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Special Council
Meeting Minutes
Wednesday, June 8, 2022
1:30 PM
44950 Eldorado Drive, Indian Wells
June 8, 2022Special Council Meeting Minutes
1. CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Reed convened the Special Meeting of the City Council of the City of Indian Wells at 1:30 p.m. on June 8, 2022 in the City Hall Council Chamber and Videoconference.
Mayor Reed, Mayor Pro Tem Griffith, Council Member Sanders, Council Member Balocco, Council Member Bernheimer
Present: 5 -
2. APPROVAL OF THE FINAL AGENDA
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith to Approve the Agenda as Submitted. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders, Balocco, Bernheimer5 -
NOES: 0
3. PUBLIC COMMENTS
No public comments.
4. CONSENT CALENDAR
A.Resolution Approving Tentative Parcel Map 38283 and Variance 2022-02 to Subdivide an Existing 1.42 Acre Commercial Lot into Two Commercial Lots Located at 74750 Highway 111 (APN
625-050-064) within The Indian Wells Village Plaza, and Adoption of Associated Negative Declaration (SCH#
2022030479) in Accordance with the California Environmental Quality Act (CEQA)
It was determined to ADOPT Resolution No. 2022-35 to read as follows:
RESOLUTION NO. 2022-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38283 (A REQUEST TO SUBDIVIDE A 1.7 ACRE SITE INTO TWO COMMERCIAL LOTS WITHIN THE INDIAN WELLS VILLAGE PLAZA), VARIANCE 2022-02 (A REQUEST
TO WAIVE MINIMUM LOT DEPTH REQUIREMENT FOR COMMERCIAL LOTS), AND ADOPT THE ASSOCIATED NEGATIVE DECLARATION FOR CEQA (SCH #2022030479) SUBJECT TO THE CONDITIONS OF APPROVAL.
A motion was made by Council Member Balocco, seconded by Council Member Sanders, to Approve the Consent Agenda. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer NOES: 0
5. PUBLIC HEARINGS
June 8, 2022Special Council Meeting Minutes
A.Modification to Conditional Use Permit 2-78-1 and Zone Text Amendment 2022-01 for Second Story Addition and Remodel to Desert Horizons Clubhouse, Including Renovations to Existing Tennis Court and Pickleball Complex, New Resort Pool Area, and Modifications to Front Entry Gatehouse, Water Feature and Landscaping, and Finding the Project to be Exempt from the California Environmental Quality Act
Mayor Reed opened the public hearing at 1:50 p.m. to hear testimony in favor of or against Resolution No. 2022-33.
Ms. Lee Clancy, resident, spoke in support of the proposed project and thanked the Council for holding special meeting to consider the item for approval.
At 1:52 p.m., Mayor Reed closed the hearing.
It was determined to FIND the Project to be Exempt from the provisions of the California Environmental Quality Act ("CEQA"); and
ADOPT Resolution No. 2022-33 to read as follows:
RESOLUTION NO. 2022-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2-78-1, AND ZONE TEXT AMENDMENT NO. 2022-01 FOR SECOND STORY ADDITION AND REMODEL TO DESERT
HORIZONS CLUBHOUSE, RENOVATIONS TO EXISTING TENNIS COURT AND PICKLEBALL
COMPLEX, ADDITION OF NEW RESORT POOL AND MODIFICATIONS TO FRONT ENTRY
GATEHOUSE, WATER FEATURE, AND LANDSCAPING, AND RECOMMNEDING THESE ACTION BE FOUND EXEMPT FROM CEQA PURSUANT TO SECTION 15301(E), EXISTING FACILITIES;and
INTRODUCE Ordinance No. 744 to read as follows:
ORDINANCE NO. 744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING SUBSECTION 21.14.020(a) OF THE INDIAN WELLS ZONING CODE, REGARDING PLANNING AREA 2 (DESERT HORIZONS/COOK STREET AREA); AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.
A motion was made by Balocco, seconded by Council Member Sanders, that this Recommendation be Adopted. The motion carried by the following vote:
AYES:Reed, Griffith, Sanders, Balocco, Bernheimer5 -
NOES: 0
June 8, 2022Special Council Meeting Minutes
6.GENERAL BUSINESS
No general business items.
7. CLOSED SESSION
At 1:56 p.m., Mayor Reed recessed the City Council to a Closed Session to discuss items listed on the agenda. Mayor Reed reconvened to an open session at 3:35 p.m.
A.Conference with Legal Counsel Regarding
Anticipated-Litigation-Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). Two (2) or More
Cases. Potential Cases.
City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
B.Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): Michael Ydigoras, et al vs., City of Indian Wells et al., Riverside County Superior Court, Case No. CVPS2104790.
City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
C.Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): People of the State of California, et al v. Ed Yawitz et al., Case No.
CVPS2101656.
City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
D.Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): Parsons v. City of Indian Wells et al, Riverside County Superior Court, Case No. PSC 2002777; Parsons v. City of Indian Wells,
Riverside County Superior Court, Case No. PSC 1083120
City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
June 8, 2022Special Council Meeting Minutes
8. ADJOURNMENT
At 3:38 p.m. Mayor Reed ADJOURNED the Special Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on June 16, 2022 via Videoconference.
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