Agenda — Indian Wells City Council, June 2, 2022 (part 1 of 3)

City Council
Meeting Agenda
Thursday, June 2, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
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. 1 City Council Meeting Agenda
June 2, 2022

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 RICHARD BALOCCO

2. APPROVAL OF THE FINAL AGENDA

3. COUNCIL VACANCY INTERVIEWS AND APPOINTMENT
A. 103-22 Appointment to Fill City Council Vacancy
RECOMMENDED ACTION:

Council INTERVIEWS interested candidates to temporarily fill the Council vacancy until the 2022 Special Election; and
APPOINTS a qualified person to fill the vacancy effective June 2, 2022; and ADOPTS Resolution No. 2022-33 authorizing to fill vacancy on the City Council by appointment pursuant to Government Code 3612.

Attachments:

Applications
Resolution No. 2022-33
B. 105-22 Appointed Council Member Oath of Office

4. PROCLAMATIONS AND PRESENTATIONS
A. 104-22
B. 092-22
C. 107-22
Proclamation Recognizing Lorne Froats 100th
Birthday
Introduction of Indian Wells City Staff Carmin Torres
and Jesse Jimenez
Energy Efficient Project Update by SitelogIQ
Representative Josh Steeber

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June 2, 2022

5. 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, comments will be 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 until such time as the matter may appear on the forthcoming agenda.

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

7. CITY ATTORNEY REPORTS AND COMMENTS

8. 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.

A. ORD-014-22
Ordinance Amending Chapter 21.80 of the Municipal
Code Regarding Accessory Dwelling Units and Junior
Accessory Dwelling Units and Finding the Action to be
Exempt from CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, amending Chapter 21.80 of the Municipal Code regarding accessory dwelling units and junior dwelling units and finding the action to be exempt from CEQA.

Attachments:

Ordinance No. 738

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June 2, 2022
B. ORD-015-22
Ordinance Adding Sections 20.72.070 and 21.20.015
to the City of Indian Wells Municipal Code Relating to
Urban Lot Splits and Two -Unit Projects and Finding
the Action to be Exempt from CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, 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 be except from CEQA.

Attachments: Ordinance No. 739
C. ORD-016-22
Ordinance Replacing Chapter 8.16 of the Municipal
Code Regarding Trees and Shrubs and Finding the
Action to be Exempt from CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, replacing Chapter 8.16 of the Municipal Code regarding trees and shrubs and finding the action to be except from CEQA.

Attachments:

D. ORD-017-22
Ordinance No. 740
Ordinance Adding Section 12.03 to the Municipal
Code to Establish a Pavement Cut Moratorium and
Finding the Action to be Exempt from CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, adding section 12.03 to the Municipal Code to establish a pavement cut moratorium and finding the action to be except from CEQA.

Attachments:

Ordinance No. 741

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June 2, 2022
E. ORD-018-22
Ordinance Amending Code Sections 21.06.100 and

21.10.030 to Streamline Public Hearing Notice
Procedure for Development and Zoning Matters and
Finding and Finding the Action to be Exempt from
CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, amending the Municipal Code sections 21.06.100 and 21.10.030 to streamline public hearing notice procedure for development and zoning matters and finding the action to be except from CEQA.

Attachments:

F. ORD-019-22
Ordinance No. 742
Ordinance Adding Section 1.16.030 to the Municipal
Code to Address Application -Processing and Code
Violations and Finding the Action to be Exempt from
CEQA
RECOMMENDED ACTION:

Council ADOPTS Ordinance by title only and waives further reading, adding section 1.16.030 to the Municipal Code to address application -processing and code violations and finding the action to be except from CEQA.

Attachments: Ordinance No. 743
G. 093-22
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.

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June 2, 2022
H. 094-22 Voting Delegate to Annual League Conference in Long Beach
RECOMMENDED ACTION:

Council DESIGNATES Mayor Dana Reed as the Voting Delegate for the City of Indian Wells at the 2022 League of California Cities Annual Conference held on September 7-9, 2022, in Long Beach.

I. 106-22 Resolution in Support of Ocean Water Import for the Salton Sea
RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-34 declaring the City Council's continued support for a comprehensive analysis of all water import alternatives as part of the long-term solution for the Salton Sea.

Attachments: Resolution No. 2022-34
1 095-22 Annual Appointments to Commission, Committees, and Boards
RECOMMENDED ACTIONS:

The Interview Ad Hoc Committees recommends the Council APPOINTS the following residents to serve on the various City Commissions, Committees, and Boards as outlined in this report commencing on July 1, 2021.

K. 096-22 City Council Golf Resort Ad -Hoc Committee
RECOMMENDED ACTION:

Council AUTHORIZES the formation of a Golf Resort Ad -Hoc Committee comprised of Mayor Pro Tem Griffith and Councilmember Sanders.

L. 108-22 Professional Auditing Services Contract
RECOMMENDATION ACTION:

Council APPROVES five-year contract with Davis Farr for Professional Auditing Services.

Attachments:

Agreement

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City Council Meeting Agenda
June 2, 2022
M. 109-22 City's Appropriation Limitation for Fiscal Year 2022-23
RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-30 establishing of the City's Appropriations Limitation for Fiscal Year 2022-23.

Attachments:

Resolution 2022-30
Price Factor and Population Information
N. 098-22 Supplemental Appropriation for Sidewalk
Construction along Indian Wells Lane
RECOMMENDED ACTION:

Council APPROVES supplemental appropriation for $20,500 for the Indian Wells Lane Sidewalk Improvement Project; and
AUTHORIZES the City Manager, or designee, to transfer funds into the appropriate account.

9. 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.

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June 2, 2022
A. 099-22
Residential and Commercial Rates for Refuse
Collection and Recycling Services and Annual Levy of
Residential Parcels
RECOMMENDED ACTIONS:

Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and APPROVES the annual levy of residential parcels for refuse collection and recycling services; and ADOPTS Resolution No. 2022-32 ordering the levy and collection of fees for refuse collection and recycling services from residential and commercial properties within the City pursuant to Indian Wells Municipal Code section 8.04.190.

Attachments:

Resolution No. 2022-32
Rubbish Rates Schedules
B. 100-22 City Developer Fee Updates
RECOMMENDED ACTIONS:

Finance Committee recommends Council AMENDS the City's Developer Fees as presented in the Development Impact Fee Nexus Study.

Attachments: Impact Fee Nexus Study
DVBA Letter of support

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June 2, 2022
C. 101-22
Resolution Recommending Approval of General Plan
Amendment No. 2022-01 for Adoption of the
2021-2029 Housing Element, and Finding the Action
to be Exempt under the California Environmental
Quality Act (CEQA)
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
ADOPTS Resolution No. 2022-31, approving General Plan Amendment No. 2022-01 for the 6th Cycle 2021-2029 Housing Element; and
FINDS the action exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines.

Attachments:

Resolution 2022-31
Draft 2021-2029 Housing Element

10. 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.

A. 102-22 Supplemental Appropriation for Indian Wells Holiday Experience
RECOMMENDED ACTIONS:

Council DISCUSSES and DIRECTS staff regarding Indian Wells Holiday experience; and AUTHORIZES to finalize the Indian Wells Holiday experience; and APPROVES a supplemental appropriation of the Indian Wells Holiday experience in the amount of $70,000.

Attachments:

Decor Examples

11. 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.

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June 2, 2022
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 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
C. 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
D. 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

12. ADJOURNMENT
To a special meeting of the City Council to be held at 1:30 p.m.on June 8, 2022 in the City Hall Council Chamber.

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10 City Council Meeting Agenda
June 2, 2022
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 27, 2022, I caused to be posted a notice of a City Council Meeting to be held on June 2, 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]
04)**) ado
Angelica Avila, CMC
City Clerk

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City Council Meeting Agenda
June 2, 2022

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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 103-22 Item #: A.

Indian Wells City Council
Staff Report -City Clerk/Attorney
June 2, 2022
Appointment to Fill City Council Vacancy
RECOMMENDED ACTION:

Council I NTERVI EWS interested candidates to temporarily fill the Council vacancy until the 2022 Special Election; and
APPOI NTS a qualified person to fill the vacancy effective June 2, 2022; and ADOPTS Resolution No. 2022-33 authorizing to fill vacancy on the City Council by appointment pursuant to Government Code 3612.

DI SCUSSI ON:

At the April Council meeting, City Council Member Kimberly Muzik tendered her written resignation to the City Clerk's Office, effective May 31, 2022.

The City of Indian Wells follows state law regarding filling City Council vacancies. California Government Code Section 36512 outlines the guidelines and process to fill a vacancy. Within 60 days of the occurrence of the vacancy, the Council shall either fill the vacancy by appointment, or call a special election. If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified.

At its May 19, 2022, Meeting, the City Council acted to fill the vacancy by appointment to serve until the special election, which has been consolidated with the November 8, 2022, general municipal election. Following the meeting, Staff solicited applications by advertising the Council vacancy on the City's website and email notifications delivered to the Community. The City received 11 applications of interested residents to fill the vacancy (Attachment 1). The appointment will be effective June 2, 2022, following the interview of the candidates.

City of Indian Wells

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pow1e3y Legistar

File #: 103-22 Item #: A.

ATTACH M EN TS:

1. Applications

2. Resolution No. 2022-33
City of Indian Wells

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pow[ediy Leg 'star

ATTACHMENT #1
City of Ind ian Wells
2022 City Council Applications
15 City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells City Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the Qty of Indian Wells. City Council experience is desired.

Fl NANCI AL I NTERESTS & ETHI CS TRAI NI NG: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the City aerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the aty during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

GENERAL I NFORMATI ON REGARDI NG THE POSI TI ON: Regular meetings of the Qty Council are held on the first and third Thursdays of each month at 1:30 p.m. Additional meetings may be called as necessary. In addition to regular Council business, the individual selected must be available to actively participate as a Council liaison to numerous external agencies and organizations.

The aty of Indian Wells operates under a council-manager form of government. The five City Council Members are elected to four years terms. The aty Council is the legislative body responsible for the overall policies of the aty. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the City's budget.

1. Full Name:

Rob Bernheimer

2. Full Address:

Indian Wells CA 92210

3. Phone:

4. Email:

5. Are you a registered I ndian Wells voter?
Yes
16 6. Have you served on a city council before?
Yes
If yes, which city and when?
Indian Wells - Summer, 2000 - December 2008
Position(s):

Council Member; Mayor, 2003 & 2007; Planning Commission, 1999-2000; Architecture & Landscape Committee, 1999; 30th Anniversary Celebration Committee, 1997 The City Council will interview candidates on Thursday, June 2, 2022, in the City Council Chamber located at 44950 Ddorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The Qty Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Once the City Council has completed its questioning of a candidate, he/she may take a seat in the City Council Chambers until the conclusion of the proceedings. Once all applicants have been interviewed, the Council may entertain a motion to vote to appoint a candidate that same day. If appointed, the appointed council member will be sworn in and take office at the June 2 meeting.

Please Attach Resume and/or a
qualification statement. Bernheimer
Statement of Qualifications.pdf
17 May 21, 2022
Phone
Hon. Dana Reed, Mayor
Hon. Donna Griffith, Mayor Pro Tem
Hon. Greg Sanders, Council Member
Hon. Richard Balocco, Council Member
Re: City Council Appointment — Statement of Qualifications - Indian Wells, CA 92210
Dear Mayor Reed, Mayor Pro Tem Griffith and Council Members Sanders & Balocco:

I first served the City of Indian Wells 25 years ago when I volunteered in 1997 for the City's 30th anniversary celebration committee. I then served on the Architecture & Landscape Committee and the Planning Commission. In the summer of 2000, I was appointed to the City Council, where I served for 8 1/2 years, including two terms as Mayor in 2003 and 2007. As with all Council Members, I served on numerous internal City committees and regional boards. My profession as an attorney for nearly 30 years has always focused on local government and land use issues.

From becoming an Eagle Scout as a teen to serving on scores of charity and community organizations, I have valued public and community service throughout my life. Serving the City of Indian Wells for so many years was a tremendous honor and a highlight of my life. Since I am no longer in a position in my life to serve the City on an ongoing basis, I thought my service to the City was behind me. The gap on Council for the next six months until a replacement for Council Member Muzik is elected creates an opportunity for me to volunteer once again to serve.

My home and law practice are anchored in Indian Wells, where I am registered to vote. Since marrying a Canadian citizen two years ago, I now work remotely many months a year (although my wife also owns a home in Indian Wells, which is how we met). Because of our transitory lifestyle, I cannot practically and will not run for a term on the City Council. However, I can and will commit to fully serve the City for six months if appointed to the Council. My experience allows me to step in and seamlessly integrate into the Council with very little ramp -up time.

I am here to help and serve the City and would be honored to once again serve on the City Council.

Cordially,
obert A. Bernheimer
18 City Council Vacancy Application
VACANCY: The Qty of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells City Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the aty of Indian Wells. Qty Council experience is desired.

Fl NANCI AL I NTERESTS & ETHI CS TRAI NI NG: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the City Clerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record immediately. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

GENERAL I NFORMATI ON REGARD! NG THE POST TI ON: Regular meetings of the City Council are held on the first and third Thursdays of each month at 1:30 p.m. Additional meetings may be called as necessary. In addition to regular Council business, the individual selected must be available to actively participate as a Council liaison to numerous external agencies and organizations.

The City of Indian Wells operates under a council-manager form of government. The five Qty Council Members are elected to four years terms. The aty Council is the legislative body responsible for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the Qty will obtain and spend funds and approves the Qty's budget.

1. Full Name:

Robert Berriman

2. Full Address:

Indian Wells CA 92210

3. Phone:

4. Email:

5. Are you a registered I ndian Wells voter?
Yes
19 6. Have you served on a city council before?
No
If yes, which city and when?
**SKIPPED**
Position(s):
**SKIPPED**
The City Council will interview candidates on Thursday, June 2, 2022, in the aty Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The City Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Once the Qty Council has completed its questioning of a candidate, he/she may take a seat in the aty Council Chambers until the conclusion of the proceedings. Once all applicants have been interviewed, the Council may entertain a motion to vote to appoint a candidate that same day. If appointed, the appointed council member will be sworn in and take office at the June 2 meeting.

Please Attach Resume and/or a
qualification statement. IW aty
Council Berriman Resume.docx
20 Robert Gerard Berriman
Indian Wells, CA 92210
Position:

Related &
Volunteer
Experience
Work
Experience:

Consideration for the 2022 Appointed City Council Vacancy, City of Indian Wells, CA
(Current Volunteer) Friends of the Desert Mountains Land Monitoring, Youth Programs, Nightingale Cabin, and Santa Rosa Mountain Historian (Prior City of Indian Wells Appointments/Volunteer) Palm Springs International Airport Commissioner (Two Terms). Grants in Aid Committee (Two Terms) Desert Bermuda Development Company, Bermuda Dunes Airport (UDD) Executive Manager (2015-2018). Overall management of a privately owned, public use airport serving the Coachella Valley. Responsibilities included all Federal Regulatory Requirements, Personal Management, Tenant/Business Relations, and Fixed Base Operations. Recurring Airport Topical/Agenda Speaker at the Bermuda Dunes Community Council.

US Department of Homeland Security (2002-2014)
Deputy Assistant Federal Security Director for Inspections (GS -14, Retired) Multi -Year Federal Employment covering Commercial Air Transportation, General Aviation, Passenger Rail Transportation, Local Law Enforcement Liaison, and programs related to the Circumvention of Security Measures.

Highlights Included:
• Full -Time Lead Instructor for Aviation Programs - Federal Law Enforcement Training Center, Glynco, GA
• Supervisory Transportation Security Inspector — Commercial & General Aviation, Air Cargo & Explosive Detection Canine Programs • 2012 San Diego International Airport Joint Vulnerability Assessment Senior Team Leader
• 2010-2013 Performance Rating: Achieved Excellence
• 2010 TSA National Inspector of the Year - Honorary Award • 2009 TSA San Diego Leadership Award
• Two Years —Liaison, Inland Empire FBI Joint Terrorism Task Force • One Year - Liaison, San Diego DHS/FBI Joint Fusion Center • Recurring FAA Guest Speaker — San Diego Flight Standards District Office, Instruction for Flight Training Providers
• AAAE - Airport Safety & Operations Specialist Trained (Certificate) 21 As the San Diego Supervisory Inspector, I coordinated all Civil Penalty and Enforcement Action activity relevant to the Aircraft Operators Standard Security Program and the Airport Security Program at a large Category 1 International Airport. I was directly responsible for twelve subordinate inspectors in three functional modes (Aviation, Cargo, and Explosive Detection Canine Programs).

