CITY COUNCIL
Meeting Agenda
Thursday, September 15, 2022
1:30 PM
Council Chamber and Remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)
44950 Eldorado Drive, Indian Wells
Welcome to a meeting of the Indian Wells City Council. The meeting will be held in person and via Zoom/Teleconference: Webinar ID 899 2423 7474 or by phone dial 1- 669-900 9128. A password will be required to join the Zoom meeting, please [email protected] or call City Hall at (760) 346-2489 to request password prior
to the meeting.
Public Comments: Members of the Public who wish to speak should fill out a blue slip and submit it to the City Clerk, comments are limited to 3 minutes. In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction.
Notification: If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA) please contact the City Clerk at 760-346-2489, 48 hours prior to the meeting.
Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) during Council proceedings. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.
Pages
A.CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF
ALLEGIANCE AND ROLL CALL
B.APPROVAL OF THE FINAL AGENDA
C.PROCLAMATIONS AND PRESENTATIONS
C.1.Introduction of New Indian Wells Special Enforcement Team Deputy John Mitroff
D.PUBLIC COMMENTS
Members of the Public who wish to speak on items not listed on the agenda or consent items may do so at this time. Public Comments are limited to 3 minutes. Speakers will be alerted when their time is up and no further comments will be permitted.
To address the Council during the virtual live session via zoom, please use the “raise your hand” function on zoom in order to be recognized by the City Clerk in order to provide comments in real time.
Please note that while the City Council values your comments, the Council cannot respond nor take action on matters not listed on the agenda until the matter may appear on the forthcoming agenda.
E.CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief
announcements, informal comments, or brief the Council on items of interest.
F.CITY ATTORNEY REPORTS AND COMMENTS
G.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 request specific items be removed from the Consent Calendar for separate discussion and action.
City Council Meeting Agenda - September 15, 2022
G.1.Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
9 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.
G.2.Request to Sponsor the Association of Fundraising Professionals Event
11 Recommended Action:
Council APPROVES the sponsorship request for the Annual National Philanthropy Day Event held November 4, 2022, at the Renaissance Esmeralda Resort & Spa in Indian Wells in the amount of $1,500; and
AUTHORIZES the attendance of Council Members to the event.
G.3.Indian Wells Home Security Rebate and the Crime Prevention Through Environmental Design Program Updates
15 Recommended Action:
Council RECEIVES and FILES the Indian Wells Home Security Rebate Program Update.
G.4.City Council Liaison to the Indian Wells Historic Preservation Foundation
17 Recommended Action:
Council SELECTS Mayor Pro Tem Donna Griffith to serve as the City’s non-voting liaison to the Indian Wells Historic Preservation Foundation.
City Council Meeting Agenda - September 15, 2022
G.5.Shots in the Night Entertainment Improvements 18
Recommended Action:
Council APPROVES improvements to the Shots in the Night entertainment program at the Indian Wells Golf Resort; and AUTHORIZES supplemental appropriation of $100,000 to fund said improvements.
G.6.Sponsorship Request for the 2022 Margaritaville USA Pickleball National Championships
26 Recommended Action:
Council CONSIDERS the sponsorship request for the 2022 Margaritaville USA Pickleball National Championships event held in the Indian Wells Tennis Garden; and
AUTHORIZES City Manager to negotiate and execute a sponsorship agreement with the Indian Wells Tennis Garden.
G.7.Resolution Approving Tentative Parcel Map No. 38396 to Subdivide an Existing 1.2 Acre Residential Lot into Two New Single-Family Lots Located within The Eldorado Country Club at 46310 Amethyst Drive (APN: 623-222-027)
31 Recommended Action:
Council FINDS the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions; and
ADOPTS Resolution No. 2022-35 approving Tentative Parcel Map No. 38396 for the subdivision of an existing 1.2-acre residential parcel within the Eldorado County Club into two separate residential parcels for property conveyance purposes.
G.8.August 3, 2022, Special Council Meeting Minutes 56
Recommended Action:
Council APPROVES the August 3, 2022, Special Council Meeting Minutes.
City Council Meeting Agenda - September 15, 2022
G.9.City Treasurer’s Report for July 2022 62
Recommended Action:
Council RECEIVES and FILES the City Treasurer’s Report for July 2022.
H.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.
