code in redline.
Additions to the Municipal Code are shown in underlined text. Deletions are shown in strikethrough.
I. INDIAN WELLS MUNICIPAL CODE TITLE 21 ZONING CODE, CHAPTER
21.06 GENERAL REGULATIONS, SECTION 21.06.100 PUBLIC NOTICES,
SUBSECTION (B)
“21.06.100 Public Notices
…
(b) Public Notices.
(1) Required Time of Noticing. Notice of a public hearing shall be given by mailing, not less than ten (10) days or more than sixty (60) days prior to the date of the hearing, postage prepaid.
(2) Combined Notice. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time, and place of both public hearings as well as the identity of both hearing bodies, the environmental-review status, and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be mailed at least 10 days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.
(3) Required Notification. Notices shall be posted and mailed to the applicant, all parties requesting said notifications to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project and to all addresses on the notification list required by Section 21.06.100(a). (4) Waiver of Noticing Requirement. In the event that the number of owners and tenants to whom notice would be sent is greater than one thousand (1000), notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one-eighth (1/8) page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall State the nature of the request, the location of the property (text or diagram), the environmental review status, the date, time, and place of the scheduled hearing(s), and the hearing body(ies).
(5) Notice Content. Notices shall State the nature of the request, location of the property (text and diagram), the environmental review status, the 403
26529.00000\40045237.1
ATTACHMENT “2”
date, time and place of the scheduled hearing(s), and the hearing body(ies). (i) Cover Letter. A cover letter prepared by the Director of Community Development or designee summarizing the
nature of the proposed action or request shall accompany each notice.
(ii) Time Period. For the period of mailing notice notification as addressed in under Section 21.06. 100(1), the time period is calculated shall commence from the date that the public agency deposits a written copy of the notice in the United State mail, first-class, postage prepaid.”
II. INDIAN WELLS MUNICIPAL CODE TITLE 21 ZONING CODE, CHAPTER
21.10 DEVELOPMENT PRACTICES AND DEVELOPMENT AGREEMENTS, SECTION 21.10.030 PLANNING COMMISSION REVIEW, SUBSECTION (A)(1) “21.10.030 Planning Commission review.
(a) Notice of Intention to Consider. Upon receipt of a proposed development agreement, the Planning Director shall give notice of the intention of the Planning Commission to consider adoption of the development agreement. (1) Time and Manner. All notices required pursuant to this Chapter shall be given as required by Sections 65867, 65090 and 65091 of the Government Code pursuant to the requirements of Section 21.06.100 (Public Hearings). (2) Contents. The notice of intention to consider adoption of the development agreement shall contain: (i) the date, time and place of the hearing; (ii) the identity of the hearing body; (iii) a general explanation of the matter to be considered, including a general description of the location of the real property that is the subject of the development agreement; and (iv) other information required by law for which the Planning Director considers necessary or desirable. (32) Failure to Receive Notice. The failure of any person entitled to notice to receive such notice shall not affect the authority of the City to enter a development agreement. The failure of any person entitled to notice to receive such notice shall not invalidate a development agreement processed and approved in accordance with the terms set forth herein.”
404
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-013-22 Item #:F.
Indian Wells City Council
Staff Report - City Attorney May 19, 2022
Proposed Ordinance Adding Section 1.16.030 to the Municipal Code to Address Application-Processing and Code Violations and Finding the Action to be Exempt from CEQA
RECOMMENDED ACTIONS:
Council INTRODUCES Ordinance No. 743 to read by title only and further reading waved adding Municipal Section 1.16.030 Effect on Application Processing to the municipal code; and FINDS the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061 (b)(3).)
REPORT-IN-BRIEF:
The proposed ordinance adds Sections 1.16.030 to the Indian Wells Municipal Code (“IWMC”) to clarify that the City does not have to accept or process an application from a person who either (a) owes the City money or (b) is in violation of the municipal code, unless the application is to correct the violation.
BACKGROUND:
As a Charter City, the City of Indian Wells has broader powers and autonomy to enact regulations than do general law cities. Although charter cities are required to follow and are controlled by general state laws for matters of statewide concern, regulations of a Charter City that exclusively relate to that City's municipal affairs predominate when they conflict with general state law.
