Indian Wells City Council
May 19, 2022

Thursday, May 19, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
City Council
Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

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

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

Meeting Agenda
1 May 19, 2022City Council Meeting Agenda

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

MAYOR DANA REED

MAYOR PRO TEM DONNA GRIFFITH

COUNCIL MEMBER GREG SANDERS

COUNCIL MEMBER KIMBERLY MUZIK

COUNCIL MEMBER RICHARD BALOCCO

2. APPROVAL OF THE FINAL AGENDA

3. PROCLAMATIONS AND PRESENTATIONS
Riverside County Fire Department Update064-22A.

Riverside County Sheriff Department Update by
Indian Wells Lieutenant David Wright
065-22B.

4. PUBLIC COMMENTS
Members of the Public who wish to speak during public comment on a Consent Item or items not listed on the agenda may do so at this time. Members of the public should fill out a blue slip and submit it to the City Clerk. Public Comments for matters not listed on the agenda or on the Consent Calendar will be taken during this time, comments are limited to 3 minutes.

Speakers will be alerted when their time is up and are then to return to their seats and no further comments will be permitted.

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

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

6. CITY ATTORNEY REPORTS AND COMMENTS

May 19, 2022City Council Meeting Agenda

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

Findings to Hold Remote Teleconference/Virtual
Meetings and Hybrid (i.e., In-Person and
Teleconference/Virtual) Meetings for All City
Legislative Bodies, in Accordance with Assembly Bill
361
063-22A.

RECOMMENDED ACTION:

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

Annual Update to Local California Environmental
Quality Act (CEQA) Guidelines
RES-024-22B.

RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-22 updating local guidelines for implementing the California Environmental Quality Act (“CEQA”).

BB&K Memorandum
Resolution No. 2022-22
Attachments:

May 19, 2022City Council Meeting Agenda
Ordinance Adding 11.36.125 and Amending Various
Section of the Municipal Code Regulating Parking and
Storage of Recreational Vehicles within the City; and
Finding the Action to be Except from CEQA
ORD-007-22C.

RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, adding 11.36.125 amending various Sections of the Municipal Code regulating parking and storage of recreational vehicles within the City; and finding the action to be except from CEQA.

Ordinance No. 737Attachments:

Annual Update to Employee’s Salary Range Schedule
and FY 2022-23 Approved Employee Positions
066-22D.

RECOMMENDED ACTIONS:

Council APPROVES the annual update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013, and
APPROVES the Fiscal Year 2022-23 Approved Positions List with Annual Salaries and Ranges; and
DIRECTS staff to post the employee salary range schedule on the City’s website.

FY 2022-23 Salary Range Schedule
FY 2022-23 Approved Positions and Salaries
U.S. Department of Labor CPI Report
Attachments:

May 19, 2022City Council Meeting Agenda
Resolution Approving an Affordable Housing Public
Improvements Funding Agreement between the
Indian Wells Housing Authority and the City of Indian
Wells to Fund the Cost of Certain Infrastructure
Improvements
RES-025-22E.

RECOMMENDED ACTION:

Council APPROVES a Resolution No. 2022-23 approving an Affordable Housing Public Improvements Funding Agreement between the Indian Wells Housing Authority and the City of Indian Wells and making findings pursuant to California Health and Safety Code Section 33334.2(e)(2).

Resolution No. 2022-23
Agreement
Affordable Housing Property Site Map
Attachments:

Annual Coachella Valley Association of Governments
Transportation Uniform Mitigation Fee Adjustment
067-22F.

RECOMMENDED ACTION:

Council APPROVES amendments to the Annual Coachella Valley Association of Government (CVAG) Transportation Uniform Mitigation Fee.

CVAG Letter RequestAttachments:

Clarification to Citywide Planning Fees068-22G.

RECOMMENDED ACTION:

Council APPROVES updates clarifying the Citywide Planning Fees.

Planning Fees - Red LineAttachments:

May 19, 2022City Council Meeting Agenda
Fiscal Year 2022-23 Road Maintenance and
Rehabilitation Account Funding Allocation
RES-026-22H.

RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-24 approving the Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account Funding Allocation.

Resolution No. 2022-24
Projection Fiscal Year Revenue
Estimated Maintenance of Effort
Attachments:

February 17, 2022, City Council Meeting Minutes071-22I.

RECOMMENDED ACTION:

Council APPROVES the February 17, 2022, City Council Meeting Minutes.

City Council Meeting Minutes - February 17Attachments:

March 17, 2022, Special Closed Session Minutes072-22J.

RECOMMENDED ACTION:

Council APPROVES the March 17, 2022, Special Closed Session Minutes.

Special Closed Session Minutes - March 17Attachments:

March 17, 2022, City Council Meeting Minutes073-22K.

RECOMMENDED ACTION:

Council APPROVES the March 17, 2022, City Council Meeting Minutes.

City Council Meeting Minutes - March 17Attachments:

April 21, 2022, Special Closed Session Minutes074-22L.

RECOMMENDED ACTION:

Council APPROVES the April 21, 2022, Special Closed Session Minutes.

Special Closed Session Minutes- April 21Attachments:

May 19, 2022City Council Meeting Agenda
April 21, 2022, City Council Meeting Minutes075-22M.

RECOMMENDED ACTION:

Council APPROVES the April 21, 2022, City Council Meeting Minutes.

City Council Meeting Minutes - April 21Attachments:

City Treasurer’s Report for March 2022076-22N.

RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for March 2022.

City Treasurer's ReportAttachments:

8. PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing.

At that time the applicant will be allowed five (5) minutes to make a presentation on the case.

Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons.

The City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

May 19, 2022City Council Meeting Agenda
Annual Levy and Engineer’s Report for the Indian
Wells Street Lighting District No. 2000-1
RES-027-22A.

RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and ADOPTS Resolution No. 2022-25 approving the annual levy of the Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2022-23; and
ORDERS the Indian Wells Street Lighting District No. 2000-1 levy to be placed on the fiscal year 2022-23 Riverside County tax roll.

Resolution No. 2022-25Attachments:

Final Annual Levy Report for Landscape and Lighting
District No. 91-1 for Fiscal Year 2022-23 and
Ordering the Levy and Collection of Assessments
RES-028-22B.

RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and ADOPTS Resolution No. 2022-26 approving collection of assessments for Fiscal Year 2022-23 for the Landscape and Lighting District No. 91-1; and
ORDERS the for Landscape and Lighting District No. 91-1 levy to be placed on the Fiscal Year 2022-23 Riverside County tax roll.

Resolution No. 2022-26Attachments:

May 19, 2022City Council Meeting Agenda
Annual Levy and Engineer’s Report for the Drainage
Maintenance Benefit Assessment District No. 1
RES-029-22C.

RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and ADOPTS Resolution No. 2022-28 approving the Engineer’s Report for the Drainage Maintenance Benefit Assessment District No. 1 for Fiscal Year 2022-23; and ADOPTS Resolution No. 2022-27 approving the annual levy of the Drainage Maintenance Benefit Assessment District No. 1 for Fiscal Year 2022-23; and
ORDERS the Drainage Maintenance Benefit Assessment District No. 1 levy to be placed on the fiscal year 2022-23 Riverside County tax roll.

Resolution No. 2022-28
Resolution No. 2022-27
Attachments:

Proposed Ordinance adding Sections 20.72.070 and

21.20.015 to the Municipal Code relating to Urban Lot
Splits and Two-Unit Projects, and finding the action
to the exempt from CEQA
ORD-008-22D.

RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance No. 739 to read by title only and further reading waved approving Municipal Text Amendment No. 2022-03 regarding urban lot splits and two-unit projects; and
FINDS the action Exempt from CEQA.

Ordinance No. 739Attachments:

May 19, 2022City Council Meeting Agenda
Proposed Ordinance adding Chapter 21.80 to the
Municipal Code relating to Accessory Dwelling Units
(ADU) and Junior Accessory Dwelling Units (JADU)
and finding the action to the exempt from CEQA
ORD-009-22E.

RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance No. 738 to read by title only and further reading waved approving Municipal Text Amendment No. 2022-02 regarding urban lot splits and two-unit projects; and
FINDS the action Exempt from the California Environmental Quality Act (CEQA).

Ordinance No. 738Attachments:

9. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

Mid Term Update to City’s Operating and Capital
Budgets
069-22A.

RECOMMENDED ACTIONS:

Finance Committee Recommends Council AMENDS the City’s Operating and Capital Budget for Fiscal Year 2021-22 through 2022-23 as presented.

FY 2022-23 Proposed General Fund Budget changes (detail) 2022-23 Indian Wells Golf Resort Budget (Troon)
Updated County of Riverside Exhibit “A”
City and Golf Mid-Term Capital Improvement Plan
Attachments:

Pacaso “Co-Ownership” Model and City Regulation of
Timeshare Discussion
070-22B.

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.

May 19, 2022City Council Meeting Agenda
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
ORD-010-22C.

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).

Ordinance No. 740Attachments:

Proposed Ordinance Adding Chapter 12.03, Pavement
Cut Moratorium
ORD-011-22D.

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).

Ordinance No. 741Attachments:

May 19, 2022City Council Meeting Agenda
Consider and Adopt an Ordinance Streamlining Public
Hearing Notice Procedure for Development and
Zoning Matters
ORD-012-22E.

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).)
Ordinance No. 742
Municipal Code Changes
Attachments:

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
ORD-013-22F.

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).)
Ordinance No. 743Attachments:

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

May 19, 2022City Council Meeting Agenda
A. Council Member Balocco
Coachella Valley Energy Commission
Cove Communities Services Commission
Indian Wells Golf Resort Advisory Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Marketing Committee
Indian Wells Public Safety
B. Council Member Muzik
Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities
Indian Wells Golf Resort Advisory Committee
C. Council Member Sanders
Coachella Valley Mountains Conservancy
Coachella Valley Economic Partnership
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Public Safety Committee
Visit Greater Palm Springs
D. Mayor Pro Tem Griffith
CVAG Coachella Valley Conservation Commission
CVAG Energy & Environmental Resources Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Tee Committee

May 19, 2022City Council Meeting Agenda
E. Mayor Reed
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Executive Committee
CVAG Transportation Committee
Indian Wells Marketing Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency

11. PRESENTATION RECOGNIZING CITY COUNCIL MEMBER
Presentation of Plaque to Council Member Kimberly
Muzik
077-22A.

RECESS CITY COUNCIL FOR 10 MINUTES

CONTINUATION OF GENERAL BUSINESS
Resolution Calling for a General and Special Municipal
Election on November 8, 2022
RES-030-22G.

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.

Resolution 2022-29Attachments:

May 19, 2022City Council Meeting Agenda
Consider Appointment to Fill City Council Vacancy086-22H.

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.

12. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on June 2, 2022 in the City Hall Council Chambers.

May 19, 2022City Council Meeting Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 346-2489. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 128 CFR 35.102.35.104 ADA Title III Affidavit of Posting
I, Angelica Avila, certify that on May 13, 2022, I caused to be posted a notice of a City Council Meeting to be held on May 19, 2022 at 1:30 p.m. in the City Hall Council Chamber.

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

May 19, 2022City Council Meeting Agenda

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:064-22 Item #:A.

Riverside County Fire Department Update
City of Indian Wells Printed on 5/13/2022Page 1 of 1
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Indian Wells
Fire
Department
Quarterly
Report

CAL FIRE /

RIVERSIDE

COUNTY FIRE

DEPARTMENT

BATTALION CHIEF

MATTHEW KOTZ
At Dais- Presentation #3A
Riverside County Fire Update

Presentation
-Breakdown of calls in Indian Wells:
1/1/22 to 3/31/22
-Previous years comparison
-Significant incident in Indian Wells
-Shot clinic / Safety expo

Call breakdown
from last quarter:
-Medical based
calls (269)
-False alarms (37)
-Traffic Collisions
(26)

STATIC
magerj

RANCHO MIRAGE
STATION 71
J

PALM DESERT
STATION 3 3
STATION 67
•
•
•
•
•
•
G.
7,„
co„,
•
••
•. • • -�
• �:
• •
41/':.T ON 55 111 � • •
• •• • •411.40
~••••• • • li• ••
• • IMw
•
•

IN AN WELLS
Bermuda Dunes
STATION 93

LA QUINTA
STATION 2
42nd Ave
STATION 80
INDIO
STATION 138

Comparison of
call volume for
the same three
months
quarterly time
frame:
2021 comparison total number of calls for service:
276
2022 comparison total number of calls for service:
361
Overall increase in calls for service: 20% from
2021
2020 comparison total number of calls for service:
321
2021 decrease is most likely due to the start of
COVID 19. Increase of 40 more calls from 2020.

Riverside County Fire Department/ CAL FIRE
Significant Incident Report Form for City of Indian Wells Bill Weiser
Fire Chief
1 Incident Description
Incident Number:

Incident Name:

Incident Location:

Incident Area:

Total Lost:

Activated:
22CARRU029853
111
Highway 111 cross of Eldorado
Indian Wells
None Reported
Incident Date:

Acres Burned:

Occupancy:

Fire Cause:

Total Saved:
2/25/2022 8:37:00AM
0 LRA Land
Comments/Narrative
CAL FIRE / Riverside County Fire Department was dispatched to a head on traffic collision at the intersection of Highway 111 and Eldorado Drive_ in the city of Indian Wells_ The first engine company arnved on scene of a head on traffic collision involving two vehicles with major damage and a possible ejection _ A total of two adult patients were identified. one with major injuries and the second with minor injuries. Both patients were transported to a local area hospital_ No firefighters were injured at this incident.

Injuries
Minor Moderate
Major Fatalities
Civilian:

Fire Fighter:
1 O
0 O
1 0
0 O
Resources
First Due Station:

Engines:

Truck Co's:

Squads:

Medic Unit:
2 0
0 2
55 Indian Wells
Ambulance - Air:

Ambulance - Grd:

Breathing Support:

G Haz Mat Units:

O Water Tenders:

O Bulldozers:

Incident Duration: 1.5 hours
O Air Attacks:

O Air Tankers:

C' Helicopters:

O Chief Officers:

O Firefighters:

O Fire Crews:

Overhead Pers:
1 12
0 0
Prepared By
Created Date:

Approved Date:
2/25/2022 10:49:OOAM
2/25/2022 10:49:00AM
Created By:

Approved By: MATTHEW KOTZ_ BATTALION CHIEF

MATTHEW KOTZ

Indian Wells
Shot Clinic /
Safety Expo

Questions?

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:065-22 Item #:B.

Riverside County Sheriff Department Update by Indian Wells Lieutenant David Wright
City of Indian Wells Printed on 5/13/2022Page 1 of 1
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Riverside Sheriff –Indian Wells
At Dais- Presentation #3B
Riverside County Sheriff Update

Riverside Sheriff –Indian Wells
2,055 total file numbers drawn in the 1st Quarter of 2022 •567 calls for service
•1,488 self-initiated file numbers drawn
•89 reports written
•10 arrests made
•8 Misdemeanor
•2 Felony (Both domestic violence arrests, one at a hotel) •126 citations issued
•1,320 area checks conducted

Riverside Sheriff –Indian Wells
Traffic Collisions Year-to-Date as of 03/31/22 = 27
•0 Fatal
•0 Major injury
•10 Minor-injury
•17 Non-injury
Traffic Citations Year-to-Date = 126
•96 Hazardous Citations
•4 DUI Arrests

Riverside Sheriff –Indian Wells
Uniform Crime Reporting Data YTD Comparison as of 03/31/22 Crime 2020 YTD 2021 YTD 2022 YTD
Homicide 0 0 0
Rape 0 0 0
Robbery 0 0 0
Aggravated Assault 5 0 1
Total Violent Crimes 5 0 1
Burglary 13 2 13
Auto Theft 0 3 5
Larceny*26 19 29
Total Property Crimes 39 24 47
Total Part 1 Crimes 44 24 48
* Includes vehicle burglaries

Notable Cases/Operations
012722 –Speed Enforcement Operation resulting in 35 citations The BNP Paribas went well
031122 -The Coachella Valley Violent Crime Gang Task Force received information that several gang members were staying at a hotel in the city of Indian Wells. The gang members we believed to be in possession of numerous firearms. A search warrant was served at the hotel room and several firearms were seized, which included a fully automatic assault rifle with no serial number, commonly referred to as a “Ghost gun.” Two subjects were arrested and booked into JBDC.
032422 -The Desert Town Hall Speaker Series concluded at the Renaissance Hotel. All events went well.

Operations/Project Updates
Extra patrol for speed enforcement on Hwy 111, Fred Waring and Fairway One deputy has been added to night shift
Code enforcement assistance for certain violations
Knox box keys have been ordered and delivery is forthcoming Educational HOA meetings are being planned
CSOs have completed CPTED training and are available for appointments

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:063-22 Item #:A.

Indian Wells City Council
Staff Report -City Attorney May 19, 2022
Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
RECOMMENDED ACTION:

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

Background:

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

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

Continued compliance with AB 361 will require the City Council to approve the action making the City of Indian Wells Printed on 5/13/2022Page 1 of 2
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File #:063-22 Item #:A.

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

Analysis:

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

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

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

City of Indian Wells Printed on 5/13/2022Page 2 of 2
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City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-024-22 Item #:B.

Indian Wells City Council
Staff Report - Community Development May 19, 2022 Annual Update to Local California Environmental Quality Act (CEQA) Guidelines
RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-22 updating local guidelines for implementing the California Environmental Quality Act (“CEQA”).

DISCUSSION:

CEQA is California’s comprehensive environmental law, contained in Public Resources Code sections 21000 et seq. CEQA seeks to protect the environment by requiring government agencies within the state to analyze and publicly disclose impacts of proposed projects, and adopt feasible mitigating measures to reduce those impacts.

CEQA requires public agencies periodically adopt or update Local CEQA Guidelines, as the state makes the changes to the CEQA regulations. The local guidelines outline specific objectives, criteria and procedures for evaluating public and private projects that are undertaken or approved by each agency. Annually, the City Attorney’s Office prepares a memorandum outlining needed changes to the Local CEQA Guidelines (Attachment #1)and a Resolution adopting the updates (Attachment #2).

The City of Indian Wells Local CEQA Guidelines were revised and amended to reflect recent changes to the State CEQA Guidelines, the Public Resources Code and relevant court opinions, and summary of the updates follows (refer to Attachment #1 for a comprehensive review):

REVISIONS TO LOCAL GUIDELINES

1. SECTIONS 1.08, 1.09, 3.04, 6.04, 6.10, 6.11, 6.20, 7.03, 7.25, & 7.39: POSTING CEQA DOCUMENTS AND RELATED NOTICES ON LEAD AGENCY’S WEBSITE
·AB 819, the California Legislature amended CEQA to require a Lead Agency for a project to post the Draft Environmental Impact Report (“EIR”), Final EIR, Negative Declaration, or Mitigated Negative Declaration (“MND”) prepared for a project on the Lead Agency’s website, City of Indian Wells Printed on 5/13/2022Page 1 of 5
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File #:RES-024-22 Item #:B.

Mitigated Negative Declaration (“MND”) prepared for a project on the Lead Agency’s website, if the Lead Agency has a website.
·AB 819 requires a Lead Agency to post CEQA notices on its website. This requirement extends to any Notice of Exemption, Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, Notice of Preparation, Notice of Availability, Notice of Completion, and Notice of Determination.

Sections 1.08, 3.04, 6.04, 6.11, 6.20, 7.03, 7.25, and 7.39 of the 2022 Local Guidelines have been revised to reflect these new requirements.

2. SECTIONS 2.04 & 6.16 PROCEDURE TO APPEAL A CEQA DETERMINATION MADE BY A NON-

ELECTED DECISIONMAKING BODY
·The City may charge a non-elected decision-making body with the responsibility of making an exemption determination or adopting or certifying environmental documents under CEQA. But a determination made by a non-elected decision-making body must be appealable to the City Council. Sections 2.04 and 6.16 of the Local Guidelines have been revised to elaborate that any CEQA determination made by a non-elected decision-making body shall be final unless it is timely appealed to the City Council.

3. SECTION 3.04 NOTICES OF EXEMPTION
·Section 3.04 has been revised consistent with AB 819 to provide that (1) a Notice of Exemption must now be filed electronically with the County Clerk, if the County Clerk accepts electronic filing of Notices of Exemption; and (2) the City must post its Notices of Exemption on its website. Additionally, Section 3.04 has been revised to update the procedure by which a project applicant, rather than the City, may file a Notice of Exemption for a project that the City has determined is exempt from CEQA. For a project applicant to file a Notice of Exemption, the project applicant must attach a Certificate of Determination from the City to the Notice of Exemption.

4. SECTION 3.23 EXEMPTION RE: CONSERVATION AND RESTORATION OF CALIFORNIA NATIVE

FISH AND WILDLIFE
·Senate Bill (“SB”) 155 is a CEQA exemption for projects that have, as their exclusive purpose, the recovery of California fish and wildlife (including projects for habitat restoration), if certain conditions are met. Section 3.23 has been added to the Local Guidelines to reflect this new exemption.

5. SECTION 3.24 EXEMPTION RE: LINEAR BROADBAND DEPLOYMENT IN A RIGHTOF-WAY ·SB 156 has created a CEQA exemption for projects that consist of linear broadband deployment in a right-of-way if certain conditions are met. To qualify for the exemption, the project must be located in an area identified by the Public Utilities Commission as a City of Indian Wells Printed on 5/13/2022Page 2 of 5
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File #:RES-024-22 Item #:B.
project must be located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle-mile broadband network; must be constructed along, or within 30-feet of, the right-of-way of any public road or highway; and must be either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way.

Additionally, the project is required to include conditions of approval to address potential environmental impacts, including, but not limited to, requiring monitors during construction activities or measures to address impacts to biological or cultural resources. We have added Section 3.24 to the Local Guidelines to reflect this new exemption.

6. SECTION 3.25 EXEMPTION RE: NEEDLE AND SYRINGE EXCHANGE SERVICES ·Under existing law, cities and counties meeting certain requirements may apply to the State Department of Public Health for authorization to provide hypodermic needle and syringe exchange services consistent with state standards in any location where the State Department of Public Health determines that the conditions exist for the rapid spread of human immunodeficiency virus (HIV), viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. In 2021, the Legislature enacted AB 1344 to expressly exempt from CEQA needle and syringe exchange services application submissions, authorizations, and operations. This exemption is reflected in Section 3.25 of the Local Guidelines.

7. SECTION 6.11 SUBMISSION OF NEGATIVE DECLARATIONS AND RELATED NOTICES TO

STATE CLEARINGHOUSE
·Under AB 819, all Negative Declarations and MNDs must be submitted electronically to the State Clearinghouse via the Office of Planning and Research’s “CEQA Submit” website, even if the Negative Declaration or MND does not require state agency review. When submitting the Negative Declaration or MND to the State Clearinghouse, the Lead Agency must also submit a Notice of Completion via the “CEQA Submit” website. Section 6.11 of the Local Guidelines has been revised to reflect this change in the law, and it includes instructions on how to submit both documents that require state agency review and documents that do not require state agency review.

8. SECTIONS 7.03, 7.25, 7.26 & 7.39 SUBMISSION OF EIRS AND RELATED NOTICES TO STATE

CLEARINGHOUSE
·Under AB 819, all EIRs must be submitted electronically to the State Clearinghouse via the Office of Planning and Research’s “CEQA Submit” website, even if the EIR does not require state agency review. In addition, a Lead Agency must submit any Notice of Preparation, Notice of Completion, and Notice of Determination related to the EIR to the Office of Planning and Research via the “CEQA Submit” website. Sections 7.03, 7.25, 7.26, and 7.39 of the Local Guidelines have been revised to reflect these requirements.

9. SECTION 7.05 STREAMLINED CEQA LITIGATION FOR ENVIRONMENTAL LEADERSHIP City of Indian Wells Printed on 5/13/2022Page 3 of 5
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File #:RES-024-22 Item #:B.

9. SECTION 7.05 STREAMLINED CEQA LITIGATION FOR ENVIRONMENTAL LEADERSHIP

DEVELOPMENT PROJECTS
·In 2021, the Legislature passed the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, which reenacts with certain changes the Jobs and Economic Improvement Through Environmental Leadership Act of 2011, which was repealed by its own terms on January 1, 2021. If the Governor certifies a project as an Environmental Leadership Development Project, any lawsuit challenging the project-including any appeals to the Court of Appeal or the California Supreme Court-must be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the trial court. Section 7.05 of the Local Guidelines, which previously addressed the previous iteration of the law from 2011, has been updated to reflect the 2021 iteration of the law.

10. SECTION 9.01 STREAMLINED MINISTERIAL APPROVAL PROCESS FOR AFFORDABLE

HOUSING PROJECTS
·The Legislature has provided for a streamlined, ministerial approval process for certain affordable housing projects satisfying various conditions. This process is not new, and it is already included in the Local Guidelines in Section 9.01. In 2021, the Legislature adopted AB 1174 to further clarify the process. Under existing law, a development approved under the streamlined ministerial process can generally be valid indefinitely so long as it meets certain requirements. Among other things, AB 1174 clarifies that to be valid indefinitely, the project must include public investment in housing affordability, beyond tax credits, and have at least 50 percent of units affordable to households making at or below 80 percent of the area median income. Section 9.01 of the Local Guidelines has been revised to reflect AB 1174.

11. SECTION 9.02 MINISTERIAL APPROVAL PROCESS FOR SPECIFIED URBAN LOT SPLITS AND

HOUSING DEVELOPMENTS
·SB 9 provides for the ministerial approval (i.e., approval not subject to CEQA) of (1) proposed housing developments containing no more than two residential units within a single-family residential zone; and (2) urban lot splits. This is not a blanket exemption from CEQA, as SB 9 sets forth numerous conditions that must be met in order for a proposed project to qualify for ministerial approval. The ministerial approval process established by SB 9 is set forth in Section 9.02 of the Local Guidelines.