Additionally, I was the team lead for airport Counter -Surveillance, Counter - Terrorism Operations consisting of two inspectors and up to five Federal Air Marshals during Marine Corps troop movements to the Marine Corps Recruit Depot and Camp Pendleton. We provided visible uniformed and under cover surveillance operations at the largest/busiest domestic Airport USO. I work directly with Marine Corps West and US Navy NCIS Agents in support of the large number of military members transiting the greater San Diego Area.

Under a local DHS agreement I was assigned to the Inland Empire Joint Terrorism Task Force (JTTF) and later the San Diego DHS Fusion Center with membership in the Regional Terrorism Threat Assessment Center. I networked with and participated in coordinating all inter -modal transportation security issues. I built alliances with local Law Enforcement Agencies, Railroad Police, Border and Transportation Security Federal Agencies, the General Aviation Community, and the FBI in Southern California.

Public Service Background Investigations, Roseville, CA United States 08/1998 - 03/2002, (Sold Business to enter Federal Service post 911) Owner, Lead Investigator
Municipal Human Resource based oversight and coordination of California Peace Officers Standards and Training Commission (POST) compliant Public Service Background Investigations for three City Police Agencies and two County Emergency Communications Centers, which included Monterey County, Santa Cruz County and the cities of Roseville, Rocklin, and Lincoln. As an Instrument Rated Private Pilot, I utilized General Aviation Aircraft to access client agencies.

CALIFORNIA HIGHWAY PATROL (Retired)
Sacramento, CA United States
05/1978 - 12/1998, Law Enforcement Officer — Patrol, Investigations, Academy Instructor Aviation Flight Officer
Full-time California Advanced Peace Officer: During my career with the California Highway Patrol (CHP) I was responsible for the operations and management of various programs at the Headquarters and Division level. I gained significant experience as a member of the Academy Instruction Staff and Training Development Unit. I coordinated the efforts of a multi -officer Division Drug Interdiction Task Force. My last assignment before retirement was in Aviation Operations (Flight Officer) routinely patrolling transportation assets (highways, rail, and water/energy infrastructure) by air in thirteen California counties.

Utilizing my instructional training at the CHP Academy and my membership in the Airborne Law Enforcement Association (ALEA) I was designated a subject 22 matter expert, published curriculum, and provided National Training in Fixed - Wing Operations and Aerial Nighttime Surveillance Techniques — "Vehicle Headlight Recognition Utilizing Distinctive Patterns".

Education: California Highway Patrol Academy West Sacramento, CA, United States Bachelor's Degree 08/1997
Major: Criminal Justice
Relevant Coursework, Licenses and Certifications:

I received permanent Educational Pay Incentive for Bachelor's Degree, (Criminal Justice) equivalency. This was accomplished through the California Highway Patrol Academy upon completion of college unit requirements and attainment of the Peace Officer's Advanced Officer Certificate.

Job Related Explosive Detection Canine Training, Lackland AFB - April 2012 Training: OGS Foreign Airport Assessment Training Course - September 2010 AAAE - Airport Safety & Operations Specialist - August 2010 OSO Instructor Development Workshop/Inspector - OJT Provider May 2009 U.S. Coast Guard, Gulf Strike Team FEMA Incident Command - March 2007 TSA Aviation Security Inspector Basic Course - January 2006 FEMA National Incident Management System (NIMS) - April 2005 Weapons of Mass Destruction, Threat and Risk Assessment - October 2004 Additional
Information:

Roseville CA Chamber of Commerce, Entrepreneur of the Year Roseville CA Chamber of Commerce — Leadership 2000 Program 1998 - Big Brothers, Big Sisters of Sacramento, Citizen of the Year 1992 - FAA, Single Engine Airplane Pilot with Instrument Rating 23 City Council Vacancy Application
VACANCY: The Qty of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells City Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the City of Indian Wells. City Council experience is desired.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

GENERAL I NFORMATI ON REGARD! NG THE POSI TI ON: Regular meetings of the City Council are held on the first and third Thursdays of each month at 1:30 p.m. Additional meetings may be called as necessary. In addition to regular Council business, the individual selected must be available to actively participate as a Council liaison to numerous external agencies and organizations.

The City of Indian Wells operates under a council-manager form of government. The five City Council Members are elected to four years terms. The City Council is the legislative body responsible for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the Qty will obtain and spend funds and approves the Qty's budget.

1. Full Name:

Thomas Boragno

2. Full Address:

Indian Wells Ca 92210

3. Phone:
24 4. Email:

5. Are you a registered Indian Wells voter?
Yes

6. Have you served on a city council before?
No
If yes, which city and when?
**SKIPPED**
Position(s):
**SKIPPED**
The City Council will interview candidates on Thursday, June 2, 2022, in the City Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The City Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Once the City Council has completed its questioning of a candidate, he/she may take a seat in the Qty Council Chambers until the conclusion of the proceedings. Once all applicants have been interviewed, the Council may entertain a motion to vote to appoint a candidate that same day. If appointed, the appointed council member will be sworn in and take office at the June 2 meeting.

Please Attach Resume and/or a
qualification statement. Tom
Boragno CV.docx
25 Thomas Alan Boragno, Pharm D
Indian Wells, Calif 92210

EXECUTI VE PRCFI LE
High performing Pharmacist owner with over 40 years of healthcare experience. In depth knowledge of healthcare operations at all levels. Demonstrated proficiency in staffing, training and development, budgeting, site acquisition, lease negotiation, retail pricing, prescription trends and third party reimbursement.

CCRE ACCCIVPL I SI-VENTS
Controlled Substance Industry Consultant
Board of Directors of Independent Pharmacy Cooperative 1999-2011 *Determined policy and direction of 3,000 independent pharmacies in North America which included wholesaler supply agreement negotiations, Rx and OTC warehouse capabilities and affiliate group relations Co-owner of 3 successful retail pharmacies in Newport Beach, Irvine and Monarch Beach, California

PRCFESSI CNAL EXPERI ENCE
DEA Audit Group, Consultant
IPC Regional Director of Pharmacy Services
February 2020 -- Present
September 2015 — July 2019
Pharmaceutical Industry Consultant January 2014 — August 2015 *Performed pharmacy prescription dispensing data analysis, pharmacy site visits including mock DEA audits CDM Drugs/Medi-Rx Pharmacy
Corona del Mar, Calif 92625
*Pharmacist
Newport Beach Police Department
*Volunteer
Boragno Enterprises, Inc.

Newport Beach, Calif 92660
*Pharmacist and co-owner of retail pharmacies in Orange County, California September 2010 — Present
September 2009 — Present
September 1980 -August 2010

EDUCAI TCN
University of Wisconsin
Madison, Wisconsin
*Community Pharmacy Management Program
University of the Pacific
Stockton, California
*Pharm D, Doctorate of Pharmacy
June 1994
May 1980

REFERENCES
26 Available on request
27 City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells Qty Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the aty of Indian Wells. Qty Council experience is desired.

Fl NANCI AL I NTERESTS & ETHI CS TRAI NI NG: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the City Clerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

The Oty of Indian Wells operates under a council-manager form of government. The five aty Council Members are elected to four years terms. The City Council is the legislative body responsible for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the Qty's budget.

1. Full Name:
wallace doyna

2. Full Address:
indianwells CA 92210

3. Phone:
28 4. Email:

5. Are you a registered Indian Wells voter?
Yes

6. Have you served on a city council before?
No
If yes, which city and when?
**SKIPPED**
Position(s):
**SKIPPED**
The City Council will interview candidates on Thursday, June 2, 2022, in the aty Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Please Attach Resume and/or a
qualification statement. wallace
resume.docx
29 Wallace Doyna
Professional Experience:

District Manager Commack Fire District 1/1/1997-6/2018
Skilled in all aspects of Managing Fire District.

Budgeting,personal,procurement of goods.

Fire House Attendant 1/3/1983-1/1/1997 Commack Fire District.

Member of Commack Fire Department 3/1/1973 to12/31/2019 Past President Commack Fire Department
Benevolent Trustee for Commack Fire District
Treasurer Suffolk County Fire District Managers Association Orthopedic Technician:

St. Johns Hospital 2/4/1976-1/1/1983
Smithtown N.Y
Certified in working with Orthopedic Patient Care.

Responsible for ordering supplies and setting up traction device.

Assisting in operating room with Orthopedic surgery.
30 Additional Skills and training:

CPR certified
Management training Association of Public Communication Officers.

Member of Fire District Incident Command and APCO
Member of Suffolk County District Managers Association.

Education:

Association of Professional Communication Officers Management classes Commack High School Graduate 6/1972
Basic Fire Fighting Training 1973
Various Training in OSHA
Fire District management courses.
31 City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells City Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the City of Indian Wells. City Council experience is desired.

Fl NANCI AL I NTERESTS & ETHI CS TRAI NI NG: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the City Clerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

The City of Indian Wells operates under a council-manager form of government. The five City Council Members are elected to four years terms. The City Council is the legislative body responsible for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the City's budget.

1. Full Name:

Claudine Avery Gaudencio

2. Full Address:

Indian Wells CA 92210

3. Phone:
32 4. Email:

5. Are you a registered Indian Wells voter?
Yes

6. Have you served on a city council before?
No
If yes, which city and when?
Indian Wells
Position(s):
**SKIPPED**
The aty Council will interview candidates on Thursday, June 2, 2022, in the aty Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The aty Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Once the aty Council has completed its questioning of a candidate, he/she may take a seat in the aty Council Chambers until the conclusion of the proceedings. Once all applicants have been interviewed, the Council may entertain a motion to vote to appoint a candidate that same day. If appointed, the appointed council member will be sworn in and take office at the June 2 meeting.

Please Attach Resume and/or a
qualification statement. LVN
Resume. pdf
33 Claudine Avery Gaudencio
Objective
Seeking a position as nurse LVN in a reputed health care environment where I can apply my knowledge, abilities and experience to perform the satisfactory duties of nurse LVN. Personal Summary: Ability to work competently without constant instruction from others.

Ability Summary
Efficient LVN with 1 year of experience providing excellent patient care in a busy hospital.

Seeking to help maintain and elevate the quality of care at University of California San diego, Jacobs Medical center Hospital. At UCSD, provided care to 10 patients per day in a 36 -bed hospital ward.

Employment History
03/2016 - 09/2020 Nurse Assistant
University of California San Diego, La Jolla, CA
The duties for a CNA (certified nursing assistant) include providing basic patient care, such as assistance with bathing and dressing. Additional CNA duties include taking a patient's vital signs; keeping rooms clean; setting up medical equipment; and answering calls for help from a patient. 07/2015 - 11/2019 Nurse Aide
Scripps Mother and Babies, La Jolla, CA
The duties for a CNA (certified nursing assistant) include providing basic patient care, such as assistance with bathing and dressing. Additional CNA duties include taking a patient's vital signs; keeping rooms clean; setting up medical equipment; and answering calls for help from a patient. 02/2014 - 06/2015 Nurse Assistant, Secretary
Care Meridian Rehabilitation, San Diego, CA
The duties for a CNA (certified nursing assistant) include providing basic patient care, such as assistance with bathing and dressing. Additional CNA duties include taking a patient's vital signs; keeping rooms clean; setting up medical equipment; and answering calls for help from a patient. 10/2008 - 11/2012 Nurse Assistant
Sharp Health Care, San Diego, CA
The duties for a CNA (certified nursing assistant) include providing basic patient care, such as assistance with bathing and dressing. Additional CNA duties include taking a patient's vital signs; keeping rooms clean; setting up medical equipment; and answering calls for help from a patient. 02/2006 - 04/2008 Nurse Assistant
Grossmont Healthcare District, La Mesa, CA
The duties for a CNA (certified nursing assistant) include providing basic patient care, such as assistance with bathing and dressing. Additional CNA duties include taking a patient's vital signs; keeping rooms clean; setting up medical equipment; and answering calls for help from a patient. 34 01/2005 - 04/2006 Nurse Assistant
Richard J. Donovan Correctional Facility, San Diego, CA The duties for a CNA (certified nursing assistant) include providing basic patient care, such as assistance with bathing and dressing. Additional CNA duties include taking a patient's vital signs; keeping rooms clean; setting up medical equipment; and answering calls for help from a
patient. Your responsibilities typically include helping with self -care tasks, such as feeding and dressing, taking vital signs, and documenting the inmate's history as their primary caregiver. You work under the supervision of an RN.

Education History

NURSING
Associate's Degree
CaIJOBS Education, Fullerton, CA
License Vocational Nurse
Vocational School Certificate
CaIJOBS Education, Fullerton, CA
Honors and Activities

ADMINISTRATION,CUSTOMER SERVICE,HUMAN

RESOURSES,MANAGEMENT,SUPERVISOR
Additional Information
Seeking a Management and Human Resourses position utilizing my proven Knowledge and successful experience in the hotel or any type industry.

Detailed References
References Available on Request
Additional Employer Searchable Items
Desired Occupation
Nursing Assistants
Desired Salary
$43.50 hourly (Approx $90,000 annually) or more
Desired Job Location
San Diego County
Desired Job Type
Days : Tue, Wed, Thu
Shifts : Day
Employment Type : Regular
Full or Part Time : Any
Willing to Travel : No
Willing to Relocate : No
Willing to Telecommute : No
Drivers License
35 Regular Drivers License
Security Clearance
No Clearance
Job Skills
25 skill(s)
Tools and Technology
15 Technology
54 Tools
Typing Speed
40 wpm
Language/Proficiency
Portuguese / Very Well
Spanish / Very Well
36 City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells Qty Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the City of Indian Wells. City Council experience is desired.

Fl NANCI AL I NTERESTS & ETHI CS TRAI NI NG: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the aty Clerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

GENERAL I NFORMATI ON REGARDI NG THE POST TI ON: Regular meetings of the Qty Council are held on the first and third Thursdays of each month at 1:30 p.m. Additional meetings may be called as necessary. In addition to regular Council business, the individual selected must be available to actively participate as a Council liaison to numerous external agencies and organizations.

The Qty of Indian Wells operates under a council-manager form of government. The five City Council Members are elected to four years terms. The City Council is the legislative body responsible for the overall policies of the Qty. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the aty will obtain and spend funds and approves the Qty's budget.

1. Full Name:

Genn Greene

2. Full Address:

Indian Wells CA 92210

3. Phone:
37 4. Email:

5. Are you a registered Indian Wells voter?
Yes

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The City Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Please Attach Resume and/or a
qualification statement. Glenn
Greene.pdf
38 Glenn Greene
0 Glenn Greene is a highly accomplished senior executive with more than 30 years of success within warehousing, distribution, logistics, film & DVD production, financial services, public accounting, banking, leasing, advertising, stock trading, and wholesale. He leverages extensive industry experience to analyze companies' opportunities and develop and implement strategic initiatives to move a company forward. His areas of expertise include customer relationship management, financial analysis, SEC compliance, negotiations, due diligence, M&A, forecasts and budgeting, cash flow, sales and marketing, and personnel management.

Currently tenured as President of Bell Canyon Entertainment Group, Glenn leads operations, business development, and corporate strategy initiatives for this company involved in the production and distribution of feature films. Glenn oversees business development and growth through acquisition, organic expansion, and the identification and generation of new revenue streams. He oversees all functions of the company across staff supervision and engagement, client relationship management, sales and marketing, and contract negotiations.

Before his success with Bell Canyon, Glenn served as President & CEO of Bonded Services Inc. from 2006 until the company's sale in 2011. He spearheaded all business operations and business development activity for this privately held multinational company, providing climate controlled and secure archived storage solutions for the media industry. He increased market share and profitability by leading the company's diversification into the additional services of logistics, 3PF, digital production, and general business support, successfully doubling EBITDA in four years. One major accomplishment was winning a game footage storage agreement with the MLB and NHL through the negotiation of a customized business offering to meet the client's specific requirements.