Charter cities operating under a charter that contains “home rule” provisions have authority to exercise full control over their municipal affairs subject only to limitations found in the state constitution or the city charter. The City’s charter embodies this principal and states, “[w]e the people of the City of Indian Wells declare our intent to restore to our community the historic City of Indian Wells Printed on 5/13/2022Page 1 of 2
powered by Legistar™405
File #:ORD-013-22 Item #:F.
principles of self-governance inherent in the doctrine of home-rule.” From time to time, the City receives inquiries and even applications from persons who have not paid debts that they owe to the City or who have on-going violations of the municipal code.
DISCUSSION:
The City Attorney and staff are committed to orderly and lawful enforcement of the municipal code.
To that end, the City Attorney recommends for the Council’s consideration, an amendment to add the following as Section 1.16.030 Effect on Application Processing:
1.16.030 Effect on Application Processing
Notwithstanding any other part of this code, the City may refuse to accept an application for processing if either (a) the applicant owes the City money or (b) the applicant, or the property that is the subject of the application, is in violation of any part of this code, unless the application is to correct the violation.
This provision will further allow the City to hold applicants accountable for complying with the city’s regulations.
ENVIRONMENTAL:
The proposed Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Under Title 14 of the California Code of Regulations, Section 15061(b)(3), that the proposed Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
ATTACHMENT:
1. Ordinance No. 743
City of Indian Wells Printed on 5/13/2022Page 2 of 2
powered by Legistar™406
26529.00000\40048325.1
1 ORDINANCE NO. 743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, ADDING SECTION 1.16.030 TO THE
MUNICIPAL CODE TO ADDRESS APPLICATION-PROCESSING AND
CODE VIOLATIONS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
WHEREAS, the City of Indian Wells (“City”) is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, the City’s police powers include without limitation the ability to adopt procedural rules to enforce regulations within the City; and WHEREAS, under its police powers as a charter city, the City desires to ensure that code violations are corrected and debts owed to the City are timely paid; and WHEREAS, the City Council now seeks to amend Indian Wells Municipal Code to add Section 1.16.030 Effect on Application Processing to accomplish this goal; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION. 2. The City Council finds that the proposed Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that the proposed Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a ATTACHMENT #1
407
26529.00000\40048325.1
City of Indian Wells
Ordinance No. 743
significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3. 1.16.030 Effect on Application Processing is hereby added to Title 1 General Provisions, Chapter 1.16 General Penalty, of the Indian Wells Municipal Code, to read in its entirety as follows:
“1.16.030 Effect on Application Processing
Notwithstanding any other part of this code, the City may refuse to accept an application for processing if either (a) the applicant owes the City money or (b) the applicant, or the property that is the subject of the application, is in violation of any part of this code, unless the application is to correct the violation.” SECTION 4. If any part of this ordinance is adjudicated to be invalid, the invalid part is given no effect and the rest of the ordinance is to be given full effect.
SECTION 5. This Ordinance takes effect 30 days following its adoption. The city clerk is directed to publish this ordinance in the manner and within the time prescribed by law.
PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the ____ day of ___________ 2022.
_______________________
DANA REED
MAYOR
408
26529.00000\40048325.1
City of Indian Wells
Ordinance No. 743
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS)
CERTIFICATION FOR ORDINANCE NO. 743
I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. , having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ___ day of ____, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ ANGELICA AVILA TODD R. LEISHMAN
CITY CLERK CITY ATTORNEY
409
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:077-22 Item #:A.
Presentation of Plaque to Council Member Kimberly Muzik City of Indian Wells Printed on 5/13/2022Page 1 of 1
powered by Legistar™410
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-030-22 Item #:G.
Indian Wells City Council
Staff Report - City Clerk May 19, 2022 Resolution Calling for a General and Special Municipal Election on November 8, 2022
RECOMMENDED ACTION:
Council ADOPTS Resolution No. 2022-29 calling and giving notice of the holding of a general and special municipal election to be held concurrently with the statewide general election on Tuesday, November 8, 2022, for the election of certain officers as required by the laws of the State of California; adopting regulations pertaining to materials submitted to the electorate and costs thereof; and requesting the Board of Supervisors of the County Riverside to consolidate said general and special municipal election with the statewide general election to be held on the same date.