12. SECTION 9.03 EXEMPTION RE: APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER PARCEL
·SB 10 provides that a local government may adopt an ordinance to zone a parcel for up to 10 residential units, and that such action (if certain conditions are met) does not qualify as a “project” subject to CEQA. Section 9.03 has been added to the Local Guidelines to reflect SB

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File #:RES-024-22 Item #:B.

OTHER CHANGES
·Effective January 1, 2022, the Department of Fish and Wildlife has increased its fees. o Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,548.00.
o EIR, the new filing fee is $3,539.25.
o For an environmental document prepared pursuant to a Certified Regulatory Program, the filing fee has been increased to $1,203.25.

ENVIRONMENTAL IMPACT:

There is no environmental impact from amending the Local CEQA Guidelines. Adoption of the Resolution is not a project under State CEQA Guidelines section 15378(b)(5) because it is an administrative activity involving process only and would not result in any environmental impacts.

ATTACHMENTS:

1. BB&K Memorandum

2. Resolution No. 2022-22
City of Indian Wells Printed on 5/13/2022Page 5 of 5
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Memorandum
TO: Project 5 City Client
FROM: Best Best & Krieger LLP
DATE: April 5, 2022
RE: 2022 Summary of Changes to Local CEQA Guidelines
In 2021, the California Legislature took action to revise the California Environmental Quality Act (“CEQA”). Most notably, Assembly Bill (“AB”) 819 (“AB 819”) amends the Public Resources Code to, among other things: (1) expand the scope of CEQA documents that must be submitted to the Office of Planning and Research’s (“OPR”) State Clearinghouse; (2) require lead agencies to submit such documents to OPR electronically; and (3) require a lead agency to post various environmental documents and notices on its website, if the lead agency has a website. In addition, the Legislature passed multiple bills to exempt certain categories of activity from CEQA.

These revisions to CEQA have been incorporated into the City’s 2022 Local Guidelines for Implementing the California Environmental Quality Act (“Local Guidelines”). This memorandum summarizes the substantive amendments to the City’s Local Guidelines. These Local Guidelines and this memorandum are designed to help the City assess the environmental implications of a project prior to its approval, as mandated by CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial, or unusual projects or activities.

The Local Guidelines, the related CEQA forms, and other important legal alerts may be accessed via the Best Best & Krieger LLP CEQA client portal at http://clients.bbklaw.net/pfcc/ .

For technical support, please contact Tammy Ingram at [email protected].

REVISIONS TO LOCAL GUIDELINES

1. SECTIONS 1.08, 1.09, 3.04, 6.04, 6.10, 6.11, 6.20, 7.03, 7.25, & 7.39:

POSTING CEQA DOCUMENTS AND RELATED NOTICES ON LEAD AGENCY’S WEBSITE With AB 819, the California Legislature amended CEQA to require a Lead Agency for a project to post the Draft Environmental Impact Report (“EIR”), Final EIR, Negative Declaration, or Mitigated Negative Declaration (“MND”) prepared for a project on the Lead Agency’s website, if the Lead Agency has a website.

In addition, AB 819 requires a Lead Agency to post CEQA notices on its website. This requirement extends to any Notice of Exemption, Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, Notice of Preparation, Notice of Availability, Notice of Completion, and Notice of Determination.

Sections 1.08, 3.04, 6.04, 6.11, 6.20, 7.03, 7.25, and 7.39 of the 2022 Local Guidelines have been revised to reflect these new requirements.

ATTACHMENT #1
27 - 2 -

2.SECTIONS 2.04 &6.16 PROCEDURE TO APPEAL A CEQA DETERMINATION MADE

BY A NON-ELECTED DECISIONMAKING BODY
The City may charge a non-elected decisionmaking body with the responsibility of making an exemption determination or adopting or certifying environmental documents under CEQA. But, a determination made by a non-elected decisionmaking body must be appealable to the City Council. Sections 2.04 and 6.16 of the Local Guidelines have been revised to elaborate that any CEQA determination made by a non-elected decisionmaking body shall be final unless it is timely appealed to the City Council.

3.SECTION 3.04 NOTICES OF EXEMPTION
Section 3.04 has been revised consistent with AB 819 to provide that (1) a Notice of Exemption must now be filed electronically with the County Clerk, if the County Clerk accepts electronic filing of Notices of Exemption; and (2) the City must post its Notices of Exemption on its website.

Additionally, Section 3.04 has been revised to update the procedure by which a project applicant, rather than the City, may file a Notice of Exemption for a project that the City has determined is exempt from CEQA. For a project applicant to file a Notice of Exemption, the project applicant must attach a Certificate of Determination from the City to the Notice of Exemption.

4.SECTION 3.23 EXEMPTION RE:CONSERVATION AND RESTORATION OF

CALIFORNIA NATIVE FISH AND WILDLIFE
With its adoption of Senate Bill (“SB”) 155, the Legislature has created a CEQA exemption for projects that have as their exclusive purpose the recovery of California fish and wildlife (including projects for habitat restoration), if certain conditions are met. Section 3.23 has been added to the Local Guidelines to reflect this new exemption.

5.SECTION 3.24 EXEMPTION RE:LINEAR BROADBAND DEPLOYMENT IN A RIGHT- OF-WAY
The Legislature’s enactment of SB 156 has created a CEQA exemption for projects that consist of linear broadband deployment in a right-of-way, if certain conditions are met. To qualify for the exemption, the project must be located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle-mile broadband network; must be constructed along, or within 30-feet of, the right-of-way of any public road or highway; and must be either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way. Additionally, the project is required to include conditions of approval to address potential environmental impacts, including, but not limited to, requiring monitors during construction activities or measures to address impacts to biological or cultural resources. We have added Section 3.24 to the Local Guidelines to reflect this new exemption.
28 - 3 -

6.SECTION 3.25 EXEMPTION RE:NEEDLE AND SYRINGE EXCHANGE SERVICES Under existing law, cities and counties meeting certain requirements may apply to the State Department of Public Health for authorization to provide hypodermic needle and syringe exchange services consistent with state standards in any location where the State Department of Public Health determines that the conditions exist for the rapid spread of human immunodeficiency virus (HIV), viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. In 2021, the Legislature enacted AB 1344 to expressly exempt from CEQA needle and syringe exchange services application submissions, authorizations, and operations. This exemption is reflected in Section 3.25 of the Local Guidelines.

7.SECTION 6.11 SUBMISSION OF NEGATIVE DECLARATIONS AND RELATED

NOTICES TO STATE CLEARINGHOUSE
Under AB 819, all Negative Declarations and MNDs must be submitted electronically to the State Clearinghouse via the Office of Planning and Research’s “CEQA Submit” website, even if the Negative Declaration or MND does not require state agency review. When submitting the Negative Declaration or MND to the State Clearinghouse, the Lead Agency must also submit a Notice of Completion via the “CEQA Submit” website.

Section 6.11 of the Local Guidelines has been revised to reflect this change in the law, and it includes instructions on how to submit both documents that require state agency review and documents that do not require state agency review.

8.SECTIONS 7.03,7.25,7.26 &7.39 SUBMISSION OF EIRS AND RELATED NOTICES TO

STATE CLEARINGHOUSE
Under AB 819, all EIRs must be submitted electronically to the State Clearinghouse via the Office of Planning and Research’s “CEQA Submit” website, even if the EIR does not require state agency review. In addition, a Lead Agency must submit any Notice of Preparation, Notice of Completion, and Notice of Determination related to the EIR to the Office of Planning and Research via the “CEQA Submit” website. Sections 7.03, 7.25, 7.26, and 7.39 of the Local Guidelines have been revised to reflect these requirements.

9.SECTION 7.05 STREAMLINED CEQA LITIGATION FOR ENVIRONMENTAL

LEADERSHIP DEVELOPMENT PROJECTS
In 2021, the Legislature passed the Jobs and Economic Improvement Through Environmental Leadership Act of 2021, which reenacts with certain changes the Jobs and Economic Improvement Through Environmental Leadership Act of 2011, which was repealed by its own terms on January 1, 2021. If the Governor certifies a project as an Environmental Leadership Development Project, any lawsuit challenging the project—including any appeals to the Court of Appeal or the California Supreme Court—must be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the trial court. Section

7.05 of the Local Guidelines, which previously addressed the previous iteration of the law from 2011, has been updated to reflect the 2021 iteration of the law. 29 - 4 -

10.SECTION 9.01 STREAMLINED MINISTERIAL APPROVAL PROCESS FOR

AFFORDABLE HOUSING PROJECTS
The Legislature has provided for a streamlined, ministerial approval process for certain affordable housing projects satisfying various conditions. This process is not new, and it is already included in the Local Guidelines in Section 9.01. In 2021, the Legislature adopted AB 1174 to further clarify the process. Under existing law, a development approved under the streamlined ministerial process can generally be valid indefinitely so long as it meets certain requirements. Among other things, AB 1174 clarifies that to be valid indefinitely, the project must include public investment in housing affordability, beyond tax credits, and have at least 50 percent of units affordable to households making at or below 80 percent of the area median income. Section 9.01 of the Local Guidelines has been revised to reflect AB 1174.

11.SECTION 9.02 MINISTERIAL APPROVAL PROCESS FOR SPECIFIED URBAN LOT

SPLITS AND HOUSING DEVELOPMENTS
SB 9 provides for the ministerial approval (i.e., approval not subject to CEQA) of (1) proposed housing developments containing no more than two residential units within a single-family residential zone; and (2) urban lot splits. This is not a blanket exemption from CEQA, as SB 9 sets forth numerous conditions that must be met in order for a proposed project to qualify for ministerial approval. The ministerial approval process established by SB 9 is set forth in Section 9.02 of the Local Guidelines.

12.SECTION 9.03 EXEMPTION RE:APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER
PARCEL
SB 10 provides that a local government may adopt an ordinance to zone a parcel for up to 10 residential units, and that such action (if certain conditions are met) does not qualify as a “project” subject to CEQA. Section 9.03 has been added to the Local Guidelines to reflect SB 10.

Other Changes
Effective January 1, 2022, the Department of Fish and Wildlife has increased its fees.

For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,548.00.

For an EIR, the new filing fee is $3,539.25. For an environmental document prepared pursuant to a Certified Regulatory Program, the filing fee has been increased to $1,203.25.

Conclusion
As always, CEQA remains complicated and, at times, challenging to apply. The only constant in this area of law is how quickly the rules change. Should you have questions about any of the provisions discussed above, or about the environmental review of any of your City’s projects, please contact a BB&K attorney for assistance.

BEST BEST & KRIEGER LLP
30 RESOLUTION NO. 2022-22

A RESOLUTION OF THE CITY OF INDIAN WELLS AMENDING AND

ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC
RESOURCES CODE §§ 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §§ 21000 et seq.), the Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and
WHEREAS, the City of Indian Wells must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines.

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

SECTION 1. The City adopts the “2022 Local Guidelines for Implementing the California Environmental Quality Act,” a copy of which is on file at the offices of the City and is available for inspection by the public.

SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed.

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
ATTACHMENT #2
31 City of Indian Wells
Resolution No. 2022-22

CERTIFICATION FOR RESOLUTION NO. 2022-22

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

32 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:ORD-007-22 Item #:C.

Ordinance Adding 11.36.125 and Amending Various Section of the Municipal Code Regulating Parking and Storage of Recreational Vehicles within the City; and Finding the Action to be Except from CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, adding 11.36.125 amending various Sections of the Municipal Code regulating parking and storage of recreational vehicles within the City; and finding the action to be except from CEQA.

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26529.00000\34890307.2

ORDINANCE NO.737

ADDING SECTION 11.36.125 AND AMENDING VARIOUS SECTIONS

OF THE MUNICIPAL CODE REGULATING PARKING AND STORAGE
OF RECREATIONAL VEHICLES WITHIN THE CITY; AND FINDING

THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells, California (the “City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City has the authority under Article 11, Section 5 of the California Constitution and the City Charter to make, amend, and enforce all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City desires and intends to add Section 11.36.125 to govern the parking of recreational vehicles in the City and to amend various related sections in the Indian Wells Municipal Code (“IWMC”) for purposes of increasing clarity and ensure consistency between all code requirements related to the parking and storage of recreational vehicles within the city; and
WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider this Ordinance was given in accordance with applicable law; and WHEREAS, on April 21, 2022, a public hearing on this Ordinance was held by the City Council; and
WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the City Council finds that this Ordinance is consistent with General Plan goals and policies pertaining to land development, city image, orderly growth, and economic development.

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

SECTION 1. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) under 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 34 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

potential for resulting in physical change to the environment, directly or indirectly. The City Clerk shall file a notice of exemption within five business days after adoption.

SECTION 3. Code Amendments and Additions. 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 reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it 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 takes effect 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 19th day of May, 2022.

______________________________

DANA REED
MAYOR

35 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. 737

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 737, having been introduced at the regular meeting of April 21, 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 19th day of May, 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

36 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

ATTACHMENT “A”

MUNICIPAL CODE AMENDMENTS

***
I. Additions

Section 11.36.125 is hereby added to Title 11 to read in its entirety as follows:

11.36.125 Parking of recreational vehicles.

Notwithstanding any other provision of this code, the regulations of this section govern parking of recreational vehicles.
(a) Purpose. The city’s recreational vehicle parking regulations help minimize the problems associated with parking recreational vehicles on public and private streets and property, while still affording owners of such vehicles temporary parking privileges for purposes of loading, unloading and undertaking interior maintenance and washing of such recreational vehicles. Problems associated with recreational vehicle parking include:
(1) Driving sight obstructions;
(2) Interference with mail delivery;
(3) Health and safety concerns associated with camping or habitation in vehicles;
(4) Viewshed obstructions and neighborhood aesthetic concerns. (b) Application. Notwithstanding any other provision of this code, this section governs the parking of recreational vehicles in the City. If there is any conflict with any provision in any other part of this code, the provisions in this section govern.
(c) Definition of a recreational vehicle.
(1) "Recreational vehicle" means a vehicle designed as a structure capable of human habitation; a boat; or a trailer used for the transport of other vehicles that are used for the purpose of recreation. "Trailer" is defined as a vehicle designed for carrying persons or property on its own structure and for being drawn by another motor vehicle. 37 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

(i) Exception. A van or pickup truck that (1) has an attached utility camper shell that is not designed for camping or human habitation and (2) is used primarily for transportation is excluded from this definition.
(2) For the purposes of this chapter, the following vehicles, among others, are considered recreational vehicles:
(i) Camp trailer, per California Vehicle Code Section 242; (ii) Fifth-wheel travel trailer, per California Vehicle Code Section 324;
(iii) House car, per California Vehicle Code Section 362; (iv) Trailer coach, per California Vehicle Code Section 635. (v) Mobilehome, per California Vehicle Code section 396. (vi) Boat or boat trailer.
(vii) Trailers used for the transport of equipment, vehicles, or animals that are used for the purpose of recreation.
(viii) Recreational vehicle, per California Health and Safety Code section 18010.
(d) Parking, storage, and use of recreational vehicles is restricted. (1) Parking and Storage
(A) Generally. The parking or storage of any recreational vehicle on a public or private street or property is prohibited unless (i) a temporary RV-parking permit has been issued for the vehicle in accordance with this chapter or (ii) the vehicle is located entirely within a fully enclosed structure that is approved by the City’s Design Review Committee.
(B) Exceptions. The general rule in subparagraph (d)(1)(A) above does not apply in the following two situations:
(i) HOA Allowance. Paragraph (d)(1)(A) above does not
apply to a residential property or private street that is part 38 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

of a common interest development (“CID”) to the extent
that each homeowners’ association with jurisdiction over the CID has an express statement in its CC&Rs that allows for recreational vehicles to be parked within the CID.
(ii) Short-term Parking. Short-term parking (2-hour
maximum) in a public parking lot or in legal street parking space is permitted when patronizing a business or visiting a park in the city. After two hours have elapsed at any one location or combination of locations with the city, the vehicle must relocate outside city limits for a minimum of 48-consecutive hours.
(3) Overnight Use
(A) Generally. No person shall camp overnight within any recreational vehicle.
(B) Exception. The prohibition in subparagraph (3)(A) above does not apply to a resident who has been granted a Temporary Use Permit in response to an emergency situation. The city may issue a Temporary Use Permit under this paragraph for overnight camping within a recreational vehicle if the resident’s primary residential structure has been deemed unsafe for human
habitation due to an emergency situation. Examples of emergency situations include, but are not limited to mudslides, floods, fires, earthquakes, wind damage, long-term power outages, or as otherwise determined by the director of community development. (e) Temporary parking permit.
(1) Anyone wishing to park a recreational vehicle on a public or private street or lot shall obtain a temporary parking permit from the City of Indian Wells.
(2) There shall be no fee for such permit.
(3) Application submittal and permit issuance shall be made available through the City’s website or the City’s Community Development Department.
(4) The following restrictions shall apply to any temporary parking permit issued for a recreational vehicle:
39 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

(i) A temporary parking permit shall only be issued to a resident of the city, for a specific recreational vehicle with a valid state vehicle license and registration.
(ii) A temporary parking permit shall only be issued for a maximum of 24 hours on public or private streets and a maximum of 48 hours on private lots and shall not be reissued within 24 consecutive hours from expiration of the most recent parking permit issued. No more than two temporary parking permits shall be issued within a seven-day period for the same residence or recreational vehicle.
(iv) Except as expressly provided in this chapter, temporary parking on public and private streets shall only be allowed abutting the permittee’s property. A temporary parking permit does not authorize parking a dvehicle in a location or manner that is otherwise prohibited by this code or by the California Vehicle Code.
(v) Temporary parking on private lots shall be restricted to legal driveways, or that portion of the lot area where a legal garage is or can be constructed.
(vi) Temporary parking permits shall be conspicuously displayed in the lower driver’s side of the windshield or the nearest window.

The permit may be in printed form or handwritten on paper. The permit number must be clearly visible from the exterior of the vehicle to avoid a citation. The possession of a valid, unexpired permit that was not properly displayed shall not be a defense to a citation for an illegally parked recreational vehicle.
(vii) There shall be no other activity except loading or unloading of a vehicle while parked on a public or private street. Washing the vehicle or minor interior maintenance may only be performed in the area defined by subparagraph (v) above.
(viii) No person shall route electrical cords, extension cords, hoses, cables, or other items on or across city sidewalks or parkways from any property to a recreational vehicle parked on a public or private street at any time.
(ix) No person shall make a sewer connection with a recreational vehicle or dump wastes from a recreational vehicle onto public or 40 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

private streets or lots. Violation of this subsection is a misdemeanor and subject to the fine amount listed in Section

1.20.030(2).
(2) In order to obtain a temporary parking permit, the following information must be supplied to the City of Indian Wells:
(i) Address of the resident requesting the permit;
(ii) Name and phone number of the registered owner or person in control of the recreational vehicle;
(iii) License number, year, make, and model of the recreational vehicle, and general dimensions as to width, height, and length. (iv) The dates for which the permit is desired; and
(v) Additional information that the City Manager or his or her designee reasonably requires.
(f) Violations.
(1) One courtesy notice will be issued to the RV owner for the first violation of this code. All subsequent violations of the RV parking requirements by the same owner or involving the same vehicle shall be citable infractions. The city may issue administrative citations in accordance with Section 1.20.030(1).
(2) An owner who receives three administrative citations within a 12- month period, forfeits the privilege of being issued an RV parking permit for a one-year period, beginning on the date of the third citation. (g) Procedures for contesting administrative citation. If a recreational-vehicle owner is cited for violating this chapter, the owner or person in control of the recreational vehicle may appeal the administrative citation in accordance with Section 1.20.070.

II. Amendments.

Section 11.28.010 is hereby deleted.

Section 11.28.030 is hereby amended to read in its entirety as follows:

41 26529.00000\34890307.2

City of Indian Wells
Ordinance No. 737

11.28.030 Oversize commercial vehicles and commercial equipment.

(a) Except as otherwise allowed within an active homeowner’s association, no person shall park or leave standing upon any public or private street, or upon any portion of public or private lots or any highway within any area designated as a residential zone, any commercial vehicle, as defined in this Section, with a rated cargo weight greater than one ton except for loading and unloading purposes in connection with local deliveries. See Section11.36.125 for recreational vehicle parking requirements.

(b) No person shall park and leave standing upon any public or private lot within any area designated as a residential or commercial zone, any commercial equipment such as tree grinders, commercial trailers, tractors, and any other equipment used for construction, or demolition, unless the person has obtained and can provide to the City, upon request, the property owner’s written permission to use the site for storage and a City building permit has been issued for construction on the property, if applicable. (Ord. 570 § 1, 2005)

42 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:066-22 Item #:D.

Indian Wells City Council
Staff Report - Human Resources May 19, 2022
Annual Update to Employee’s Salary Range Schedule and FY 2022-23 Approved Employee Positions
RECOMMENDED ACTIONS:

Council APPROVES the annual update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013, and
APPROVES the Fiscal Year 2022-23 Approved Positions List with Annual Salaries and Ranges; and DIRECTS staff to post the employee salary range schedule on the City’s website.

DISCUSSION:

Effective August 1, 2013, the Public Employees’ Pension Reform Act (“PEPRA”) changed the law to make compensation more transparent, specifically as it relates to eligible income for the calculation of retiree benefits. Under PEPRA, the calculation of employees’ retirement benefits must be for a salary within a publicly approved salary range schedule which is published on the City’s website.

Pursuant to the City’s Personnel Rules and Regulations (as amended by City Council February 15, 2018), Section IV Salary Administration, Subsection 2, the City’s salary ranges adjust automatically on an annual basis, based on changes to the Riverside/San Bernardino/Ontario Consumer Price Index (“CPI-W”) ending the prior calendar year in an amount not to exceed 2.5%. For calendar year ending 2021, CPI increased 8.5%. The salary range schedule will adjust by 2.5%.

Attachment 1 updated the salary range schedule,Attachment 2 updated Exhibit A to the FY 2019 -21 MOU and Resolution 2022-03 for approved positions and salary ranges, and Attachment 3 is the U.S. Department of Labor CPI table.

City of Indian Wells Printed on 5/13/2022Page 1 of 2
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File #:066-22 Item #:D.

FISCAL IMPACT:

Employee salaries and salary ranges will be adjusted by 2.5%, effective July 1, 2022, to coincide with the employment agreements for City employees. The total cost increase is estimated at $80,150, which has been accounted for in the Fiscal Year 2022-23 budget. This increase is not applicable to the City Manager’s salary, as he has a separate employment agreement with the City.