From 1999 to 2006, Glenn held the title of COO & CFO of AIX Media Group. He was responsible for finance, operations, and sales and marketing activity for this digital media company specializing in the design, production and reformatting of interactive DVD discs. Reporting directly to the CEO, he managed a team of ten and led business growth across the fields of web connectivity and e -commerce applications.

Prior to joining AIX, Glenn served as President & CEO of Media Home Entertainment. He was responsible for 210 employees across operations, international & domestic sales, acquisitions, production, manufacturing, marketing, distribution, finance, and accounting. Glenn addressed the failing company's annual losses and implemented solutions to turnaround profitability, ultimately achieving an increase in revenue and a positive cash flow status.

Between 1985 and 1989, Glenn was tenured as Senior Vice President & General Manager with Video Trend Inc. (a division of Chas Levy Company). He was responsible for overall general management in including sales, marketing, purchasing, distribution, warehousing, accounting, finance, budgeting, and administration. Glenn oversaw 250 employees in multiple warehouses and sales locations within eleven major cities across the US.

Glenn's earlier roles comprise of Senior Financial Officer & Treasurer (promoted to the role after consistent progression through the ranks) with Chas Levy Company from 1978 to 1985; Vice President & Controller with Chicago Board Options Exchange (1976-1978); Assistant Controller, Domestic Services and Regional Financial Manager with Booz, Allen & Hamilton (1974-1976); and Senior Tax Specialist with Peat, Marwick, Mitchell from 1972 to 1974.

In addition to his executive career, Glenn has served as Board Member with his Condo Association and Hockey Association, and he is a member of AICPA. A confident public speaker, Glenn has presented at multiple tradeshows and industry events. He served as Instructor on the subjects of Accounting and Management at Harper University and Northeastern Illinois University for 2.5 years. 39
Glenn received his MBA in Finance from the University of Chicago in 1979, and

he attained his BS in Accounting from Indiana University in 1972. He is a Certified Public Accountant.
40 City Council Vacancy Application

Page 1 ends

City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells City Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:0o p.m.

ELGIBILITY: Eligible applicants must be at least 18 years of age and a registered voter in the City of Indian Wells. City Council experience is desired.

FINANCIAL INTERESTS & ETHICS TRAINING: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the City Clerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLIC INFORMATION. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

GENERAL INFORMATION REGARDING THE POSITION: Regular meetings of the City Council are held on the first and third Thursdays of each month at 1:30 p.m. Additional meetings may be called as necessary. In addition to regular Council business, the individual selected must be available to actively participate as a Council liaison to numerous external agencies and organizations.

The City of Indian Wells operates under a council-manager form of government. The five City Council are elected to four years terms. The City Council is the legislative body responsible for the overall policies at the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the City's budget.
41 Full Name
Douglas Hanson
First Name Last Name
Full Address
Street Nwnber and Name
Indian Wells
City
92210
Postal/ZIP Code
'Phone
Email
Are you a registered Indian Wells voter?
• Yes
O No
Have you served on a city council before?
• Yes
O No
If yes, which city and when?
City of Indian Wells 2008-2016
CA
State/Province/Region
170 characters
42 Position(s):
. Council Member, Mayor Pro-Tem, Mayor
164 characters
N=
43 Bio for Douglas Hanson, City Council Vacancy Application Mr. Hanson has over 40 years of extensive entrepreneurial and business experience, principally in three areas: Telecommunications, Broadcasting, and Real Estate. He gained his Real Estate experience with Southern Pacific's Land and Development Company managing Real Estate throughout Southern California.

He used that experience to create the business strategy of burying fiber optic cable along railroad rights -of -way throughout the USA. His idea led to the creation of Qwest Communications Company, a global telecommunications Company. Mr. Hanson served as the company's first CEO and President until he sold his interest when he left in late 1996.

Mr. Hanson returned to the telecommunications industry after a short hiatus acquiring a controlling interest in a publicly traded internet start-up located in Denver, Colorado.

Through his leadership the company went from $4 Million in annual revenues to over $70 Million in 2001. Mr. Hanson liquidated the company in 2002, after which he moved to France for three years to develop Real Estate. Mr. Hanson sold his broadcast interest after moving to Indian Wells in 2005 and reactivated his Real Estate Broker's license, maintaining a Real Estate office on Cook Street, in Palm Desert.

Throughout his career Mr. Hanson has been active in community, business and non- profit organizations serving on numerous boards and commissions including Colorado Commission on Science and Technology, Metro State College of Denver, World Affairs Council, The Salvation Army, Competitive Telecommunications Association and the Indian Wells City Council.

Mr. Hanson was born in 1943 in a small coal mining camp in West Virginia. Upon graduation from High School, he enlisted in the U.S. Navy, being honorably discharged in 1964 shortly after the onset of the Viet Nam war. After a brief stay in West Virginia, he moved to California attending California State University and Glendale College majoring in Business/Real Estate, while at the same time working for Southern Pacific.

Mr. Hanson and his wife Elena live in the Rancho Palmeras area of Indian Wells. They have five Children and three grandchildren. Their youngest son Matthew grew up in Indian Wells while attending Marywood Palm Valley School in Rancho Mirage and then graduating from USC.
44 City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells Qty Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the Qty of Indian Wells. Qty Council experience is desired.

Fl NANCI AL I NTERESTS & ETHI CS TRAI NI NG: Council Members are required to complete and file a Form 700 Statement of Economic Interests disclosing various financial interests. In addition, members must satisfy the local ethics training requirement mandated by Government Code Sections 53234 et seq.; completion is to be filed with the City Clerk within the first 60 days of appointment. Appointees will be provided with an on-line training resource.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

1. Full Name:

Ted Mertens

2. Full Address:

Indian Wells CA 92210

3. Phone:
45 4. Email:

5. Are you a registered I ndian Wells voter?
Yes

6. Have you served on a city council before?
Yes
If yes, which city and when?
Indian Wells - 2012 through 2020
Position(s):

Mayor, Mayor Pro Tem, Council Member
The Qty Council will interview candidates on Thursday, June 2, 2022, in the City Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The City Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Please Attach Resume and/or a qualification statement.

A brief statement of my qualifications for consideration of the interim appointment to the Indian Wells City Council.

Having served for eight years (2012-2020) as Mayor, Mayor Pro Tem and Council Member, I am quite aware of many of the issues facing the City. I am prepared to further update my knowledge on matters that have arisen since I left the council in December 2020.

I believe that I can readily represent the residents of the City in all matters that may come before the Council during the next six months. I am familiar with city procedures and city staff members which will greatly enhance my effectiveness.

Respectfully,
Ted Mertens
46 for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the City's budget.

Full Name
First Name Last Name
Full Address
Street Number and Name
CL r- z_24
City State/Prouince/Region
Postal/ZIPCode
• Phone
Email
Are you a registered Indian Wells voter?
Yes
O No
47 Have you served on a city council before?
Yes
O No
If yes, which city and when?
S 2 o 2"
200 characters
Position(s):
200 characters
Next
48 Ty PEABODY

EMPLOYMENT HISTORY
Indian Wells City Council.

Consultant to Kahala Corporation nine brand 3,000 plus restaurant company: Responsibilities including concept development, corporate stores including Johnnie's strategic planning and analysis.

President California Fresh Deli —17 restaurants, including 4 Taco Bell, 5 Wall Street Deli, 1 Pizza Hut, 14 Johnnie's New York Italian Restaurants.

President of Paradise Bakery, Inc. — 52 unit chain of bakery cafes (sold to Pancra Bread).

Director of East Coast Bagel.

Director of Good Food Fast.

President and Chief Executive Officer of La Salsa Holding Company — 50 plus unit of quick service, high quality Mexican restaurants.

President and Chief Executive Office of Pioneer Chicken (under the auspices of the Federal Bankruptcy Court) — 300 plus franchise and company owned chain of Los Angeles based fried chicken restaurants (at the time of bankruptcy).

President of Wendy's of San Diego (during financial restructuring of company) - 30 franchise owned stores.

President and Chief Operating Officer of the fast food division of Host International — 225 company owned quick service restaurants.

President and Chief Operating Officer of Swensen's Ice Cream — 256 company and franchise ice cream parlors that also served high quality food products.

Divisional Manager of Federated Department Stores - responsible for restaurants, bakeries, candy departments and lease departments including travel agencies, beauty salons, and repair services.

Franchises of Howard Johnson's and Kentucky Fried Chicken from 1965 —1970.

Involved in numerous consulting projects with emphasis on the development of business plans, reorganization and strategic plans, franchising programs, marketing and operations plans, acquisitions, as well as assisting companies in obtaining financing, either through venture capital or institutional financing:

J.J. North
Miami Subs
Kenny Rogers Roasters
Bonjour Bagel
Numero Uno
California Juice Oasis
N.T.N. Communications
Denny's
East Coast Bagel
Oh-la-lat
C.R.I
Henpecker's
I W. Club
El Polio Loco
Kron Chocolatier
Muffin Oven
Pietro's Pizza
G.F. Equity of the Phil ipines
Carrows
Bullocks
Sizzler Steak House
B.J.'s Pizza
Sonoma Valley Bagel
Aspen Mills
Willie Boy's
Papa Dan's
49 City Council Vacancy Application
VACANCY: The City of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells City Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the Qty of Indian Wells. City Council experience is desired.

PUBLI C I N FORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the Qty during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

The Oty of Indian Wells operates under a council-manager form of government. The five City Council Members are elected to four years terms. The City Council is the legislative body responsible for the overall policies of the City. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the City's budget.

1. Full Name:

Bruce Underwood

2. Full Address:

Indian Wells CA 92210

3. Phone:
50 4. Email:

5. Are you a registered Indian Wells voter?
Yes

6. Have you served on a city council before?
No
If yes, which city and when?
**SKIPPED**
Position(s):

Former Board Member of Desert Recreation District, Former Chairman & Member of the Coachella Valley Mosquito & Vector District Board, Former Resident & Member of the Coachella Valley Public Cemetery The City Council will interview candidates on Thursday, June 2, 2022, in the City Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The City Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Please Attach Resume and/or a qualification statement. CURRICULUM VITAE Dr._BruceUnderwood_( email_ version).docx_FLEOC 239656 672712Candidate_CV.docx 51 CURRICULUM VITAE
DR. BRUCE UNDERWOOD

EDUCATION
Undergraduate Training —
Bachelor of Arts, Major: Wholistic Health of the Person, Interdisciplinary Program Ottawa University, Ottawa, Kansas (1973-1975 and 1976-1978) College Year in Athens, Greece. Karl Menninger Scholarship (1975-1976) Graduate Training —
Master of Science in Education, Specialty: Exercise Physiology University of Kansas, Lawrence, Kansas (1979-1982)
Masters of Public Health: Nutrition
Loma Linda University, Loma Linda, California (1985-1988) Doctor of Public Health, Preventive Care
Loma Linda University, Loma Linda, California (1985-1988)

RESEARCH
Effects of Hyperbaric Oxygen on the Cockroach (Periplaneta Americana) Bruce C. Underwood, Donnal C. Walter, & Stanley R.

Nelson in Comparative & General Pharmacology (1974: Vol. 5, pages 165-167) Masters Research: The Relationship of Life Change to Physiological Indicators of Stress in Elderly Americans. Presented at a Regional Aging Meeting.

Cardiovascular Risk Analysis at Kansas Cardiology Associates, Wichita, Kansas Doctoral Research: Physiological, Metabolic and Anthropometric Variables in Elderly Vegetarians and Omnivores. Two papers in peer reviewed journals.

Dietary Status of Seventh-Day Adventist Vegetarian and Non -vegetarian Women in Journal of the American Dietetic Association (1989: pages 1763-1769)
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DR. BRUCE UNDERWOOD
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RESEARCH (continued)
Hematological, Anthropometric, and Metabolic Comparisons Between Vegetarian and Non -vegetarian Elderly Women in International Journal of Sports Medicine (1989: Vol. 10, No. 4 pages 243-250) The Relationship between Cardiorespiratory Fitness, Physical Activity, and Dietary Quality in International Journal of Sport Nutrition (1994: Vol. 4, 289-298)

CERTIFICATES
Certified Nutrition Specialist by American Board of Nutrition Specialists (#00298) Certified Preventive Care Specialist by the American Board of Preventive Care Specialists (#00669) Certified Instructor for The Breathe -Free Plan to Stop Smoking Certified CPR & Automated External Defibrillator (AED) Instructor, American Red Cross Peer Reviewer for Journal of American College of Nutrition HONORS
Member / Special Advisor — Governors Council of California on Physical Fitness and Sports Reviewer for the Journal of American College of Nutrition Loma Linda University School of Public Health Scholarship for Nutrition & Public Policy Conductor for The Breathe -Free Plan to Stop Smoking
College Year in Athens Scholarship provided in honor of Karl Menninger, M.D. and Robert A. and Betty R. Anderson. (1975- 1976)
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54 CURRICULUM VITAE
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HONORS (continued)
National Scientific Exploration Scholarship as the Winner of the Department of Health and Human Services Office of Gifted and Talented Scholarships and DeWitt Wallace Readers Digest Scholarship at Cape Cod, MS. (1975) Kaw Valley Heart Association Scholarship for summer research and study at The University of Kansas Medical Center in Kansas City, KS. (1973-1974)

CAREER APPOINTMENTS
Vice President (1985 to present)
HEALTHY FUTURES, INC., INDIAN WELLS, CALIFORNIA
This privately owned and operated aging & preventive care organization is dedicated to health risk reduction, fitness, and aging well. Conceptualized, initiated, applied and received funding from the State of California and developed program design and evaluation strategies on Tobacco Control issues in the Palm Springs area. Conceptualized and facilitated a media conference on Native American Use of Tobacco. Initiated, applied and received funding, and developed program design and evaluation strategies for Risk of Heart Disease, Effective Exercise Programs and Diet and Exercise Programs for corporate business groups.

Provide various aspects of consulting, specializing in addictions, aging, fitness, health and nutrition for individuals and organizations throughout the Coachella Valley.

Director of Health & Racquet Club (1996-2003)

THE CLUB AT PGA WEST, LA QUINTA, CALIFORNIA
Oversee the planning and implementation of all aspects of physical and nutritional fitness programs for residents of this multi- million dollar development. Residents are of diverse ages and physical abilities. Emphasis in on developing a routine of regular physical activity and other health -oriented practices. Recommend exercise programs as well as monitoring individuals' progression. Develop on -going interaction with residents and frequently attend various special events, supporting public relations functions. Plan activities of interest to residents including, but not limited to, vacation travel to other PGA locations, most recently to Maui, Hawaii, where my wife and I served as hosts to approximately 20 travelers. Supervise a staff of eleven; emphasize the necessity of serving as positive role models who motivate by example.

BRUCE C.UNDERWOOD, DRPH,MPJ-1,MSE— Page 4 of 8
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CAREER APPOINTMENTS (continued)
Preventive Care Specialist / Consultant (1993-1995)

THE VALLEY WELLNESS AND PREVENTION CENTER
JOHN F. KENNEDY MEMORIAL HOSPITAL, INDIO, CALIFORNIA
Organized and facilitated support groups and implemented comprehensive wellness programs. Assessed and provided counseling on a personal, individualized basis which included areas of addictive behaviors, exercise, nutrition and stress for the prevention and treatment of chronic and degenerative diseases. Assessed, counseled and evaluated cancer, diabetic, hypercholesterolenic, hypertensive and obese patients concerning diet, exercise and health behavior change. Also designed, marketed and recruited for Smoking Cessation Classes, Diet Programs, and Exercise Regimens through Health Risk Reduction for Clients/Patients. Designed Wellness in the Workplace and a Continuing Medical Education program on Tobacco Cessation to be carried out by physicians and health care workers for the public.

Sports Medicine Program Advisor/Director for Masters Program (1992-1994)

CHAPMAN UNIVERSITY, PALM DESERT, CALIFORNIA
Initiated and developed a Masters Degree program in Sports Medicine for the Palm Springs area. Marketed and recruited faculty and graduate students. Counseled, mentored and taught graduate students from their beginning course work through their thesis.

Instructor (1990-1992)

CHAPMAN UNIVERSITY, PALM DESERT, CALIFORNIA
Teach at graduate and undergraduate levels in Sports Medicine.