DISCUSSION:
As the first step in the election process every two years, the City Council must adopt a resolution calling for the general municipal election, this time scheduled for Tuesday, November 8, 2022, to be held concurrently with the statewide general election. Slated for this general municipal election are two (2) City Council Member seats currently held by Dana Reed and Richard Balocco. These seats will be elected for a full four-year term.
In addition, due to a recent vacancy on the City Council from Kimberly Muzik’s resignation, the City Council must also call a special municipal election to fill the vacancy pursuant to California Government Code section 36512 for the remaining two-year term. The special municipal election is likewise scheduled for on Tuesday, November 8, 2022, to be held concurrently with the statewide general election.
Further, the Council must formally request the Riverside County Board of Supervisors to “consolidate” the municipal election with the Statewide Election, allowing the Registrar of Voters to conduct the logistics of the election and must also adopt local rules for the submittal of candidates’ statements.
The nomination period for City Council candidates begins on July 16, 2022,and ends on August 12, 2022. If an incumbent eligible to run does not file papers the deadline for non-incumbents will be extended to August 17, 2022.The California Elections Code section 10220.5 requires City of Indian Wells Printed on 5/13/2022Page 1 of 2
powered by Legistar™411
File #:RES-030-22 Item #:G.
be extended to August 17, 2022.The California Elections Code section 10220.5 requires candidates to select and file nomination papers for one municipal office for the same municipality in the same election. Upon submission of nomination papers, candidates must select which office they are running for, a 4-year term or 2-year term. Any interested parties running for a City Council seat are encouraged to contact the City Clerk during normal business hours.
ATTACHMENT:
1.Resolution No. 2022-29
City of Indian Wells Printed on 5/13/2022Page 2 of 2
powered by Legistar™412
RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL AND SPECIAL MUNICIPAL ELECTION TO
BE HELD CONCURRENTLY WITH THE STATEWIDE GENERAL
ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE LAWS OF THE STATE OF CALIFORNIA; ADOPTING REGULATIONS PERTAINING TO
CANDIDATES STATEMENTS AND OTHER MATERIALS SUBMITTED
TO THE ELECTORATE AND COSTS THEREOF; AND REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO
CONSOLIDATE SAID GENERAL AND SPECIAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON THE SAME DATE
WHEREAS, under the provisions of the laws of the State of California, a General Municipal Election shall be held on November 8, 2022, for the regularly scheduled election of two Members of the City Council, each for a full four-year term; and WHEREAS, a member of the City Council whose term is set to expire November, 2024 has resigned from the City Council, effective May 31, 2022 at the conclusion of the City Council meeting of April 21, 2022, resulting in a vacancy on the Council; and WHEREAS, pursuant to State law, the City is required to hold a Special Municipal Election on November 8, 2022 in order to fill the Council vacancy for the remainder of the unexpired term (a “short term” of two years); and
WHEREAS, pursuant to the requirements of the laws of the State of California, the City Council of the City of Indian Wells desires and intends to call and order to be held in the City of Indian Wells, California, on Tuesday, November 8, 2022, a General and Special Municipal Election to elect three Municipal Officers; and WHEREAS, it is desirable that the General and Special Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the Riverside County election department canvass the returns of the General and Special Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs thereof.
ATTACHMENT #1
413
City of Indian Wells
Resolution No. 2022-29
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the laws of the State of California, there is hereby called and ordered to be held in the City of Indian Wells, California, on Tuesday, November 8, 2022, a General Municipal Election of the qualified electors of said City for the purpose of electing two (2) members of the City Council for full terms of four (4) years.
SECTION 2. That pursuant to the requirements of the laws of the State of California, there is also hereby called and ordered to be held in the City of Indian Wells, California, on Tuesday, November 8, 2022, a Special Municipal Election for the purpose of electing one Member of the City Council to fill a vacancy (for a “short term” of two years).
SECTION 3. That pursuant to California Elections Code section 10220.5, “[N]notwithstanding any other provision of law, a candidate shall not file nomination papers for more than one municipal office or term of office for the same municipality in the same election”; and
SECTION 4. The City Council consents to the consolidation of the Special Election hereby called with the Statewide General election and all other elections being held in the same territory on November 8, 2022.
SECTION 5. The ballots to be used at the election shall be in the form and content as required by law.