ATTACHMENTS:

1. FY 2022-23 Salary Range Schedule

2. FY 2022-23 Approved Positions and Annual Salary Ranges

3.U.S. Department of Labor CPI Report
City of Indian Wells Printed on 5/13/2022Page 2 of 2
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City of Indian Wells
Salary Schedule
FY 2022-23
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum 1 32,825 41,031 2,735 3,419 1,262.50 1,578.13 15.781 19.727 2 33,646 42,057 2,804 3,505 1,294.06 1,617.58 16.176 20.220 3 34,487 43,109 2,874 3,592 1,326.42 1,658.02 16.580 20.725 4 35,349 44,186 2,946 3,682 1,359.58 1,699.47 16.995 21.243 5 36,233 45,291 3,019 3,774 1,393.57 1,741.96 17.420 21.774 6 37,139 46,423 3,095 3,869 1,428.41 1,785.51 17.855 22.319 7 38,067 47,584 3,172 3,965 1,464.12 1,830.14 18.301 22.877 8 39,019 48,773 3,252 4,064 1,500.72 1,875.90 18.759 23.449 9 39,994 49,993 3,333 4,166 1,538.24 1,922.80 19.228 24.035 10 40,994 51,242 3,416 4,270 1,576.69 1,970.87 19.709 24.636 11 42,019 52,524 3,502 4,377 1,616.11 2,020.14 20.201 25.252 12 43,069 53,837 3,589 4,486 1,656.51 2,070.64 20.706 25.883 13 44,146 55,183 3,679 4,599 1,697.92 2,122.41 21.224 26.530 14 45,250 56,562 3,771 4,714 1,740.37 2,175.47 21.755 27.193 15 46,381 57,976 3,865 4,831 1,783.88 2,229.85 22.299 27.873 16 47,540 59,426 3,962 4,952 1,828.48 2,285.60 22.856 28.570 17 48,729 60,911 4,061 5,076 1,874.19 2,342.74 23.427 29.284 18 49,947 62,434 4,162 5,203 1,921.05 2,401.31 24.013 30.016 19 51,196 63,995 4,266 5,333 1,969.07 2,461.34 24.613 30.767 20 52,476 65,595 4,373 5,466 2,018.30 2,522.87 25.229 31.536 21 53,788 67,235 4,482 5,603 2,068.76 2,585.95 25.859 32.324 22 55,132 68,915 4,594 5,743 2,120.48 2,650.59 26.506 33.132 Monthly Biweekly Hourly

2.50%
Pay Periods per Year
26 Hours per Year
2,080
Salary Range Annual
Range Increase

FACTORS
Range 19 , Maximum, Annual
$63,994.85
Range Spread

25.00%
ATTACHMENT #1
45 City of Indian Wells
Salary Schedule
FY 2022-23
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum Monthly Biweekly HourlySalary Range Annual
23 56,511 70,638 4,709 5,887 2,173.49 2,716.86 27.169 33.961 24 57,923 72,404 4,827 6,034 2,227.82 2,784.78 27.848 34.810 25 59,372 74,214 4,948 6,185 2,283.52 2,854.40 28.544 35.680 26 60,856 76,070 5,071 6,339 2,340.61 2,925.76 29.258 36.572 27 62,377 77,972 5,198 6,498 2,399.12 2,998.90 29.989 37.486 28 63,937 79,921 5,328 6,660 2,459.10 3,073.88 30.739 38.423 29 65,535 81,919 5,461 6,827 2,520.58 3,150.72 31.507 39.384 30 67,173 83,967 5,598 6,997 2,583.59 3,229.49 32.295 40.369 31 68,853 86,066 5,738 7,172 2,648.18 3,310.23 33.102 41.378 32 70,574 88,218 5,881 7,351 2,714.39 3,392.98 33.930 42.412 33 72,338 90,423 6,028 7,535 2,782.25 3,477.81 34.778 43.473 34 74,147 92,684 6,179 7,724 2,851.80 3,564.75 35.648 44.559 35 76,001 95,001 6,333 7,917 2,923.10 3,653.87 36.539 45.673 36 77,901 97,376 6,492 8,115 2,996.18 3,745.22 37.452 46.815 37 79,848 99,810 6,654 8,318 3,071.08 3,838.85 38.389 47.986 38 81,844 102,305 6,820 8,525 3,147.86 3,934.82 39.348 49.185 39 83,890 104,863 6,991 8,739 3,226.55 4,033.19 40.332 50.415 40 85,988 107,485 7,166 8,957 3,307.22 4,134.02 41.340 51.675 41 88,137 110,172 7,345 9,181 3,389.90 4,237.37 42.374 52.967 42 90,341 112,926 7,528 9,410 3,474.65 4,343.31 43.433 54.291 43 92,599 115,749 7,717 9,646 3,561.51 4,451.89 44.519 55.649 44 94,914 118,643 7,910 9,887 3,650.55 4,563.19 45.632 57.040 45 97,287 121,609 8,107 10,134 3,741.81 4,677.27 46.773 58.466 46 99,719 124,649 8,310 10,387 3,835.36 4,794.20 47.942 59.927 47 102,212 127,765 8,518 10,647 3,931.24 4,914.05 49.141 61.426 48 104,768 130,960 8,731 10,913 4,029.52 5,036.91 50.369 62.961 49 107,387 134,234 8,949 11,186 4,130.26 5,162.83 51.628 64.535 50 110,071 137,589 9,173 11,466 4,233.52 5,291.90 52.919 66.149 51 112,823 141,029 9,402 11,752 4,339.36 5,424.20 54.242 67.802 52 115,644 144,555 9,637 12,046 4,447.84 5,559.80 55.598 69.498 53 118,535 148,169 9,878 12,347 4,559.04 5,698.80 56.988 71.235 54 121,498 151,873 10,125 12,656 4,673.01 5,841.27 58.413 73.016 55 124,536 155,670 10,378 12,972 4,789.84 5,987.30 59.873 74.841 56 127,649 159,561 10,637 13,297 4,909.58 6,136.98 61.370 76.712 57 130,840 163,551 10,903 13,629 5,032.32 6,290.40 62.904 78.630 58 134,111 167,639 11,176 13,970 5,158.13 6,447.66 64.477 80.596 59 137,464 171,830 11,455 14,319 5,287.08 6,608.86 66.089 82.611 60 140,901 176,126 11,742 14,677 5,419.26 6,774.08 67.741 84.676 46

City of Indian Wells
Salary Schedule
FY 2022-23
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum Monthly Biweekly HourlySalary Range Annual
61 144,423 180,529 12,035 15,044 5,554.74 6,943.43 69.434 86.793 62 148,034 185,042 12,336 15,420 5,693.61 7,117.02 71.170 88.963 63 151,735 189,668 12,645 15,806 5,835.95 7,294.94 72.949 91.187 64 155,528 194,410 12,961 16,201 5,981.85 7,477.31 74.773 93.466 65 159,416 199,270 13,285 16,606 6,131.40 7,664.25 76.642 95.803 66 163,402 204,252 13,617 17,021 6,284.68 7,855.85 78.559 98.198 67 167,487 209,358 13,957 17,447 6,441.80 8,052.25 80.522 100.653 68 171,674 214,592 14,306 17,883 6,602.84 8,253.56 82.536 103.169 69 175,966 219,957 14,664 18,330 6,767.92 8,459.89 84.599 105.749 70 180,365 225,456 15,030 18,788 6,937.11 8,671.39 86.714 108.392 71 184,874 231,093 15,406 19,258 7,110.54 8,888.18 88.882 111.102 72 189,496 236,870 15,791 19,739 7,288.30 9,110.38 91.104 113.880 73 194,233 242,792 16,186 20,233 7,470.51 9,338.14 93.381 116.727 74 199,089 248,861 16,591 20,738 7,657.28 9,571.59 95.716 119.645 75 204,066 255,083 17,006 21,257 7,848.71 9,810.88 98.109 122.636 76 209,168 261,460 17,431 21,788 8,044.92 10,056.16 100.562 125.702 77 214,397 267,997 17,866 22,333 8,246.05 10,307.56 103.076 128.844 78 219,757 274,696 18,313 22,891 8,452.20 10,565.25 105.652 132.066 79 225,251 281,564 18,771 23,464 8,663.50 10,829.38 108.294 135.367 80 230,882 288,603 19,240 24,050 8,880.09 11,100.11 111.001 138.751 81 236,654 295,818 19,721 24,652 9,102.09 11,377.62 113.776 142.220 82 242,571 303,214 20,214 25,268 9,329.65 11,662.06 116.621 145.776 47 BEGIN TOP

POSITION RANGE RANGE RANGE
1 City Manager N/A 250,000$ 250,000$
2 Deputy City Manager 70 180,365$ 225,456$
3 Finance Director 68 171,674$ 214,592$
3a Finance Director*N/A 193,157$ 234,789$
4 Public Works Director 67 167,487$ 209,358$
5 Community Development Director 66 163,402$ 204,252$ 6 Information Technology Manager 58 134,111$ 167,639$ 6a Information Technology Manager*N/A 147,213$ 178,943$ 7 Building Official & Code Enforcment Mgr.56 127,649$ 159,561$ 8 Assistant Finance Director 55 124,536$ 155,670$
9 City Clerk 53 118,535$ 148,169$
10 Housing Manager 50 110,071$ 137,589$
11 Senior Management Analyst 46 99,719$ 124,649$
12 Senior Management Analyst 46 99,719$ 124,649$
13 Public Works Manager 46 99,719$ 124,649$
14 Public Works Field Supervisor 44 94,914$ 118,643$ 15 Planner 41 88,137$ 110,172$
16 Management Analyst 40 85,988$ 107,485$
17 Senior Executive Assistant 37 79,848$ 99,810$
18 Building Inspector II/Code Enforcement Officer 35 76,001$ 95,001$ 19 Accounting Technician III/Payroll 32 70,574$ 88,218$ 19a Accounting Technician III/Payroll*N/A 85,511$ 103,942$ 20 Senior Administrative Assistant 32 70,574$ 88,218$ 21 Permit Technician II 31 68,853$ 86,066$
21a Permit Technician II*N/A 81,391$ 98,933$
22 Accounting Technician II 28 63,937$ 79,921$
22a Accounting Technician II*N/A 66,801$ 81,199$
23 Accounting Technician II 28 63,937$ 79,921$
23a Accounting Technician II*N/A 66,801$ 81,199$
24 Administrative Assistant 28 63,937$ 79,921$
25 Permit Technician I 27 62,377$ 77,972$
25a Permit Technician I*N/A 70,183$ 85,310$
26 Planning Technician I 27 62,377$ 77,972$
27 Accounting Technician I 26 60,856$ 76,070$
28 Maintenance Worker III 25 59,372$ 74,214$
28a Maintenance Worker III*N/A 66,801$ 81,199$
29 Maintenance Worker II 21 53,788$ 67,235$
30 Office Assistant 19 51,196$ 63,995$
31 Maintenance Worker I 17 48,729$ 60,911$
32 Maintenance Worker I 17 48,729$ 60,911$
33 Maintenance Worker I 17 48,729$ 60,911$
3,252,863$ 3,976,770$
City of Indian Wells
Approved Positions List w/ Annual Salaries and Ranges
Salaries for Fiscal Year 2022/23
*Hired on or before 02/17/2022
ATTACHMENT #2
48 Bureau of Labor Statistics
Series Title All items in Riverside‐San Bernardino‐Ontario, CA, urban wage earners and clerical workers, not seasonally adjusted Series ID CWURS49CSA0
Seasonality Not Seasonally Adjusted
Survey Name CPI for Urban Wage Earners and Clerical Workers (CPI‐W) Measure Data Type All items
Area Riverside‐San Bernardino‐Ontario, CA
Item All items
Year Period Label Observation
Value 12‐Month % Change
2021 M01 2021 Jan 110.204 2.4
2021 M03 2021 Mar 111.823 4.1
2021 M05 2021 May 113.749 5.8
2021 M07 2021 Jul 115.129 6.5
2021 M09 2021 Sep 116.254 7.0
2021 M11 2021 Nov 117.840 8.1
2022 M01 2022 Jan 119.557 8.5
CPI for Urban Wage Earners and Clerical Workers (CPI‐W) Source: Bureau of Labor Statistics Generated on: May 3, 2022 (12:51:40 PM) ATTACHMENT #3
49 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-025-22 Item #:E.

Indian Wells City Council
Staff Report - Finance May 19, 2022
Resolution Approving an Affordable Housing Public Improvements Funding Agreement between the Indian Wells Housing Authority and the City of Indian Wells to Fund the Cost of Certain Infrastructure Improvements RECOMMENDED ACTION:

Council APPROVES a Resolution No. 2022-23 approving an Affordable Housing Public Improvements Funding Agreement between the Indian Wells Housing Authority and the City of Indian Wells and making findings pursuant to California Health and Safety Code Section 33334.2(e)(2).

DISCUSSION:

The Housing Authority owns certain property located on Highway 111, south of the Whitewater Drainage Channel, comprised of Assessor Parcel Numbers 633-410-046, -036, -041, -052, -051, and - 045 (the “Property”), which was transferred to the Housing Authority as an affordable housing asset of the former Redevelopment Agency of the City of Indian Wells.

The Authority is planning to develop the Property as affordable housing, but the Property is relatively narrow, as it is bounded by Highway 111 and the Whitewater Drainage Channel (the “Drainage Channel”). In addition, the slopes of the property are not protected from erosion that occurs along the Drainage Channel. This prevents the City from developing affordable housing on the Property.

The City has proposed to relocate the Drainage Channel approximately sixty (60) feet to the north along the northern boundary of the Property as part of a larger project to relocate the Drainage Channel, but also to install concrete armoring along the Drainage Channel to protect the Property and prevent erosion. These improvements are collectively referred to in this report as the “Drainage Channel Improvements”.

These proposed Drainage Channel Improvements will directly benefit the Property by increasing the overall developable area of the Property, which will help to facilitate the development of an increased number of affordable housing units on the Property. The Housing Authority has certain funds that are retained in the Authority’s Low and Moderate Income Housing Asset Fund, which are to be utilized to develop affordable housing in the City, in accordance with the requirements of the Community Redevelopment Law (Health & Safety Code §§33000 et seq.), with certain modifications City of Indian Wells Printed on 5/13/2022Page 1 of 3
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File #:RES-025-22 Item #:E.

Community Redevelopment Law (Health & Safety Code §§33000 et seq.), with certain modifications set forth in Health & Safety Code Section 34176.1.

Pursuant to Health and Safety Code Section 33334.2(e)(2), the Authority may utilize funds in the Low and Moderate Income Housing Asset Fund to improve real property or building sites with onsite or offsite improvements, provided that (i) the improvements are part of the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units, and (ii) the Authority requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for a period of not less than 55 years for affordable rental units, or 45 years for affordable for-sale units.

The proposed improvements are a part of the future development of affordable units on the Property, in that they will increase the size and development potential of the Property and prevent damage to the property from erosion. They are a reasonable and fundamental component of the future development of affordable housing on the Property, since without the relocation of the Drainage Channel the Housing Authority would not be able to develop the same number of affordable housing units on the Property. Additionally, the Property must be developed for affordable housing consistent with the requirements of the Community Redevelopment Law, and therefore the future affordable units will be subject to either 45-year (for sale) or 55 year (for rental) covenants to ensure the continued affordability of these units. The Drainage Channel Improvements will directly benefit the Property and the Authority, and Authority staff recommends that the Authority fund its proportionate share of the costs of the Drainage Channel Improvements.

The Authority and the City have negotiated the terms of a public improvements funding agreement ("Public Improvements Funding Agreement") which, among other things, provides for the Authority’s funding of a portion of the costs and expenses actually incurred and paid by City in connection with the acquisition of the land for, and design and construction of, the Drainage Channel Project that is attributable to the relocation and reinforcement of the Drainage Channel adjacent to the Property.

The Authority’s commitment is limited to Two Million Three Hundred Thousand Dollars, which is the Authority’s estimated proportionate share of the costs of the Drainage Channel Project.

Staff is recommending that the Board adopt the enclosed resolution approving the Public Improvements Funding Agreement and making the necessary findings to affirm that this funding commitment is consistent with Health & Safety Code Section 33334.2(e)(2).

FISCAL IMPACT:

The Authority’s total funding commitment under the Agreement is Two Million Three Hundred Thousand Dollars ($2,300,000), which represents the Authority’s proportionate share of the estimated costs of the overall project. The Authority has available funds in the Low- and Moderate- Income Housing Asset Fund to fund this cost. The Authority will make regular payments to the City as construction on Drainage Channel Improvements begins.

City of Indian Wells Printed on 5/13/2022Page 2 of 3
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File #:RES-025-22 Item #:E.

ATTACHMENTS:

1. Resolution No. 2022-23

2. Agreement

3. Affordable Housing Property site map
City of Indian Wells Printed on 5/13/2022Page 3 of 3
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26529.00041\40050979.1
RESOLUTION NO. 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS APPROVING AN AFFORDABLE HOUSING PUBLIC

IMPROVEMENTS FUNDING AGREEMENT BETWEEN THE HOUSING

AUTHORITY OF THE CITY OF INDIAN WELLS AND THE CITY OF

INDIAN WELLS AND MAKING FINDINGS IN CONNECTION

THEREWITH PURSUANT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33334.2(e)(2)
WHEREAS, the Housing Authority of the City of Indian Wells (the “Authority”) is the owner of that certain property comprised of approximately 8 acres, located on Highway 111, south of the Whitewater Drainage Channel, which property includes APNs 633-410-046, -036, -041, -052, -051 and -045 (the “Property”); and WHEREAS, the Property was transferred to the Housing Authority pursuant to Health and Safety Code Section 34176, when the City of Indian Wells (“City”), as the entity that authorized the creation of the dissolved Redevelopment Agency of the City of Indian Wells (“RDA”), elected not to retain the housing assets and functions previously performed by the RDA, and instead elected to transfer all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the RDA, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, to Seller, as provided in Resolution No. 2012-05 adopted on January 12, 2012; and
WHEREAS, the Authority, as the housing successor to the RDA, desires to develop the Property as affordable housing in accordance with the requirements of Health & Safety Code Section 34176.1; and
WHEREAS, the Property is bordered by the Whitewater Drainage Channel (the “Drainage Channel”) to the north, and alignment of the Drainage Channel adjacent to the Property creates a narrow property and affects the design and number of affordable housing units that the Authority may produce on site; and WHEREAS, the City is proposing to relocate the Drainage Channel approximately sixty (60) feet to the north, which will increase the width of the Property and result in a larger lot and the ability to create more affordable units on site, and provide channel bank armoring to protect the Property and prevent erosion along the northern border of the Property (the “Drainage Channel Project”). This relocation of the Drainage Channel is part of a larger relocation project that will also benefit other properties located adjacent to the Drainage Channel; and WHEREAS, the Authority desires to pay its proportionate share of the cost of relocation and improvements to the Drainage Channel in order to increase the buildable ATTACHMENT #1
53 26529.00041\40050979.1

City of Indian Wells
Resolution No. 2022-23

area of Property and increase the viability of future affordable housing to be developed on site; and

WHEREAS, the Authority currently has funds that are held in the Authority’s Low and Moderate Income Housing Asset Fund established pursuant to Health & Safety Code Section 34176, which funds may be used for the development of affordable housing in accordance with the Community Redevelopment Law (Health & Safety Code §§33000 et seq.) except as set forth in Health & Safety Code Section 34176.1; and

WHEREAS, pursuant to Health and Safety Code Section 33334.2(e)(2), the Authority may utilize funds in the Low and Moderate Income Housing Asset Fund to improve real property or building sites with onsite or offsite improvements, provided that (i) the improvements are part of the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units, and (ii) the Authority requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for the same time period and in the same manner as provided in subdivision (c) and paragraph (2) of subdivision (f) of Section 33334.3; and

WHEREAS, the Authority and the City have negotiated the terms of a public improvements funding agreement ("Public Improvements Funding Agreement") which, among other things, provides for the Authority’s funding of a portion of the costs and expenses actually incurred and paid by City in connection with the acquisition of the land for, and design and construction of, the Drainage Channel Project that is attributable to the relocation and reinforcement of the Drainage Channel adjacent to the Property, which will enable the Authority to develop an increased amount of affordable housing on the Property; and

WHEREAS, a copy of the Public Improvements Funding Agreement is attached to this resolution ("Resolution") as Exhibit A and incorporated into this Resolution by this reference; and

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

Section 1. Findings. The City Council of the City finds and determines that:

(i) The Drainage Channel Project is part of the development of new construction of affordable housing units in that it will facilitate the development of the Property with a larger number of affordable housing units than would otherwise be possible absent completion of the Drainage Channel Project, and the portion of the Drainage Channel Project adjacent to the Property is a reasonable and fundamental 54 26529.00041\40050979.1

City of Indian Wells
Resolution No. 2022-23

component of the affordable housing units to be developed on the Property, in that without completion of the Drainage Channel Project the Authority would be unable to provide the same number of affordable housing units on site; and (ii) the housing units to be developed on the Property shall remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, or low income for the same time period and in the same manner as provided in subdivision (c) and paragraph (2) of subdivision (f) of Section 33334.3.

Section 2. Approval. The City Council hereby approves the Public Improvements Funding Agreement.

Section 3. Further Acts. The City Council hereby authorizes and directs the City Manager, with the concurrence of the City Attorney, to execute the Public Improvements Funding Agreement and to take such further actions and execute such other agreements and documents as may be necessary or appropriate in administering the actions authorized by this Resolution.

Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.

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

55 26529.00041\40050979.1

City of Indian Wells
Resolution No. 2022-23

CERTIFICATION FOR RESOLUTION NO. 2022-23

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
56 26529.00041\40050979.1

EXHIBIT “A”
TO
RESOLUTION NO. 2022-23

Public Improvements Funding Agreement

[Attached Behind This Page]
57 26529.00041\40050657.1 1

AFFORDABLE HOUSING

PUBLIC IMPROVEMENTS FUNDING AGREEMENT
(Hwy 111 Housing Authority Property)

THIS AFFORDABLE HOUSING PUBLIC IMPROVEMENTS FUNDING
AGREEMENT ("Agreement") is dated as of _______________, 2022, for reference purposes only, and is entered into by and between the HOUSING AUTHORITY OF THE CITY OF INDIAN WELLS ("Authority") and the CITY OF INDIAN WELLS ("City"). The Authority and the City enter into this Agreement with reference to the following recited facts (each a "Recital"):

RECITALS
A.Authority is the owner of that certain property comprised of approximately eight (8)acres, located on Highway 111, south of the Whitewater Drainage Channel, which property includes APNs 633-410-046, -036, -041, -052, -051 and -045 (the “Property”).

B.The Property was transferred to the Housing Authority pursuant to Health and Safety Code Section 34176, when the City of Indian Wells (“City”), as the entity that authorized the creation of the dissolved Redevelopment Agency of the City of Indian Wells (“RDA”), elected not to retain the housing assets and functions previously performed by the RDA, and instead elected to transfer all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the RDA, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, to Seller, as provided in Resolution No. 2012-05 adopted on January 12, 2012.

C.The Authority, as the housing successor to the RDA, desires to develop the Property as affordable housing in accordance with the requirements of Health & Safety Code Section 34176.1.

D.The Property is bordered by the Whitewater Drainage Channel (the “Drainage Channel”) to the north, and alignment of the Drainage Channel adjacent to the Property creates a narrow property and affects the design and number of affordable housing units that the Authority may produce on site.

E.The City is proposing to relocate the Drainage Channel approximately sixty (60) feet to the north, which will increase the width of the Property and result in a larger lot and the ability to create more affordable units on site, and provide channel bank armoring to protect the Property and prevent erosion along the northern border of the Property (the “Drainage Channel Project”). This relocation of the Drainage Channel is part of a larger relocation project that will also benefit other properties located adjacent to the Drainage Channel.

F. The Authority desires to pay its proportionate share of the cost of relocation and improvements to the Drainage Channel in order to increase the buildable area of Property and increase the viability of future affordable housing to be developed on site.

ATTACHMENT #2
58 26529.00041\40050657.1

2 G. The Authority currently has funds that are held in the Authority’s Low and Moderate Income Housing Asset Fund established pursuant to Health & Safety Code Section 34176, which funds may be used for the development of affordable housing in accordance with the Community Redevelopment Law (Health & Safety Code §§33000 et seq.) except as set forth in Health & Safety Code Section 34176.1.

H. Pursuant to Health and Safety Code Section 33334.2(e)(2), the Authority may utilize funds in the Low and Moderate Income Housing Asset Fund to improve real property or building sites with onsite or offsite improvements, provided that (i) the improvements are part of the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units, and (ii) the Authority requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for the same time period and in the same manner as provided in subdivision (c) and paragraph (2) of subdivision (f) of Section 33334.3.

I. The intent of the Authority and the City in entering into this Agreement is to provide for the Authority’s share of the costs and expenses actually incurred and paid by the City in connection with the design and construction of the Drainage Channel Project.

J. In accordance with Health and Safety Code Section 33334.2(e)(2), the Authority proposes to allocate Two Million Three Hundred Thousand Dollars ($2,300,000.00) from the Authority’s Low and Moderate Income Housing Fund to the City for the purpose of reimbursing the City for a portion of the costs the City has incurred or will incur in connection with the design and construction of the Drainage Channel Project, in furtherance of the improvements that will directly benefit the Property and enable the Authority to develop additional affordable housing units on site.

K. The completion of the City Yard Project will improve the City's efficiency by bringing the Public Works Department under one roof, providing direct and substantial benefits to the Project Area.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION AND THE

PROMISES AND COVENANTS SET FORTH IN THIS AGREEMENT, THE AUTHORITY AND THE CITY AGREE AS FOLLOWS:

ARTICLE I

DEFINITIONS

Section 1.1 Defined Terms. In addition to the usage of certain words, terms or phrases that are defined in the initial paragraph or Recitals of this Agreement, the following words, terms and phrases are used in this Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation:

59 26529.00041\40050657.1

3 (a) "Agreement" means and refers to this Affordable Housing Public Improvements Funding Agreement, dated as of _______________, 2022, for reference purposes only, entered into by and between the Authority and the City.

(b) "Authority" means and refers to the Housing Authority of the City of Indian Wells.

(c) "City" means and refers to the City of Indian Wells.

(d) "City Manager" means and refers to the City Manager of the City or his or her designee or successor in function.

(e) "CRL" means California Health and Safety Code Sections 33000, et seq.

(f) "Effective Date" means and refers to the first date on which all of the following have occurred:

(1) This Agreement has been approved by the City Council and executed by the authorized representative(s) of the City and delivered to the Authority; and

(2) This Agreement has been approved by the Authority governing body and this Agreement has been executed by the authorized representative(s) of the Authority and delivered to the City.

(g) "Event of Default" shall have the meaning ascribed to the term in Section

3.1. (h) "Executive Director" means and refers to the Executive Director of the Authority or his designee or successor in function.

(i) "Maximum Funding Amount" means and refers to an amount not to exceed Two Million Three Hundred Thousand Dollars ($2,300,000.00) together with interest on such amount as provided in this Agreement, to be reimbursed by the Authority to the City pursuant to this Agreement.

(j) "Party" means and refers, individually, to either the Authority or the City, as applicable.

(k) "Parties" means and refers, collectively, to the Authority and the City.

(l) "Person" means and refers to any association, corporation, governmental entity or agency, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind.

(m) "Property" means and refers to that certain real property located on Highway 111 and comprised of APNs 633-410-046, -036, -041, -052, -051 and -045, that is 60 26529.00041\40050657.1

4 specifically described in Exhibit A attached to this Agreement and incorporated into this Agreement by this reference.

(n) "Funding Amount" means and refers to the aggregate of any and all sums of money provided by the Authority to the City pursuant to this Agreement.

(o) "Unavoidable Delay" means and refers to a delay in a Party performing any of its obligations under this Agreement, except payment of money, arising from or on account of any cause whatsoever beyond the Party's reasonable control, despite such Party's reasonable diligent efforts, including industry-wide strikes, labor troubles or other union activities, casualty, war, acts of terrorism or riots.

ARTICLE II
FUNDING AMOUNT; DRAINAGE CHANNEL PROJECT

Section 2.1 Authority Obligation Regarding Funding Amount Distribution. The Authority shall, within fifteen (15) calendar days following request by the City, disburse to the City all or such portion of the Maximum Funding Amount as the City may request for costs actually incurred for the design and construction of the Drainage Channel Project. The aggregate of all sums disbursed shall not exceed the Maximum Funding Amount.