H.1.Resolution Approving Modification No. 5 to Condition Use Permit 2- 79-4 to include outdoor retail sales and monthly special events for Sprouts Grocery Store or any Grocery Successor in the Village I Shopping Center (APN: 625-150-010 & 625-150-009)
79 Recommended Action:
Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption; and
ADOPTS Resolution No. 2022-36 approving Modification No. 5 to Conditional Use Permit 2-79-4 to include outdoor retail sales and monthly special events herein for Sprouts Grocery Store (“Tenant”) or any Grocery Store (“Successor Tenant”) in the Village I Shopping Center.
City Council Meeting Agenda - September 15, 2022
I.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.
I.1.Resolution to Amend Ticket Distribution Policy to Conform with Regulation as Amended by the Fair Political Practices Commission 94 Recommended Action:
Council ADOPTS Resolution to amend Distribution of City-Controlled Tickets to City Officials Policy to conform with Regulation 18944.1 and other FPPC Regulations as amended; and
APPROVES the removal of existing and conflicting ticket distribution policies.
I.2.Procedures for Expediting Permit Processing for Electric Vehicle Charging Stations
110
Recommended Action:
Council INTRODUCES Ordinance to be read by title only and further reading waived adding Chapter 15.110 to Title 16 of the Indian Wells Municipal Code relating to an expedited, streamlined permitting process for electric vehicle charging stations; and FINDS Ordinance is not subject to CEQA because it is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations.
I.3.Golf Resort Dedication Plaque 119
Recommended Action:
Council REVIEWS and PROVIDES direction on design options; and APPROVES supplemental appropriations for project costs.
J.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.
City Council Meeting Agenda - September 15, 2022
J.1.Review of the Resident Golf Amenity Fee Calculation 120 Recommended Action:
Council REQUESTS the Indian Wells Golf Resort Ad-Hoc Committee review the resident golf amenity fee calculation and report to the City Council.
J.2.COUNCIL MEMBER BERNHEIMER
Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities
Indian Wells Golf Resort Advisory Committee
J.3.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
J.4.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
J.5.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
City Council Meeting Agenda - September 15, 2022
J.6. 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
K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on October 6, 2022 in the City Hall Council Chamber and Videoconference.
Affidavit of Posting,
I, Angelica Avila, certify that on September 9, 2022 I caused to be posted a notice of a City Council Meeting to be held on September 15, 2022 at 1:30 p.m. in the City Hall Council Chamber and
Zoom/Teleconference.
Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
________________________
Angelica Avila, City Clerk
City Council Meeting Agenda - September 15, 2022
From:
To:Angelica Avila
Subject:Comment for city Council
Date:Wednesday, September 7, 2022 11:53:52 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Hi Angelica,
We would appreciate you passing this message on to the City Council for discussion at their next meeting.
We would like the city of Indian Wells to partner with the Coachella Valley Water District in their rebate program to convert to desert landscape. As we move forward, this issue of water conservation should be on the forefront of all municipalities. Our city, along with others, could set the model for assisting their citizens in this conversation to more conservative watering practices.
We appreciate your thoughtful consideration on this issue.
Kind regards,
Steve & Karin Farrar
09/15/2022 Summited Written Comment:
Non-Agenda Item
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
RECOMMENDED ACTION:
Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.
BACKGROUND:
All meetings legislative bodies of the City are subject to the Ralph M. Brown Act (Gov.
Code §§ 54950 et seq.), and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.
On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following: (1) a statewide state of emergency is currently in place; and (2) state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.
Continued compliance with AB 361 will require the City Council to approve the action making the required findings every 30 days (or at the next Council meeting, if greater than 30 days).
Analysis:
The Governor has proclaimed a state of emergency in response to the ongoing COVID - 19 pandemic. The state of emergency currently remains in effect. Further, State officials — including the California Department of Public Health — and local officials have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Accordingly, both of the above-referenced findings required by AB 361 exist.
The City Council recognizes that a person’s ability to attend and participate in person might change suddenly, depending on the person’s exposure to the virus, or changes in the person’s own health and vulnerability to infection. The Council recognizes that members of the public, and from time-to-time, members of the Council and of other City legislative bodies, as well as City staff might need to or might feel more comfortable attending meetings virtually in light of the ongoing COVID-19 pandemic and the manner in which circumstances surrounding the pandemic, including the impact on individual and public health, may rapidly change. Accordingly, the City Council thus desires to allow for virtual or hybrid (in-person and virtual) meetings of all the City’s legislative bodies in order to both ensure the health and safety of the public, City officials, and City staff, as well as continuity of government in allowing regularly scheduled meetings to continue to occur without unanticipated interruption.
