City Council
Meeting Minutes
Thursday, June 2, 2022
1:30 PM
Welcome to a meeting of the Indian Wells City Council. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.
The June 16, 2022 City Council Meeting will be streamed via zoom/teleconference: Webinar ID 858 1881 5701 or by phone dial 1-669-900-9128. A password will be required to join the meeting, please email [email protected] to request the password prior to the meeting.
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City Hall Council Chamber
June 2, 2022City Council Meeting Minutes
1.CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Reed convened the City Council of the City of Indian Wells at 1:30 p.m. on June 2, 2022 in the City Hall Council Chamber.
Rollcall
Mayor Reed, Mayor Pro Tem Griffith, Council Member SandersPresent: 3 - Council Member BaloccoExcused: 1 -
2. APPROVAL OF THE FINAL AGENDA
Mayor Reed requested Presentation Item #4A- Proclamation Recognizing Lorne Froats 100th Birthday be presented prior to Item #3A- Council Vacancy Interviews.
A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Sanders to Approve the Agenda as Amended. The motion carried by the following vote:
NOES: 0
EXCUSED:Balocco1 -
A.Proclamation Recognizing Lorne Froats 100th Birthday
Council Member Sanders presented a proclamation recognizing Mr. Lorna Froats 100th Birthday.
3. COUNCIL VACANCY INTERVIEWS AND APPOINTMENT
AYES: 3- Reed, Griffith, Sanders
June 2, 2022City Council Meeting Minutes
A.Appointment to Fill City Council Vacancy
City Clerk Angelica Avila reported five candidates request applications be withdrawn from consideration as follows: Mr. Robert Berriman, Mr. Thomas Boragno, Ms. Claudine Gaudencio, Mr.
Doug Hanson, and Mr. Ted Mertens. Mr. Bruce Underwood, resident, questioned if the appointment would be adopted by majority vote and spoke relating to the process to fill the Council vacancy.
The City Council interviewed the following Council candidates Mr. Robert Bernheimer, Mr. Wallace Doyna, Mr. Glenn Greene, Mr. Robert Wilson, and Mr. Bruce Underwood. Mr. Ty Peabody, resident and former Council Member, spoke in support to appoint Rob Bernheimer and withdrew his application from consideration.
Mayor Pro Tem Griffith clarified applications and resumes were submitted and the Council had an opportunity to review prior to today's interviews. Council Member Sanders stated the importance in selecting a candidate that is familiar with Indian Wells and has Council experience as the vacancy will be filled for a short period.
It was determined to APPOINT Robert A. Bernheimer to fill the vacancy effective June 2, 2022; and ADOPT Resolution No. 2022-23 to read as follows:
RESOLUTION NO. 2022-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,
FILLING A VACANCY ON THE CITY COUNCIL BY APPOINTMENT PURSUANT TO GOVERNMENT CODE 36512.
A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Sanders, that this Recommendation be Adopted. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders3 -
NOES: 0
EXCUSED:Balocco1 -
B.Appointed Council Member Oath of Office
City Clerk Angelica Avila administered the Oath of Office to Council Member Robert A. Bernheimer.
4. PROCLAMATIONS AND PRESENTATIONS
B.Introduction of Indian Wells City Staff Carmin Torres and Jesse Jimenez
City Manager Christopher Freeland introduced new Indian Wells staff Office Assistant Carmin Torres and Planning Technician Jesse Jimenez.
June 2, 2022City Council Meeting Minutes
C.Energy Efficient Project Update by SitelogIQ Representative Josh Steeber
Mr. Josh Steeber, Sitelogiq Consultant, provided a progress report for the energy efficient project in Indian Wells and next steps being implemented.
5. PUBLIC COMMENTS
Mr. Glenn Schubert, resident, expressed concerns relating to Pacaso co-ownership and other similar uses. Mr. Doug Hanson, resident and former Council Member, expressed concerns relating to City Council term limits and read letter written by Mr. Bruce Whitman.
6. CITY MANAGER'S REPORTS
City Clerk Angelica Avila reported Government Code 10220.5 provides a provision for a candidate to select and file for one municipal office or term of office for the same municipality in the same election.
City Manager Chris Freeland reported Highway 111 and Miles has compiled dirt at the Brixton site as part of the overall expansion of the property and the project is in design stages. He reported there is interest at the Ralph's site and property owner's are in negotiations to fill the spot with a tenant. He reported Indian Wells Tennis Garden is constructing an additional sod farm, relocating ticket booths, and in 2024 will continue to conduct improvements that include permanent stadiums. He stated Consent Item #8N- supplemental appropriation for sidewalk construction along Indian Wells Lane be pulled from the consent agenda.
7. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported contacting the City Attorney for the City of Palm Desert and Palm Springs regarding exploring a joint effort to regulate Pacaso co-ownership and similar uses.
8. CONSENT CALENDAR
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 It was determined to ADOPT Ordinance No. 738 to read as follows:
ORDINANCE NO. 738
AN ORDINANCE OF THE CITY OF INDIAN WELLS, CALIFORNIA, 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.