Section 2.2 City Use of the Funding Amount. The City and the Authority each agree that the City shall use the proceeds from the Funding Amount exclusively for reimbursing itself for the costs and expenses incurred by the City in planning, designing, constructing and installing the Drainage Channel Project. The City and the Authority further agree that the Authority’s share of any costs of the Drainage Channel Project shall be limited to a proportionate share of the total cost of the Drainage Channel Project, based on the length of the Drainage Channel that fronts the Property, as compared to the total length of the portion of the Drainage Channel to be relocated and reinforced pursuant to the Drainage Channel Project. These improvements will directly benefit the Property by enabling the Authority to develop a larger number of affordable units on the Property, in furtherance of the Authority’s affordable housing goals.

Section 2.3 Funding Amount Limited to Low and Moderate Income Housing Asset Funds. Notwithstanding any other provision of this Agreement, the Authority’s obligations under this Agreement do not constitute a formal pledge of any revenues of the Authority. The Authority’s payment obligations under this Agreement shall be a special, limited fund obligation of the Authority, payable solely from the Low and Moderate Income Housing Asset Fund, and no other source.

ARTICLE III

DEFAULTS AND REMEDIES

Section 3.1 Events of Default. In addition to other acts or omissions of the Parties that may legally or equitably constitute a default or breach of this Agreement, the occurrence of any of the following specific events shall constitute an "Event of Default" under this Agreement:

61 26529.00041\40050657.1

5 (a) Any non-monetary default by a Party under this Agreement that is not cured within thirty (30) days following the receipt by the defaulting party of notice of such default from another Party.

(b) A Party fails to make any payment or deposit of required in accordance with the terms of this Agreement or to pay any other charge or amount set forth in this Agreement, within seven (7) days' following the defaulting Party's receipt of written notice of such failure from another Party.

Section 3.2 Governing Laws. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflicts of laws principles.

The Parties acknowledge and agree that this Agreement is entered into and is to be fully performed in the City, County of Riverside, State of California.

Section 3.3 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies for the same default or any other default by any other Party.

ARTICLE IV

GENERAL PROVISIONS

Section 4.1 Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference.

Section 4.2 Non-liability of Officials, Employees or Consultants. No elected official, officer, employee, consultant, attorney or agent of any Party shall be personally liable to any other Party, or any successor in interest of any other Party, in the event of any default or breach by a Party under this Agreement or for any amount that may become due to another Party or to its successor, or on any obligations under the terms or conditions of this Agreement.

Section 4.3 Calculation of Time Periods. Unless otherwise specified, all references to time periods in this Agreement measured in days shall be to consecutive calendar days, all references to time periods in this Agreement measured in months shall be to consecutive calendar months and all references to time periods in this Agreement measured in years shall be to consecutive calendar years. Any reference to business days in this Agreement shall mean and refer to business days of the City.

Section 4.4 Amendment. No amendment or modification of this Agreement shall be effective, unless it is made in writing and signed by the Party against whom the amendment or modification is sought to be enforced. The Party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another Party, unless it is made in writing and signed by the waiving Party. No waiver of any default or breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding 62 26529.00041\40050657.1

6 default or breach of such term or condition, or of any other term or condition contained in this Agreement.

Section 4.5 Severability. If any provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

Section 4.6 Construction. Unless otherwise indicated, all article and section references are to the articles and sections of this Agreement. The headings used in this Agreement are provided for convenience of reference only and this Agreement shall be interpreted without reference to any headings. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if all Parties had prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement. In the event the date on which a Party is required to take any action under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day. The use of the word "or" in this Agreement shall also include the word "and." The use of the word "including" in this Agreement shall be interpreted as though followed by the phrase "without limitation."

Section 4.7 Time of Essence. Time is of the essence of each provision of this Agreement.

Section 4.8 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any Person other than the Parties and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third Person to any Party or give any third Person any right of subrogation or action over against any Party.

Section 4.9 Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Section 4.10 Unavoidable Delay; Extension of Time of Performance. Subject to specific provisions of this Agreement, performance by any Party under this Agreement shall not be deemed, or considered to be in default, where any such default is due to an Unavoidable Delay. Any Party claiming Unavoidable Delay shall notify each other Party: (a) within ten (10) days after the Party claiming Unavoidable Delay knows of any such Unavoidable Delay; and (b) within five (5) days after the condition causing such Unavoidable Delay ceases to exist. To be effective, any notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of time for an Unavoidable Delay shall commence on the date of receipt of written notice of the occurrence of the Unavoidable Delay by each Party not 63 26529.00041\40050657.1

7 requesting an extension of time to perform due to such Unavoidable Delay and shall continue until the end of the condition causing the Unavoidable Delay. The Party seeking to be excused from performance shall exercise its best efforts to cure the condition causing the Unavoidable Delay, within a reasonable time. Each Party expressly agrees that adverse changes in economic conditions, of any Party specifically or the economy generally, or changes in market conditions or demand or changes in the economic assumptions of either of them that may have provided a basis for entering into this Agreement shall not operate to excuse or delay the performance of each and every one of each Party's obligations and covenants arising under this Agreement. All Parties expressly assume the risk of such adverse economic or market changes, whether or not foreseeable, as of the Effective Date.

Section 4.11 Binding on Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns.

Section 4.12 Entire Agreement.

(a) This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to the subjects addressed in this Agreement.

[Signatures on following page.]
64 26529.00041\40050657.1

8 SIGNATURE PAGE
TO

AFFORDABLE HOUSING

PUBLIC IMPROVEMENTS FUNDING AGREEMENT
(Hwy 111 Housing Authority Property)

IN WITNESS WHEREOF, the Authority and the City have executed this Affordable Housing Public Improvements Funding Agreement (Hwy 111 Housing Authority Property) by and through the signatures of their duly authorized representative(s) set forth below:

AUTHORITY:

HOUSING AUTHORITY OF THE
CITY OF INDIAN WELLS, a public body,
corporate and politic

By: ____________________________
Chris Freeland
Executive Director

Date: ____________________________

ATTEST

By: ____________________________
Angelica Avila
Authority Secretary

APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP

By: _________________________
Todd Leishman
Authority Counsel

CITY:

CITY OF INDIAN WELLS, a California
municipal corporation

By: ____________________________
Chris Freeland
City Manager

Date: ____________________________

ATTEST

By: ____________________________
Angelica Avila
City Clerk

APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP

By: _________________________________
Todd Leishman
City Attorney

65 26529.00041\40050657.1

EXHIBIT A

EXHIBIT A

AFFORDABLE HOUSING

PUBLIC IMPROVEMENTS FUNDING AGREEMENT
(Hwy 111 Housing Authority Property)

Legal Description of Real Property

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ATTACHMENT #3
67 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:067-22 Item #:F.

Indian Wells City Council
Staff Report - Finance May 19, 2022
Annual Coachella Valley Association of Governments Transportation Uniform Mitigation Fee Adjustment
RECOMMENDED ACTION:

Council APPROVES amendments to the Annual Coachella Valley Association of Government (CVAG) Transportation Uniform Mitigation Fee.

BACKGROUND:

Subject to Section 3.23.020 of the City’s Municipal Code, the City established a transportation uniform mitigation fee (TUMF), the proceeds of which are placed in the trust fund established by the Coachella Valley Association of Governments (CVAG) and used to construct the transportation improvements.

CVAG administers the TUMF fees for valley wide transportation projects. Indian Wells like many other cities, simply collects TUMF fees through its permitting process and passes 100% of the TUMF fee to CVAG to fund projects. The TUMF fee is subject to annual Consumer Price Index (CPI) adjustments initiated by CVAG.

The Transportation Uniform Mitigation Fee was established in 1989 as a one-time impact fee charged on all new development occurring within the CVAG region. Monies collected through the TUMF program are applied to transportation-related capital facilities and infrastructure required to address new growth within the Coachella Valley and are intended to compliment revenue generated through Riverside County’s Measure A sales tax.

The Local Development Mitigation Fee inflation factor is calculated on the CPI for All Urban Consumers (CPI-U), All items, as the over-the-year percent change, which is measured as of December in the calendar year which ends in the previous fiscal year.

Consistent with the City’s Municipal Code, the City shall amend its fee amount in accord with the inflation factor adjustments initiated by CVAG. The inflation factor will be reviewed annually by the CVAG Executive Committee to consider implementation.

City of Indian Wells Printed on 5/13/2022Page 1 of 2
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File #:067-22 Item #:F.

On April 25, 2022, the CVAG Executive Committee approved adjusting the TUMF rates 8.2 percent.

The new rates will be implemented on January 1, 2023.

The Riverside-San Bernardino-Ontario CPI is measured every other month and does not include data for the month of December. To approximate a data point for an unrecorded month, the Bureau of Labor Statistics (BLS) recommends taking the square root of the product of the indexes for the preceding and subsequent months, in this case November and January. This approximated December data point can then be used to calculate the over-the-year percent change.

The CPI-U, All items, for the Riverside-San Bernardino-Ontario metropolitan area rose by 8.2 percent in 2021, largely due to steep increases in the cost of motor fuel, and, to a lesser extent, household energy. Motor fuel prices increased by almost 50-percent over the course of 2021, rebounding from a marked low point during the initial wave of the coronavirus pandemic. The revised rates from the table below will be implemented on January 1, 2023 TUMF Category Current Rate Proposed Rate Difference
Residential (per dwelling unit)
Single family detached $2,358 $2,550 $192
Multi-family attached $1,358 $1,470 $112
Nursing/congregate care $505 $545 $40
Transit oriented single family $2,004 $2,170 $166
Transit oriented multi-family $1,154 $1,250 $96
Non-Residential (per 1,000 sq. ft)
Retail $6,135 $6,640 $505
Office $2,440 $2,640 $200
Industrial $1,240 $1,340 $100
Fuel - gas (per dispensing unit)$8,790 $9,515 $725
Fuel - electric (per dispensing unit)$93 $100 $7
Hotel (per room)$3,583 $3,880 $297
Golf course (per acre)$939 $1,015 $76
ATTACHMENT:

1.CVAG Letter request
City of Indian Wells Printed on 5/13/2022Page 2 of 2
powered by Legistar™69

April 28, 2022

REVISED FEE SCHEDULE FOR THE TRANSPORTATION UNIFORM MITIGATION FEE EFFECTIVE JAUARY 1, 2023
The Transportation Uniform Mitigation Fee (TUMF) is a development impact fee designed to offset the effects of population growth on transportation infrastructure within the Coachella Valley. It is charged on any construction that will result in an increase in vehicular trips.

The TUMF is collected by the permitting jurisdiction in accordance with an adopted local ordinance, which further allows for an annual adjustment for inflation based on the Consumer Price Index for the Riverside-San Bernardino-Ontario metropolitan area. This inflation factor has been applied to the current fee schedule and results in the revised rates that will be assessed on new development starting January 1, 2023.

TUMF Category
Assessment
Unit
Rate as of
January 1, 2023
Single family detached Dwelling unit $2,550
Multi-family attached Dwelling unit $1,470
Nursing/congregate care Dwelling unit $545
Retail 1,000 sq. ft. $6,640
Office 1,000 sq. ft. $2,640
Industrial 1,000 sq. ft. $1,340
Fuel-gas Dispensing unit $9,515
Fuel-electric Dispensing unit $100
Hotel Room $3,880
Golf course Acre $1,015
For any question regarding the application of TUMF, please contact the Coachella Valley Association of Governments at (760) 346-1127 or by emailing [email protected].

ATTACHMENT #1
70 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:068-22 Item #:G.

Indian Wells City Council
Staff Report - Finance May 19, 2022
Clarification to Citywide Planning Fees
RECOMMENDED ACTION:

Council APPROVES updates clarifying the Citywide Planning Fees.

DISCUSSION:

Staff worked with the City Attorney’s Office to clarify language and provide uniformity within the Planning Fee section. Specifically, “miscellaneous section 6x” which generally describes the City’s application and pre-application of third-party reimbursable costs.

The City Attorney’s Office provided clarifying language for third-party reimbursable costs. Such reimbursable costs typically appear in Developer Reimbursement Agreements in which the City provides planning and legal services to a Developer for a potential project.

This includes but is not limited to legal review or preparation by the City Attorney and others of documents required by conditions of approval for land-use applications and approvals (e.g., CC&Rs, LLMD formation and agreements, assessment-district Formations and agreements, CFD-formation and agreements, reciprocal-access or parking agreements, easement agreements, owner- participation agreements, etc.).

FISCAL IMPACT:

No planning fees or other charges were changed as a part of the language clarification. The fiscal impact to the City and prospective Developers remains unchanged.

ATTACHMENTS:

1. Planning Fees (Red Line)
City of Indian Wells Printed on 5/13/2022Page 1 of 1
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ATTACHMENT #1
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I l-ee Schedule as adopted and amended by the coachella valley Association of I lGovernments from time to time as per Ordinance No. 65U Resolution No. 2011-25. lSu+*t545aO:
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Coachella Valley Multiple Species Habitat Conservation Plan/ Natural - Local Development Mitigation Fee (LDMF) - Commercial/tndustrial Communitv Conservation Plan Mitisation Fee Ordinance
Local Development Mitigation Fee (LDMF)
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(8.1 - 14 units per acre)
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Under Title 5 - Business License & Regulations
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*Fees subject to Annual CPI Adjustment
75 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-026-22 Item #:H.

Indian Wells City Council
Staff Report - Public Works May 19, 2022 Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account Funding Allocation
RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-24 approving the Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account Funding Allocation.

DISCUSSION:

Background:

In April 2017, California Governor Jerry Brown signed Senate Bill 1 (SB 1), known also as the Road Repair and Accountability Act of 2017, creating a new funding source to address the needs of California's transportation system. SB 1 created an account, the Road Maintenance and Rehabilitation Account (RMRA), where increases in the newly implemented per gallon fuel excise taxes and existing portions of diesel fuel sales taxes and vehicle registration fees would be deposited. Collectively, these RMRA funds are to be continuously appropriated on a monthly basis and apportioned by formula to cities and counties for road maintenance, rehabilitation, and safety needs. The first apportionment began in mid-January 2018.

Funding:

According to a report published by California City Finance, the City of Indian Wells (City) is estimated to receive an approximate total of $123,729 in Fiscal Year 2022-23. The estimate is provided by California City Finance (Attachment 2).

RMRA Program Requirements and Use of Funds:

Similar to the Highway Users Tax Account (HUTA) use rules, RMRA funds must be used for projects that include the following:
·Road maintenance and rehabilitation
City of Indian Wells Printed on 5/13/2022Page 1 of 5
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File #:RES-026-22 Item #:H.
·Safety projects
·Railroad grade separations
·Complete streets components (including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects); and ·Traffic control devices
RMRA funds may also be utilized by cities and counties towards match requirements for state or federal funds for eligible projects.

Furthermore, SB 1 contains non-obligatory language that encourage the use of RMRA funds to incorporate the following additional project elements (to the extent possible and cost-effective):
·Use of advanced material recycling techniques that reduce greenhouse gas emissions and reduce maintenance costs of local streets and roads
·Incorporate automotive technologies and infrastructure-to-vehicle communications for autonomous vehicle systems
·Promote resiliency to impacts of climate change, fires, floods, sea level rise; and ·Incorporate complete street elements that improve quality and safety for all users of transportation facilities.

Lastly, if a city or county has an average pavement condition index (PCI) score that meets or exceeds 80, the city or county may spend its RMRA funds on transportation priorities other than the previously listed items. The City contracted with Bucknam Infrastructure Group, Inc. in 2021 to conduct an assessment of the pavement throughout the entire City. The final report indicated the citywide PCI was 75.3 which is considered “Good” overall but doesn’t meet or exceed the required score of 80. The City Council has approved paving projects for FY 2022-23 which will help increase the City’s PCI.

Maintenance of Effort:

The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The MOE requirement ensures that the new RMRA funds do not replace existing levels of city general revenue spending on streets and roads and affirms the City is committed to maintaining the same level of services already being provided after receiving funds.

To receive RMRA funds for Fiscal Year (FY) 2022/2023, the City must maintain general fund spending for street, road, and highway purposes at no less than average of FY 2009/2010, FY 2010/2011, and FY 2011/2012. If the City fails to meet this requirement in a given year, it may make it up with additional expenditures the following year.

According to the California City Finance’s unofficial estimates, the City’s MOE is $1,836,481 ( Attachment 3).

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File #:RES-026-22 Item #:H.

Fiscal Year 2022-2023 Annual Project List:

Cities and counties must submit a project list pursuant to an adopted budget to the California Transportation Commission (CTC) prior to receiving RMRA funds in a fiscal year. The project list must include a description, location, proposed schedule of completion, and estimated useful life of the improvement for each proposed project. According to the guidelines adopted by the CTC in August 2018, “after submittal of the project list to the Commission, in the event a city or county elects to make changes to the project list pursuant to the statutory provision noted above, formal notification of the Commission is not required.”
The RMRA requires that a city or county submit to the CTC an annual report of project completion to receive RMRA funds. The report must include descriptions of all projects for which RMRA funds were expended including (as with the submittal of the preceding project listing) a description, location, proposed schedule of completion, and estimated useful life of the improvement for each proposed project
This fiscal year staff is recommending the following project list from the City’s Capital Improvement Program (CIP) for RMRA funding; the Highway 111 Rehabilitation, Montecito Dr Overlay and Stardust Ln Overlay.

Below is a further breakdown of each project.

Highway 111 Rehabilitation
Project Description:This project will support the City’s Pavement Management Program (PMP). The City’s PMP identifies the street for scheduled overlay as a preventative maintenance to extend its useful life. Overlay work consists of a thin surface grinding of existing pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping. This project will also utilize rubberized asphalt for the repairs and repaving.

Project Location: Highway 111 within city limits between Palm Desert and La Quinta Project Cost Allocation:$550,000
Proposed Schedule of Completion:The Phase 1 of the proposed project is currently out for construction bids. Work is scheduled for early FY 22/23.

Estimated Useful Life:The estimated life span is estimated to be equal to or greater than 15 years without major repair work required.

Montecito Dr. Overlay
Project Description:This project will support the City’s Pavement Management Program (PMP). The City’s PMP identifies the street for scheduled overlay as a preventative City of Indian Wells Printed on 5/13/2022Page 3 of 5
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File #:RES-026-22 Item #:H.
(PMP). The City’s PMP identifies the street for scheduled overlay as a preventative maintenance to extend its useful life. Overlay work consists of a thin surface grinding of existing pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping.

Project Location: Montecito Dr from Stardust Ln to Rancho Palmeras Dr.

Project Cost Allocation:$99,756
Proposed Schedule of Completion:The proposed project will begin design in fiscal year 2021/2022 and will be completed within the 22/23 Fiscal Year.

Estimated Useful Life:The estimated life span is estimated to be equal to or greater than 15 years without major repair work required.

Stardust Ln Overlay
Project Description:This project will support the City’s Pavement Management Program (PMP). The City’s PMP identifies the street for scheduled overlay as a preventative maintenance to extend its useful life. Overlay work consists of a thin surface grinding of existing pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping.

Project Location: Stardust Ln to Montecito Dr.

Project Cost Allocation:$77,771
Proposed Schedule of Completion:The proposed project will begin design in fiscal year 2021/2022 and will be completed by FY 22/23.

Estimated Useful Life:The estimated life span is estimated to be equal to or greater than 15 years without major repair work required.

The proposed resolution is expected to be acceptable as confirmation that the project list is in fact included in our CIP budget pursuant to a decision made at a regular public meeting.

FISCAL IMPACT:

In Fiscal Year 2022-23, the City is anticipating receiving an estimated $404,270 in RMRA funds which will support the funding of the Capital Improvement Plan’s annual asphalt program. Each of the projects identified are currently proposed CIP program.

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File #:RES-026-22 Item #:H.

ATTACHMENTS:

1. Resolution No. 2022-24

2. Projected Fiscal Year Revenues

3. Estimated Maintenance of Effort
City of Indian Wells Printed on 5/13/2022Page 5 of 5
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RESOLUTION NO. 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $123,729 in RMRA funding in Fiscal Year 2022-2023 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets and roads throughout the City this year and hundreds of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this ATTACHMENT #1
81 City of Indian Wells
Resolution No. 2020-24

revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “excellent” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following proposed projects will be funded in-part or solely with fiscal year 2022-2023 Road Maintenance and Rehabilitation Account revenues:

Highway 111 Rehabilitation

Project Description: This project will support the City’s Pavement Management Program (PMP). The City’s PMP identifies the street for scheduled overlay as a preventative maintenance to extend its useful life. Overlay work consists of a thin surface grinding of existing pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping. This project will also utilize rubberized asphalt.

Project Location: Highway 111 along city limits

Project Cost Allocation: $550,000

Proposed Schedule of Completion: The proposed project will start design in FY21/22 and construction in FY22-23

Estimated Useful Life: The estimated life span is estimated to be equal to or greater than 15 years without major repair work required.

Montecito Dr. Overlay

Project Description: This project will support the City’s Pavement Management Program (PMP). The City’s PMP identifies the street for scheduled overlay as a preventative maintenance to extend its useful life. Overlay work consists of a thin surface grinding of existing pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping.
82 City of Indian Wells
Resolution No. 2020-24

Project Location: Montecito Dr from Stardust Ln to Rancho Palmeras Dr.

Project Cost Allocation: $99,756

Proposed Schedule of Completion: The proposed project will begin design in fiscal year 2021/2022 and will be completed by FY 22-23.

Estimated Useful Life: The estimated life span is estimated to be equal to or greater than 15 years without major repair work required.

Stardust Ln Overlay

Project Description: This project will support the City’s Pavement Management Program (PMP). The City’s PMP identifies the street for scheduled overlay as a preventative maintenance to extend its useful life. Overlay work consists of a thin surface grinding of existing pavement, repairing various areas of sub-grade and applying new asphalt and fresh striping.

Project Location: Stardust Ln to Montecito Dr..

Project Cost Allocation: $77,771

Proposed Schedule of Completion: The proposed project will begin design in fiscal year 2021/2022 and will be completed by FY 22-23.

Estimated Useful Life: The estimated life span is estimated to be equal to or greater than 15 years without major repair work required.

3. The Capital Improvement Program budget for fiscal year 2022-23 includes RMRA funding to be appropriated for the aforementioned programs.

SECTION 1. The City Council ADOPTS this Resolution approving the fiscal year 2022/2023 road maintenance and rehabilitation account funding allocation.

SECTION 2. This Resolution shall take effect upon adoption.

83 City of Indian Wells
Resolution No. 2020-24

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 BILL NO. 2022-24

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of members of the City Council is five (5) and, 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

84 Local Streets and Roads - Projected Revenues
2021-22 2022-23
Estimated January 2022 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

PLACER COUNTY
AUBURN 384,711 298,943 683,654 427,997 328,995 756,993
COLFAX 62,521 44,988 107,508 69,035 49,510 118,545
LINCOLN 1,306,706 1,027,837 2,334,543 1,455,536 1,131,162 2,586,698 LOOMIS 184,588 141,011 325,598 205,006 155,186 360,192
ROCKLIN 1,852,563 1,459,589 3,312,152 2,063,910 1,606,317 3,670,227 ROSEVILLE 3,850,367 3,042,148 6,892,516 4,290,867 3,347,966 7,638,833 County of Placer 13,591,983 9,464,722 23,056,705 14,968,103 10,416,181 25,384,284 Total Cities & County: Placer 21,233,438 15,479,238 36,712,676 21,233,438 15,479,238 36,712,676

PLUMAS COUNTY
PORTOLA 170,617 43,579 214,196 176,587 47,960 224,547
County of Plumas 2,744,943 2,306,322 5,051,265 2,973,571 2,538,170 5,511,741 Total City & County: Plumas 2,915,560 2,349,901 5,265,461 2,915,560 2,349,901 5,265,461

RIVERSIDE COUNTY
BANNING 848,558 667,626 1,516,183 944,859 734,740 1,679,600 BEAUMONT 1,381,645 1,091,259 2,472,904 1,539,053 1,200,960 2,740,013 BLYTHE 550,848 431,172 982,020 613,042 474,516 1,087,559 CALIMESA 272,841 212,013 484,854 303,422 233,326 536,749 CANYON LAKE 294,347 228,355 522,703 327,286 251,311 578,597 CATHEDRAL CITY 1,415,095 1,117,916 2,533,011 1,576,349 1,230,296 2,806,645 COACHELLA 1,253,804 990,575 2,244,379 1,396,690 1,090,155 2,486,844 CORONA 4,419,024 3,509,816 7,928,840 4,925,298 3,862,647 8,787,944 DESERT HOT SPRINGS 792,756 623,156 1,415,912 882,643 685,800 1,568,443 EASTVALE 1,769,946 1,400,703 3,170,649 1,971,990 1,541,512 3,513,502 HEMET 2,209,162 1,750,724 3,959,886 2,461,695 1,926,719 4,388,414 INDIAN WELLS 147,877 112,427 260,305 164,094 123,729 287,824 INDIO 2,393,592 1,897,700 4,291,292 2,667,326 2,088,470 4,755,795 JURUPA VALLEY 2,824,314 2,238,959 5,063,273 3,147,273 2,464,035 5,611,307 LAKE ELSINORE 1,695,508 1,341,383 3,036,891 1,888,996 1,476,228 3,365,224 LA QUINTA 1,082,837 854,328 1,937,166 1,206,070 940,211 2,146,281 MENIFEE 2,603,207 2,064,746 4,667,953 2,901,036 2,272,309 5,173,345 MORENO VALLEY 5,457,924 4,337,736 9,795,659 6,083,620 4,773,795 10,857,415 MURRIETA 3,008,198 2,385,500 5,393,698 3,352,295 2,625,307 5,977,601 NORCO 714,186 560,542 1,274,728 795,041 616,892 1,411,933 PALM DESERT 1,412,990 1,116,238 2,529,228 1,574,001 1,228,450 2,802,451 January 2022 CaliforniaCityFinance.com Page 12 of 21
ATTACHMENT #2
85 Maintenance of Effort - General Fund for Streets & Roads - Esti mated Unofficial Road Maintenance and Rehabilitation Account per Streets & Hwys Code Sec 2036 1 revised est: 08/07/2017 Streets and Roads Annual Report - Reported General Fund for Street Purposes FY2009-10 FY2010-11 FY2011-12 Average Adjustment RMRA M.O.E.