Executive Director (1989-1992)

HEART INSTITUTE OF THE DESERT FOUNDATION,

AT THE HEART INSTITUTE OF THE DESERT, RANCHO MIRAGE, CALIFORNIA Developed a Multi -level Fund Raising Program; a Founders Club; a $1,000 -a -Year Donation Club; an Associates Group, a Volunteer Group; and an Annual Heart Disease Gala Awareness Program. Received $300,000 in funding of a Center for Aging and Exercise. Conducted a regional campaign against cholesterol with a multimedia (television, print, public speaking seminars and radio) approach. Assisted in Research in developing a mechanical heart, a bridge device.

Assistant Director of Recruitment and Student Affairs (1985-1988)

LOMA LINDA UNIVERSITY, SCHOOL OF PUBLIC HEALTH, LOMA LINDA, CALIFORNIA Responsible for marketing, publicity, public relations and recruitment for the Doctor of Health Science and Doctor of Public Health Programs. Resulted in doubling the number of doctoral students.

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CAREER APPOINTMENTS (continued)
Director of Personal Health Control/Exercise Physiologist (1983-1985) CENTER FOR THE IMPROVEMENT OF HUMAN FUNCTIONING, INC., WICHITA, KANSAS These fitness and outreach programs were integrated with the nutrition, prevention and research components of the Center.

Adjunct Instructor (1982-1985)

FRIENDS UNIVERSITY, WICHITA, KANSAS
Designed and implemented a new health program for the University and the Center which resulted in an additional income for both organizations.

Director of Cardiovascular Risk Analysis Program/Exercise Physiologist (1982-1983)

KANSAS CARDIOLOGY ASSOCIATES, WICHITA, KANSAS
Designed and implemented the cardiovascular program for individuals, organizations and corporations.

PROFESSIONAL SPEAKING EXPERIENCE
Association of Fitness Professionals in Business
Friends University
Frontiers in Christian Living
Loma Linda University
Mechanical Service Contractors Association
Mid -America Congress on Aging Annual Meeting
Mid -West Christian Aerobics Conference 2
New England Life Insurance
Young Presidents Organization
BRUCE C.UNDERWOOD, DRPH,MPJ-1,MSE— Page 6 of 8
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57 CURRICULUM VITAE
DR. BRUCE UNDERWOOD

COMMITTEEE APPOINTMENTS & ELECTED POSITIONS
• Governmental Liaison, American Preventive Care Association. (1992-1996) • Board Member, Smoke Free Travel Council. (1992 to Present) • Board Member, The Valley Partnership — A Coalition of Community Partners to Reduce Use of Alcohol and Drugs. (1995- 2000)
• Board Member, The Regional Access Project / Chair of the Health Committee. (1994-1997) • President, Loma Linda University School of Public Health, Alumni Association. (1993-1994) • Editor, Palm Desert Rotary Club Newsletter. (1992-1993) • Vice President, American Preventive Care Association. (1989-1992) • Western Association of School and Colleges, Evaluation Committee at Loma Linda School of Public Health. (1987-1988) • Academic Affairs Committee of the Board of Trustees, Ottawa University. (1976-1978)

SOCIETY MEMBERSHIPS
• American College of Nutrition
• American College of Sports Medicine
• American Preventive Care Association
• American Public Health Association
• Association for Fitness in Business
• Eta Sigma Gamma -Professional Health Science Honorary • Mid -America Congress on Aging
• National Society of Fund Raising Executives
• Rotary
• The American Nutritionists Association
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DR. BRUCE UNDERWOOD

PUBLIC BOARD APPOINTMENTS
Coachella Valley Recreation and Park District: Board Member, Appointed to a an elected position to fill a vacated position. (2002-2003)
Coachella Valley Mosquito and Vector Control District, Appointed by the City of Indian Wells to serve as a board member starting first term in June 2006. Recently reappointed to my fourth term that ends in December of 2012.

PERSONAL ACHIEVEMENTS
In a career that has spanned twenty-five years of experience and community involvement, with increasing levels of responsibility and leadership, I have earned a reputation for professional competency and personal integrity among colleagues, business owners, clients, students, and community leaders.

Los Angeles Marathon; Boston Marathon; Seattle Marathon, twice, Stockholm Marathon BRUCE C.UNDERWOOD, DRPH,MPJ-1,MSE— Page 8 of 8
Address:
59 City Council Vacancy Application
VACANCY: The Qty of Indian Wells is seeking eligible applicants for appointment to fill the Indian Wells Qty Council seat through the November 8, 2022, election. Applications must include a resume or a qualification statement. Application is due no later than Thursday, May 26, 2022, by 5:00 p.m.

ELGI BI LI TY: Eligible applicants must be at least 18 years of age and a registered voter in the Qty of Indian Wells. City Council experience is desired.

PUBLI C I NFORMATI ON. Becoming an applicant for consideration to fill a city council seat means that information about the applicant contained herein will become a matter of public record. This includes any all documents submitted to the City during the course of the application period. As such, these documents must be available to the public for inspection and copying. However, confidential information of the applicant may be redacted as required by law.

The Qty of Indian Wells operates under a council-manager form of government. The five Qty Council Members are elected to four years terms. The City Council is the legislative body responsible for the overall policies of the Qty. The Council makes all policy determinations through enactment of ordinances and resolutions and has final authority in the implementation of these policies. The Council determines how the City will obtain and spend funds and approves the Qty's budget.

1. Full Name:

Robert Wilson

2. Full Address:

Indian Wells Ca 92210

3. Phone:
60 4. Email:

5. Are you a registered Indian Wells voter?
Yes

6. Have you served on a city council before?
Yes
If yes, which city and when?
Thousand Oaks, Ca 2004
Position(s):

Mayor/councilman
The City Council will interview candidates on Thursday, June 2, 2022, in the City Council Chamber located at 44950 Eldorado Drive, Indian Wells CA., 92210. Applicants will be notified of time.

Each applicant will be given 2 minutes to make a general statement of their qualifications and an opportunity to explain why the candidate believes he or she should be appointed to fill the vacancy. The City Council reserves the right to adjust the amount of time given for opening statements based on the number of applications received. Each Councilmember shall be given the opportunity to pose questions to the candidate.

Please Attach Resume and/or a
qualification statement. indian
wellss council.docx
61 May 25,2022
My name is Robert Wilson and I am applying for the City Council vacancy I was formerly the Mayor and councilman for the city of Thousand Oaks, CA During my tenure there, we accomplished quite a few goals for the city.

First, we always had a balanced budget
We were voted the safest city in the United States
I chaired the golf course committee that brought change to the city owned golf course, we were loosing $250,000 a year but within the first year we were breaking even I chaired the committee to bring Nordstroms to the Thousand Oaks Mall which committed Mace Rich to completely remodel the shopping mall
There were many other accomplishments while I was on the council Prior to the council, I was in the restaurant business, opening in Westlake Village/Thousand Oaks in 1974 The restaurants are still open and doing well today One of the honors I received from the Ventura County Sheriffs department was that I became an honorary deputy sheriff
In conclusion I think I am qualified to assist the city for the next six months I have resided in Indian Wells for the past 10 years and prior to that in Palm Desert 10 years.

Thank you for your time
Robert L Wilson
62 ATTACHMENT #2
RESOLUTI ON NO. 2022-33

A RESOLUTI ON OF THE CI TY COUNCIL OF THE CI TY OF INDIAN

WELLS, CALIFORNIA, FILLING A VACANCY ON THE CI TY COUNCIL BY APPOI NTMENT PURSUANT TO GOVERNMENT CODE 36512
WHEREAS, due to the resignation on May 31, 2022 of Council Member Kimberly Muzik there is a vacancy on the Indian Wells Qty Council; and WHEREAS, California Government Code Section 36512 requires that the Qty Council either fill the vacancy by appointment or call a special election to fill the vacancy within sixty (60) days of the creation of the vacancy; and WHEREAS, the City Council has further determined that it would be in the best interests of the Oty of Indian Wells to fill said vacancy by appointment only until the Special Election is held to elect a successor; and
WHEREAS, the Oty Council conducted interviews of potential candidates on June 2, 2022; and
WHEREAS, meets all of the requirements of the office of Council Member for the City of Indian Wells and has been determined by the City Council to be best suited to fill the vacancy.

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS,

CALI FORNI A, DOES RESOLVE, DECLARE, DETERMI NE AND ORDER AS FOLLOWS:

SECTI ON 1. is hereby appointed to the City Council of the Qty of Indian Wells, and to exercise all the rights and duties thereof until the vacancy is filled through the Special Election to be held on November 8, 2022.

SECTI ON 2. This Resolution is effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the Qty of Indian Wells, California, at a regular meeting held on this 2nd day of June 2022.

DANA REED
MAYOR
63 Qty of Indian Wells
Resolution No. 2022-33

Page 2 ends

CERTI Fl CATI ON FOR RESOLUTI ON NO. 2022-33
I, Angelica Avila, Oty Clerk of the Qty Council of the Qty of Indian Wells, California, DO HEREBY CERTI FY that the whole number of the members of the Oty Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the Oty Council of the Oty of Indian Wells on the 2nd day of June 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY
64 City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 105-22 Item #: B.

Appointed Council Member Oath of Office
City of Indian Wells

Page 1 of 1 ends

po65' Legistar

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 104-22 Item #: A.

Proclamation Recognizing Lorne Froats 100th Birthday
City of Indian Wells

Page 1 of 1 ends

pov06 Legistar

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 092-22 Item #: B.

Introduction of Indian Wells Staff Carmin Torres and Jesse Jimenez City of Indian Wells

Page 1 of 1 ends

pon d' Legistar

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 107-22 Item #: C.

Energy Efficient Project Update by Sitelogl Q Representative Josh Steeber City of Indian Wells

Page 1 of 1 ends

polity Legistar

Sitelog,oirivrPtik74:

Josh Steeber 1 Government Relations
M: 949.432.0689
tU pda t
At Dais -Item #4C Sitelogiq Presentation
,�� sffelogiQ

Overview
On July 25, 2021, the City entered into an Energy
Se rvicesAgreement with StelogiQ
Program focuson Infrastructure Enhancements,
Renewable & Resiliency Strategy, and addressing
the Draught.

Project cumulative saving s is $22M for 30 yea rs or
average of $600k annually for 20 years
sitelogIQ

Progress
To date, all exterior LED lighting has been installed
with 50%of the interior remaining.

Installation delayshasset usback due to redesigns
and supply chain issues(HVAC, Diesel Generator,
and Electrical Material).

Finalized the c ity's req uested red esig ns on the
microgrid at the Indian WellsGolf Resort and solar
at City Hall
sitelogIQ

Next Steps
LED lighting and controlsto be installed June
Solarto be installed at City Hall October
Microgrid to be installed at Indian WellsGolf Resort
September
HVAC to be installed in July with a plan in place
due to hottertemperatures
Diesel Generator has been ordered with a 54 -week
lead.
sitelogIQ

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: ORD-014-22 Item #: A.

Ordinance Amending Chapter 21.80 of the Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units and Finding the Action to be Exempt from CEQA
RECOMMENDED ACTI ON:

City of Indian Wells

Page 1 of 1 ends

po69, Legistar

ORDI NANCE NO. 738

AN ORDINANCE OF THE CI TY OF INDIAN WELLS, CALI FORNI A, AMENDI NG CHAPTER 21 .80 OF THE MUNI CI PAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELL! NG UNI TS AND Fl NDI NG THE ACTI ON TO BE

EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells, California ("City") is a chartered city and municipal corporation duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills ("2019 ADU Laws") that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in September of 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 ("AB 3182"); and WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 ("AB 345"); and WHEREAS, AB 345 requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26.

Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, the City desires to update the Indian Wells Municipal Code ("I WMC') to comply with the 2019 ADU Laws, AB 3182, and AB 345; and WHEREAS, by adopting this Ordinance, it is the City Council's intention to both comply with state law and exercise as much local control as state law allows; and WHEREAS, on April 19, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a 26529.00041 \35023698.2
70 City of Indian Wells
Ordinance No. 738

Page 2 ends

newspaper of general circulation; and
WHEREAS, on April 28, 2022, the Planning Commission held a duly -noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on May 5, 2022 the Qty gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on May 19, 2022, the City Council held a duly -noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS DOES HEREBY ORDAI N AS FOLLOWS:

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

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements the State's ADU law. The City Clerk shall file a notice of exemption within five business days of adoption.

Section 3. General Plan. This Ordinance is, as a matter of law, consistent with the City's General Ran pursuant to Government Code Section 65852.2(a)(1)(C).

Section 4. Code Amendments. Chapter 21.80 of the Indian Wells Municipal Code is hereby amended to read in its entirety as set forth in Exhibit "A," attached hereto and incorporated herein.

Section 5. Effective Date. This Ordinance takes effect 30 days following its adoption.
26529.00041 \35023698.2
71 City of Indian Wells
Ordinance No. 738

Page 3 ends

Section 6. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the Qty Clerk's office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the Qty Clerk.

Section 8. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council and the people of the City of Indian Wells hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 9. Publication; Effective Date. The Qty Clerk shall certify to the adoption of this Ordinance. Not later than 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 Indian Wells, California, on the 2nd day of June, 2022.

DANA REED
MAYOR
26529.00041 \35023698.2
72 City of Indian Wells
Ordinance No. 738

Page 4 ends

STATE OF CALI FORNI A )
COUNTY OF RI VERSI DE) ss.

CI TY OF INDIAN WELLS)
CERTI Fl CATI ON FOR ORDI NANCE NO. 738
I, Angelica Avila, City aerk of the City of Indian Wells, California, DO HEREBY CERTI FY that Ordinance No. 738, having been introduced at the regularly meeting of May 19, 2022 was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on this 2nd day of June, 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:

ANGELI CA AVI LA TODD R. LEI SHMAN

CI TY CLERK CI TY ATTORNEY
26529.00041 \35023698.2
73 City of Indian Wells
Ordinance No. 738

Page 5 ends

EXHIBIT "A"
Amendments to Municipal Code
(follows this page)
26529.00041 \35023698.2
74 Chapter 21.85 — Accessory Dwelling Units
Section 21.85.010 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3)
Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. (4) "Efficiency kitchen" means a kitchen that includes all of the following:
26529.00041\35024035.3
75 (A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) "Junior accessory dwelling unit" or "JADU" means a residential unit that (A) is no more than 500 square feet in size,
(B) is contained entirely within an existing or proposed single-family structure,
(C) includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and (D) includes an efficiency kitchen, as defined in subsection (c)(4) above.
(6) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(7)
"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. (8) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (9)
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(11) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building -permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
26529.00041\35024035.3
76 (A) Converted on Single-family Lot: One ADU as described in this subsection (d)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(I) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single- family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single- family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(B) Limited Detached on Single-family Lot: One detached, new - construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear -yard setbacks are at least four -feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade is 16 feet or less.
(C) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear -yard setbacks are at least four -feet. (ii) The peak height above grade is 16 feet or less.
26529.00041\35024035.3
77 (2) ADU Permit.
(A) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below. (B) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(B) The City must act on an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not act upon the completed application within 60 days, the application is deemed approved unless either:
(i)
The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed -use zone.
(B) An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. 26529.00041\35024035.3
78 (2) Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(3) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
(4) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(5)
Septic System. If the ADU or JADU will connect to an onsite wastewater - treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(6) Owner Occupancy.
(7)
(A) All ADUs permitted before January 1, 2020 are subject to the owner -occupancy requirement that was in place when the ADU was created.
(B) An ADU that is permitted after that date but before January 1, 2025, is not subject to any owner -occupancy requirement.
(C) All ADUs that are permitted on or after January 1, 2025 are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
(D) All JADUs are subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner -occupancy requirement in this subsection (e)(6)(D) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
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79 (A) Except as otherwise provided in Government Code section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
(B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the
Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (E) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (8) Income Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, the following requirements must be satisfied:
(A) With the building -permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90 -day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30 -day period, the city may enforce this provision in accordance with applicable law. 26529.00041\35024035.3
80 (9) Notice of Construction.
(A) At least ten business days before starting any construction of an ADU or JADU, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for
construction -related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular ADU project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(10) Building & Safety. All ADUs and JADUs must comply with all local building code requirements.
(f)
Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above. (1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a unit with two or more bedrooms. (B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (f), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent -based size limit in subsection (f)(1)(B) above or of an FAR or lot coverage limit or open -space requirement may require the ADU to be less than 800 square feet.
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81 (2) Floor Area Ratio (FAR). No ADU subject to this subsection (f) may cause the total FAR of the lot to exceed 45 percent, subject to subsection (f)(1)(C) above.
(3) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 25 - foot front -yard setback.
(B) An ADU that is subject to this subsection (f) must conform to 4 -foot side- and rear -yard setbacks.
(C) No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(4) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(C) above.
(5) Minimum Open Space. No ADU subject to this subsection (f) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (f)(1)(C) above.
(6) Height. No ADU subject to this subsection (f) may exceed 16 feet in height above grade, measured to the peak of the structure. (7) Passageway. No passageway, as defined by subsection (c)(8) above, is required for an ADU.
(8) Parking.
(A) Generally. One off-street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(11) above.
(B) Exceptions. No parking under subsection (f)(8)(A) is required in the following situations:
(i)
The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(10) above. (ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection
(d)(1)(A) above.
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82 (iv) When on -street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(C) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(9) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down -lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
(F) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(G) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(10) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(A) At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall. 26529.00041\35024035.3
83 (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(C) All landscaping must be drought -tolerant.
(D) All landscaping must be from the city's approved plant list. (11) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must do both of the following:
(A) Comply with the Secretary of the Interior's objective Standards for Preservation, Rehabilitation, Restoration, or Reconstruction the Treatment of Historic Properties, as applicable.
(B) Be located so as to not be visible from any public right-of-way. (g)
Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact Fees.
(A) No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (g)(2)(A), converted ADUs on a single-family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
26529.00041\35024035.3
84 (C) Except as described in subsection (g)(2)(A), all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(1)
The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of
drainage -fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this
service.
(h) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (g) of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. 26529.00041\35024035.3
85 City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: ORD-015-22 Item #: B.