This Ordinance was Adopted.
June 2, 2022City Council Meeting Minutes
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
It was determined to ADOPT Ordinance No. 739 to read as follows:
ORDINANCE NO. 739
AN 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.
This Ordinance was Adopted.
C.Ordinance Replacing Chapter 8.16 of the Municipal Code Regarding Trees and Shrubs and Finding the Action to be Exempt from CEQA
It was determined to ADOPT Ordinance No. 740 to read as follows:
ORDINANCE NO. 740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, REPLACING CHAPTER 8.16 OF THE CITY OF INDIAN WELLS MUNICIPAL CODE REGARDING TREES AND SHRUBS.
This Ordinance was Adopted.
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
It was determined to ADOPT Ordinance No. 741 to read as follows:
ORDINANCE NO. 741
ADDING SECTION 12.03 OF THE MUNICIPAL CODE TO ESTABLISH A PAVEMENT CUT MORATORIUM; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.
This Ordinance was Adopted.
June 2, 2022City Council Meeting Minutes
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
It was determined to ADOPT Ordinance No. 742 to read as follows:
ORDINANCE NO. 742
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING INDIAN WELLS MUNICIPAL CODE SECTIONS 21.06.100 AND 21.10.030 TO STREAMLINE PUBLIC
HEARING NOTICE PROCEDURES FOR THE DEVELOPMENT AND ZONING MATTERS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.
This Ordinance was Adopted.
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
It was determined to ADOPT Ordinance No. 743 to read as follows:
ORDINANCE NO. 743
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADDING SECTION 1.16.030 TO THE MUNICIPAL CODE TO ADDRESS APPLICATION-PROCESSING AND CODE VIOLATIONS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.
This Ordinance was Adopted.
G.Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid (i.e., In-Person and Teleconference/Virtual) Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361 It was determined to APPROVE remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZE City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.
This Recommendation was Approved.
June 2, 2022City Council Meeting Minutes
H.Voting Delegate to Annual League Conference in Sacramento It was determined to DESIGNATE 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.
This Recommendation was Approved.
I.Resolution in Support of Ocean Water Import for the Salton Sea It was determined to ADOPT Resolution No. 2022-34 to read as follows:
RESOLUTION NO. 2022-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,
DECLARING ITS CONTINUED SUPPORT FOR A COMPREHENSIVE ANALYSIS OF ALL WATER
IMPORT ALTERNATIVES AND A REQUEST THAT THE INDEPENDENT REVIEW PANEL HAVE
POTENTIAL CARBON EMISSIONS CONSIDERED DURING THE COMPREHENSIVE FEASIBILITY
ANALYSIS AS PART OF THE LONG-TERM SOLUTION FOR THE RESTORATION OF THE SALTON SEA.
This Recommendation was Adopted.
K.City Council Golf Resort Ad-Hoc Committee
It was determined to AUTHORIZE the formation of a Golf Resort Ad-Hoc Committee comprised of Mayor Pro Tem Griffith and Council Member Sanders.
This Recommendation was Approved.
L.Professional Auditing Services Contract
It was determined to APPROVE five-year contract with Davis Farr for Professional Auditing Services.
This Recommendation was Approved.
M.City’s Appropriation Limitation for Fiscal Year 2022-23 It was determined to ADOPT Resolution No. 2022-30 to read as follows:
RESOLUTION NO. 2022-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2023.
This Recommendation was Adopted.
Approval of the Consent Agenda
A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Sanders to Approve the Consent Agenda. The motion carried by the following vote:
June 2, 2022City Council Meeting Minutes
AYES:Reed, Griffith, Sanders, Bernheimer4 -
NOES: 0
EXCUSED:Balocco1 -
N.Supplemental Appropriation for Sidewalk Construction along Indian Wells Lane
This Recommendation was Withdrawn.
J.Annual Appointments to Commission, Committees, and Boards Mayor Pro Tem Griffith thanked all the applicants and encouraged residents to continue to apply.
Council Member Bernheimer stated he would abstain from the vote due to not being a part of the interview and selection process.
It was determined to APPOINT the following residents to serve on the various City Commissions, Committees, and Boards commencing on July 1, 2021 as follows:
Community Activities Committee: Mr. Glenn Schubert two-year term ending on June 30, 2024; Ms.
Kay Hillery, Ms. Cheryl Gaines, and Ms. Sydney Jones for one-year terms ending on June 30, 2023; Golf Resort Advisory Committee: Ms. Mike Finnell, Mr. Gordon Johnson, and Mr. Toper Taylor two-year terms ending June 30, 2024;
Grants in Aid Committee: Ms. Julie Bernstein two-year term ending June 30, 2024; Joslyn Senior Center Board of Directors: Ms. Linda Blank two-year term ending June 30, 2024; Planning Commission: Mr. Nicholas Conway, Mr. John Schleimer, and Mr. Ken Welch.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith, that this Recommendation be Approved. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders3 -
NOES: 0
ABSTAIN:Bernheimer1 -
EXCUSED:Balocco1 -
9. PUBLIC HEARINGS
June 2, 2022City Council Meeting Minutes
A.Residential and Commercial Rates for Refuse Collection and Recycling Services and Annual Levy of Residential Parcels Mayor Reed opened the public hearing at 2:22 p.m. to hear testimony in favor of or against Resolution No. 2022-32; hearing none, Mayor Reed closed the public hearing.