PLACER COUNTY
AUBURN 618,097 552,860 307,564 492,840 492,840
COLFAX 0 0 1,176 392 392
LINCOLN 0 0 0 0 0
LOOMIS 0 0 0 0 0
ROCKLIN 161,531 513,070 628,776 434,459 434,459
ROSEVILLE 4,262,137 6,038,474 6,835,903 5,712,171 5,712,171

PLUMAS COUNTY
PORTOLA 146,671 184,184 128,542 153,132 153,132

RIVERSIDE COUNTY
BANNING 316,181 38,587 133,164 162,644 162,644
BEAUMONT 0 586,825 1,552,970 713,265 713,265
BLYTHE 261,196 1,076,032 445,295 594,174 594,174
CALIMESA 77,232 64,501 0 47,244 47,244
CANYON LAKE 41,009 26,318 25,798 31,042 31,042
CATHEDRAL CITY 1,033,190 574,077 1,080,111 895,793 895,793 COACHELLA 1,802,424 2,375,264 1,929,366 2,035,685 2,035,685 CORONA 3,424,971 2,989,106 2,986,573 3,133,550 3,133,550 DESERT HOT SPRINGS 435,933 369,337 370,783 392,018 392,018 EASTVALE (inc. 1 Oct 2010)n/a see notes below see notes below 59,787 4 59,787 HEMET 18,924 0 9,462 9,462
INDIAN WELLS 1,075,582 1,115,139 3,318,722 1,836,481 1,836,481 INDIO 4,648,594 2,075,668 2,383,136 3,035,799 3,035,799 JURUPA VALLEY (inc. 1 July 2 n/a see notes below see notes below 0 4 0 LAKE ELSINORE 1,198,185 1,367,576 1,165,691 1,243,817 1,243,817 LA QUINTA 2,798,095 1,031,556 1,590,929 1,806,860 1,806,860MENIFEE00000 MORENO VALLEY 1,600,807 1,506,617 2,119,479 1,742,301 1,742,301 MURRIETA 785,317 1,510,212 1,660,517 1,318,682 1,318,682 NORCO 78,660 26,269 12,036 38,988 38,988
PALM DESERT 5,346,951 4,688,794 4,566,328 4,867,358 4,867,358 PALM SPRINGS 4,243,162 4,274,880 4,578,581 4,365,541 4,365,541 PERRIS 235,180 907,323 307,663 483,389 483,389
RANCHO MIRAGE 1,815,441 3,458,223 3,506,707 2,926,790 2,926,790 RIVERSIDE 18,039,443 17,447,014 17,333,720 17,606,726 17,606,726 SAN JACINTO 543,637 735,080 730,303 669,673 669,673
TEMECULA 3,228,915 2,875,767 2,854,016 2,986,233 2,986,233 UPDATED 7 August 2017 CaliforniaCityFinance.com Page 10 of 17 E S

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ATTACHMENT #3
86 City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:071-22 Item #:I.

February 17, 2022, City Council Meeting Minutes
RECOMMENDED ACTION:

Council APPROVES the February 17, 2022, City Council Meeting Minutes.

City of Indian Wells Printed on 5/13/2022Page 1 of 1
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City Council
Meeting Minutes
Thursday, February 17, 2022
1:30 PM
Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

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

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

City Hall Council Chamber
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February 17, 2022City Council Meeting Minutes

1.RECONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Reed reconvened the City Council of the City of Indian Wells at 1:30 p.m. on February 17, 2022 in the City Hall Council Chamber.

A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Balocco to excuse the absence of Council Member Kimberly Muzik. The motion carried by the following vote:

AYES: 4 - Balocco, Griffith, Reed, Sanders
NOES: 0 -
This was an Excuse for Cause.

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

Present: 4 -
Council Member MuzikExcused: 1 -

2. APPROVAL OF THE FINAL AGENDA
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Agenda as Submitted. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Balocco4 -
NOES: 0
EXCUSED:Muzik1 -

3. PROCLAMATIONS AND PRESENTATIONS
A.Riverside County Fire Department Update by Division Chief Mike Beverlin
Riverside County Fire Department Chief Mike Beverlin introduced Battalion Chief Matthew Kotz and provided an overview of Chief Kotz experience. Chief Kotz provided a breakdown on the response of emergency calls in the City and provided comparisons between 2021 and 2022.

B.Riverside County Sheriff Department Update by Lt. Dave Wright Indian Wells Lieutenant David Wright provided a public safety update for the year 2021 which included calls of service, self initiated, written reports, arrests, citations, and area checks conducted.

He reported speeding on Highway 111 continues to be addressed by conducting special enforcement programs to reduce speed. He further reported the department continues to educate communities in crime prevention strategies. He provided clarification on the difference between a robbery and burglary.

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4.PUBLIC COMMENTS
Mr. Ty Peabody, former Council Member, expressed concerns relating to the 2012 Election hit pieces.

Ms. Rebecca Peterson, resident, expressed concerns relating to an increase in crime in her community and requested the Council take action, she stated a signed petition of 180 residents requesting additional police services was been submitted. Ms. Jacqueline Bradley, Mr. Peter Levar, and Ms.

Kristine Smith, residents, spoke in opposition of a proposed dog park at the corner of Eldorado and Fairway Drive. Mr. Bruce Underwood, resident, spoke relating to the acquisition and process for the property purchased for a proposed dog park.

5.CITY MANAGER'S REPORTS
City Manager Christopher Freeland reported community meetings relating to the proposed park on Eldorado and Fairway Drive are going to be held on February 28, 2022 at 6:00 p.m, February 1, 2022 at 4:00 p.m. at the Indian Wells Golf Resort, and on March 2, 2022 at 4:00 p.m. via zoom/teleconference. He encouraged the community to participate as the workshop are intended for residents to provide input.

6.CITY ATTORNEY REPORTS AND COMMENTS
City Manager Todd Leishman thanked the Council for the opportunity to be able to meet in person.

7.CONSENT CALENDAR
A motion was made by Council Member Balocco, seconded by Council Member Sanders, to Approved the Consent Agenda. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Balocco4 -
NOES: 0
ABSENT:Muzik1 -
A.Ordinance Amending Chapter 8.32, Section 8.32.010 of the Indian Wells Municipal Code Regarding Mandatory Organic Waste Disposal Reduction Requirements
It was determined to ADOPT Ordinance No. 736 to read as follows:

ORDINANCE NO. 736
AMENDING CHAPTER 8.32, SECTION 8.32.010 OF THE INDIAN WELLS MUNICIPAL CODE REGARDING MANDATORY ORGANIC WASTE DISPOSAL REDUCTION REQUIREMENTS.

This Ordinance was Adopted.

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February 17, 2022City Council Meeting Minutes
B.Ordinance Amending Section 1.20.150 and Chapter 5.20 of the Indian Wells Municipal Code and Finding the Action to be Exempt from CEQA
It was determined to ADOPT Ordinance No. 732 to read as follows:

ORDINANCE NO. 732
AN ORDINANCE OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING SECTION 1.20.150 AND CHAPTER 5.20 OF THE INDIAN WELLS MUNICIPAL CODE And Finding The Action To Be Exempt From CEQA.

This Ordinance was Adopted.

C.Side Letter and Resolution extending for Three Years the Memorandum of Understanding with Indian Wells City
Employees Association and Resolution for Non-Represented City Employees
It was determined to APPROVE side letter to the Memorandum of Understanding (MOU) with the Indian Wells City Employees Association (Association) extending the existing MOU three additional years; and
ADOPT Resolution No. 2022-03 to read as follows:

RESOLUTION NO. 2022-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,

ESTABLISHING THE COMPENSATION AND BENEFIT PLAN FOR EXECUTIVE MANAGEMENT,

MANAGEMENT, PROFESSIONAL, CONFIDENTIAL AND NON-REPRESENTED POSITIONS, EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025.

D.Indian Wells COVID-19 Prevention Program
It was determined to RECEIVE and FILE the updated Indian Wells COVID-19 Prevention Program being implemented by the City to comply with the updated Emergency Temporary Standards set by the State of California Occupational Safety and Health Standards Board.

This Recommendation was Received and Filed.

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E.Resolution Opposing the Taxpayer Protection and Government Accountability Act
It was determined to ADOPT Resolution No. 2022-08 to read as follows:

RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,

OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT (INITIATIVE 21-0042A1).

This Resolution was Adopted.

F.Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361 It was determined to APPROVE remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZE City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

This Recommendation was Approved.

G.Supplemental Appropriation for Assembly Bill 939 Recycling Funding
It was determined to APPROVE Supplemental Appropriation in the Amount of $187,000 for Indian Wells Recycling Efforts.

This Recommendation was Approved.

H.Resolution Authorizing Examination of Sales and Use Tax Records
It was determined to ADOPT Resolution No. 2022-04 to read as follows:

RESOLUTION NO. 2022-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS.

This Resolution was Adopted.

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I.Supplemental Appropriation for Grant Writer Services to Engineering Solutions Services
It was determined to APPROVE supplemental appropriation for $35,000 to Engineering Solutions Services’ (“ESS”) contract to continue providing grant research and application services for various project grants; and
AUTHORIZE the City Manager, or designee, to transfer funds into the appropriate account.

This Recommendation was Approved.

J.Resolution for Proposition 68 Flood Improvement Grant Funding Application
It was determined to ADOPT Resolution No. 2022-05 to read as follows:

RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,

AUTHORIZING PROPOSALS FOR FUNDING FROM THE DEPARTMENT OF WATER RESOURCES

AND DESIGNATING A REPRESENTATIVE TO EXECUTE THE AGREEMENT AND ANY AMENDMENTS HERETO, FOR THE FOLLOWING PROJECTS: LOW FLOW CHANNEL, HIGHWAY 111 FLOODING PREVENTION, EAST DROP STRUCTURE AND WEST DROP STRUCTURE; and DESIGNATE the City Manager, or designee, as the City’s Representative with authority to Execute all related documents.

This Resolution was Adopted.

K.Resolution Authorizing Submittal of Applications for all CalRecycle Grant and Payment Programs
It was determined to ADOPT Resolution No. 2022-06 to read as follows:

RESOLUTION NO. 2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF INDIAN WELLS IS ELIGIBLE; and AUTHORIZE the City Manager, or designee, to execute any agreement applicable to CalRecycle grants, for a period not to exceed five years.

This Resolution was Adopted.

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L.Resolution Adopting Caltrans Local Assistance Procedures Manual Chapter 10: Consultant Selection
It was determined to ADOPT Resolution No. 2022-07 to read as follows:

RESOLUTION NO. 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS ADOPTING CALTRANS LOCAL ASSISTANCE PROCEDURES MANUAL CHAPTER 10: CONSULTANT SELECTION.

This Resolution was Adopted.

M.Southern California Association of Governments General Assembly (SCAG) Delegate and Alternate Appointment
It was determined to APPOINT Mayor Dana Reed as the voting delegate and Mayor Pro Tem Donna Griffith as the alternate delegate to represent the City during the Annual Southern California Association of Governments General Assembly held May 5-6, 2022.

This Recommendation was Approved.

N.Supplemental Appropriation for Plan Check and Inspection Services for Fiscal Year 2021-22
It was determined to APPROVE Supplemental appropriation of $72,000 for building department plan check and inspection services.

This Recommendation was Approved.

O.January 6, 2022, Special Council Meeting Minutes
It was determined to APPROVE the January 6, 2022 Special Council Meeting Minutes.

The Minutes were Approved.

P.January 6, 2022, City Council Meeting Minutes
It was determined to APPROVE the January 6, 2022 City Council Meeting Minutes.

The Minutes were Approved.

Q.City Treasurer’s Report for October 2021
It was determined to RECEIVE and FILE the City Treasurer’s Report for October 2021.

This Recommendation was Received and Filed.

R.City Treasurer’s Report for November 2021
It was determined to RECEIVE and FILE the City Treasurer’s Report for November 2021.

This Recommendation was Received and Filed.

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February 17, 2022City Council Meeting Minutes
S.City Treasurer’s Report for December 2021
It was determined to RECEIVE and FILE the City Treasurer’s Report for December 2021.

This Recommendation was Received and Filed.

Approval of the Consent Agenda
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approved the Consent Agenda. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Balocco4 -
NOES: 0
EXCUSED:Muzik1 -

8. PUBLIC HEARINGS
No public hearing Items.

9. GENERAL BUSINESS
No general business items.

10. COUNCIL MEMBERS' REPORTS AND COMMENTS
A.Council Member Balocco
Council Member Balocco reported Coachella Valley Energy Commission was established to provide representation to the eatern part of the Coachella Valley to provide input to the Imperial Irrigation District. He reported he was elected as Chair for Cove Communities Commission. He reported Golf Resort Advisory Committee had an update on landscape improvements. He further reported Finance Committee Investment Policy has been updated and the Committee is in the process of selecting a new auditor.

B.Council Member Muzik
Ms. Muzik was excused from the meeting, no report.

C.Council Member Sanders
Council Member Sanders reported Visit Greater Palm Springs continues to show an increase in tourism. He reported Public Safety Committee is going to be addressing some concerns relating public safety.

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D.Mayor Pro Tem Griffith
Mayor Pro Tem Griffith reported CVAG Coachella Valley Conservation Commission acquired 160 acres of land from the Desert Tortoise area. She reported a land management program has been launched to regulate illegal dumping and a cooperative effort was carried out in Morongo to address illegal dumping. She reported CVAG Energy & Environmental Resources Committee provided a presentation from Southcoast Air Quality Management District. She stated there is funding available for water heaters and air conditioning and encouraged the community to look for incentives. She further reported CVAG Energy & Environmental Committee is going to be the oversight committee for Inland Regional Energy Network. She suggested a public safety discussion be added on the next Council meeting agenda.

She thanked the veterans for their service. She requested consideration to reduce the Walk of Honor recognition requirement to one year minimum. It was the CONSENSUS of the City Council to add this matter to a forthcoming agenda.

E. Mayor Reed
Mayor Reed reported Riverside County Transportation Commission (RCTC) Measure A transportation sales tax reporting was low due to COVID-19 pandemic and funding projections for the fiscal year are conservative. He reported RCTC Highway 60 route project continues to forward.

11. ADJOURNMENT
At 2:24 p.m., Mayor Reed ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on March 17, 2022 in the City Hall Council Chamber.

Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk
This council meeting may be viewed on the City's website at http://www.cityofindianwells.org/cityhall/citycouncil/viewmeetings.asp and the complete agenda packets are available on the City's website at http://www.cityofindianwells.org/cityhall/cagaends.asp

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:072-22 Item #:J.

March 17, 2022, Special Closed Session Minutes
RECOMMENDED ACTION:

Council APPROVES the March 17, 2022, Special Closed Session Minutes.

City of Indian Wells Printed on 5/13/2022Page 1 of 1
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Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

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

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

Special Council
Meeting Minutes
Thursday, March 17, 2022
12:30 PM
City Hall Executive Conference Room
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March 17, 2022Special Council Meeting Minutes

1.CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Reed convened the Closed Session of the City Council of the City of Indian Wells at 12:31 p.m. on March 17, 2022 in the City Hall Executive Conference Room.

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

Present: 5 -

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

3. PUBLIC COMMENTS
No public comments.

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

A.Conference with Legal Counsel Regarding
Anticipated-Litigation-Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). One (1) or More
Cases. Potential Case.

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

B.Conference with City’s Real Property Negotiator Pursuant to Government Code 54956.8. Real Property: APN 633-240-042.

Negotiating Parties: On Behalf of the City of Indian Wells:

Christopher Freeland, City Manager. Other Negotiating Parties:

Indian Wells Resort Hotel: Price and Terms of Payment.

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

5. ADJOURNMENT
At 1:27 p.m., Mayor Reed ADJOURNED the Closed Session to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on March 17, 2022 in the City Hall Council Chamber.

Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:073-22 Item #:K.

March 17, 2022, City Council Meeting Minutes
RECOMMENDED ACTION:

Council APPROVES the March 17, 2022, City Council Meeting Minutes.

City of Indian Wells Printed on 5/13/2022Page 1 of 1
powered by Legistar™100

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

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

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

City Hall Council Chamber
101

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March 17, 2022City Council Meeting Minutes

1.RECONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Reed reconvened the City Council of the City of Indian Wells at 1:30 p.m. on March 17, 2022 in the City Hall Council Chamber.

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

Present: 5 -

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

3. PROCLAMATIONS AND PRESENTATIONS
A.Presentation of the 2022 Commemorative Poster for the Annual Indian Wells Arts Festival by Dianne Funk
Ms. Diane Funk owner and producer of Indian Wells Arts Festival updated the Council on the Indian Wells Arts Festival taking place from April 1-3, 2022, and unveiled the 2022 festival poster "Superbloom Sunset" by artist Jan Bushart from the state of Hawaii. Ms. Funk thanked the Council for being a presenting sponsor.

B.Indian Wells Marketing Update Presentation by
Chief/Marketing Officer Colleen Pace with Visit Greater Palm Springs and Director of Indian Wells Sales/Marketing Sean Smith
Visit Greater Palm Springs Chief/Marketing Officer Colleen Pace provided an overview of their mission and campaigns efforts for Indian Wells and surrounding resorts. Director of Indian Wells Sales/Marketing Sean Smith gave an overview on tourism efforts and social media pages. Mr. Smith outlined the upcoming initiatives, newsletters that are being developed, and holiday experience that is to be presented to the Council at a future meeting.

4. PUBLIC COMMENTS
Mr. Ty Peabody, former Council Member, expressed concerns relating to violations of the Council Policy Manual. Mr. Philip Beckenkourt, La Quinta resident and Coachella Valley Energy Commission representative, spoke in support to find a solution for electrical service and encouraged the City to support those efforts. Mr. Doug Hanson, former Council Member, expressed concerns relating to community emails being sent on behalf of the Mayor and spoke in opposition of the proposed property home check policy. Ms. Judy Nadel, Ms. Jacqueline Bradley, and Mr. Tom Flanaghan, residents, spoke in support to increase public safety services.

5. CITY MANAGER'S REPORTS
City Manager Christopher Freeland provided an update on the landscape improvements on Miles Ave and Highway 111.

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6. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported the Council met in Closed Session and no reportable action was take which, under the Brown Act would be required to be publicly noticed. He provided an overview of certain exceptions that are made when the City receives requests for accommodations.

7. CONSENT CALENDAR
A.Adoption of City’s Investment Policy
It was determined to ADOPT the City’s Investment Policy as amended.

This Recommendation was Adopted.

B.Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361 It was determined APPROVE remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZE City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

This Recommendation was Approved.

C.Council Members Attendance at 2022 Events
It was determined APPROVE the attendance of Council Member/s to events held in 2022 as identified in the staff report.

This Recommendation was Approved.

D.2022 City Council Strategic Planning Session
It was determined to APPROVE the 2022 City Council City Goals.

This Recommendation was Approved.

E.Sponsorship Request for the California Contract Cities Association Golf Tournament Luncheon and League of California Cities Riverside County Division Reception
It was determined to APPROVE the sponsorship of the California Contract Cities Golf Tournament Lunch on May 12, 2022; and
APPROVE the sponsorship of the League of California Cities May meeting reception on May 9th, 2022.

This Recommendation was Approved.

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March 17, 2022City Council Meeting Minutes
F.General Plan Housing Element Annual Progress Report for 2021 It was determined to RECEIVE and FILE the General Plan Housing Element Annual Progress Report and Low Moderate Income Housing Asset Fund Addendum for 2021; and DIRECT Staff to submit the Annual Progress Report and Low Moderate Income Housing Asset Fund Addendum to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

This Recommendation was Approved.

G.February 15, 2022, Special Council Closed-Session Minutes It was determined to APPROVE the February 15, 2022, Special Council Closed-Session Minutes.

The Minutes were Approved.

H.City Treasurer’s Report for January 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for January 2022.

This Recommendation was Approved.

Approval of the Consent Agenda
A motion was made by Council Member Sanders, seconded by Council Member Balocco to Approve the Consent Agenda. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0

8. PUBLIC HEARINGS

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A.Fire Access Maintenance District No. 1 Annual Levy and Collection of Assessments
Mayor Reed opened the public hearing at 2:28 p.m. to hear testimony in favor or against Resolution No. 2022-09.

Mr. Larry Bonafide, resident, reported the Fire Access Maintenance District is financially strong and thanked City staff for their assistance.

Mayor Reed closed the public hearing at 2:30 p.m.

It was determined to ADOPT Resolution No. 2022-09 to read as follows:

RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ORDERING

THE LEVY AND COLLECTION OF A SPECIAL TAX FOR THE CITY OF INDIAN WELLS FIRE ACCESS MAINTENANCE DISTRICT NO. 1.

A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith, that this Resolution be Adopted. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0
B.Special Fire Tax Standby and Availability Charges Annual Levy Mayor Reed opened the public hearing at 2:30 p.m. to hear testimony in favor of or against Resolution No. 2022-10; hearing none, Mayor Reed closed the public hearing.

It was determined to ADOPT Resolution No. 2022-10 to read as follows:

RESOLUTION NO. 2022-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ORDERING

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF INDIAN WELLS FIRE TAX STANDBY AND AVAILABILITY CHARGES PURSUANT TO CITY ORDINANCE NO. 170.

A motion was made by Council Member Sanders, seconded by Council Member Balocco, that this Resolution be Adopted. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0

9. GENERAL BUSINESS

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A.Eisenhower Walk of Honor Residency Recognition
Requirements
It was determined to DIRECT staff to modify the three (3) year minimum residency requirement to a one year minimum of residency to be recognized on the Eisenhower Walk of Honor and Veterans’ Memorial.

A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Balocco, that this Recommendation be Approved. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0
B.Public Safety Crime Prevention Initiatives
Mr. Ted Mertens, former Council Member, expressed concerns relating to the vacant home check proposed policy. There was discussions in support of increasing police services and to re-evaluate the home check policy.

A motion was made by Council Member Balocco, seconded by Council Member Sanders to APPROVE one additional patrol service officer. The motion carried by the following vote:

AYES: 5 - Balocco, Griffith, Muzik, Reed, Sanders NOES: 0 -
A motion was made by Council Member Balocco, seconded by Council Member Sanders to defer discussions and review of police services and home checks to the Public Safety Committee and report findings at a future Council Meeting. The motion carried by the following vote:

AYES: 5 - Balocco, Griffith, Muzik, Reed, Sanders NOES: 0 -
This Recommendation was Approved.

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March 17, 2022City Council Meeting Minutes
C.Update on Proposed Park at Eldorado and Fairway
Mr. Marty Lax, resident, expressed concerns relating to the process for acquiring the vacant lots for the proposed dog park on Fairway and Eldorado Drive. Mr. Ty Peabody, former Council Member, spoke in opposition of a dog park and suggested to continue to be financially conservative.

Council Member Balocco suggested vacate the acquired property on Fairway and Eldorado Drive.

Mayor Pro Tem Griffith clarified based on the general plan community meetings staff was directed to seek properties for opportunities of potential parks and spoke in support of the project. Desert Recreation General Manager Kevin Kalman spoke in support of moving forward with a proposed park.

Council Member Muzik and Council Member Sanders clarified in part the Council agreed to acquire the land due to concerns relating to SB9 legislation. Council Member Sanders stated he attended the community meetings and there was opposition of a dog park but there was support for a passive park. Mayor Reed suggested to wait another year before moving forward with the park.

It was determined to AUTHORIZE staff to work with Desert Recreation District (DRD) in designing a passive park at the corner of Fairway and Eldorado based upon community member feedback at the recent community meetings; and
REQUEST DRD to conduct a park design charette in April 2022, at the Indian Wells Golf Resort, and INSTRUCT staff to bring back designs for a passive park at a future City Council meeting for public discussion and deliberations.

A motion was made by Council Member Muzik, seconded by Mayor Pro Tem Griffith, that this Recommendation be Approved. The motion carried by the following vote:

AYES:Griffith, Sanders, Muzik3 -
NOES:Reed, Balocco2 -

10. COUNCIL MEMBERS' REPORTS AND COMMENTS
A. Council Member Balocco
Council Member Balocco reported Coachella Valley Energy Commission utility is at 100 percent capacity and are working towards a funding solution. He reported Finance Committee recommended the approval of the investment policy which was on today's agenda.

B. Council Member Muzik
Council Member Muzik reported the following events for Community Activities Committee: Animal Shot Clinic on April 9, 2022 from 8:30a-12:00p, Back 9 Walk on April 10, 2022 at 6:45 a.m., resident end of year celebration on April 13, 2022 from 6:00p-9:00p, and the Memorial Day event being held in May.

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March 17, 2022City Council Meeting Minutes
C. Council Member Sanders
Council Member Sanders reported Coachella Valley Economic Partnership business conference and economic forecast is scheduled on April 21, 2022 7:30 a.m. at Fantasy Springs Resort Casino. He reported the hospitality industry is struggling in attracting capital from traditional sources. He reported Coachella Valley Mountain Conservancy awarded $2.5 million in climate resilience grants.

D. Mayor Pro Tem Griffith
Mayor Pro Tem Griffith reported attending a guardian breakfast at FIND Food Bank and stated the national guard has been assisting the food bank since the start of the pandemic. She reported attending Taste of Tennis and Animal Samaritans events held in Indian Wells and Desert Arc award luncheon.