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Manager
Prepared by: Angelica Avila, City Clerk
Subject: Request to Sponsor the Association of Fundraising Professionals Event
RECOMMENDED ACTION:
Council APPROVES the sponsorship request for the Annual National Philanthropy Day Event held November 4, 2022, at the Renaissance Esmeralda Resort & Spa in Indian Wells in the amount of $1,500; and
AUTHORIZES the attendance of Council Members to the event.
DISCUSSION:
The City received an invitation to the Annual National Philanthropy Day event held on November 4, 2022 at the Renaissance Esmeralda Resort & Spa in Indian Wells. The Association of Fundraising Professional’s Desert Communities Chapter hosts this yearly award luncheon honoring philanthropic giving and volunteering in our local communities.
Council Member Balocco expressed interest in participating at this year’s event. As part of the City’s efforts to support charitable events held in Indian Wells, the Cou ncil established a line item in the budget in the amount of $6,000 to support such events.
The Sponsorship request and description of the event is attached.
FISCAL IMPACT:
Funds are available in the FY 2022-23 Budget for this event and a supplemental appropriation is not necessary.
ATTACHMENTS:
1. Sponsorship Program
SPONSORSHIP OPPORTUNITIES
P R O G R A M A D V E R T I S I N G
NPD2O22
ATTACHMENT #1
JOIN US AS A 2022 SPONSOR,
ADVERTISER & LUNCHEON ATTENDEE
AFP CA, DESERT COMMUNITIES CHAPTER is a professional association of fundraising professionals, nonprofit organization staff and volunteers, and allied professionals committed to advancing effective and ethical fundraising. Visit www.afpcadesert.org for information about AFP Membership and monthly networking and educational programs which are open to everyone.
We invite you to JOIN US TODAY in support of AFP’s 16th Annual National Philanthropy Day in the Desert (NPD) which offers the entire Coachella Valley community the opportunity to come together and reflect on the true meaning of philanthropy, defined as love of humankind.
At this perennially sold-out event, more than 1,000 online attendees will honor and celebrate dedicated individuals, foundations and corporations who inspire others by their devotion to philanthropic giving and volunteering. The Honorees truly inspire others to “give back” and extend the circle of giving that enriches us all.
How can you help and be part of National Philanthropy Day in the Desert? 1 PLEDGE YOUR COMMITMENT to be a Virtual Table Sponsor ($1,200), Virtual Luncheon Sponsor ($2,500), Awards Sponsor ($5,000) or Presenting Sponsor ($15,000). To maximize your sponsorship benefits, advise us before August 15. For information, contact the Sponsorship Committee Chair at [email protected].
2 RESERVE AD SPACE in the event program prior to September 2. Ads sizes are full-page ($500) or half-page ($300). For information, contact the Tribute Book Chair at [email protected]. 3 SAVE THE DATE and plan now to attend the Live Online Event with friends, nonprofit colleagues and business associates. Although the event will be open to everyone at no charge, please consider making a donation of $75 or more by contacting the NPD Sponsorship Committee Chair at [email protected].