It was determined to ADOPT Resolution No. 2022-32 to read as follows:
RESOLUTION NO. 2022-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA,
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.
A motion was made by Council Member Sanders, seconded by Bernheimer, that this Recommendation be Adopted. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders, Bernheimer4 -
NOES: 0
EXCUSED:Balocco1 -
B.City Developer Fee Updates
Mayor Reed opened the public hearing at 2:25 p.m. to hear testimony in favor of or against recommendation; hearing none, Mayor Reed closed the public hearing.
It was determined to AMEND the City’s Developer Fees as presented in the Development Impact Fee Nexus Study.
A motion was made by Council Member Sanders, seconded by Bernheimer, that this Recommendation be Approved. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders, Bernheimer4 -
NOES: 0
EXCUSED:Balocco1 -
June 2, 2022City Council Meeting Minutes
C.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)
Council Member Bernheimer stated he was alerted by the City Attorney of a potential conflict as the Housing Element site locations proposed is close to a parcel that is less than 1000 ft and more than 500 ft from his residence and will recuse himself from the discussion.
Mayor Reed opened the public hearing at 2:40 p.m. to hear testimony in favor of or against Resolution No. 2022-31; hearing none, Mayor Reed closed the public hearing.
It was determined to ADOPT Resolution No. 2022-31 to read as follows:
RESOLUTION NO. 2022-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 2022-01 FOR THE 6TH CYCLE 2021-2029 HOUSING ELEMENT AND FINDING THE PROJECT TO BE EXEMPT FROM CEQA.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith, that this Recommendation be Adopted. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders3 -
NOES: 0
ABSTAIN:Bernheimer1 -
EXCUSED:Balocco1 -
10. GENERAL BUSINESS
A.Supplemental Appropriation for Indian Wells Holiday
Experience
Mayor Reed requested City staff calculate the 5% transient occupancy tax increase during the holiday experience time frame.
It was determined to AUTHORIZE to finalize the Indian Wells Holiday experience; and APPROVE a supplemental appropriation of the Indian Wells Holiday experience in the amount of $70,000.
A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Sanders, that this Recommendation be Approved. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders, Bernheimer4 -
June 2, 2022City Council Meeting Minutes
NOES: 0
EXCUSED:Balocco1 -
11. COUNCIL MEMBERS' REPORTS AND COMMENTS
A. Council Member Balocco
No report, excused from meeting.
B. Council Member Sanders
Council Member Sanders reported Visit Greater Palm Springs tourism indicated a record breaking occupancy in the Coachella Valley with a daily rate over $200. He expressed the importance of continuing to attract tourism in Indian Wells as 70% the City's budget comes from transient occupancy tax.
C. Mayor Pro Tem Griffith
Mayor Pro Tem Griffith reported Golf Resort Advisory Committee had a presentation by Stonecreek partners relating to the Master Plan Report and informed there would be more community meetings relating to the report in the future. She reported Community Activities Committee reviewed last seasons events and are planning on a cocktail party at the Indian Wells Golf Resort Vue Restaurant on June 29, 2022 from 4:00 p.m.-5:30 p.m. She reported new Committee resident members will all be working on next years calendar of events. She reported receiving positive emails relating to City's Indian Wells newsletter and thanked staff.
Council Member Bernheimer
Council Member Bernheimer thanked the Council for the opportunity and looks forward to working with the Council for the next six months.
D. Mayor Reed
Mayor Reed reported Riverside County Transportation Commission hosted a ribbon cutting for the grand opening of Route 60 lanes. He stated with the improvements the road is safer. He reported Sunline Transit Agency continues to have labor issues and the labor contract was not ratified by its members. He requested to excuse Council Member Balocco from today's meeting.
It was the CONSENSUS of the City Council to excuse Council Member Balocco from today's meeting.
June 2, 2022City Council Meeting Minutes
12. ADJOURNMENT
At 3:02 p.m., Mayor Reed ADJOURNED the City Council meeting to a special scheduled meeting of the City Council to be held at 1:30 p.m. on June 8, 2022 in the City Hall Council Chamber.
Respectfully Submitted,
_____________________________
Angelica Avila, CMC
City Clerk
This council meeting may be viewed on the City's website at http://www.cityofindianwells.org/cityhall/citycouncil/viewmeetings.asp and the complete agenda packets are available on the City's website at http://www.cityofindianwells.org/cityhall/cagaends.asp