Ordinance Adding Sections 20.72.070 and 21 .20.015 to the City of Indian Wells Municipal Code Relating to Urban Lot Splits and Two -Unit Projects and Finding the Action to be Exempt from CEQA
RECOMMENDED ACTI ON:

Council ADOPTS Ordinance by title only and waives further reading, 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 be except from CEQA.

City of Indian Wells

Page 1 of 1 ends

povE3e6y Legistar

ORDI NANCE NO. 739
AN ORDI NANCE ADDI NG SECTI ONS 20.72.070 AND 21 .20.015 TO

THE CI TY OF INDIAN WELLS MUNI CI PAL CODE RELATI NG TO URBAN LOT SPLI TS AND TWO-UNI T PROJECTS AND Fl NDI NG THE

ACTI ON TO BE EXEMPT FROM CEQA
WHEREAS, the Qty of Indian Wells, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 ("SB 9"), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two -unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two -unit projects; and WHEREAS, SB 9 took effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9.

WHEREAS, on April 19, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on April 28, 2022, the Planning Commission held a duly -noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on May 5, 2022 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
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87 City of Indian Wells
Ordinance No. 739

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WHEREAS, on May 19, 2022, the Qty Council held a duly -noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS, CALI FORNI A DOES ORDAI N AS FOLLOWS:

SECTI ON 1. The recitals above are each incorporated by reference and adopted as findings by the Qty Council.

SECTI ON 2. The City Council finds that under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two -unit projects is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, adoption of this ordinance is statutorily exempt from CEQA in that the ordinance implements these new laws enacted by SB 9.

SECTI ON 3. The City of Indian Wells Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference.

SECTI ON 4. This ordinance takes effect 30 days after adoption.

SECTI ON 5. The City Clerk is directed to publish this Ordinance in the manner and within the time period prescribed by law.

SECTI ON 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The Qty Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
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88 City of Indian Wells
Ordinance No. 739

Page 3 ends

SECTI ON 7. The City Council hereby directs staff to prepare, execute, and file with the Riverside County aerk a notice of exemption within five working days of the adoption of this Ordinance.

SECTI ON 8. The Custodian of Records for this Ordinance is the City Oerk and the records compromising the administrative record for this Ordinance are located at 44950 Eldorado Drive, Indian Wells, CA 92210.

PASSED, APPROVED AND ADOPTED by the Qty Council of the Oty of Indian Wells, California, at a regular meeting held on the 2nd day of June, 2022.

DANA REED
MAYOR
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89 City of Indian Wells
Ordinance No. 739

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STATE OF CALI FORNI A )
COUNTY OF RI VERSI DE )ss.

CI TY OF I N D I AN WELLS )
CERTI Fl CATI ON FOR ORDI NANCE NO. 739
I, Angelica Avila, City aerk of the City of Indian Wells, California, DO HEREBY CERTI FY that Ordinance No. 739, having been introduced at the regularly meeting of May 19, 2022 was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on this 2nd day of June, 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:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY
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90 Qty of Indian Wells
Ordinance No. 739

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EXHIBIT"A"
Amendments to Municipal Code
(follows this page)
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91 Attachment A: Code Amendments
Section 20.72.070 is hereby added to Title 20 Subdivisions to read in its entirety as follows:

Section 20.72.070 Urban Lot Splits
(a) Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7. (b) Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. (c) Application.
(1)
Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(3)
The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director, without discretionary review.
(2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
(3)
The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

A-1
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92 Attachment A: Code Amendments
(4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
(e) Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this section.
(B) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:
(i)
The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding section 66411.1 of the SMA, no dedication of rights -of - way or construction of offsite improvements is required for an urban lot split.
(2) Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

A-2
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93 Attachment A: Code Amendments
(3)
Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i)
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) A hazardous waste site that has not been cleared for residential use. (iv) Within a 100 -year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(v) Within a regulatory floodway, unless all development 011 the site has received a no -rise certification.
(vi) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(vii) Habitat for protected species.
(viii) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)
(C) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.
(4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by resolution or ordinance as a city or county landmark or as a historic property or district. (5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split.

A-3
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94 Attachment A: Code Amendments
(B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income -restricted for households of moderate, low, very low, or extremely low income, as defined by the State Housing of Community Development.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. (B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (d)(2) above.

A-4
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95 Attachment A: Code Amendments
(D) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record. (9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have frontage on the public right of way of at least 20 feet.
(10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, primary or second dwelling units, and units created under section 21.20.015 of the zoning code.
(B) Unit Size.
(i)
The total floor area of each primary dwelling that is developed on a resulting lot must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back A-5
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96 Attachment A: Code Amendments
by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(D) Setbacks.
(i)
Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(10)(D) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III) allow for vehicular and fire -safety access to the front structure.
(E) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one covered off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either A-6
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(I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car -share vehicle location. (F) Architecture.
(i)
If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All exterior lighting must be limited to down -lights. (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(G) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way or private streets) as follows:
(i) At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall, not to exceed 9 -feet in height.

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Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall, not to exceed 9 -feet in height. (ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must comply with the City's landscape requirements found in Section 21.60.080 (b)(7).
(H) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (I) Utilities.
(J)
(i)
(
Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. i) Each primary dwelling unit on the resulting lots is required to connect to the public sanitary sewer system.

Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Separate Conveyance.
(A) Within a resulting lot.
(i)
Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

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(12) Regulation of Uses.
(A) Residential -only. No non-residential use is permitted on any lot created by urban lot split.
(B) No Short Term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. (C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. (13) Notice of Construction.
(A) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels (including parcels directly across the street), which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction - related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

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(C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3)
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

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Attachment A: Code Amendments
Section 21.20.015 is hereby added to Title 21 Zoning Code to read in its entirety as follows:

Section 21.20.015 Two -unit Projects
(a) Purpose. The purpose of this section is to allow and appropriately regulate two -unit projects in accordance with Government Code section 65852.21. (b) Definition. A "two -unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
(c) Application.
(1) Only individual property owners may apply for a two -unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for a two -unit project must be submitted on the city's approved Application to Construct form.
(3)
The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. (4) Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (5)
The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
(d) Approval.
(1)
An application for a two -unit project is approved or denied ministerially, by the Community Development Director, without discretionary review. (2) The ministerial approval of a two -unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

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(4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
(e) Requirements. A two -unit project must satisfy each of the following requirements:
(1) Map Act Compliance. The lot must have been legally subdivided. (2) Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. (3)
Lot Location.
(A) The lot is not located on a site that is any of the following:
(i)
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) A hazardous waste site that has not been cleared for residential use. (iv) Within a 100 -year flood hazard area, unless the site has either:
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(II) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(v) Within a regulatory floodway, unless all development on the site has received a no -rise certification from a qualified engineer. (vi) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(vii) Habitat for protected species.
(viii) Land under conservation easement.
(B) The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)
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(C) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.
(4) Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by resolution or ordinance as a city or county landmark or as a historic property or district.
(5)
No Impact on Protected Housing. The two -unit project must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income -restricted for households of moderate, low, very low, or extremely low income, as defined by the State Housing of Community Development.
(B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application. (D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two -unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(6) Unit Standards.
(A) Quantity.
(B) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, primary or second dwelling units, and units created under section 21.20.015 of the zoning code.
(i)
A lot that is not created by an urban lot split may have a two -unit project under this section, plus any Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) that must be allowed under state law and the city's ordinance.

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Attachment A: Code Amendments
(C) Unit Size.
(i)
The total floor area of each primary dwelling built that is developed under this section must be
(I) less than or equal to 800 square feet and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two -unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two -unit project.

The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the two - unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two -unit project. (D) Height Restrictions.
(i)
On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two -unit project.
(E) Demo Cap. The two -unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. (F) Lot Coverage. The two -unit project may not exceed a maximum of 60% lot coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(G) Open Space. The two -unit project must include a minimum of 40% open space on the lot. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

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Attachment A: Code Amendments
(H) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (e)(6)(H) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established structure. (II) 800 sf; four -foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 20 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high within the first 10 -feet, and five feet high within the second 10 -feet;
(II) be at least 50 percent landscaped with drought -tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III) allow for vehicular and fire -safety access to the front structure.
(I) Parking. Each new primary dwelling unit must have at least one covered off-street parking space per unit unless one of the following applies:
(i)
The lot is located within one-half mile walking distance of either (I)
a corridor with fixed route bus service with service
intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
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Attachment A: Code Amendments
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car -share vehicle location. (J) Architecture.
(i)
If there is a legal primary dwelling on the lot that was established before the two -unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) If there is no legal primary dwelling on the lot before the two -unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All exterior lighting must be limited to down -lights. (iv) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property.

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (K) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(i)
At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall, not to exceed 9 -feet in height.

Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall, not to exceed 9 -feet in height.

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Attachment A: Code Amendments
(ii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.
(iii) All landscaping must comply with the City's landscape requirements found in Section 21.60.080 (b)(7).
(L) Nonconforming Conditions. A two -unit project may only be approved if all nonconforming zoning conditions are corrected.
(M) Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the lot is required to connect to the public sanitary sewer system.
(N)
Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.
(7) Separate Conveyance.
(A) Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(B) Condominium airspace divisions and common interest developments are not permitted within the lot.
(C) All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(8) Regulation of Uses.
(A) Residential -only. No non-residential use is permitted on the lot. (B) No Short Term Rentals (STRs). No dwelling unit on the lot may be rented for a period of less than 30 days.
(C) Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two -unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

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Attachment A: Code Amendments
(9) Notice of Construction.
(A) At least 30 business days before starting any construction of a two -unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction as permitted under Section 9.06.047, (iv) Contact information for the project manager (for construction - related complaints).
(B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(10) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lot. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(D) If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
(E) States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
(f) Specific Adverse Impacts.
(1) Notwithstanding anything else in this section, the city may deny an application for a two -unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse A-18
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Attachment A: Code Amendments
impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2) "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(3)
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. (g) Remedies
If a two -unit project violates any part of this code or any other legal requirement:
(1) The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2) The city may:
(A) Bring an action to enjoin any attempt to sell, lease, or finance the property. (B) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
(F) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: ORD-016-22 Item #: C.

Ordinance Replacing Chapter 8.16 of the Municipal Code Regarding Trees and Shrubs and Finding the Action to be Exempt from CEQA RECOMMENDED ACTI ON:

Council ADOPTS Ordinance by title only and waives further reading, replacing Chapter 8.16 of the Municipal Code regarding trees and shrubs and finding the action to be except from CEQA.

City of Indian Wells

Page 1 of 1 ends

1owjecjy Legistar

ORDI NANCE NO. 740

AN ORDI NANCE OF THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS, CALI FORN I A, REPLACI NG CHAPTER 8.16 OF THE CI TY OF

I NDI AN WELLS MUNI CI PAL CODE REGARDI NG TREES AND
SHRUBS
WHEREAS, the Qty of Indian Wells recognizes the importance of trees to the residents of and visitors to Indian Wells, and that the community has an interest in preserving trees as important natural resources which provide scale, color, aroma, visual buffers between land uses, and increased property values, and which contribute to the environment by improving general aesthetics, modifying temperatures by providing shade and reducing heat and glare, reducing wind velocity, purifying and replenishing oxygen, controlling soil erosion, and providing wildlife habitat; and WHEREAS, the purpose of the requirements adopted by this Ordinance is to regulate the placement and provide for the proper selection of new trees to minimize problems in public facilities, to establish requirements for the preservation and proper maintenance of existing trees located on public property, and generally to promote the planting and preservation of trees in Indian Wells; and WHEREAS, the City Council has established a goal of Indian Wells earning the "Tree Oty USA" designation awarded by the National Arbor Day Foundation, one requirement of which is the adoption of an ordinance to provide guidance for planting, maintaining, and removing trees from public places, and the City Council intends for this Ordinance to meet this requirement.

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS DOES HEREBY ORDAI N AS FOLLOWS:

SECTI ON 1. I ncorporation of Recitals. The Oty Council finds the recitals set forth above are true and correct and hereby adopts and incorporates the recitals herein as findings in support of this Ordinance.

SECTION 2. Amending Chapter 8.16. Chapter 8.16 of the Indian Wells Municipal Code is hereby replaced in its entirety to read as follows. "Chapter 8.16 TREES AND SHRUBS

8.16.010 - Purpose.

To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the City Council herein delegates the 112

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authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.

8.16.020 - Definitions.

For the purposes of this Chapter, the following words and phrased have the meanings respectively ascribed to them as follows:

City — means the City of Indian Wells.

Damage — means any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.

I ndian Wells Municipal Code — means any ordinance adopted by the City of Indian Wells regardless of whether it has been codified.

Maintain or maintenance — means the care of trees and shrubs, including but not limited to the preparation of ground, fertilizing, mulching, spraying, root control, treating for disease or injury, or any other similar acts which promote the life, growth, health, or beauty of such trees or shrubs, except to trim or prune.

Nuisance — means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.

Parkway — means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

Person — includes corporations, partnerships, and associations existing under or authorized by the laws of the State of California.

Planting — includes planting and replacement.

Planting strip - means the area capable of being planted between curb or place where curb should be and the property line.

Public property — includes parks, parkways, playgrounds, areas around public buildings, squares and places such as traffic divider strips or islands, and all other areas under the supervision and maintenance of the City and which are now, or may hereafter, be dedicated to public use.
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Public tree — means any tree or woody vegetation on city -owned or city - maintained property or rights -of -way.

Street - includes any public street, avenue, boulevard, land, walk, road, parkway, alley right-of-way, or other public way.

Top or Topping — means the non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

Trim or prune — means the removal of limbs and fruit and branches as necessary to properly train the trees to promote healthy growth, for public safety, for aesthetic purposes, to provide clearance for traffic control, and vehicles. Trees shall be trimmed and pruned annually or biannually, depending upon the type of tree.

8.16.030 — Authority and Power
(a) Delegation of authority and responsibility. The Director of Public Works and/or their designee, hereinafter referred to as the "Director", shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights -of -ways, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(b) Coordination among City departments. All City departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Chapter as it relates to streets, alleys, rights -of -way, drainage, easements, and other public properties not under direct jurisdiction of the Director.
(c) I nterference. No person shall hinder, prevent, delay, or interfere with the Director or his agents while engaged in carrying out the execution or enforcement of this Chapter.