2007- 2021 NPD HONOREES
OUTSTANDING PHILANTHROPIST
2007 Jackie Lee & Jim Houston
2008 Peggy & Don Cravens
2009 Donna & Cargill MacMillan, Jr.
2010 Harold Matzner
2011 Helene Galen
2012 Annette Bloch
2013 Jean C. Carrus
2014 Patrick & Edeltraud McCarthy
2015 JoAnn McGrath
2016 Diane & Harry Rinker
2017 Harry & Joy Goldstein
2018 Jill & Barry Golden
2019 James & Carol Egan
2020 Tim & Carol Rochford
2021 Linda Rider
OUTSTANDING FOUNDER OF A
COACHELLA VALLEY NONPROFIT
2012 Gloria Gomez & Claudia Castorena (Galilee Center) 2013 Mika Moulton (Christopher’s Clubhouse)
2014 Ruth Moir (The Steinway Society)
2015 Gloria Greer (ACT For Multiple Sclerosis)
2016 Christy Porter (Hidden Harvest)
2017 Connie Golds (Desert Best Friend’s Closet)
2018 Roberta Klein (Read With Me)
2019 Jo Rosen (Parkinson’s Resource Organization)
2020 Selby Dunham (BIGHORN Behind A Miracle - BAM)
2021 Armando Ehrenzweig (Get in Motion Entrepreneurs)
OUTSTANDING PHILANTHROPIC FOUNDATION
OR CIVIC/SERVICE ORGANIZATION
2007 The Coeta and Donald Barker Foundation
2007 The Rotary Club of Rancho Mirage
2008 H.N. & Frances C. Berger Foundation
2009 The Champions Volunteer Foundation
2010 Irene W. and Guy L. Anderson Children’s Foundation 2011 Desert Classic Charities
2012 Humana Foundation
2013 Bank of America
2014 Palm Desert Rotary Foundation
2015 The Community Foundation
2016 Jewish Federation of the Desert
2017 Palm Springs Pathfinders
2019 Regional Access Project (RAP) Foundation
OUTSTANDING YOUTH IN PHILANTHROPY
2008 Pegasus/Club Kids
2009 Nora Hammond
2010 National Charity League, Inc.
2018 Coachella Valley Youth Grantmakers
2019 Keystone Club, Boys & Girls Club of Palm Springs
2020 Leo Milmet
2021 Solange Signoret
OUTSTANDING PHILANTHROPIC
CORPORATION
2007 Palm Desert National Bank
2008 Family Development
2009 Prime Time International
2010 Wells Fargo
2011 Desert Regional Medical Center
2012 Rabobank, N.A.
2013 Integrated Wealth Management
2014 Burrtec Waste & Recycling Services
2015 Eisenhower Medical Center
2016 BIGHORN Golf Club Charities
2017 Hot Purple Energy
2018 Walter Clark Legal Group
2020 Agua Caliente Band of Cahuilla Indians
2021 Agape Salon & Spa
OUTSTANDING FUNDRAISING
VOLUNTEER
2007 Judd Hadley
2008 Robert Fey
2009 Michael O’Keefe
2010 Barbara Keller
2011 Marshall Pearcy & Douglas Woodmansee
2012 Tim Esser
2013 Terri Ketover
2014 Janice Oliphant
2015 Michael Childers
2016 Sandra Cooper Woodson
2017 Dr. James & Lorraine Brinton
2018 Patrick Evans
2019 Sally Berger
2020 Sue Townsley
2021 Dawn Rashid
OUTSTANDING FUNDRAISING
PROFESSIONAL
2008 Colette M. Murray, JD, ACFRE
2010 Coleen J. McBride
2011 R. Scott Schroeder, CFRE
2012 Sue Knollenberg, CFRE
2013 Paula Kennedy
2014 Louise C. Cummings, CFRE
2015 Jan Hawkins
2016 Sarah G. Clapp
2017 Terri Bona
2018 Tim Evans, CFRE
2019 Judi Olivas
2020 Elizabeth (Liz) Chambers
2021 Gailya Brown
NPD2O22NOVEMBER 4, 2022
RENAISSANCE ESMERALDA RESORT & SPA, INDIAN WELLS
Hosted by the Association of Fundraising Professionals, CA, Desert Communities Chapter
NPD2O21 SPONSORS
EVENT MEDIA SPONSORS
V I R T UA L TA B L E S P O N S O R S
College of the Desert Foundation | James & Carol Egan | First Foundation Bank Inland Empire Community Foundation | Donna MacMillan | Parkinson’s Resource Organization
PA R T N E R S I N P H I L A N T H R O P Y
Adult Health & Fitness Today | The Associates of IAF | Big Hearts for Little Hearts Desert Guild BIGHORN Golf Club | Boo2Bullying | City of Palm Desert | Desert Arc | Dezart Performs Friends of Dawn Rashid (Angie, Dirk, Jill, Josh, Lizette) | Friends of Dawn Rashid (Don, Linda, Sandy, Steven) Gayle Hodges | Idyllwild Arts Academy & Summer Program | McCallum Theatre | Olive Crest Palm Springs Pathfinders | PS Concerts | Dawn Rashid | Rashid Family | Linda & Manny Rider Carol & Tim Rochford | Silvia & Tony Signoret
P R E S E N T I N G S P O N S O R
Patti Grundhofer
AWA R D S S P O N S O R S
BERGER FOUNDATION
H.N. and Frances C.