SECTION 6. In accordance with Sections 10002, 10403, and 10418 of the Elections Code, the Board of Supervisors of Riverside County is hereby requested to consolidate the General and Special Municipal Election with the Statewide General election to be held in the same territory and on the same day, and to consent to having the Registrar of Voters render such election services to the City of Indian Wells as may be requested by the City Clerk of said City, the County of Riverside to be reimbursed in full for such services as are performed.
SECTION 7. The election services which the City of Indian Wells requests the Registrar of Voters, or such other official as may be appropriate, perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation and furnishing of vote-by-mail ballots, printing and mailing of sample ballots, voter information guides and making such publications as are required by law in connection therewith; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Indian Wells; and the performance of such other election services as may be requested by the City Clerk.
414
City of Indian Wells
Resolution No. 2022-29
SECTION 8. The City Council authorizes the Registrar of Voters to use vote-by- mail ballots, voting centers, and polling places to ensure that all registered voters in the City of Indian Wells have access to voting opportunities.
SECTION 9. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
SECTION 10. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
SECTION 11. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
SECTION 12. The Riverside County Registrar of Voters is hereby authorized to canvass the returns of the General and Special Municipal Election.
SECTION 13. The City Clerk of the City of Indian Wells shall receive the canvass as it pertains to the General and Special Municipal Election, and shall certify the results to the City Council, as required by law.
SECTION 14. Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General and Special Municipal Election to be held in the City of Indian Wells on November 8, 2022, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age, and occupation of the candidate and a brief description of no more than four hundred (400) words of the candidate's education and qualifications expressed by the candidate himself/herself. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. Such statement shall be filed in the Office of the City Clerk at the same time the candidate's nomination papers are filed. Except as provided in Section 13309 of the Elections Code of the State of California, such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Statements shall be translated and printed into those languages as required by applicable federal and state law.
SECTION 15. No candidate shall be permitted to include additional materials in the voter information guide.
415
City of Indian Wells
Resolution No. 2022-29
SECTION 16. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate’s statements filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter information guide.
The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit.
SECTION 17. The City Clerk shall provide to each candidate or the candidate's representative a copy of this Resolution at the time that nominating petitions are issued.
SECTION 18. The City Clerk of the City of Indian Wells is hereby DIRECTED to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the County Registrar of Voters of the County of Riverside.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 19th day of May 2022.
_________________________________
DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-29
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 on the 19th day of May 2022, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
416
City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:086-22 Item #:H.
Indian Wells City Council
Staff Report -City Clerk/Attorney May 19, 2022
Consider Appointment to Fill City Council Vacancy
RECOMMENDED ACTION:
Council DETERMINES whether the Council wishes to appoint someone to temporarily fill the Council vacancy until the 2022 Special Election; and if so
APPOINT a qualified person to fill the vacancy effective June 1, 2022.
DISCUSSION:
After the April 21, 2022, Council meeting, City Council Member Kimberly Muzik tendered her written resignation to the City Clerk’s Office, effective May 31, 2022.
The City of Indian Wells follows state law regarding filling City Council vacancies. California Government Code Section 36512 outlines the guidelines and process to fill a vacancy. Within 60 days of the occurrence of the vacancy (which occurs when the resignation letter is tendered to the City Clerk), the City Council must take action to fill the vacancy. Here, the 60-day deadline is June 20, 2022.
Under Section 36512, since the vacancy occurred with more than 130 days remaining before the next general election, the Council must call a special election to fill the unexpired two-year term (“short term”). The special election will be consolidated with the November 8, 2022, general election.
There is a separate action item on today’s agenda calling for the both the general and special elections.
In addition, state law gives the Council the option to either (a) appoint an individual to temporarily serve on the City Council until the special election or (b) leave the position vacant until the special election. Due to the timing of this vacancy, the appointment would last (or the seat would remain vacant for) approximately six months. If the Council decides to temporarily fill the vacancy by appointment, the appointment should be made effective June 1, 2022.
Legally, the appointee, if otherwise qualified, may run as a candidate for either the “short term” or City of Indian Wells Printed on 5/13/2022Page 1 of 2
powered by Legistar™417
File #:086-22 Item #:H.
for either of the two “full term” Council seats that will be on the November 2022 ballot.
City of Indian Wells Printed on 5/13/2022Page 2 of 2
powered by Legistar™418