8.16.040 — Tree Planting and Care Standards.
(a) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture. (b) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards. 114

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(c) Preferred species list. The Director shall maintain an official list of desirable tree species for planting on public property in two size classes: Ornamental (20 feet or less in height at maturity) and Shade (greater than 20 feet at maturity).

Trees from this approved list may be planted without special permission; other species may be planted with written approval from the Director. (d) Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.
(e) Planting trees under electric utility lines. Only trees listed as Ornamental trees on the official city tree species list may be planted under or within 15 lateral feet of any overhead utility wire.

8.16.050 — Prohibition Against Harming Public Trees
(a) It shall be unlawful for any person to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director. (b) It shall be unlawful for any person to attach any cable, wire, sign, or any other object to any street, park, or public tree.
(c) It shall be unlawful for any person to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director. (d) Any person or Qty department performing construction near any public tree(s) shall consult with the Director and shall employ appropriate measures to protect the tree(s), according to procedures contained in the Best Management Practices (BMPs) for "Managing Trees During Construction" published by the International Society of Arboriculture.
(e) Each violation of this section as determined and notified by the Director shall constitute a separate violation, punishable by fines and penalties under Section

8.16.080, in addition to mitigation values placed on the tree(s) removed or damaged in violation of this Chapter.

8.16.060 — Adjacent Owner Responsibility
(a) It shall be the responsibility of the property owners, lessee, tenant, or occupant to trim or prune and maintain all trees, shrubs, grass or other plantings now in existence or hereafter planted in the planting strip of the property under such person's control.
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(b) The failure of any property owner, tenant, lessee, or occupant to properly trim or prune trees, shrubs, grass or other plantings, or to properly maintain the same, along the planting strips on the property frontage under his or her control in accordance with this Chapter, shall be deemed a hazard to the public safety and a nuisance, and compliance may be obtained in the same manner as a nuisance is provided for under the ordinances of the City.
(c) If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the City may undertake the necessary work and charge the cost to the property owner.

8.16.070 — Certain Trees Declared a Nuisance
(a) Any tree, or limb thereof, on private property determined by the Director to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare is declared a nuisance and the City may require its treatment or removal.
(b) Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The City may remove such trees at the owner's expense if the owner does not comply with treatment and/or removal as specified by the Director within the written notification period. (c) The Director or his or her authorized agent shall cause a notice to be issued to the property person or persons to abate a hazard whenever the Director or his or her authorized agent has determined that a hazard exists. The enforcing agent shall abate such hazard in accordance with the regulations of Chapter 8.08.

8.16.080 — Violations and Penalty
Any person violating any provision of this Chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000.00) for each offense.

8.16.090 — Procedures for Citations and Appeals
Administrative citations for violations, including potential appeals of such administrative citations, of this Chapter shall be made pursuant to the procedures outlined in Chapter 1.20 of the Indian Wells Municipal Code.

8.16.100 — Local Government Disclaims Liability
Nothing contained in this section imposes any liability upon the City, its officers or employees, or relieves the owner of any property from the duty to keep any tree, 116

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shrub, or plant upon his property or under his control in such a condition as to prevent it from constituting a public nuisance."
SECTI ON 3. Effective Date. This Ordinance shall become effective immediately thirty (30) days following its adoption.

SECTI ON 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTI ON 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 6. Publication. The City Oerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published on the City's website and published once in a newspaper of general circulation published and circulated within the City.

PASSED, APPROVED, and ADOPTED, by the City Council of the City of Indian Wells, California, at a regular meeting held on this 2nd day of June, 2022.

DANA REED
MAYOR
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STATE OF CALI FORN I A )
COUNTY OF RI VERSI DE )ss.

CI TY OF INDIAN WELLS )
CERTI Fl CATI ON FOR ORDI NANCE NO. 740
I, Angelica Avila, City aerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTI FY that Ordinance No. 740 , having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 2nd day of June, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

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

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY
118

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: ORD-017-22 Item #: D.

Ordinance Adding Section 12.03 to the Municipal Code to Establish a Pavement Cut Moratorium and Finding the Action to be Exempt from CEQA RECOMMENDED ACTI ON:

Council ADOPTS Ordinance by title only and waives further reading, adding section 12.03 to the Municipal Code to establish a pavement cut moratorium and finding the action to be except from CEQA.

City of Indian Wells

Page 1 of 1 ends

Aow1e9/ Leg istar

ORDI NANCE NO. 741
ADDI NG SECTI ON 12.03 OF THE MUNI CI PAL CODE TO ESTABLISH A PAVEMENT CUT MORATORI UM; AND Fl NDI NG THE ORDI NANCE

TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells maintains approximately 6 million square feet of street pavement; and
WHEREAS, pavement deteriorates overtime from environmental conditions and traffic loading, as well as excavations into the street such as trenching; and WHEREAS, a pavement cutting moratorium restricts such excavations in newly paved streets, and requires more substantial pavement restoration if exceptions to the restriction are authorized to reduce the impacts of the work; and WHEREAS, the purpose of the moratorium is to protect the public's investment in its infrastructure and ensure roadways of not deteriorate faster than expected; and WHEREAS, the Qty desires and intends to add Section 12.03., Pavement Cut Moratorium, to the Indian Wells Municipal Code ("I WMC' ); and

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS, CALI FORNI A DOES ORDAI N AS FOLLOWS:

SECTI ON 1. The Recitals above are trued and correct and are hereby adopted as findings as if fully set forth herein.

SECTI ON 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTI ON 3. Code Amendments. Title 12 of the Indian Wells Municipal Code is hereby amended as set forth in Attachment "A" hereto and incorporated herein by reference.

SECTI ON 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 Qty Clerk.

SECTI ON 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 120

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reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Qty Council and the people of the Qty of Indian Wells hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTI ON 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTI ON 7. Publication. The Oty 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 Oty Council of the Qty of Indian Wells, California, at a regular meeting held on the 2nd day of June, 2022.

DANA REED
MAYOR
121

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Ordinance No. 741

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STATE OF CALI FORNI A )
COUNTY OF RI VERSI DE )ss.

CI TY OF INDIAN WELLS )
CERTI Fl CATI ON FOR ORDI NANCE NO. 741
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTI FY that Ordinance No. 741, having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the Qty Council held on the 2nd day of June, 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 Qty of Indian Wells.

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY
122

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ATTACHMENT "A"
TITLE 12 MUNI CI PAL CODE ADDI TI ON
***
I. Additions.

The following additions are made to Title 12 of the Indian Wells Municipal Code:

1. Section 12.03 is hereby added to read in its entirety as follows:

12.03.010 Purpose.

A. The purpose of the pavement cut moratorium in this chapter is to protect the city's investment in its infrastructure; and to preserve the life of streets to provide an improved driving surface and a more pleasing appearance to roadway surfaces that have undergone utility work.

B. No entity or organization shall be exempt from the requirements of this chapter including, but not limited to, utility companies, state agencies, federal agencies, school districts, and private developers.
(Ord. )OO( 2022)

12.03.020 Definitions.

The following definitions are applicable within this chapter:
"Completion date" means the date the notice of completion was adopted by the city council for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements for a private development, this date shall be the date the notice of completion for the development was adopted by the city council; for public improvements for which a notice of completion was not adopted by the city council, this date shall be the actual date of completion of the work.
"Director" means public works director/city engineer or designee. "Excavate" or "excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Chapter 12.04. "Permit" means written authorization from the Director to excavate, 123

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encroach upon, or obstruct a public right-of-way.
"Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other city -owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the city for public use.
"Roadway" means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the city for vehicular or pedestrian travel. "Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.

12.03.030 Moratorium, exceptions.

A. Except as set forth in subsection B. of this section or Section 12.03.040, permission to excavate in roadways shall not be granted for five (5) years after the completion date of roadway construction or maintenance, including but not limited to an overlay, chip seal, slurry seal coatings, micro paving, or other maintenance of the roadway surface. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced roadways.

B. Exceptions to the above moratorium may be permitted in the following situations at the discretion of the Director:

1. Emergencies which endanger life, property or public health and safety.

2. Interruption of essential utility service.

3. Work that is mandated by city, state, or federal legislation.

4. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.

5. Other situations deemed by the Director to be in the best interest of the general public.
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12.03.040 Excavation waiver.

A. To excavate within a roadway within five (5) years of the completion date, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the Director. The request must include:

1. The location of the excavation.

2. Description of the work to be performed.

3. A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced.

4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.

5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.

B. In the event the waiver is granted under subsection A., any excavation in the roadway shall be repaired with full -lane paving on the street as follows:

1. Overlaid or reconstructed roadway: All lanes that are affected shall be ground down one -and -a -half (1.5) inches and paved with one -and -a -half (1.5) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the Director. Some roadways may require rubberized asphalt or other materials.

2. Slurry sealed, chip sealed, or micro -surfaced streets: All lanes that are affected shall be resurfaced to the satisfaction of the Director with a treatment similar to what was previously utilized.

3. For trenches perpendicular to the curb face, the trench shall be resurfaced for the entire trench width plus ten feet on each side of the trench (i.e. twenty feet plus the width of the trench) along the entire length of the impacted lane or lanes. For trenches parallel to the curb face, the entire lane shall be resurfaced along the entire length of the trench plus ten feet on each end (i.e. twenty feet plus the length of the trench).

4. Exception: Full -lane width restoration shall not be required during a curb and gutter restoration in which the city has exempted the contractor from removing and replacing the required eighteen (18) inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt.
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C. Exceptions to subsection (B) may be permitted at the discretion of the Director to repair existing utilities, not associated with a construction project in the following cases:

1. Emergencies which endanger life, property or public health and safety.

2. Interruption of essential utility service.

3. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure.

4. Other situations deemed by the Director to be in the best interest of the general public.
126

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: ORD-018-22 Item #: E.

Ordinance Amending Code Sections 21 .06.100 and 21 .10.030 to Streamline Public Hearing Notice Procedure for Development and Zoning Matters and Finding and Finding the Action to be Exempt from CEQA
RECOMMENDED ACTI ON:

City of Indian Wells

Page 1 of 1 ends

iony Legistar

ORDI NANCE NO. 742

AN ORDINANCE OF THE CI TY COUNCI L OF THE CI TY OF I NDI AN

WELLS, CALI FORN I A, AMENDI NG I NDI AN WELLS MUNI CI PAL CODE SECTIONS 21 .06.100 AND 21 .10.030 TO STREAMLINE

PUBLI C HEART NG NOTI CE PROCEDURE FOR DEVELOPMENT AND
ZONING MATTERS AND Fl NDI NG THE ACTI ON TO BE EXEMPT

FROM CEQA
WHEREAS, the City of Indian Wells ("City") is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, the City's police powers include without limitation the ability to adopt procedural rules to carry out comprehensive zoning and land use regulations within the City; and
WHEREAS, under its police powers as a charter city, the City desires to combine public hearing notices for matters requiring a public hearing before both the Planning Commission (as a recommendation) and the Qty Council (as a final action) to streamline development and zoning approvals; and
WHEREAS, the City Council now seeks to amend Indian Wells Municipal Code Sections 21.06.100 Rabic Notices and 21.10.030 Planning Commission review to accomplish this goal; and
WHEREAS, the amendments in this ordinance do not affect land uses or change development potential, but are purely procedural, and so may be authorized by the Qty Council without Planning Commission recommendation or public hearing; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS DOES HEREBY ORDAI N AS FOLLOWS:

Section 1. THE City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are hereby incorporated and 128

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adopted as findings of the City Council as if fully set forth herein.

Section 2. The City Council finds that the proposed Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that the proposed Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 3. Indian Wells Municipal Code Title 21 Zoning Code, Chapter 21.06 General Regulations, Section 21.06.100 Public Notices, subsection (b) is hereby amended to read in its entirety as follows:
"21.06.100 Public Notices
(b) Public Notices.
(1) Required Time of Noticing. Notice of a public hearing shall be given by mailing, not less than ten (10) days or more than sixty (60) days prior to the date of the hearing, postage prepaid.
(2) Combined Notice. Notwithstanding any other provision of law, when a matter requires a public hearing before both the Planning Commission (as a recommendation) and the City Council (as a final action), notice of both public hearings may be combined into a single written notice. The combined notice shall contain the date, time, and place of both public hearings as well as the identity of both hearing bodies, the environmental -review status, and the location and proposed use of the subject property and a general description of the matter that is the subject of the hearings. The combined notice shall be mailed at least 10 days prior to the Planning Commission public hearing on the matter. The combined notice need not include the written recommendation of the Planning Commission.
(3) Required Notification. Notices shall be posted and mailed to the 129

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applicant, all parties requesting said notifications to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project and to all addresses on the notification list required by Section 21.06.100(a). (4) Waiver of Noticing Requirement. In the event that the number of owners and tenants to whom notice would be sent is greater than one thousand (1000), notice may be given at least ten (10) days prior to the hearing by placing a display advertisement of at least one -eighth (1/8) page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the environmental -review status, the date, time, and place of the scheduled hearing(s), and the hearing body(ies).
(5) Notice Content. Notices shall state the nature of the request, location of the property (text and diagram), the environmental review status, the date, time and place of the scheduled hearing(s), and the hearing body(ies). (i)
Cover Letter. A cover letter prepared by the Director of Community Development or designee summarizing the nature of the proposed action or request shall accompany each
notice.
(ii) Time Period. For the period of mailing notification as addressed in Section 21.06.100(b)(1), the time period shall commence from the date that the public agency deposits a written copy of the notice in the United States mail, first class postage prepaid."
Section 4. Indian Wells Municipal Code Title 21 Zoning Code, Chapter 21.10 Development Practices and Development Agreements, Section 21.10.030 Planning Commission Review, subsection (a)(1) is hereby amended as follows:
"21.10.030 Planning Commission review.
(a) Notice of Intention to Consider. Upon receipt of a proposed development agreement, the Planning Director shall give notice of the intention of the Planning Commission to consider adoption of the development agreement. (1) Time and Manner. All notices required pursuant to this Chapter shall 130

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be given pursuant to the requirements of Section 21.06.100 (Public Hearings). (2) Failure to Receive Notice. The failure of any person entitled to notice to receive such notice shall not affect the authority of the City to enter a development agreement. The failure of any person entitled to notice to receive such notice shall not invalidate a development agreement processed and approved in accordance with the terms set forth herein."
Section 5. If any part of this ordinance is adjudicated to be invalid, the invalid part is given no effect and the rest of the ordinance is to be given full effect.

Section 6. This Ordinance takes effect 30 days following its adoption. The city clerk is directed to publish this ordinance in the manner and within the time prescribed by law.
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PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the 2nd day of June 2022.

DANA REED
MAYOR

STATE OF CALI FORNI A )
COUNTY OF RI VERSI DE) ss.

CI TY OF INDIAN WELLS)
CERTI Fl CATI ON FOR ORDI NANCE NO. 742
I, Angelica Avila, City aerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTI FY that Ordinance No. 742 , having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 2nd day of June, 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:

ANGELI CA AVI LA TODD R. LEI SHMAN

CI TY CLERK CI TY ATTORNEY
132

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: ORD-019-22 Item #: F.

Ordinance Adding Section 1.16.030 to the Municipal Code to Address Application -Processing and Code Violations and Finding the Action to be Exempt from CEQA
RECOMMENDED ACTI ON:

City of Indian Wells

Page 1 of 1 ends

io33y Legistar

ORDI NANCE NO. 743

AN ORDI NANCE OF THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS, CALI FORNI A, ADDI NG SECTI ON 1 .16.030 TO THE

MUNI CI PAL CODE TO ADDRESS APPLI CATI ON-PROCESSI NG AND CODE VI OLATI ONS AND Fl NDI NG THE ACTI ON TO BE EXEMPT

FROM CEQA
WHEREAS, the City of Indian Wells ("City") is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the Qty by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, the City's police powers include without limitation the ability to adopt procedural rules to enforce regulations within the Qty; and WHEREAS, under its police powers as a charter city, the City desires to ensure that code violations are corrected and debts owed to the City are timely paid; and WHEREAS, the City Council now seeks to amend Indian Wells Municipal Code to add Section 1.16.030 Effect on Application Processing to accomplish this goal; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS DOES HEREBY ORDAI N AS FOLLOWS:

SECTI ON 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTI ON. 2. The Qty Council finds that the proposed Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that the proposed Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a 1 26529.00000\40048325.1
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significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTI ON 3. 1.16.030 Effect on Application Processing is hereby added to Title 1 Genera/ Provisions, Chapter 1.16 Genera/ Penalty, of the Indian Wells Municipal Code, to read in its entirety as follows:
"1.16.030 Effect on Application Processing
Notwithstanding any other part of this code, the City may refuse to accept an application for processing if either (a) the applicant owes the City money or (b) the applicant, or the property that is the subject of the application, is in violation of any part of this code, unless the application is to correct the violation." SECTI ON 4. If any part of this ordinance is adjudicated to be invalid, the invalid part is given no effect and the rest of the ordinance is to be given full effect.