E. Mayor Reed
No report.

11. ADJOURNMENT
At 3:50 p.m., Mayor Reed ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on April 21, 2022 in the City Hall Council Chamber.

Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk
This council meeting may be viewed on the City's website at http://www.cityofindianwells.org/cityhall/citycouncil/viewmeetings.asp and the complete agenda packets are available on the City's website at http://www.cityofindianwells.org/cityhall/cagaends.asp

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:074-22 Item #:L.

April 21, 2022, Special Closed Session Minutes
RECOMMENDED ACTION:

Council APPROVES the April 21, 2022, Special Closed Session Minutes.

City of Indian Wells Printed on 5/13/2022Page 1 of 1
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Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

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

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

Special Council
Meeting Minutes
Thursday, April 21, 2022
12:30 PM
City Hall Executive Conference Room
110

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April 21, 2022Special Council Meeting Minutes

1.CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Reed convened the Closed Session of the City Council of the City of Indian Wells at 12:32 p.m. on April 22, 2022 in the City Hall Executive Conference Room.

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

Present: 5 -

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

3. PUBLIC COMMENTS
No public comments.

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

A.Conference with City’s Real Property Negotiator Pursuant to Government Code 54956.8. Real Property: APN 633-150-077 and APN 633-150-071. Negotiating Parties: On Behalf of the City of Indian Wells: Christopher Freeland, City Manager. Other Negotiating Parties: Bixby Bridge Capital, LLC. Under
Negotiation: Price and Terms of Payment.

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

B.Conference with City’s Real Property Negotiator Pursuant to Government Code 54956.8. Real Property: APN 633-240-042.

Negotiating Parties: On Behalf of the City of Indian Wells:

Christopher Freeland, City Manager. Other Negotiating Parties:

Indian Wells Resort Hotel: Price and Terms of Payment.

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

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April 21, 2022Special Council Meeting Minutes

5.ADJOURNMENT
At 12:56 p.m. Mayor Reed ADJOURNED the Special Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on April 21, 2022 in the City Hall Council Chamber.

Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:075-22 Item #:M.

April 21, 2022, City Council Meeting Minutes
RECOMMENDED ACTION:

Council APPROVES the April 21, 2022, City Council Meeting Minutes.

City of Indian Wells Printed on 5/13/2022Page 1 of 1
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City Council
Meeting Minutes
Thursday, April 21, 2022
1:30 PM
Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

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

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

City Hall Council Chamber
114

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April 21, 2022City Council Meeting Minutes

1. RECONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Reed reconvened the City Council of the City of Indian Wells at 1:30 p.m. on April 21, 2022 in the City Hall Council Chamber.

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

Present: 5 -

2. APPROVAL OF THE FINAL AGENDA
City Clerk Angelica Avila requested Consent Item #7E Resolution Authorizing Application to the California Energy Commission for an Energy Conservation Act be pulled for staff presentation and Council discussion.

A motion was made by Council Member Muzik, seconded by Council Member Sanders that the be Approve the Agenda as Amended. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0

3. PROCLAMATIONS AND PRESENTATIONS
A.Introduction of Indian Wells City Staff Joanna Rojas and Christian Lopez
City Manager Christopher Freeland introduced new City staff Joanna Rojas and Christian Lopez.

4.PUBLIC COMMENTS
Mr. Martin Lax, resident, spoke in opposition of the proposed park project and expressed concerns in the process of acquiring the properties. Mr. John Schwarzlose, resident, expressed concerns on residents in non-gated communities not being properly represented by Council and expressed concerns on fractional ownership. Mr. Ty Peabody, resident, expressed concerns relating to violations of the Council Policy Manual of current Council Member.

Ms. Feliz Unez, Bermuda Dunes resident, expressed concerns relating to the air quality and running water on the east side of the Valley due to the Salton Sea. Mr. Chuck Park, Bermuda Dunes resident, expressed concerns relating to Salton Sea and requested the Council support resolution for water importation. Ms. Linda Blank, resident, spoke in support of Consent Item #7B Comprehensive Historic Properties Survey for General Plan Update.

5.CITY MANAGER'S REPORTS
City Manager Christopher Freeland reported a Sheriff Deputy position has been implemented as of March 31, 2022. He introduced Public Works Director Ken Seumalo who is the main contact for questions relating to street related projects. He reported the following upcoming community workshops: Desert Recreation District Passive Park Design Workshop on May 3, 2022 at 4:00 p.m., at the Indian Wells Golf Resort, General Plan Consultant Circulating Street Workshop to be held on May 11, 2022, and Golf Master Plan Workshop on May 24, 2022 at 4:00 p.m.

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April 21, 2022City Council Meeting Minutes

6. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman in response to a public comment, reported Pacaso is a shared ownership of residential homes that the attorneys office is tracking and any new developments will be brought before the Council. He reported two ordinance relating to Accessory Dwelling Units and SB 9 will be brought before the Council for consideration at the May 19 meeting. He further reported the Council met in Closed Session and no reportable action was take which, under the Brown Act would be required to be publicly noticed.

7. CONSENT CALENDAR
A.Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361 It was determined to APPROVE remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZE City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

This Recommendation was Approved.

B.Supplemental Appropriation for Completion of Comprehensive Historic Properties Survey for General Plan Update
It was determined to APPROVE supplemental appropriation of $25,000 for completion of a Comprehensive Historic Properties Survey by Cogstone Resource Management Inc.; and AUTHORIZE City Manager to execute a contract for the completion of a Comprehensive Historic Properties Survey.

This Recommendation was Approved.

C.Annual Committee Appointment Process and Schedule
It was determined to APPROVE the recruitment schedule; and DESIGNATE Mayor Pro Tem Griffith and Council Member Sanders to serve as the Ad-Hoc Interview Committee for the Planning Commission.

This Recommendation was Approved.

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April 21, 2022City Council Meeting Minutes
D.Resolution Revising the Citywide Records Retention and Destruction Schedule
It was determined to ADOPT Resolution No. 2022-11 to read as follows:

RESOLUTION NO. 2022-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADOPTING A

REVISED RECORDS RETENTION AND DESTRUCTION SCHEDULE AND AUTHORIZING THE DESTRUCTION OF OBSOLETE CITY RECORDS IN ACCORDANCE WITH STATE LAW.

This Resolution was Adopted.

F.Resolution Initiating Proceedings and Preliminarily Approving the Annual Levy Report for Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2022-23
It was determined to ADOPT Resolution No. 2022-13 to read as follows:

RESOLUTION NO. 2022-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, INITIATING

PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE INDIAN WELLS STREET LIGHTING DISTRICT NO. 2000-1 FOR FISCAL YEAR 2022-23 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; and
SCHEDULE a noticed Public Hearing on May 19, 2022 at 1:30 p.m. to hear public testimony on the proposed levy; and
ADOPT Resolution No. 2022-14 to read as follows:

RESOLUTION NO. 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,

PRELIMINARILY APPROVING THE ANNUAL LEVY REPORT FOR THE INDIAN WELLS STREET LIGHTING DISTRICT NO. 2000-1 FOR FISCAL YEAR 2022-23.

This Resolution was Adopted.

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April 21, 2022City Council Meeting Minutes
G.Resolution Initiating Proceedings for the Annual Levy of Landscape and Lighting District No. 91-1 and Declare Intention to Order the Levy and Collection of Assessments for Fiscal Year 2022-23
It was determined to ADOPT Resolution No. 2022-15 to read as follows:

RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, INITIATING

PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENTS AND DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR THE INDIAN WELLS LANDSCAPE AND LIGHTING DISTRICT NO. 91-1 FOR FISCAL YEAR 2022-23 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; and
SCHEDULE a noticed Public Hearing on May 19, 2022 to hear public testimony on the proposed levy; and
ADOPT Resolution No. 2022-16 to read as follows:

RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,

PRELIMINARILY APPROVING THE ANNUAL LEVY REPORT FOR THE INDIAN WELLS LANDSCAPE AND LIGHTING DISTRICT NO. 91-1 FOR FISCAL YEAR 2022-23.

This Resolution was Adopted.

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April 21, 2022City Council Meeting Minutes
H.Initiating Proceedings, Preliminarily Approving the Annual Levy Report, and Declaring Intention to Order the Levy and
Collection of Assessments for Annual Levy for City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 for Fiscal Year 2022-23
It was determined to ADOPT Resolution No. 2022-17 to read as follows:

RESOLUTION NO. 2022-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 FOR THE CITY OF INDIAN WELLS DRAINAGE MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982; and
schedule a noticed Public Hearing on May 19, 2022 at 1:30 p.m. to hear public testimony on the proposed levy; and
ADOPT Resolution No. 2022-18 to read as follows:

RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, PRELIMINARILY APPROVING OF THE ENGINEER’S REPORT REGARDING THE CITY OF INDIAN WELLS DRAINAGE MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1, AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982; and
ADOPT Resolution No. 2022-19 to read as follows:

RESOLUTION NO. 2022-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DECLARING

ITS INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF INDIAN WELLS DRAINAGE MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2022-23 PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982.

This Resolution was Adopted.

I.Supplemental Appropriation for Food Truck Credenza
Replacement at the Indian Wells Golf Resort
It was determined to APPROVE Supplemental appropriation of $12,000 for Food Truck Credenza Replacement at the Indian Wells Golf Resort.

This Recommendation was Approved.

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April 21, 2022City Council Meeting Minutes
J.Authorization to Advance Capital Improvement Funds for the Purchase of a Fleet Truck
It was determined to APPROVE the advancement of budgeted Capital Improvement funds for the purchase of a fleet truck; and
AUTHORIZE and DIRECT the City Manager or his designee to execute the purchase of the vehicle per the City’s purchase policy.

This Recommendation was Approved.

K.Approval of Citywide Speed Limit Survey
It was determined to APPROVE the 2022 Engineering & Traffic Survey for Speed Limits in Indian Wells; and
ADOPTS Resolution No. 2022-20 to read as follows:

RESOLUTION NO. 2022-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, RESCINDING RESOLUTION NO. 2011-39 AND DESIGNATING SPEED LIMITS FOR CERTAIN SPECIFIED LOCAL STREETS.

This Resolution was Adopted.

L.City Treasurer’s Report for February 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for February 2022.

This Recommendation was Approved.

Approval of the Consent Agenda
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Approve the Consent Agenda. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0

8. PUBLIC HEARINGS
No public hearings.

9. GENERAL BUSINESS

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April 21, 2022City Council Meeting Minutes
A.Public Safety Crime Prevention Updates and Initiatives Mr. Doug Hanson, former Council Member, thanked the Sheriff Department for an incident that occurred at his residence. There was discussion and clarification relating to the Miramonte access gate.

It was determined to APPROVE the implementation of a Home Security Rebate Program, including the ALLOCATION of $20,000 to the Police Budget, and AUTHORIZING the City Manager to execute any documentation for same; and
APPROVE the Home Security Rebate Program and other measures outlined in this report to replace the Vacant Home Check Program; and
RECEIVE and FILE updates regarding Public Safety Initiatives.

A motion was made by Council Member Sanders, seconded by Council Member Muzik, that this Recommendation be Approved. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0
B.Resolution Amending the City Council Policy Manual
It was determined to ADOPT Resolution No. 2022-21 to read as follows:

RESOLUTION NO. 2022-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING THE CITY COUNCIL POLICY MANUAL.

A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith, that this Resolution be Adopted. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0

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April 21, 2022City Council Meeting Minutes
C.Proposed Ordinance Adding Section 11.36.125 and Amending Various Sections of the Municipal Code for Purposes of
Clarifying Restrictions on the Parking and Storage of
Recreational Vehicles Within the City
Ms. Rocky Randall, resident, spoke in support to increase the Recreational Vehicle Parking to 48 to 72 hours.

It was determined to INTRODUCE AS AMENDED Ordinance No. 737 with a modification to increase recreation vehicle driveway parking to 48 hours to read as follows:

ORDINANCE NO.737
ADDING SECTION 11.36.125 AND AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE REGULATING PARKING AND STORAGE OF RECREATIONAL VEHICLES WITHIN THE CITY; and finding the ACTION to be exempt from CEQA; and
FIND the action Exempt from CEQA.

A motion was made by Council Member Sanders, seconded by Council Member Muzik, that this Ordinance be Introduced For First Reading. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0
E.Resolution Authorizing Application to the California Energy Commission for an Energy Conservation Assistance Act
It was determined to ADOPT Resolution No. 2022-12 to read as follows:

RESOLUTION NO. 2022-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AUTHORIZING

APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR AN ENERGY CONSERVATION

ASSISTANCE ACT LOAN AND UPON APPROVAL THEREOF DELIVERY BY THE CITY OF A LOAN AGREEMENT AND PROMISSORY NOTE IN A PRINCIPAL AMOUNT OF NOT TO EXCEED $3,000,000

AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS; and
APPROVE loan agreement and promissory note in a not to exceed amount of $3,000,000 and the execution of necessary documents and certificates and related actions.

A motion was made by Council Member Sanders, seconded by Council Member Muzik, that this Resolution be Adopted. The motion carried by the following vote:

AYES:Reed, Griffith, Sanders, Muzik, Balocco5 -
NOES: 0

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April 21, 2022City Council Meeting Minutes

10. COUNCIL MEMBERS' REPORTS AND COMMENTS
A. Council Member Balocco
Council Member Balocco reported Coachella Valley Energy Commission is an advisory commission for Imperial Irrigation District and there has not been a rate increase in 12 years. He reported the Children's Museum is reopening new exhibits in Rancho Mirage. He reported there is a shortage of paramedics due to COVID-19. He reported Golf Resort Advisory Committee were provided with Golf Resort staff introductions. He reported the Finance Committee conducted interviews for a new auditor and a selection was made. He further reported Public Safety Committee continues to move forward with new programs and services.

B. Council Member Muzik
Council Member Muzik reported attending the Joslyn Senior Center Fashion Show luncheon. She reported Cove Commission was given an update by the Riverside County Fire Department relating to paramedics. She reported license plate readers are being installed and implemented in the City. She reported CVAG homelessness Committee continues to conduct studies and gave an overview of the current programs. She reported Community Activities end of year celebration was well attended and thanked City staff, Committee members, and Golf Resort staff. Ms. Muzik read a statement announcing her resignation from the City Council as her primary residence will no longer be in Indian Wells, effective May 31, 2022.

C. Council Member Sanders
Council Member Sanders reported Public Safety needs to have further discussion on budget relating to long term revenue solution. He reported Visit Greater Palm Springs tourism statistics indicate the Valley has an increase trend and reported the daily night rate in the Coachella Valley is $209. He reported Coachella Valley Economic Partnership manages an innovation Hub which is a designated business incubator that focuses on early stage business fields of renewable energy, health, and medicine.

D. Mayor Pro Tem Griffith
Mayor Pro Tem Griffith thanked Ms. Muzik for her years of service and recognizes all her accomplishments while on Council. She reported CVAG Conservation Commission main goal is to procure the land, manage, and maintain. She reported the Commission brings in large groups of volunteers to help clear row grasses. She reported hiking trails are opened from Desert Hot Springs to Yucca Valley and are in the process to opening a hiking trail in Palm Springs. She reported a fence for the big horn sheep is being built in La Quinta. She further reported CVAG Energy & Environmental Committee is working on providing documents for the Inland Regional Energy Network. She reported Finance Committee conducted interviews for a new auditor.

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April 21, 2022City Council Meeting Minutes
E. Mayor Reed
Mayor Reed reported Riverside County Transportation Commission continues to move Route 60 project forward and the estimated completion is in May 2022. He reported Sunline Transit Agency is working on a contract for bus drivers. He requested staff prepare a resolution for the May Council meeting calling for a special and general municipal election in November. He further requested consideration to appoint to fill the Council vacant seat temporarily and requests consideration of a former Council Member that is not looking to run in the 2022 Election.

11. ADJOURNMENT
At 3:00 p.m. Mayor Reed ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on May 19, 2022 in the City Hall Council Chamber.

Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk
This council meeting may be viewed on the City's website at http://www.cityofindianwells.org/cityhall/citycouncil/viewmeetings.asp and the complete agenda packets are available on the City's website at http://www.cityofindianwells.org/cityhall/cagaends.asp

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:076-22 Item #:N.

Indian Wells City Council
Staff Report - Finance May 19, 2022 City Treasurer’s Report for March 2022
RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for March 2022.

DISCUSSION:

Attached are the monthly cash balance and investment reports for the month of March 2022.

Investments reflected in this report are “Marked-to-Market”, meaning the market value of City’s investments is updated monthly. This method provides a clear depiction of the value of the City’s portfolio subject to the performance of the investment market. The City of Indian Wells continues to maintain prudent fiscal reserves and minimize un-invested cash.

Cash and Investments
As of March 31, 2022:
·The City’s cash and investments totaled $80,323,677.33 ·The City’s portfolio earned a 0.994% rate of return.

Treasurer’s Certification
Compliance - The City Treasurer certifies the City’s cash and investments presented in this Report are in compliance with the City’s investment policy and with legal requirements of State of California Government Code section 53600.

Liquidity - The City Treasurer certifies the City’s portfolio is sufficient to meet its financial obligations for the next six months. The investment portfolio will remain sufficiently liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature at the same time cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio consists largely of securities with active secondary or resale markets (dynamic liquidity).

Fiscal Prudence
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity City of Indian Wells Printed on 5/13/2022Page 1 of 2
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File #:076-22 Item #:N.
economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

Background
Staff provides Council with a monthly update to the Treasurer’s Report. The Report presents the City’s cash activity and investment portfolio and provides reconciliation between investment balances and the General Ledger. Specifically, the report provides information on the types of investments, dates of maturities, costs, updated market value of securities, and rates of interest earned in the portfolio.

The City maintains a written investment policy in compliance with legal requirements of Government Code section 53600 and governs the investments made by the City. It is the policy of the City of Indian Wells to invest public funds in a manner that will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the City. The investments purchased by the City are consistent with the City’s investment policy and are allowable under current legislation of the State of California.

The City invests in U.S. treasuries, federal agency securities, medium term corporate notes, municipal bonds, federally insured certificates of deposit, and overnight cash investments. Criteria for selecting investments in order of priority are:
(1) safety, (2) liquidity and (3) yield.

ATTACHMENT:

1. City Treasurer’s Report
City of Indian Wells Printed on 5/13/2022Page 2 of 2
powered by Legistar™126

Bank Reconciliation Report - City Held Cash
Finance Department
1 2
3 6
7 4
8 19
2t
44t
442
'14345
457
460
4634g
465
47t
480
/r82
84 483
/$5
{86
498
499
501
507
512
513
514
515
5155!'
518
519
520
521
522
525
5'la
550
557
558
561
s62
'$a449
s23
524
526
533$a
549
555
Bank Che€king & Swep
Paciflc Wstern Bank - Swtrp **-**1117
Paciflc W6tern Bank - Accb. Payable **-**3411
Pacillc W6tern Bank - Payroll xr-*x1752
Pacific wstern Bank - Ambutance **-****7937
Pacific Wstern Bank - Public Funds MMA x*-r***5064
Union Bank of CA - Swep Invstment x**-***0121
US Bank Money Market - Invstment
Petty Cash 2,000.00
City
Certltlet6 of lrepcit
Certifi€te of Deposit-Ameri6n Exp6 Centurion 025870566 250,000.00 CertifiateofDeposit-SynchronyBank87164WRD2 250,000.00
CertifiGte of Deposit{ity National Bank 17801G8R9 250,000.00 Certificte of Deposit-Morgan Stanley Bank 51747F'1F53 250,000.00 Ce.tificte of Deposit-Allegiance Bank Tsas 01748D8A3 245,000.00 Certifiate of Deposit{itiBank NA 17312QH69 250,000.00
CertifiGte of Deposit{oldman Sachs Bank 38148PG43 250,000.00 Certificate of oeposit-Sallie l'lae 795450N84 250,000.00 Certificate of Deposit-First National Bank of America 32110Y1K 248,000.00 Certiflcate of Deposit-Disover Bank 254573uL8 250,000.00 certifiete of Deposit-Barclays Bank Delaware 06740K1.4N4 250,000.00 Certificate of Deposit{omenity capital Bank 20033Ap186 250,000.00 Certificate of Deposit-UsB Bank USA 90348JFF2 250,000.00 Ce*ificate of Deposit-Morgan Stanley Bank 61750AR143 250,000.00 Certificate of Deposit-Merrick Bank 59013J4x4 250,000.00 Certifi@te of Deposit-RlA Federal Credit union 749622AL0 Certificate of Deposittapital One Bank 14042TAY3
Grtificate of Dep6it-Bankw6l 05552CHA2
Certificate of Deposit-Wells Fargo Natl Bank WEt 949495AQ8 Certificate of Deposit-BMw Bank North Ameri€ 05580A\r(9 Certificate of Deposit-Nicolet Nation Bank 554052J22
Certificate of Deposit-Live Oak Banking Company 538036111 Certifi@te of Deposit-Alma Bank 0200808X4
CertifiGte of Deposit-State Bank of India 856285TP8
Certifi@te of Deposit-First Natl Bank of Mccregor TX 321 12UDl Certificte of Deposit{enteFtate Bank 1 5201QDE4
Certifi@te of Deposit-Northw6t Bank 55736A8V0
Certifi6te of Deposit-Encorc Bank 29260M8E4
certifiate of Deposit-First Freedom Bank 320278AM9
C€fifiete of Deposit-Pacific Wstern Bank 69505YR15
Certifiote of Deposit-Bank of Baroda 06053HMS9
Certifi@te of Deposit-Toyota Financial Sgs Bank 892351YKY6 Certificate of Deposit€renstate Crcdit Union 39573L8L1
C€tifiate of Deposit-Pentagon Federal Credit Union 709521A5 Ceftifiete of Deposit-Nelnet Bank, Inc 64034KAG6
Certificate of DepGit-Beal Bank 07371AYE7
Certificate of Deposit-Beal Bank USA 07371CE88
249,000.00
247,000.00
249,000.00
249,000.00
2s0,000.00
250,000.00
2s0,000.00
250,000.00
248,000.00
249,000.00
248,000.00
249,000.00
249,000.00
249,000.00
248,000.00
249,000.00
250,000.00
2s0,000.00
249,000.00
250,000.00
250,000.00
250,000.00
992,163.20
1,000,000.00
1,011,568.2s
1,051,813.45
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
Federal Agenw I$u6
Fed. Farm Credit Bank 3133E1280
Fed, Home Lcn lvtg Corp 3134GWCG9
Fed. NafMortgage Asa 3135GA223
Fed. Farm Credit Bank 3130AL3S1
Fed. Farm Credit Bank 3130A16G4
Fed. Farm Ccdit Bank 3130A16J8
Fed. Farm Credit Bank 3130ALDN1
Fed. Farm Credit Eank 3130ALHZ0
F€d. Farm Credit Bank 3130AU62
Fed. Farm Credit Bank 313oAL|VF13
Fed. Farm Credit Bank 3130A1W67
Fed. Farm Credit Bank 3130AMW57
Fed. Farm Credit Bank 3133E!1H21
Fed. Farm Credit Bank 3133EM167
Fed. Farm Credit Bank 3133EMN99
Fed. Fam Credit Bank 3133EMW73
Fed. Home LGn Bank 3130AQWF5
Fed. Home Lan Bank 3130AQWJ8
Fed. Home tsn Bank 3130AQ255
Fed. Home L€n Bank 3130ARC4r'1
Fed- Home Lsn Mtg Corp 3134GXMX9
Municipal Bonds
785,369.59

0.00 0.00

0.00 1,301,346.71
Medlum Tem CIrOorate Not6
19,428.30
524,882.07
2,000,000.00
1,000,648.s4
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00

1.000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
Amazon,@m Inc. 023135AW6
Wells Fargo 95001D51,J9
Bank of New York llellon Corp 05405RAN7
Montebello CA Pens Oblig AA 612285AE6
JP lYorgan Cha* Bank NA 45532FRU1
JP Morgan Chas 48128G2Q2
Bank of America MTN 05048W!131
Bank ofAmeric MTN 06048WM72
52'
529
530
532
534
535
536
539
541
542
5il4
545
551
552
553
554
555
559
560
553
555
564
537
531
Dixon CA tJnitied Schml District 255651KY6
Natomas C,A Schml Dislrict 63977NM146
Items
Total Psled Cash and Invgtments
Fair Value Increa* (over c6t)
Oubtandins Warranb/Wire TransfeE
Oubtanding Payrcll Warranb/Wire Transfe6
Deposib in Transit
Deposit in Transit
Deposit in Transit
Deposit in Transit
Credit Card in Transit
503,145.78
300,000.00
(328,462.28t
92,091.15
392,538.78
N ao,471,7r9.2o
(15,950.33)
(1,453.25)
(1s8.19)

0.00 10.506.00
Outstanding ltems
Rftonciled Bank Balance
Bank R€cMil 22 pooled 3:07 PM 511112022
ATTACHMENT #1
127

NET CASH & INVESTMENT SUMMARY MARCH 2022
March
2022
March
2021UNRESTRICTED FUNDS

GENERAL FUND
101- GENERAL

TOTAL GENERAL FUND

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TRAFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE ''A''
209 - F.A.M.D. #1
210 - SCAQMD (VEHTCLE REG.)
211 - AB 3229 COPS FUNDING
214 - GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MATNT
217 - GAS TM2LO7 MAINTENANCE
218 - GAS TAX 2107.5 ENG./ADMTN
219 - GAS TAX RMRA
228 - EMERG. UPGMDE SERVICES
247 - AB 939 RECYCLING FUND
248 - SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO.1
253- INDIAN WELLS VILLAS OPERATIONS
254- MOUNTAIN VIEW VILLAS OPERATIONS
256- HOUSING AUTHORITY
271 - ELDOMDO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 - CASA DORADO LLMD
274 -THE COVE LLMD
27s - SH 111/rWGR (ENTRANCE) LLMD
276 - CLUBITW LANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - MOUNTAIN GATE LLMD
281 . MOUNTAIN GATE ESTATES LLMD
282 - VILI.AGIO LLMD
283 - VAIDYA LLMD
284 - CLUB, SOUTH OF 111 LLMD
285 - MONTELENA LLMD
286 - SUNDANCE LLMD
287 - PROVINCE LLMD
288. PROVINCE DBAD

TOTAL SPECIAL REVENUE FUNDS

CAPITAL PROJECT FUNDS
314 - PARK-IN-LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 - CAPITAL IMPROVEMENT
319 - ART IN PUBLIC PI.ACES
321 - HIGHWAY 111 CIRCULATION IMP FEE

TOTAL CAPITAL PROJECT FUNDS
$ 9,926,406.60
9,926,406.60
$ 5,427,0L8.42
5,427,OI8.42
7,353.27
6,020.83
82,225.22
2,396,962.65
L2,6L6.82
L33,778.46
1,818.53
1,937.70
1,512.81
1,856.25
676.67
205,660.r2
3,865,288.84
565,680.62
270,7L0.6t
72,738.65
1,393,978.81
2,L74,216.54
14,289,907.92
66,793.7r
3,148.96
958.44
r77.00
53,472.89
11,343.81
84,2I5.16
60,809.02
1,483.48
tor,273.92
53,082.91
272,007.66
37,723.96
22,t28.25
73,484.92
592.35
96,632.00
r,279.89
4,I54.r7

0.00 2,06t,237.05
14,406.23

0.00 0.00

0.00 0.00

0.00 500.50
303,785.56
3,886,135.22
480,352.56
238,662.90
L4,370.84
1,399,039.81
2,L82,rr0.54
14,26L,288.35
65,969.76
8,156.13
L,342.20
L,426.05
78,265.73
16,776.44
100,699.51
6r,136.32
16,846.43
107,303.35
55,689.95
287,695.19
38,440.02
28,958.26
88,386.41
I,445.t5
99,26r.78
585,37r.79 617 916.64
26,49OA94.O9

0.00 112,113.00
5,110,611.36
250,408.07

0.00 26,976,L86.4O
3,000.00
t29,743.26
8,550,430.33
t64,642.01

0.70 8,847,816.3O
3:07 PMSl11l2022Tlcommon\bank\Treasurer's Report\Cash 1 0M ar 22-draft 5,473'132.43
128

CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY MARCH 2022
PAGE 2
RESTRICTED FUNDS (Cont.)

REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE
327 - BRIDGES CAPITAL RESERVE
328 - MEDIANS & PARKWAYS CAPITAL RESERVE
329 - STORM DRAINS CAPITAL RESERVE
330 . TRAFFIC SIGNALS CAPITAL RESERVE
331 - TMFFIC SIGNALS CAPITAL RESERVE
332 - CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPITAL RESERVE

TOTAL REPLACEMENT FUNDS

SUCCESSORAGENCY FUNDS
4s3 - RDA (WHTTEWATER)
456 - RDA OBLIGATION RETIREMENT

TOTAL SUCCESSOR AGENCY FUNDS

ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT

TOTAL ENTERPRISE FUNDS

INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND

TOTAL INTERNAL SERVICE FUNDS

RESERVE FUNDS
602 - COMPENSATED ABSENCES

TOTAL RESERVE FUNDS

TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS

TOTAL TRUST & AGENCY FUNDS

TOTAL ALL FUNDS

FISCAL AGENTS
253 - INDIAN WELLS VILLAS
254 - MOUNTAIN VIEW VILLAS
453 - UNION BANK OF CALIFORNIA TRUSTEE
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECNON 115 TRUST

TOTAL FISCAL AGENTS

TOTAL ALL FUNDS & FISCAL AGENTS

UNRESTRICTED FUNDS

RESTRICTED FUNDS
31901,141.36 31394,884.51
$ 84,372,920.56 $ 77,469,6L2,6O
March
2022
March
202L
I,756,496.80
1,806,132.00
r,437,624.07
725,970.00
596,579.00
544,8L7.00
19,809,789.00
1,436,814.80
1,724,278.00
I,372,L68.07
693,215.00
569,314.00
5I9,747.00
18,914,635.00
119,524.00r24999.00
26,802,406.87
8,373,265.8L

0.00 25,349$95.87
6,078,164.05

0.00 8,373,265.81
1,500,000.00
6,078,164.O5

0.00 1,500,000.00
3I7,984.69

0.oo
46,160.9s
317,984.69
611,329.00
46,160,95
609 118.00
609,118.00
739,568.10
611,329.00
976,759.7r
80,4 7L,779.2O
976,759.71 739,568.10
74,O73,728.O9
526,330.91
1,075,603.99

17.69 r,38r,337.75
9r7,85L.02
3I4,248.30
576,702.34
8,977.77
1,600,520.65
894,435.45
9,926,406.60
74,446,513.96
$ 84,372,920.56
5,427,OL9.42
72,041,594.19
$ 77,468,6L2.6O
T:\Common\bank\Treasurer's Report\Cash 1 0M ar 22-draft 3:07 PM511112022129

INDIAN i.WELLS The City of lndian Wells
Portfolio Management
Portfolio Summary
March 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489cAt.ir0RNt,q
lnvestments
Bank Certificates of Deposit
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable CD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Miscellaneous Securities - Coupon
lnvestments
Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
The
Par Market
Value
2,520,O17.95
22,358,822.74
2,633,026.77
6,832,506.44
9,448,480.00
33,108,630.00
760,228.OO
Book
Value
2,493,000.00
22,358,822.74
2,633,026.77
6,982,000.00
1 0,053,033.50
35,000,648.54
803,145.78
olo ot
Portfolio
Days to
Maturity
YTM
360 Equiv.

YTM
365 Equiv.Value
2,493,000.00
22,358,822.74
2,633,026.77
6,982,000.00
1 0,000,000.00
35,000,000.00
800,000.00
Term

3.10 27.84

3.28 8.69

12.52 43.57

1.00 1,826
1 1
1,72s
1,704
1,711
1,449

2.623

0.360
o.246

1.765

1.617

0.983

0.653

2.660

0.365

0.249

1.789

1.639

0.997

0.662
243
1 1
990
1,077
1,388
989
80,266,849.51 77,661,711.90 80,323,677.33 100.00% 1,181 843 0.980 0.994 March 3{ Month Endins
60,580.69
80,5't 2,070.25

0.89%
cash flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked-to-Market" on a monthly basis.

Reporting period 03/0{/2022-0il31 12022 Portfolio CITY
AP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Run Date: O421DO22 - @j3 No fiscal year history available 130

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
March 31,2022
Purchase
Date Par Value

Stated YTM Days to Maturity
Book Value p.+a Fitch 360 Maturitv nr+acusrPlnvestment # Bank Certificates of Deposit
01 748DBA3
02587DS66
02s87CFG0
17312QH69
17801 GBR9
321 1 0YLK9
38148PG43
61 747MF63
795450N84
87164WRD2
Managed Pool Accounts - LAIF
SYS21
SYS23
Negotiable GD's
0200808X4
06063HMS9
06652CHA2
06740KMN4
073714YE7
07371 CE88
lssuer
Allegiance Bank Texas
American Express Centurion
American Express Bank FSB

CITIBANK NA
City National Bank
First National Bank of America
Goldman Sachs Bank
Morgan Stanley Bk NA
Sallie Mae
2_600

2.400

2.400

2.850

2.100

3.150

3.000

2.650

3.050

2.400
312
53 53
362
60 475
389
285
389
55 460
442
441
463
445
473
464
457
465
443
21 23
Ave]?9e
B.lenca
2,952,677.42
22,720,113.06
4,806,481.86
02t07t2018
0512412017
05t24t2017
o3l29lzUA
0513012017
0712012018
04n5/2018
01t11t2018
04n512018
05n6t2017
0710112020
o8B1nO21
07tuno20
07luno20
07to1t2020
07tuno20
o3t31t2020
0712212020
07t26t2019
10t24t2018
02t23t2022
02t23t2022
245,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
250,000.00
2,493,000.00
22,358,822.74

0.00 22,358,822.74
785,369.69

0.00 1,301,346.71
524,882.O7

0.00 0.00
19,428.30
2,000.00

0.00 2,633,026.77
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
Market Value
248,099.25
250,730.00
250,730.00
253,877.50
250,687.50
253,121.20
254,347.50
253,1 90.00
254,477.50
250,757.50
2,520,017.95
22,358,822.74

0.00 22,358,822.74
785,369.69

0.00 1 ,301 ,346.71
524,882.07

0.00 0.00
19,428.30
2,000.00

0.00 2,633,026.77
241,757.50
234,331.41
247,530.90
253,330.00
241,502.50
241,502.50
245,000_00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
250,000.00
2,493,000.00
22,358,822.74

0.00 22,358,822.74
785,369.69

0.00 1,301,346.71
524,AA2.O7

0.00 0.00
19,428.30
2,000.00

0.00 2,633,026.77
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00

2.564

2.367

2.367

2.811

2.071

3.107

2.959

2.614

3.008

2.367
0210712023
o5n4i2022
05n412022
03n912023
05131n022
07l20no23
04t25t2023
0111112023
04t25n023
05t26t2022Synchrony Bank
Subtotal and Average
LAIF - City
LAIF - Redevelopment

0.365
o.233

0.360

0.230

2.623 243

0.360
o.247

0.000

0.345

0.000

0.000

0.000
o.247

0.000

0.000

0.246

1.380

0.690

1.973

3.205

1.874

1.474
Subtotal and Average
Money Market Sweeprchecking Account
SYSl
SYS6
SYST
SYSs
SYS2
SYS3
sYs4
SYS19
SYS5
Pacific Western Bank
Pacifi c Western Bank-Ambulance
Pacifi c Western-PublicFundsM MA
US Bank Money Market
Pacific Western - Acct Payable
Pacific Western-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average
1 6
7 8
2 3
4 19
5 515
525
501
482
561
562

0.250

0.350
o.250
Alma Bank
Bank of Baroda
Bankwest lnc.

Barclays Bank/Delaware
Beal Bank - Plano TX
Beal Bank USA

1.400

0.700

2.000

3.250

1.900

1.900
1,O92
1,208
847
206
1,783

1.743
03t28t2025
0712212025
07126t2024
'1012412022
o211712027
o217n027
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 04/2112022 - 09:13
Report Ver. 7.3.6.'1131

Stated
Book Value F1rte

YTltt DayE to Maturity
Fitch 360 Maturitv l'hlcCUSIPlnvestment #
Negotiable CD's
05580AVX9
14042T4Y3
15201QDE4
20033AM86
254673U18
29260M8E4
32027BAM9
321 1 2UDRg
39573LBLl
5380361D4
5901 3J4X4
61760ARM3
64034KAG6
654062J22
66736A8V0
69506YR15
709621AS1
749622A.tO
856285TF8
89235MKY6
90348JFF2
9494954Q8
Medium Term Corporate Notes
0231354\ 16
06048WM31
06048Vt it72
06406R4N7
1667644H3
48128G2Q?
46632FRUl
61 22854E6
95001 D6U9
lssuer

BMWBANK NORTH AMERICA
Capital One Bank USA NA
Centerstate Bank NA
Comenity Capital Bank
Discover Bank

ENCORE BANK
First Freedom Bank
First Nail Bank of Mccregor TX
Greenstate Credit Union
Live Oak Banking Company
Merrick Bank
Morgan Stanley Private Bank
Nelnet Bank, lnc.

Nicolet National Bank
Northwest Bank
Pacific Westem Bank CA CD
Pentagon Federal Credit Union
RIA Federal Credit Union
State Bank of lndia NY, NY CD
Toyota Financial Sgs Bk
UBS Bank USA
Wells Fargo Natl Bk West
Subtotal and Average
The Gity of lndian Wells
Portfolio Management
Portfolio Details - Investments
March 31,2022
512
499
518
484
480
520
521
517
550
5't4
485
485
558
513
519
522
557
498
516
548
483
507
Average
Balance
6,982,000.00
o3t31t2020
07t1812019
0413012020
10ROt2018
10103nu8
04i3On020
04RO12020
04nal2020
061'1612021
03R1t2020
1112012018
11t08t2018
02t02t2022
03R'v2020
0413012020
04ROt2020
ogD9no21
06n4nu9
04n9/2020
04n2t2021
1013012018
0128nO20
Purchase
Date
1ZO42O18
05t28no21
07t30t2021
05t14t2020
11t20t2018
o2t26t202'l
0112212021
0711712020
0413012020
Par Value
250,000.00
247,OOO.O0
248,000.00
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
249,000.00
6,982,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
Market Value
242,805.OO
247,392.73
238,466.88
256,507.50
255,855.00
243,883.05
243,629.07
240,1 35.60
232,965_00
241,697.50
254,727.50
253,762.50
237,092.50
241,705.OO
239,O12.61
238,466.88
230,800.59
25'l,509.92
241,031.20
233,692.50
256,695.00
250,718.10
6,832,506.44
250,000.00
247,000.00
248,000.00
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
249,000.00
6,982,000.00
992J63.20
1,000,000.00
1,000,000.00
1 ,01 1,668.25
997,388.60
1,000,000.00
2,000,000.00
1,051,813.45
1,000,000.00

1.529

0.000

1.233

3.403

3.255
1 .135

1.086

1.332

0.888

1.342

3.356

3.352

1.479

1.382

1.1 84

1.233

0.888

2.468

1.578

0.888

3.454

1.875
1,095
817
1,'t25
577
550
760
760
1,'t23
1,537
1,095
294
221
1,764
1,095
1j25
1,'125
1,642
634
1,124
1,482
574
291
327
1 ,518
1,581
1,119
449
1,427
1,392
1,157
394

1.617 1,077
03t31t2025
06t26t2024
o4t30Do25
10t30t2023
10t0312023
04130t2024
04t30t2024
04128n025
od16no26
0313112A25
01n0no23
11t08i2422
0210212027
0313112025
04t30t2025
04130n025
09t29n026
12t26t2023
0412912025
o4n2t2026
10127n023
uh7n023
o2t22DO23
o512a12026
07l30no26
0412412025
06n412023
o2n612026
u122n026
0610112025
0413012023

1.550

2.300

1.250

3.450

3.300

1.150

1.100

1.350

0.900

1.400

3.400

3.400

1.500

1.400

1.200

1.250

0.900

2.500

1.600

0.900

3.500

1.900

2.400

1.260

1.200

1.600

3.191

0.800

0.700

2.503

2.150

1.765 990
489
549
556
524
488
538
533
526
523
Amazon.com lnc.

Bank of America MTN A
Bank of America MTN A
Bank of New York Mellon Corp
Chevron Corp
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig AA
Wells Farco & Company
1,006,380.00
929,740.OO
877,900.00
963,940.00
'1,010,840.00
900,550.00
1,798,540.00
971 ,710.00
988,880.00

3.303

1.233

1.184
'1.190

3.375

0.789

0.690

0.819

2.959
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: O4n1nO22 - @:13
Subtotal and Average 10,053,394.43 10,000,000.00 9,448,480.00 10,053,033.50 132

CUSIP lnvestment #
Federal Agency lssues - Callables
Stated
BookValue R.ta

YTM Days to Maturity
Fitch 360 Maturitv Datelasuer
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Nat'l Mortgage Assoc
Fed. Nat'l Mortgage Assoc
Subtotal and Average
Total and Average
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
March 31,2022
31 33ELZ80
3133EMH21
31 33EML67
31 33EMN99
3133EMW73
31 30AL3S1
3130416G4
31 30AL6J8
313OALDN1
31 3oALHZo
31 30ALJ62
313OALMM3
313041\ /r57
31304MW57

3.13OAQWF6
313OAQWJ8
31304Q255
313oARCVI
3134G\ /CGg
3134GXMX9
31 36G4C43
3135G4223
07t29t2020
06t17t2021
06n2n021
06t30t2021
0712812021
o2t17t2021
0212512021
02n412021
03n6n021
03t18t2021
0312412021
03t30t2021
04t22t2021
0613012021
o2D5DO22
02n42022
03t10t2022
0312812022
07ROt2020
0312512022
o8l14DO20
11h7n020
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
'l,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,871,260.00
1,872,600.00
1,871 ,000.00
1,882,820.00
2,809,650.00
933,600.00
933,760.00
1,869,340.00
1,876,000.00
936,930.00
941,970.00
1,887 ,720.OO
950,210.00
1,881,040.00
972,140.00
969,840.00
985,950.00
1,983,840.00
948,310.00
990,570.00
1,880,1 80.00
1,859,900.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,648.54
1,000,000.00
2,000,000.00
2,000,000.00
0712912025
0611512026
06D2t2026
06130n025
07n8t2026
0211712026
o?i2512026
o2n4no26
0311612026
06t18t2025
03t24t2026
0313012026
0412212026
o6t30t2026
0212512027
o2n412027
031't012027
03t28t2024
04t30t2025
03n5n025
ogt14t2025
11t17t2025
529
552
553
554
555
534
535
536
539
541
542
544
546
551
559
560
563
565
530
564
527
532
Average
Belenca
32,194,205.15
803,198.33
80,51 2,070.25
Purchase
Date Par Value Market Value

0.580

0.900

0.800
o.740

0.870

0.625

0.600

0.625

0.800

0.530

0.875

1.000

1.100

0.650

2.150
2_050

2.500

1.500

0.650

2.200

0.650

0.560

0.572

0.888

0.789

0.730

0.858

0.616

0.592

0.616

0.789

0.523

0.863

0.986

1.085

0.967

2.121

2.O22

2.466

1.846
o.621

2.170

0.641

0.552
1,215
1,536
1,543
1,186
1,579
1,418
1,426
1,425
1,445
1,174
1,453
1,459
1,482
1,551
1,791
1,790
1,804
727
1,125
1,089
1,231
1,326
Miscellaneous Securities - Goupon
2556s1 KY6
63877NMM6
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
Subtotal and Average
537
531
02t18t2021
1010112020
35,000,000.00
500,000.00
300,000.00
800,000.00
80,266,849.51
33,108,630.00
476,935.00
283,293.00
760,228.00
77,661,711.90
35,000,648.54
503,145.78
300,000.00
803,1/r5.78
80,323,677.33

0.983 1,388

0.395

1.085

0.653 989

0.980 843
853 0A1O1t2024
1,218 08t01t2025

0.672
'1.100
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 04/2112022 - 09:13
133

INDIAN LSW 201 4, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Summary
March 31,2022
EL City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Daily Balance
Rate of Return
Reporting period 03/01 12022-0931 12022
Pe?Maftet
Value

3.44 3.4

3.44 100.00

3.e 100.00%
Book
Value
%ol
Portfolio
Days to
Maturity 360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 14A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Value

3.44 3.U
March 3l Month Ending

0.00 ,t,287,110.70

0.00%
Term
1 RunDate:05n0nv2 - 17:6 No fiscal year history available 134

201 4, 201 5, 2016, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
March 31,2022
Purchase
Date ParValu6
Page'l
YTM Days to MaturityStated
BookValue P.ra

1.00 0.03

0.17 2.24

0.00 3.4

3.4 Fitch 365 MrtrrrituCUSIPlnvestment#
Money Market Sweep/Checking Account
SYS28
SYS26
sYs25
sYs27
SYS24
Subtotal and Average
Total and Average
2A
26 25
27 I
lssuer
20144 Bonds Reserve
All Bond Series Principal
All Bond Series lnErest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
Ralanaa
1,287,11O.7O
1,287,110.70
071o112020
07101t2020
07t01t2020
07n1i2020
07to1no20

1.00 0.03

0.17 2.24

0.00 Market Value

1.00 0.03

0.17 2.24

0.00 3.4

3.4 0.000

0.000

0.000

0.000

0.000

0.000

0.000

3.4 3.4
Portfolio 14A
CP
PM (PRF_PM2) 7.3.0Run Date: 05/1@922 -'17:55
Report Ver. 7.3.6.1135

I'' 1r':' "/;.-INDIAN WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA 92210
(760)346-2489CAI"IFOI?NIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
of Return
Reporting pedod 03101 12022-093112022
2015 A Bonds
Portfolio Management
Portfolio Summary
March 31,2022
Par Market
Value

1.00 1.00
1 .00 100.00

1.00 100.00%
Book
Value
olo of
Portiolio
Days to
itaturity
YTM
360 Equiv.

0.000

0.000
YTM
355 Equiv.

0.000

0.000
Portfolio 15A
CP
PM (PRF_PMl) 7.3.0
Report Ver 7.3.6.1
Value

1.00 1.00
March 31 Month Ending
Term

0.00 r.00

0.00%
Run Date:05/1012022 - 17:58 No fiscal year history available 136

sYs27
sYs22
lssuer
2015 A Reserve
UBC Cost Of lssuance Escrow
Subtotal and AveEge
Total and Average
Stated
BookValue R.t

1.00 1.00

1.00 0.00

0.000

0.000

YTM Days to Maturity
Fitch 365 llaturitv Dil.

0.000

0.000 1
Portfolio 15A
CP
PM (PRF_PM2) 7.3.0
2015 A Bonds
Portfolio Management
Portfolio Details - lnvestments
March 31,2022
Purchase
Date ParValueCUSIPlnvestment#
Money Market Sweep/Ghecking Account
Average
Erhnca

1.00 1.00
o8t31t2021
07t01t2020
Market Value

1.00 0.00
t.00

1.00 27
22 1.00

0.00 1.00

1.00 RunDate: Oil1ont22 - 17:58
Report Ver 7.3.6.1137

,t-l-1
1-INDIAN'J WELLS

CALIFORNIA
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
2016 A Bonds
Portfolio Management
Portfolio Summary
March 31,2022
Par Market
Velue

1.00 {.00
Book olo ol
PortfolioValue
1 .00 100.00

1.00 100.00%
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTII
365 Equiv.

0.000

0.000
Portfolio 16A
CP
PM (PRF_PMI) 7.3.0
Repori VeL 7.3.6.1
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Balance
of Return
Reporting period 03t01 t20224931 12022
Value

1.00 1.00
March 31 Month Ending
Torm
1I

0.00 r.00

0.00%
Run Date:05/10/2022 - 18:01 No fiscal year history available 138

2016 A Bonds
Portfolio Management
Portfolio Details - lnvestments
March 31,2022
Purchase
Date ParValue l$arket Value
Page I
YTM Days to Maturig
Fitch 365 Maturitv n.t.
sated
BookValue R2fc

0.00 1_00

1.00 r.00
CUSIP lnvestment#lssuer
Money luarket Sweep/Checking Account
SYS28 1 UBC Cost Of lssuance Escrou,
SYS33 2 Union Bank ReserveAccount
Subtotal and Average
Total and Average
AYerage
Balance

1.00 1.00
07t01n020
07to1t2020

0.00 1.00

1.00 1.00

0.00 1.00
L00

1.00 0.000

0.000

0.000

0.000
1 Portfolio 16A
CP
PM (PRF_PM2) 7.3.0Run Date: 0t10/2022 - 18:01
Report Ver. 7.3.6. 1139

:- l- ' ,''7:./I't.'
INDIAN '\ WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALITORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
Return
Kevin
Reporting period 03/01/2022-0931 12022
2020 A Bonds
Portfolio Management
Portfolio Summary
March 31,2022
Par Market
Value

1.00 r.00
1 .00 100.00
r.00 100.00%
Book
Value
o/o ol
Portfolio
Days to
Matudty
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 20A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Value

1.00 't.00
llarch 31 l[onth Ending
Term

0.00 1.00

0.00%
Run Dale: OSl1Of2t22 - 17:27 No fiscal year history available 140

CUSIP lnvestment #
Money Market Sweep/Checking Account
ls3uer
2020 A Bonds COI
2020 A Bonds Reserve
Average Purchase
Flilrn.,Date

1.00 1.00
2O2O A Bonds
Portfolio Management
Portfolio Details - lnvestments
March 31,2022

Stated YTM Days to Maturity
Book Value Prra Fiteh 36s Mrtilritv

1.00 0.000

1.00 0.000
Portfolio 20A
CP
PM (PRF_PM2) 7.3.0
ParValue

1.00 1.00
Market Value
L00

1.00 sYsl
sYs2
Subtotal and Average
Total and AveEge
2 07t01t2020
07101t2020

0.00 1.00

0.00 1.00

0.00 1.00

0.000

0.000
Run Date: Og1ong22 - 17:27
Reporl Ver. 7.3.6.1141

:*" I- '
/''':-:.:f1- ...

INDIAN . WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
of Return
Agency
Reporting period O3101 12022-0313112022
Par
2022 Bonds
Portfolio Management
Portfolio Summary
March 31,2022
Market
Valua
12,089,1 1 9.84
12,089,1 19.84
Book
Value
%ol
Portfolio
Days to
Maturity 360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Porllolio 22
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Value
12,089,1 19.84
12,0E9,119.E4
March 3l Month Ending

0.00 12,089,086.76

0.00%
Term
12,089,119.84 100.00
12,089,119.84 t00.00%1
Run Dale: oSnOl2V22 - 17:37 No fiscal year history available 142

2 2022 Bonds
Portfolio Management
Portfolio Details - Investments
March 31,2022
Purchase
Dele ParValue
Stated
Book Valua e,.a Fir.h
Page I
YTM Days to Maturity
laauer
2022 Bonds COI
2022 Bonds Project Fund
AYerage
Flrl.nra
12,089,086.76
12,089,086.76
0211012022
o2nono22
38,303.76
12,050,816.08
12,089,1 19.84
r2,089,1,t9.84
ilartet Value
38,303.76
12,050,816.08
t2,089,1 I 9.84
12,0E9,1 { 9.84
38,303.76
12,050,815.08
12,089,119.84
r2,089,r r9.84

0.000

0.000
CUSIP lnvestment#
ll,loney Market Sweeplchecking Account
sYs2
SYSl
Subtotal and AveEge
Total and Average

0.000

0.000
Porlfolio 22
CP
PM (PRF_PM2) 7.3.0Run Date: O5l1ODg22 - 17:37
Report Ver. 7.3.6.1143

City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-027-22 Item #:A.

Indian Wells City Council
Staff Report - Finance May 19, 2022
Annual Levy and Engineer’s Report for the Indian Wells Street Lighting District No. 2000-1
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony,CLOSES the Public Hearing; and ADOPTS Resolution No. 2022-25 approving the annual levy of the Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2022-23; and
ORDERS the Indian Wells Street Lighting District No. 2000-1 levy to be placed on the fiscal year 2022-23 Riverside County tax roll.

DISCUSSION:

The City is responsible for levying the annual lighting and maintenance assessment for the Villages at Indian Wells development in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. The District is located at the southwest corner of Fred Waring Drive and Warner Trail and continues to Blackfoot Drive and Dakota Trail, Arapahoe Vista, and Elkhorn Trail.

The District was originally established by Riverside County to provide street lighting for the area.

The District was reformed by the City in 2000 during annexation. Improvements within the District include the maintenance and operation of, and the furnishing of services for street lighting and facilities.

FISCAL IMPACT:

The annual levy is $47.74 and has not changed from the prior fiscal year. The City anticipates collecting a total of $1,480 from thirty-one assessed parcels within the District. The City records the revenues into a Special Revenue fund to operate the District. There is no fiscal impact to the General Fund as the annual levy is sufficient to operate the district.

City of Indian Wells Printed on 5/13/2022Page 1 of 2
powered by Legistar™144

File #:RES-027-22 Item #:A.

ATTACHMENT:

1. Resolution No. 2022-25
City of Indian Wells Printed on 5/13/2022Page 2 of 2
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RESOLUTION NO. 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, AMENDING AND/OR APPROVING THE

FINAL ANNUAL LEVY REPORT FOR STREET LIGHTING DISTRICT
NO. 2000-1 FOR FISCAL YEAR 2022-23 AND ORDERING THE

LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO
WHEREAS, the City Council of the City of Indian Wells, California (the “City Council”) has by previous resolutions ordered the preparation of the Engineer’s Annual Levy Report (the “Report”) for said district known and designated as:

Indian Wells Street Lighting District No. 2000-1
(the “District”) pursuant to the provisions of Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”); and
WHEREAS, there has now been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act and as previously directed by resolution; and
WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Articles XIIIC and XIIID; and WHEREAS, this City Council has carefully examined and reviewed the Report as presented (or amended) and is satisfied with each and all the items and documents as set forth therein and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance, and services to be performed as set forth in said Report; and
WHEREAS, the City Council has by previous resolutions-initiated proceedings, approved the Report that describes the assessments against parcels of land within the District, and declared its intention to levy assessments for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 pursuant to the provisions of the Act to pay the costs and expenses of operating, maintaining, and servicing street lighting and appurtenant facilities located within the District; and WHEREAS, Willdan Financial (the “Engineer”) selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the Council, the Report in connection with the proposed levy and collection of assessments upon eligible parcels of land within District, and the City Council has approved such Report; and
ATTACHMENT #1
146

City of Indian Wells
Resolution No. 2022-25

WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 to pay the costs and expenses of operating, maintaining and servicing street lighting and appurtenant facilities located within public places in the City; and

WHEREAS, the City and its legal counsel have found that these assessments comply with applicable provisions of Section XIIID of the California State Constitution.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The Report as presented or amended is hereby approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the report and any amendments directed by the City Council and final approval of the Report as presented or amended.

SECTION 4. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.

SECTION 5. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been ordered to be filed with the City Clerk, the City Council hereby finds and determines that:

i) the land within the District will receive special benefit by the operation, maintenance, and servicing of street lighting and appurtenant facilities located in public places within the boundaries of the District; and

ii) the District includes all of the lands so benefited; and

iii) the net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes 147

City of Indian Wells
Resolution No. 2022-25

the net amount among all eligible parcels in proportion to the estimated benefits to be received by each parcel from the improvements and services.

SECTION 6. The City Council hereby ORDERS the improvements which are briefly describes as follows: The maintenance, servicing and operation of the street lighting and appurtenant facilities located in public places within the boundary of the District. Maintenance means the furnishing of services and material for the ordinary and usual maintenance, operation and servicing of the street lighting and appurtenant facilities, including repair, removal or replacement of all or part of any of the streetlights or appurtenant facilities. Servicing means the furnishing of electricity for the lighting and operation of the street lighting and appurtenant facilities. The Report describes all new improvements or substantial changes in existing improvements.

SECTION 7. The County Auditor of the County of Riverside shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

SECTION 8. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund known as "City of Indian Wells Street Lighting District No. 2000-1," and such money shall be expended only for the maintenance, operation and servicing of the street lighting and appurtenant facilities as described in Section 6.

SECTION 9. The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

SECTION 10. The City Clerk or their designate is hereby AUTHORIZED and DIRECTED to file the levy with the County Auditor upon adoption of this Resolution pursuant to Chapter 4, Article 1, Section 22641 of the Act.

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

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City of Indian Wells
Resolution No. 2022-25

CERTIFICATION FOR RESOLUTION NO. 2022-25

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells the 19th day of May 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

149

City of Indian Wells
Resolution No. 2022-25

Exhibit “A”

(following this page)

150

City of Indian Wells

Street Lighting District No. 2000-1

2022/2023 ENGINEER’S REPORT

Intent Meeting: April 21, 2022
Public Hearing: May 19, 2022

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864

Property Tax Information Line
T.866.807.6864

www.willdan.com
151

152

TABLE OF CONTENTS

I. OVERVIEW 1
II. DESCRIPTION OF THE DISTRICT 2
A. DISTRICT BOUNDARY 2
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. IMPROVEMENTS WITHIN THE DISTRICT 3
III. METHOD OF APPORTIONMENT 4
A. GENERAL 4
B. PROPOSITION 218 BENEFIT ANALYSIS 4
C. BENEFIT ANALYSIS 5
D. METHODOLOGY 6
IV. DISTRICT BUDGETS 7
A. DESCRIPTION OF BUDGET ITEMS 7
B. FISCAL YEAR 2022/2023 DISTRICT BUDGET 9
APPENDIX A -DISTRICT BOUNDARY MAPS 10
APPENDIX B - 2022/2023 ASSESSMENT ROLL 12
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2022/2023 Street Lighting District No. 2000-1 Page 1
I. OVERVIEW

The City of Indian Wells (the “City”) annually levies and collects special assessments in order to provide and maintain the improvements within the Indian Wells Street Lighting District No. 2000-1 (the “District”). The boundary of the District includes Tract 21650 and Tract 3292-R, which consists of a portion of Riverside County Service Area (the “CSA”) No. 121 that was annexed to the City as “Indian Wells Annexation No. 13” by order of Resolution No. 2000-12 of the City of Indian Wells City Council (the “City Council”) on March 16, 2000. The annexation authorized the City to continue levying assessments previously approved and authorized to be levied by CSA 121 in order to continue street lighting services previously provided by that CSA and now provided by the City. The District was formed on October 2000 and provides a mechanism to continue levying assessments for street lighting services within the boundaries of the District. The District assessments described in this Engineer’s Report (the “Report”) are prepared and levied annually pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and Article XIIID of the California Constitution (the “Article”) which was enacted with the passage of Proposition 218 in November 1996.

This Report describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2022/2023. The assessments are based on the City’s estimate of the annual costs to maintain the improvements that provide direct and special benefits to properties within the District. The improvements within the District, the corresponding costs, and the annual levy are budgeted. The assessment includes expenditures, deficits, surpluses, revenue, and reserve funds.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number (the “APN”) by the Riverside County Assessor’s Office. The Riverside County (the “County”) Auditor/Controller uses the APN and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.

Following consideration of the public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2022/2023 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel in Fiscal Year 2022/2023.

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II. DESCRIPTION OF THE DISTRICT
A. DISTRICT BOUNDARY

The boundaries of the District include Tract 21650 and Tract 3292-R, which consists of the portion of Riverside County Service Area No. 121 that was annexed into the City as “Indian Wells Annexation No. 13” by order of Resolution No. 2000 - 12 of the City Council on March 16, 2000.

The District’s boundaries are comprised of the streets and parcels that are located within the territory that is defined as the area South of Fred Waring Drive between Elkhorn Trail and Warner Trail; North of Arapahoe Drive between Elkhorn Drive and Dakota Trail; and North of Blackfoot Drive between Dakota Trail and Warner Trail.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT

As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
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• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "Maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. IMPROVEMENTS WITHIN THE DISTRICT

The improvements for the District may be generally described as follows: the operation, maintenance and servicing of the street lighting and appurtenant facilities located in public places within the boundary of the District. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lighting and appurtenant facilities, including repair, removal or replacement of the streetlights or appurtenant facilities. “Servicing” means the furnishing of electricity for the lighting and operation of the street lighting and appurtenant facilities.

Plans and specifications for the improvements are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.

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III. METHOD OF APPORTIONMENT
A. GENERAL

Pursuant to the 1972 Act and the provisions of Proposition 218, the costs of the District are apportioned by a formula or method, which fairly distributes the net amount to be assessed among the assessable parcels in proportion to the special benefits to be received by each such parcel from the improvements. Proposition 218, approved by the voters in November 1996, requires the agency to separate the general benefit from special benefit, whereas only speci al benefits are assessable.

Each parcel within the District receives special benefits from the improvements due to the close proximity of the lighting improvements to each parcel. The proposed assessments are at the same rate as those imposed by the County under the CSA. Since the assessments are not new, not increased, and are for street lighting, they are currently exempt from the procedures and approval process of Proposition 218.

B. PROPOSITION 218 BENEFIT ANALYSIS

In conjunction with the provisions of the 1972 Act, the Article addresses several key criteria for the levy of assessments, notably:

Section 2(d) of the Article defines District as follows:

“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property -related service”;

Section 2(i) the Article defines Special Benefit as follows:

“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.

General enhancement of property value does not constitute “special benefit.”

Section 4(a) the Article defines proportional special benefit assessments as follows:

“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be 157

2022/2023 Street Lighting District No. 2000-1 Page 5
imposed on any parcel which e xceeds the reasonable cost of the proportional special benefit conferred on that parcel.”

This District was formed to establish and provide for the improvements that enhance the presentation of the surrounding properties and developments . These improvements will directly benefit the parcels to be assessed within the District.

The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape and lighting improvements within the existing District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated by District will be used solely for such purposes.

The costs of the proposed improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.

The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives specia l benefits from the landscape and lighting improvements within the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.

To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.

C. BENEFIT ANALYSIS

The improvements associated with the District are part of the overall development plan for these parcels and were specifically installed for the benefit and development of the parcels. The benefit of street lighting conferred upon the parcels within the District includes the convenience, safety, and security of properties, improvements and goods. Specifically:

1. Enhanced deterrence of crime – an aid to police protection.

2. Increased nighttime safety on roads and highways.
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3. Improved visibility of pedestrians and motorists.

4. Improved ingress and egress to and from property.

5. Reduced vandalism, damage to improvements or property, and other criminal acts.

6. Improved traffic circulation and reduced nighttime accidents and personal property loss.

7. Increased promotion of business during nighttime hours in the case of commercial properties.

D. METHODOLOGY

The cost to provide maintenance and services of the improvements within the District is fairly and equitably distributed among each assessable parcel based upon the estimated special benefits received by each parcel.

The District is comprised of single-family residential parcels with the exception of two parcels identified as common areas or public property. The residential lots receive the same special benefit from the improvements due to their similarity in size and use and their similar proximity to the improvements. Therefore, each assessable lot is assessed an equal amount.

For Fiscal Year 2022/2023, the assessment rate will be the total balance to levy divided by the number of assessable residential lots.

The assessed lots or parcels of real property within the District are listed on the Assessment Roll, which is provided as Appendix B of this report. The Assessment Roll provides a listing of the assessable parcels and their respective assessment for Fiscal Year 2022/2023. The specific lines and dimensions of the parcels are more particularly described on the County Assessor’s Parcel Map, which is on file in the Office of the Riverside County Assessor and by reference is made a part of this Report.

The maximum assessment rate for the District is the same as the rate approved under the CSA ($47.74 per parcel) and is to be used for the same purpose – maintaining and servicing the existing streetlights within the District. As part of the annexation process of this unincorporated area to the City, it was detached from the CSA. However, the annexation process specifically allowed the City to continue the imposition of these assessments for street lighting purposes. 159

2022/2023 Street Lighting District No. 2000-1 Page 7
IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS

The following section describes the services and costs that are funded through the District and are shown in the District Budget.

Maintenance Costs

Labor, Material and Equipment – Includes labor, material and equipment required to properly maintain and service the street lighting and appurtenant facilities within the District. The improvements within the District will be ma intained and serviced on a regular basis by the City. The specific maintenance operations required for the District, and the frequency thereof, are to be determined by City Staff.

Utilities

Electric – The furnishing of electricity for the operation of the landscaping and appurtenant facilities.

Capital Replacement Costs

Repairs – Unforeseen repairs not normally included in the yearly maintenance cost. This may include repair of damage due to vandalism or weather.

Upgrades – Planned upgrades of the improvements that provide a direct benefit to the District may also be included in capital replacement costs. Examples of upgrades are additional street lighting facilities and/or renovating existing street lighting facilities.

Reserves

Operating Reserves – Reserves to be accumulated for maintenance services for the first six months of each fiscal year until tax monies become available for maintenance costs.

Administrative Services

City Staff – The cost of City Staff’s efforts in coordinating the maintenance and servicing of the improvements, responding to public concerns, and levying and collecting the assessments. This includes reimbursement for time spent by Finance and Accounting, the City Attorney, the City Manager, and the Public Works Staff.

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Professional Services – The cost of contracting with professionals to provide services specific to the levy of assessments and annual administration of the District.

County Administration Fees

Assessment Collection – The fees charged by the County to place the assessments on the property tax rolls and collect the assessments from property owners.

Carryover/(Deficit) Prior Year

Available Funds – Any funds that are not expended in the prior fiscal year shall be included to offset maintenance costs in the current fiscal year. If the total funds in any fiscal year are insufficient to offset maintenance costs, a loan from other City funds shall be a deficit of the District and shall be included and repaid as the costs and assessments for the subsequent fiscal year.

Assessable Lots

Current and Planned Lots – Any subdivided residential lots and parcels planned for subdivision into residential lots within the District.

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B. FISCAL YEAR 2022/2023 DISTRICT BUDGET

BUDGET ITEM AMOUNT

Direct Costs

Maintenance - Labor, Material and Equipment

$100
Utilities – Electric 700
Capital Replacement Costs - Repairs and Upgrades 50 Reserves - Operating Reserves 959
Direct Costs Subtotal $1,809

Administrative Costs

Administrative Services - City Staff

$200
Administrative Services - Professional Services 320 County Administration Fees – Assessment Collection 10 Administrative Costs Subtotal $530

Fiscal Year 2022/2023 Assessment

Total Direct and Administrative Costs

$2,339
Carryover (Deficit) Prior Years – Available Funds 0 Balance to Levy (1) $2,339

Assessable Lots – Current and Planned Lots 49
Annual Assessment Per Parcel $47.74

(1) Balance to Levy rounded to the nearest dollar

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APPENDIX A -DISTRICT BOUNDARY MAPS
The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the Act and are made part of this Report by reference.

The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report.
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APPENDIX B - 2022/2023 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared.

Non-assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right -of-ways or easements and dedicated common areas. These parcels will not be assessed.

A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report.

Upon approval of the Report, and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2022/2023. If the parcels or assessment numbers within the District and referenced in this Report, are re-numbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, th e new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitt ed on the new parcels or assessment numbers will be based on the method of apportionment and levy amount approved in this Report by the City Council.

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Assessment Roll

Assessor's Parcel
Number (1)
Fiscal Year 2022/2023
Assessment Amounts
633-324-001 47.74
633-324-002 47.74
633-324-003 47.74
633-324-004 47.74
633-324-005 47.74
633-324-006 47.74
633-324-007 47.74
633-324-008 47.74
633-324-009 47.74
633-324-010 47.74
633-324-011 47.74
633-324-012 47.74
633-324-013 47.74
633-324-014 47.74
633-324-015 47.74
633-324-016 47.74
633-324-017 47.74
633-324-018 47.74
633-700-001 47.74
633-700-002 47.74
633-700-003 47.74
633-700-004 47.74
633-700-005 47.74
633-700-006 47.74
633-700-007 47.74
633-700-008 47.74
633-700-009 47.74
633-700-010 47.74
633-700-011 47.74
633-700-012 47.74
633-700-013 47.74
633-700-014 47.74
633-700-015 47.74
633-700-021 47.74
633-700-022 47.74
633-700-023 47.74
633-700-024 47.74
633-700-025 47.74
633-700-026 47.74
633-700-027 47.74
633-700-028 47.74
633-700-029 47.74
633-700-030 47.74
633-700-031 47.74
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Assessor's Parcel
Number (1)
Fiscal Year 2022/2023
Assessment Amounts
633-700-032 (2) 0.00
633-700-033 47.74
633-700-034 47.74
633-700-035 47.74
633-700-036 47.74
633-700-037 47.74
Total Assessment $2,339.26
(1) Parcel 633-300-007 split to parcels 633-324-001 through 633-324-018 in Fiscal Year 2021/2022.
(2) Parcel 633-700-032 is an open space parcel owned by the Village at Indian Wells Homeowner Association and thus is not assessed as the benefit is shared by the residents within the development.

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City of Indian Wells
5/19/2022
44-950 Eldorado Drive,
Indian Wells
File #:RES-028-22 Item #:B.

Indian Wells City Council
Staff Report - Finance May 19, 2022
Final Annual Levy Report for Landscape and Lighting District No. 91-1 for Fiscal Year 2022-23 and Ordering the Levy and Collection of Assessments RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony,CLOSES the Public Hearing; and ADOPTS Resolution No. 2022-26 approving collection of assessments for Fiscal Year 2022-23 for the Landscape and Lighting District No. 91-1; and
ORDERS the for Landscape and Lighting District No. 91-1 levy to be placed on the Fiscal Year 2022-23 Riverside County tax roll.

DISCUSSION:

The City is responsible for the collection of levies for the citywide Landscape and Lighting Maintenance District No. 91-1 (the “LLMD”). The LLMD contains seventeen active landscape and lighting districts located primarily along Highway 111. The City operates twelve of the districts and respective homeowner’s associations operate the remaining five districts.

Each year the City Council conducts a public hearing to act on costs to operate and maintain the landscape and maintenance districts. The Engineer’s Report attached to this staff report provides a complete budget detail for the landscape and lighting maintenance districts.

FISCAL IMPACT:

The preliminary levy amounts to operate the LLMD for Fiscal Year 2022-23 per the Engineer’s Report are as follows:

Annual
Maximum Levy Prior Year Proposed Increase
Zone Description Allowed per EDU Levy per EDU Levy per EDU (Decrease) A1 Eldorado $ 220.39 $ 106.45 $ 123.86 $ 17.41 A2 Montecito/Stardust $ 463.64 $ 438.91 $ 440.18 $ 1.27 A3 Casa Dorado (A Pass-through District) $ 212.88 $ 206.21 $ 212.42 $ 6.21 A5B The Cove (A Pass-through District) $ 330.00 $ 320.14 $ 322.34 $ 2.20 A8 Indian Wells Golf Resort $ 635.09 $ 578.72 $ 634.60 $ 55.88 A11A Hwy. 111 & Club Drive $ 307.73 $ 148.89 $ 172.82 $ 23.93 A11C Club Drive $ 199.69 $ 192.87 $ 198.80 $ 5.93 C The Colony $ 3,810.77 $ 928.91 $ 985.16 $ 56.25 D Colony Cove Estates $ 10,955.69 $ 918.18 $ 969.63 $ 51.45 E Desert Horizons (A Pass-through District) $ 725.38 $ 703.05 $ 725.38 $ 22.33 A19 Mountain Gate $ 1,163.28 $ 776.00 $ 815.00 $ 39.00 A20 Mountain Gate Estates $ 1,131.59 $ 835.71 $ 867.86 $ 32.15 A21 Villagio $ 2,380.99 $ 1,090.71 $ 1,106.38 $ 15.67 A22 Vaidya $ 895.14 $ 373.08 $ 415.38 $ 42.30 A23 Montelena $ 1,278.86 $ 1,020.83 $ 1,069.44 $ 48.61 A25 Sundance (A Pass-through District) $ 1,400.92 $ 1,050.00 $ 1,094.44 $ 44.44 A26 Province (A Pass-through District) $ 1,469.50 $ 1,426.69 $ 1,468.80 $ 42.11 City of Indian Wells Printed on 5/13/2022Page 1 of 2
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File #:RES-028-22 Item #:B.

Annual
Maximum Levy Prior Year Proposed Increase
Zone Description Allowed per EDU Levy per EDU Levy per EDU (Decrease) A1 Eldorado $ 220.39 $ 106.45 $ 123.86 $ 17.41 A2 Montecito/Stardust $ 463.64 $ 438.91 $ 440.18 $ 1.27 A3 Casa Dorado (A Pass-through District) $ 212.88 $ 206.21 $ 212.42 $ 6.21 A5B The Cove (A Pass-through District) $ 330.00 $ 320.14 $ 322.34 $ 2.20 A8 Indian Wells Golf Resort $ 635.09 $ 578.72 $ 634.60 $ 55.88 A11A Hwy. 111 & Club Drive $ 307.73 $ 148.89 $ 172.82 $ 23.93 A11C Club Drive $ 199.69 $ 192.87 $ 198.80 $ 5.93 C The Colony $ 3,810.77 $ 928.91 $ 985.16 $ 56.25 D Colony Cove Estates $ 10,955.69 $ 918.18 $ 969.63 $ 51.45 E Desert Horizons (A Pass-through District) $ 725.38 $ 703.05 $ 725.38 $ 22.33 A19 Mountain Gate $ 1,163.28 $ 776.00 $ 815.00 $ 39.00 A20 Mountain Gate Estates $ 1,131.59 $ 835.71 $ 867.86 $ 32.15 A21 Villagio $ 2,380.99 $ 1,090.71 $ 1,106.38 $ 15.67 A22 Vaidya $ 895.14 $ 373.08 $ 415.38 $ 42.30 A23 Montelena $ 1,278.86 $ 1,020.83 $ 1,069.44 $ 48.61 A25 Sundance (A Pass-through District) $ 1,400.92 $ 1,050.00 $ 1,094.44 $ 44.44 A26 Province (A Pass-through District) $ 1,469.50 $ 1,426.69 $ 1,468.80 $ 42.11 The total cost to operate the districts during Fiscal Year 2022-23 is $1,777,070. The City provides $135,735 in administrative and field support to all seventeen Districts. These costs are paid by the City and are not reflected in the calculation of the annual levy. In addition, the City pays a total of $102,398 to eight landscape districts that provide a general benefit to the City.

District reserves contribute $92,050 and the remaining $1,446,887 of the costs to operate the landscape and lighting maintenance districts is collected from property owners living within the districts.

ATTACHMENT:

1. Resolution No. 2022-26
City of Indian Wells Printed on 5/13/2022Page 2 of 2
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RESOLUTION NO. 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, AMENDING AND/OR APPROVING THE

FINAL ANNUAL LEVY REPORT SETTING FORTH LANDSCAPE AND
LIGHTING DISTRICT NO. 91-1 FOR FISCAL YEAR 2022-23 AND

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

RELATED THERETO
WHEREAS, the City Council of the City of Indian Wells, California (the “City Council”) has by previous resolutions ordered the preparation of the Engineer’s Annual Levy Report (the “Report”) for said district known and designated as:

Indian Wells Landscape and Lighting District No. 91-1
(the “District”) pursuant to the provisions of Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”); and
WHEREAS, the Indian Wells Landscape and Lighting District No. 91-1 contains the following Zones: (A1) Eldorado; (A2) Rancho Palmeras Estates APN 634-04; (A3) Tract Nos. 2752, 3097 and 4853; (A5B) a sub-zone within A5A “The Cove”; (A8) three (3) parcels south of Coachella Valley Stormwater Channel along Hwy 111 east of Eldorado Drive; (A11A) Highway 111 South at Club Dr.; (A11C) Club Dr. eight (8) parcels; (D) Parcel Map No. 26494; (C) the Colony; (E) north of Highway 111 west of Eldorado Drive, east of Cook Street and south of Whitewater River Channel; (A19) Mountain Gate Tract No. 26595; (A20) Mountain Gate Tract No. 27747-1; (A21) Villagio Tract No. 29502; (A22) Vaidya Tract No. 27747; (A23) Montelena Tract No. 31200, (A25) Sundance Tract No. 27104, (A26) Province Tract No. 32880; and WHEREAS, there has now been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act and as previously directed by resolution; and
WHEREAS, the proposed District assessments to be levied for Fiscal Year 2022- 23, do not exceed the amount approved by the property owners and adopted by the City Council and are therefore in compliance with the provisions of California Constitution Article and XIIID; and
WHEREAS, this City Council has examined and reviewed the Report as presented (or amended) and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed as set forth in said Report; and
ATTACHMENT #1
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City of Indian Wells
Resolution No. 2022-26