SECTI ON 5. This Ordinance takes effect 30 days following its adoption. The city clerk is directed to publish this ordinance in the manner and within the time prescribed by law.

PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the 2nd day of June, 2022.

DANA REED
MAYOR
26529.00000\40048325.1
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Ordinance No. 743

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STATE OF CALI FORN I A )
COUNTY OF RI VERSI DE) ss.

CI TY OF I N D I AN WELLS)
CERTI Fl CATI ON FOR ORDI NANCE NO. 743
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTI FY that Ordinance No. 743, having been introduced at a regular meeting of the City Council on May 19, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 2nd day of June, 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 Qty of Indian Wells.

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD R. LEI SHMAN

CI TY CLERK CI TY ATTORNEY
26529.00000\40048325.1
136

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6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 093-22 Item #: G.

Indian Wells City Council
Staff Report -City Attorney
June 2, 2022
Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., n -Person and Teleconference/ Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
RECOMMENDED ACTI ON:

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 COVI D-19; and
AUTHORI ZES 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 COVI D-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 COVI D-19.

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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 COVI D-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 COVI D-19, which are currently in place. Accordingly, both of the above -referenced findings required by AB 361 exist.

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

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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 094-22 Item #: H.

Indian Wells City Council
Staff Report - City Clerk
June 2, 2022
Voting Delegate to Annual League Conference in Long Beach RECOMMENDED ACTI ON:

Council DESI GNATES/layor Dana Reed as the Voting Delegate for the City of Indian Wells at the 2022 League of California Cities Annual Conference held on September 7-9, 2022, in Long Beach.

DI SCUSSI ON:

The League of California Cities has requested the City formally appoint a voting delegate and up to two alternates to the Annual League of California Cities Annual Conference held in Long Beach on September 7-9, 2022. Only those delegates/alternates that have been approved by City Council action may participate in the Business Meeting as a voting delegate.

At the annual meeting, the membership will consider and act on resolutions establishing League policies. Each member City has one vote on these policy matters. Consistent with the League's bylaws, a City's voting delegate and up to two alternates must be designated by the City Council to vote at the Annual Business Meeting.

Mayor Reed plans to attend this year's League Conference, and it would be appropriate to designate him as the Voting Delegate. The voting delegate must be registered for the conference.

Fl SCAL I M PACT:

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

City of Indian Wells

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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 106-22 Item #: I.

Indian Wells City Council
Staff Report - City Manager's Office
June 2, 2022
Resolution in Support of Ocean Water I mport for the Salton Sea RECOMMENDED ACTI ON:

DI SCUSSI ON:

At the November 7, 2019 Council meeting, the Council adopted a resolution supporting the comprehensive analysis of water import alternatives for the Salton Sea.

After the adoption of the 2019 resolution, Council advocacy supporting prioritization for Salton Sea restoration become a Strategic Goal, and Council reaffirmed their support in a second resolution on October 1, 2020.

The Salton Sea Coalition has requested that Council adopt a resolution supporting ocean water importation, including taking into account greenhouse gas emissions, as a longterm solution to restore the Salton Sea.

The Ocean Water Import Independent Review Panel consists of scientists selected by UC Santa Cruz in August 2021 to conduct a comprehensive review of ocean water importation as part of the long- range solution for the Salton Sea that Coachella Valley cities called for in their resolutions in 2019 and 2020. The Long -Range Planning Committee of the Salton Sea Management Plan is comprised of state officials, agency officials, and a few representatives from the community. The Committee is relying on Tetra Tech, a private engineering firm, to review the plans from 15 years ago that were not implemented by the State due to the estimated $9 billion cost. These plans do not include the importation of water, nor do they include any evaluation of potential greenhouse gas emissions.

It is scientifically imperative to choose a long-term plan for the Salton Sea that takes greenhouse gas emissions into account. The planning committees have not explained the process or criteria for comparing the non -importation proposals with the ocean water importation proposals, nor have they City of Indian Wells

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stated that they would evaluate the potential greenhouse gas emissions of the various plans. Finally, there is no public hearing scheduled during the months between now and December to receive public comment.

As previously approved, the City supports a review of all alternatives to solving the issues at the Salton Sea, with water importation being one of them. As such, staff is recommending the City Council adopt the attached Resolution reaffirming our support for the equitable review of proposed alternatives and the continued pursuit of an independent review panel to conduct the analysis.

ATTACH M ENT:

1. Resolution No. 2022-34
City of Indian Wells

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ATTACHMENT #1
RESOLUTI ON NO. 2022-34

A RESOLUTI ON OF THE CI TY COUNCIL OF THE CI TY OF INDIAN

WELLS, CALI FORNI A, DECLARI NG I TS CONTI NUED SUPPORT FOR

A COMPREHENSI VE ANALYSI S OF ALL WATER I MPORT

ALTERNATIVES AND A REQUEST THAT THE INDEPENDENT

REVI EW PANEL HAVE POTENTIAL CARBON EMI SSI ON

CONSIDERED DURING THE COMPREHENSIVE FEASIBILITY

ANALYSI S AS PART OF THE LONG-TERM SOLUTI ON FOR THE

RESTORATI ON OF THE SALTON SEA
WHEREAS, the inflow of water to the Salton Sea has decreased and pursuant to the Quantification Settlement Agreement, mitigation water inflows ended on December 31, 2017, and without restoration or stabilization measures, the Salton Sea will rapidly decline; and
WHEREAS, the State of California ("State") has developed the Salton Sea Management Program ("SSMP') through departments within the California Natural Resources and Environmental Protection Agencies and is obligated to pay for certain costs related to habitat, air and water quality issues at the Salton Sea; and WHEREAS, the California State Water Resources Control Board has an oversight role in monitoring and ensuring progress towards the goals of the SSMP and has set a deadline of December 31, 2022 for the completion of a long-term plan regarding the Salton Sea; and
WHEREAS, in December of 2017, the State released a Request for Information ("RFI"), in which eleven proposals were received which included a water importation component. Following the establishment of an Independent Review Panel ("Panel") , an updated RFI was issued on August 13, 2021 to allow respondents to provide updates to their responses and to solicit additional responses. In total, 18 responses were received, including updates to the original eleven responses and seven new responses; and WHEREAS, in April of 2022, these responses were reviewed by the Panel. The thirteen conforming responses will be considered in the Feasibility Analysis. The Feasibility Analysis will consist of a fatal flaw analysis followed by a detailed analysis of technical and economical feasibility of responses that satisfy the fatal flaw analysis criteria. The Feasibility Report is expected to be released this summer, followed by the Summary export in late summer of 2022; and
WHEREAS, the City Council adopted Resolution 2019-40 on November 7, 2019 declaring support for a comprehensive analysis and review of all water import alternatives as a long-term solution for the restoration of the Salton Sea and that the results be incorporated into the SSMP; and
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WHEREAS, the City Council adopted the monitoring and support of Salton Sea Restoration Efforts as a Council Strategic Goal on January 29, 2020; and WHEREAS, the City Council requested the agencies and stakeholders begin the analysis of water import alternatives so it could be completed by the December 31,2022 deadline as set forth by the California State Water Resources Control Board for the long- term plan regarding the Salton Sea; and
WHEREAS, the State will require that any water import project proposal include an engineering and logistic feasibility study conducted on behalf of the proponent by an accredited or licensed engineering, planning, or equivalent organization recognized by the State prior to consideration by the SSMP; and
WHEREAS, the State prepared a Request for Proposals (RFP) for an independent reviewer panel to conduct a feasibility study of water importation proposals in February 2020 and again in June 2020, neither of which received response; and WHEREAS, on October 1, 2020, the City Council adopted Resolution No. 2020- 37, declaring continued support for a comprehensive analysis of all water importation alternatives as part of the long-term solution for the restoration of the Salton Sea; and WHEREAS, a recent report by Jenny R. Ross, titled "Potential Major Greenhouse Gas Emissions from Proposed Salton Sea Long -Range Flans," warns that many of the currently proposed long-range plans will cause large emissions of greenhouse gasses in the form of carbon dioxide and methane, prompting the desire that all proposals have greenhouse gas emissions considered during the Feasibility Study.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALI FORNI A, DOES RESOLVE, DECLARE, DETERMI NE AND ORDER AS FOLLOWS:

SECTI ON 1. The City Council DECLARES its continued support for the completion of a comprehensive analysis and review of all water import alternatives as a long-term solution for the restoration of the Salton Sea and requests the analysis of said alternatives be incorporated into the SSMP.

SECTI ON 2. That the Water Importation Independent Review Panel consider potential carbon emissions when conducting the comprehensive analysis that was requested previously by the City, and that such analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions.
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SECTION 3. That the Long -Range Planning Committee of the Salton Sea Management Program asses potential carbon emissions of all other long-range solutions under consideration to address the man-made problems of the Salton Sea.

SECT! ON 4. This Resolution shall take effect upon adoption.

PASSED, APPROVED AND ADOPTED by the Qty Council of the City of Indian Wells, California at a regular meeting held on the 2nd day of June 2022.

DANA REED
MAYOR
CERTI Fl CATI ON FOR RESOLUTI ON NO. 2022-34
I, Angelica Avila, City Clerk of the City Council of the Qty of Indian Wells, California, DO HEREBY CERTI FY 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 2nd day of June 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY
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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 095-22 Item #: J.

Indian Wells City Council
Staff Report - City Clerk
June 2, 2022
Annual Appointments to Commission, Committees, and Boards RECOMMENDED ACTI ON S:

The Interview Ad Hoc Committees recommends the Council APPOI NTS the following residents to serve on the various City Commissions, Committees, and Boards as outlined in this report commencing on July 1, 2021.

DI SCUSSI ON:

Annually the City Council appoints residents ("Members") to serve on various Commissions, Committees and Boards ("Committee"). Serving on a Committee provides an opportunity for residents to volunteer and serve their community. The selection process includes an application and interview by a City Councilmember(s), who make recommendations to the full City Council.

Selected Members serve for a two-year term unless they are filling an unexpired vacancy on any one Committee. Members may serve two consecutive terms, up to a maximum of four years on any one Committee. Members are required to complete an application after the completion of their first term to seek reappointment or to apply for a different Committee.

The City received 34 applications from interested residents to fill ten vacancies, with terms beginning on July 1, 2022.

Community Activities Committee 4
Golf Resort Advisory Committee 3
Grants In Aid Committee 1
Joslyn Senior Center Board of Directors 1
Planning Commission 1
Community Activities Committee
The City received six applications from interested residents wishing to fill one of four vacancies on the Community Activities Committee. Three of the vacancies are from recent resignations with a City of Indian Wells

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remainder of a one-year term ending in 2023, and one full two-year term ending in 2024.

Recommended Appointments:

Two Year Term July 1, 2022 to June 30, 2024
• Glenn Schubert
One Year Term
• Kay Hillery
• Cheryl Gaines
• Sydney Jones
Golf Resort Advisory Committee
July 1, 2022 to June 30, 2023
The City received seven applications from interested residents wishing to fill three vacancies on the Golf Resort Advisory Committee.

Two Year Term
• Mike Finnell (Reappointed)
• Gordon Johnson
• Toper Taylor
Grants In Aid Committee
July 1, 2022 to June 30, 2024
The City received eight applications from interested residents wishing to fill the one vacancy on the Grants in Aid Committee.

Two Year Term July 1, 2022 to June 30, 2024
• Julie Bernstein
Joslyn Senior Center Board of Directors
The City received one application from an interested resident wishing to serve on the Joslyn Senior Center Board of Directors.

Two Year Term July 1, 2022 to June 30, 2024
• Linda Blank
Planning Commission
The Qty received fourteen applications from interested residents wishing to fill one of three vacancies on the Planning Commission.

Two Year Term July 1, 2022 to June 30, 2024
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• Nicholas Conway (Reappointed)
• John Schleimer (Reappointed)
• Ken Welch
All applications received are available for public review at City Hall, City aerk Department during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday (excluding holidays).

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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 096-22 Item #: K.

Indian Wells City Council
Staff Report - City Manager
City Council Golf Resort Ad -Hoc Committee
RECOMMENDED ACTI ON:

June 2, 2022
Council AUTHORIZES the formation of a Golf Resort Ad -Hoc Committee comprised of Mayor Pro Tem Griffith and Councilmember Sanders.

DI SCUSSI ON:

In 2021, the Qty of Indian Wells conducted a Request for Proposals to develop the Indian Wells Golf Resort Strategic Plan. Stone Creek Partners was selected to complete the plan and community outreach. The initial Golf Resort Strategic Plan report was submitted to the City Council on May 19, 2022.

Over the next several months, numerous community meetings will be held to inform community stakeholders of Stone Creek's findings and to seek additional input from the community on the future development and operations of the Indian Wells Golf Resort (IWGR). The Golf Resort Strategic Plan community engagement process is expected to continue through much of calendar year 2022.

The formation of a Golf Resort Ad -Hoc Committee presents an opportunity to assist in the development of the final Strategic Plan report and to address certain needs of the IWGR that are considered more pressing by the Community. For example, the Ad -Hoc Committee could:
• Serve as the Council liaison with Stone Creek on the completion of the Golf Resort Strategic Ran.
• Review of the existing Golf Course Management Agreement and provide recommendations. o The current agreement was approved in 2009. Staff recommends a thorough review of the contract and propose new contract language that reflects changes since 2009, establishes standards, develop language more beneficial to the Qty, and much more.
■ Troon's agreement with the City terminates on June 1, 2024, with a written notice by Troon "on or about June 1, 2023" of their desire to extend, subject City of Indian Wells

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to Qty Council approval or reconsideration.
• Revisit the computation of the Resident Amenity Fee.
• Recommend indirect labor cost allocation plan in Food & Beverage operations. • Revisit the presentation of the monthly financial statements. • Discussion with Golf Resort Advisory Committee on desired changes to improve golf experience.
• Provide guidance to improve signage of the Golf Resort Campus, including the replacement of the street monument sign along Highway 111.
• Assist with Stakeholder relationships (e.g., hotel partners). • Provide regular progress updates to the City Council.

Section 2.04.020 of the City Council Policy Manual authorizes the Mayor to form Ad -Hoc Committees, subject to formal Council approval. Staff, in consultation with Mayor Reed, recommends the Council authorize the formation of a Golf Resort Ad -Hoc Committee, comprised of Mayor Pro Tem Griffith and Councilmember Sanders, whom have both expressed an interest in serving in this capacity. In addition, both Councilmembers' tenure on the City Council is not impacted by the November City Council elections, which allows consistency and uninterrupted service on the Ad -Hoc Committee.

This Ad -Hoc Committee will operate separate and apart from the Indian Wells Golf Resort Advisory Committee but will work closely with the Golf Resort Advisory Committee on items of mutual oversight. In addition, the Ad -Hoc Committee will provide regular updates to their City Council colleagues and the public at City Council meetings and any policy or program changes will subject of the full Council's consideration.

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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 108-22 Item #: L.

Indian Wells City Council
Staff Report - Finance
June 2, 2022
Professional Auditing Services Contract
RECOMMENDATION ACTION:

Council APPROVES five-year contract with Davis Farr for Professional Auditing Services.

DISCUSSION:

The Finance Committee recommends awarding a five-year contract to Davis Farr for Professional auditing services in the amount of $79,700 commencing with the fiscal year ending June 30, 2022.

The total cost of the five-year engagement is $423,245.

Consistent with Good Governance practices and auditing standards established by the Government Finance Officers Association (GFOA), the City issues a Request for Proposal (RFP) for audit services every 5 years. Staff sent the RFP to eleven (9) auditing firms and posted on the Qty's website. The Finance Committee received nine (9) responses and selected four (4) firms for the Finance Committee to interview. Staff checked each candidate's references thoroughly and was satisfied with the responses.

The Finance Committee interviewed the four firms listed below on April 5, 2022, and unanimously chose Davis Farr.

1. LSL, CPAs

2. The Pun Group LLP

3. Eide Bailly LLP

4. Davis Farr LLP
The Finance Committee stays committed to improving the quality of the City's annual audit(s). One area in particular was focused on enhancing the audited review of operating procedures at the Golf Resort, Housing Authority, tourism partners, and implementing audited contract compliance with larger City vendors. These enhanced deeper dive audit(s) are focused on reporting operational compliance, quality and quantity validations (did we get what we paid for), and financial performance when appropriate. Staff is working with the new auditors to develop or enhance City of Indian Wells

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existing procedures which will need final approval of the Finance Committee prior to engagement.

FISCAL IMPACT:

This is an ongoing line -item expenditure in the City's Budget. Total audit service costs are consistent with budgeted projections. No change to the City's Budget or any specific program is required.

ATTACHMENT:

1. Agreement
City of Indian Wells

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ATTACHMENT #1

INDIAN WELLS
r

CITY OF INDIAN WELLS

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as May 3, 2022 by and between the City of Indian Wells, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 44-950 Eldorado Drive, Indian Wells, California 92210 ("City"), and Davis Farr, a Limited Liability Partnership with its principal place of business at 18201 Von Karman Avenue, Suite 1100, Irvine, CA 92612 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Professional Auditing Services
(hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Incorporation of Recitals.

The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

3. Compensation.
a. Subject to paragraph 3(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." 26529.00000\30513606.6
152

b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Four Hundred Twenty -Three Two Hundred Forty - Five Dollars and no cents ($423,245) without written approval of City's Finance Director. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

4. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

5. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

6. Term
The term of this Agreement shall commence as of the date set forth herein above, and except for those indemnification and other provisions which by their nature survive the termination of this agreement, shall end at the time of satisfactory completion and delivery to the City of all audit and related reports due under this Agreement for the City's 2025-26 fiscal year, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement.

Consultant shall perform its services in a prompt and timely manner. Consultant shall complete the services required hereunder with the Final Report of each fiscal year delivered by the first week in November.

7. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in BB&K (2021)
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the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should such a Force Majeure Event occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

8. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

9. Standard of Care.

Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

10. Conflicts of Interest.

During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

11. City Business Certificate.

Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

12. Assignment and Subconsultant.

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Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

13. Independent Contractor.

Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

14. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self -insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(1) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self -insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.

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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i)
The following insurance limits are required for the Agreement:

Commercial General Liability
Combined Single Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
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(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
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(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

15. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the BB&K (2021)
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Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

16. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

17. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended BB&K (2021)
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from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

18. Reserved.

19. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

20. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

21. Attorneys' Fees.

In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney's Office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this Agreement.

22. Responsibility for Errors.

Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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23. Prohibited Employment.

Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

24. Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

25. Organization.

Consultant shall assign Jennifer Farr, CPA, Partner as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

26. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

27. Notice.

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:

City of Indian Wells Davis Farr LLLP
44-950 Eldorado Drive 18201 Von Karman Avenue, Suite 1100 Indian Wells, California 92210 Irvine, CA 92612
Attn: Kevin McCarthy, Finance Director Attn: Jennifer Farr, CPA, Partner and shall be effective upon receipt thereof.

28. Third Party Rights.

Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

29. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to BB&K (2021)
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

30. Entire Agreement.

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

31. Severability.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

32. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

33. Non -Waiver.

The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

34. Time of Essence.

Time is of the essence for each and every provision of this Agreement.

35. Headings.

Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

36. Amendments.

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Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

37. City's Right to Employ Other Consultants.

City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

38. Prohibited Interests.

Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

39. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

40. Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF INDIAN WELLS

AND DAVIS FARR, LLP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF INDIAN WELLS DAVIS FARR, LLP
By:

Christopher Freeland
City Manager
ATTEST:

By:

Angelica Avila
City Clerk
APPROVED AS TO FORM:

By: FOR
Best Best & Krieger LLP
City Attorney
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By:

Its:

Printed Name:
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EXHIBIT A

SCOPE OF SERVICES
Consultants understanding of the objectives and scope of the work to be performed is as follows:
• Perform an audit examination of the financial statements of City for the fiscal year ending June 30, 2022 through June 30, 2026. Our examination will be conducted in accordance with generally accepted auditing standards, the AICPA Audit and Accounting Guide, Audits of State and Local Government Units, and the Government Auditing Standards issued by the Comptroller General of the United States. We will ensure that the Basic Financial Statements are prepared in conformity with the most recent edition of the GAAFR, the GAAFR Update, and subsequent GASB pronouncements. • Prepare a report on the City's appropriations limitation to meet the requirements of Article XIII-B of the California Constitution.
• Prepare the annual report to the State Controller pursuant to Government Code Section 26909.
• When necessary, perform a compliance audit of federal expenditures in accordance with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards in any year City has federal expenditures of more than $750,000, including preparation of the Data Collection Form.
• Prepare a letter to the City Council summarizing the audit results in accordance with the Codification of Auditing Standards Section 260.
• Prepare a letter to the City Council reporting matters dealing with internal control that meet the threshold of being a significant deficiency or material weakness, as defined by the Codification of Auditing Standards Section 265. We will immediately report any irregularities or illegal acts that come to our attention to management and/or those charged with governance.
• Perform and prepare a report for agreed -upon procedures related to Transient Occupancy Tax.
• Perform and prepare a report for agreed -upon procedures related to Admissions Tax. • Perform and prepare a report for agreed -upon procedures related to Senior Housing Projects.
• Perform and prepare a report for agreed -upon procedures related to Indian Wells Golf Resort.
• Prepare a letter certifying the receipt and appropriateness of all required confirmations. • As requested, we will meet with the City Council to discuss the results of the audit. • Finally, we perceive the scope of our work as being advisors to City regarding generally accepted accounting principles. Throughout the year, the management and other finance personnel of City will have access to us to seek advice in the application of generally accepted accounting principles, advice regarding debt issuance, financial statement preparation and content, tax and any other matters relating to City. Each year, we will review upcoming accounting standards in a meeting with City staff.

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EXHIBIT B

SCHEDULE OF CHARGES/PAYMENTS
The compensation for services to be provided in accordance with this agreement, is shown below:

Service Provided
City Audit/ACFR
Single Audit*
Successor Agency
Housing Authority
Golf Resort AUP
Transient Occupancy Tax AUP
($2, 800 per hotel)
Admissions Tax AUP
State Controller Report
Gann Limit AUP
Total
FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
$40,685 $41,910 $43,170 $44,470
3,000 3,090 3,180 3,275 3,375
3,605 3,715 3,830 3,950
6,500 6,695 6,900 7,110 7,320
7,725 7,960 8,200 8,450
11,200 11,535 11,880 12,240 12,610
$39,500
3,500
7,500
4,500 4,635
4,775 4,920 5,070
3,500 3,605 3,715 3,830 3,950
515 530 550 570
$79,700 $82,090 $84,565 $87,125 $89,765
500
The breakdown of hours by classification for the services noted above, is shown below:

Classification Rate Hours Total
60 $10,800
Manager 150 120 18,000
110 250 27,500
Staff Auditor 90 260 23,400
Total 690 $79,700
Partner $180
Senior Auditor
For additional work performed outside the engagement, our rates are as follows by personnel.

Classification
Partner
Manager
Senior Auditor
Staff Auditor
Hourly Rate
180
150
110
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EXHIBIT C

ACTIVITY SCHEDULE
Proposed Audit Schedule
The following proposed timing is subject to the City 's revision and approval:
• Task 01
o April 15th: Audit Request List Provided
• Task 02
o May 16th: Audit Planning Meeting
• Task 03
o May 16th -20th: Interim Audit Procedures
• Task 04
o May 20th: Final Audit Request List Provided
• Task 05
o September 26th -October 7th: Final Audit Procedures
• Task 06
o October 7th: Exit Meeting
• Task 07
o October 21St: Provide Draft of Financial Report
• Task 08
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City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 109-22 Item #: M.

Indian Wells City Council
Staff Report - Finance
June 2, 2022
City's Appropriation Limitation for Fiscal Year 2022-23 RECOMMENDED ACTION:

Council ADOPTS Resolution No. 2022-30 establishing of the Qty's Appropriations Limitation for Fiscal Year 2022-23.

DISCUSSION:

The voters approved Proposition 4 in November 1979 adding to the California Constitution Article XI I I B, establishing limits on most appropriations from tax sources the state and local government entities are permitted to receive in any given year. An appropriation limit is defined as the maximum amount of tax the City is legally able to collect. The City Council establishes the Qty's appropriations limitation each fiscal year.

The Qty's appropriations limit for the upcoming fiscal year is calculated at $110,997,347. The Qty will utilize only 16.7485% of its appropriations limit for Fiscal Year 2022/23 budget based upon estimated tax proceeds of $18,590,407.

The City's estimated tax proceeds are within the calculated appropriation limitation and in compliance with the law. The City's appropriations limit calculations are reviewed by the City's auditing firm as part of the annual audit.

ATTACHMENTS:

1. Resolution No. 2022-23

2. Price Factor and Population Information
City of Indian Wells

Page 1 of 1 ends

1°69 Legistar

ATTACHMENT #1
RESOLUTI ON NO. 2022-30

A RESOLUTI ON OF THE CI TY COUNCIL OF THE CI TY OF INDIAN

WELLS, CALI FORN I A, APPROVING AND ADOPTING THE ANNUAL APPROPRI ATI ON LIMIT FOR THE Fl SCAL YEAR ENDING JUNE 30, 2023
WHEREAS, on November 6, 1979, the voters in California added Article XI I I B to the State Constitution placing various limitations on the appropriations of the state and local governments; and
WHEREAS, Article XIII B provides that the appropriations limit for the new Fiscal Year is calculated by adjusting the base Fiscal Year 1978-79 appropriations by the lower of (1) U.S. CPI or California Per Capita Income, or (2) Qty Population Growth; and WHEREAS, in June of 1990, the voters in California modified Article XI I I B to the State Constitution by approving Proposition I I I and SB 88 which allows cities to choose between the following adjustment factors when adjusting the base year appropriations:
(1) either the growth in the California per capita income and Qty (or County) population growth, or (2) the growth in the non-residential assessed valuation due to new construction within the Qty and Qty (or County) population growth; and WHEREAS, the Qty chooses to use the growth in California per capita income and Qty population growth as the factor for calculating the appropriations limit; and WHEREAS, the Qty of Indian Wells has complied with the provisions of Article XIII B in determining the appropriations limit for Fiscal Year 1990-91, Fiscal Year 1991- 92, Fiscal Year 1992-93, Fiscal Year 1993-94, Fiscal Year 1994-95, Fiscal Year 1995-96, Fiscal Year 1996-97, Fiscal Year 1997-98, Fiscal Year 1998-99, Fiscal Year 1999-00, Fiscal Year 2000-01, Fiscal Year 2001-02, Fiscal Year 2002-03, Fiscal Year 2003-04, Fiscal Year 2004-05, Fiscal Year 2005-06, Fiscal Year 2006-07, Fiscal Year 2007-08, Fiscal Year 2008- 09; Fiscal Year 2009-10; Fiscal Year 2010-11; Fiscal Year 2011-12; Fiscal Year 2012-13; Fiscal Year 2013-14; Fiscal Year 2014-15; Fiscal Year 2015-16; Fiscal Year 2016-17; Fiscal Year 2017-18; Fiscal Year 2018-19; Fiscal Year 2019-20; Fiscal Year 2020-21; Fiscal Year 2021-22; and Fiscal Year 2022-23
NOW, THEREFORE, the City Council of the Qty of Indian Wells DOES HEREBY RESOLVE that the appropriations limitation in Fiscal Year 2022-23 is hereby adopted at $110,997,347 for the Qty of Indian Wells on a provisional basis using the alternative factor of California Per Capita Income for the inflationary adjustment.

PASSED, APPROVED, AND ADOPTED by the City Council of the Qty of Indian Wells, California, at a regular meeting held on this 2nd day of June 2022. 170

City of Indian Wells
Resolution No. 2022-30

Page 2 ends

DANA REED
MAYOR
CERTI Fl CATI ON FOR RESOLUTI ON NO. 2022-30
I, Angelica Avila, City aerk of the Qty Council of the City of Indian Wells, California DO HEREBY CERTI FY 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 Qty Council of the City of Indian Wells the 2nd day of June 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY
171

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* DEPARTMENT OF Gavin Newsom • Governor
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OFFICE OF THE DIRECTOR
May 2022
Dear Fiscal Officer:
1021 0 Street, Suite 3110 ■ Sacramento CA 95814 • www.dof.ca.gov Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml .

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The prior year's city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
172

May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year
(FY)
Percentage change
over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 173

Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 County Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22
Riverside
Total
Population
1-1-2022
Banning 0.81 30,629 30,877 30,877
Beaumont 0.69 54,313 54,690 54,690
Blythe -0.74 12,845 12,750 17,505
Calimesa 3.37 10,544 10,899 10,899
Canyon Lake -0.82 11,147 11,056 11,056
Cathedral City -0.10 51,859 51,809 51,840
Coachella -0.05 42,178 42,158 42,158
Corona -0.08 156,901 156,778 156,778
Desert Hot Springs 0.07 32,546 32,569 32,569
Eastvale -0.73 70,444 69,929 69,929
Hemet -0.20 89,823 89,646 89,646
Indian Wells -0.19 4,771 4,762 4,762
Indio 0.31 88,862 89,137 89,137
Jurupa Valley -0.03 105,415 105,384 105,384
Lake Elsinore 1.02 70,746 71,470 71,615
La Quinta -0.23 37,949 37,860 37,860
Menifee 2.90 103,617 106,627 106,627
Moreno Valley -0.09 209,603 209,407 209,407
Murrieta -0.44 1 1 1,671 1 1 1,183 1 1 1,183
Norco -1.24 22,499 22,219 24,909
Palm Desert -0.17 50,976 50,889 50,889
Palm Springs -0.39 44,570 44,397 44,397
Perris -0.55 79,327 78,890 78,890
Rancho Mirage 0.92 16,650 16,804 16,804
Riverside 1.62 312,730 317,788 317,847
San Jacinto 0.17 54,503 54,593 54,593
Temecula -0.42 110,394 109,925 109,925
Wildomar -0.80 36,928 36,632 36,632
Unincorporated 0.87 393,021 396,441 396,717
County Total

0.42 2,417,461 2,427,569 2,435,525
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 174

City of Indian Wells
6/2/2022
44-950 Eldorado Drive,
Indian Wells
File #: 098-22 Item #: N.

Indian Wells City Council
Staff Report - Public Works
June 2, 2022
Supplemental Appropriation for Sidewalk Construction along Indian Wells Lane
RECOMMENDED ACTION:

DISCUSSION:

The Resort Campus at the north end of Indian Wells Lane is home to the Hyatt Resort Hotel, the Indian Wells Golf Resort (I WGR), and the Renaissance Esmerelda Resort Hotel. These venues host a variety of large events and conferences. As attendees walk from one resort to the next, they regularly walk in the street because the sidewalk system in this area is confusing and inefficient. In addition, the City received complaints from conference attendees and planners.

A few years ago, Council established the IWGR Sidewalk Improvement Project, to realign the sidewalk system and provide a safe, efficient, and convenient route for pedestrians to walk between each resort property. The project includes sidewalk construction, curb and gutter relocation, and modifications to the roadway for compliance with Handicap Access Standards. The project had been delayed due to the pandemic.

This project is within the City's right-of-way and is a City funded street improvement that does not impact the current Indian Wells Golf Resort Master Ran report discussions. The General Managers of each of the three properties were included in design discussions.

FISCAL IMPACT:

The original budget for this project is $400,000 and the total project cost is $420,497. Total project cost includes design ($45,310), Construction ($341,187), and construction contingency ($34,000).

City of Indian Wells

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Indian Wells City CouncilJune 2, 2022

Indian Wells City Council
June 2, 2022