V I R T UA L LU N C H E O N S P O N S O R S
Edeltraud M. McCarthy
R E C E P T I O N S P O N S O R S
Jack Alotto & Dale Smith
P R E S E N T I N G N E W S PA P E R
& D I G I TA L M E D I A S P O N S O R
P R E S E N T I N G M AG A Z I N E & V I R T UA L M E D I A S P O N S O R
E XC LU S I V E R A D I O M E D I A S P O N S O RE XC LU S I V E T V M E D I A S P O N S O R
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Manager
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Indian Wells Home Security Rebate and the Crime Prevention Through Environmental Design
Program Updates
RECOMMENDED ACTION:
Council RECEIVES and FILES the Indian Wells Home Security Rebate Program Update.
DISCUSSION:
At the April 21, 2022, City Council meeting, the City Council discussed several public safety initiatives to improve safety in the community, including the creation of a Home Security Rebate Program and promotion of the newly developed CSO Crime Prevention Through Environmental Design (CPTED) Program.
Summary of Programs and Results
To receive a rebate, Indian Wells residents are asked to complete an application, submitting proof of ownership, payment, and installation of a security device of their choosing. The rebates cover 50% of the purchase price of a single device, up to $100.
This Program saw the allocation of $20,000 to the budget to cover these costs.
The Program information and application was posted to the City Website, and was announced via eBlast on June 13, with the City accepting applications beginning July 1.
Information about both Programs was also distributed through the City’s #IWFastFact social media campaign.
Over the first two months of the Program, from July 1 through August 31, the City has received and processed 44 applications (less than 1% of all Indian Wells households), resulting in a total of $3,454.80 in rebates being distributed to Indian Wells residents (17.27% of the funds allocated), with an average rebate of $78.52.
Over the same period, the Sheriff’s Department reports having conducted 10 CPTED Assessments at the request of Indian Wells residents.
Staff are working with Tripepi Smith to continue to notify residents of these Programs in the hope we will see an increase in participation as residents return for the Season.
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Manager
Prepared by: Chris Freeland, City Manager
Subject: City Council Liaison to the Indian Wells Historic Preservation Foundation
RECOMMENDED ACTION:
Council SELECTS Mayor Pro Tem Donna Griffith to serve as the City’s non-voting liaison to the Indian Wells Historic Preservation Foundation.
DISCUSSION:
Indian Wells Historic Preservation Foundation (IWHPF) - a 501(c)(3) charitable organization was formed in December 2001 and incorporated in March 2002. The mission of the IWHPF is to prevent the vanishing of Indian Wells’ history. The organization's goal is to designate, preserve, and maintain historical sites and memorabilia in Indian Wells for the benefit and enjoyment of future generations. The IWPFH is active in collecting, preserving, and maintaining memorabilia and important records of the community. The IWHPF also coordinates community events and activities celebrating the history of Indian Wells.
The City of Indian Wells has been an avid supporter of the IWHPF. Recently, the IWHPF expressed interest to have a member of the City Council serve as a non-voting liaison to their Foundation Board. The liaison will attend monthly board meetings and provide regular updates to the City Council and the community during City Council meetings.
Mayor Pro Tem Donna Griffith has indicated that she wishes to be appointed to serve as the City Council’s liaison to the IWHPF.
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: Indian Wells Golf Resort
Prepared by: Kevin McCarthy, City Finance Director
Subject: Shots in the Night Entertainment Improvements
RECOMMENDED ACTION:
Council APPROVES improvements to the Shots in the Night entertainment program at the Indian Wells Golf Resort; and
AUTHORIZES supplemental appropriation of $100,000 to fund said improvements.
DISCUSSION:
The Finance Committee met on September 6, 2022, to consider specific improvements to the Shots in the Night entertainment program at the Indian Wells Golf Resort. While still golf-centric, Golf Resort Staff see opportunities to expand the “entertainment” portion of Shots in the Night to capture additional revenues from families, hotel guests, and groups wanting more than laser putting.
Prior to the September 6, 2022 presentation, the Finance Committee required Golf Resort Staff to develop a Return-on-Investment analysis or ROI based on modest growth (the ROI is attached). The improvement costs being considered today are expected to pay for themselves during the first twelve to eighteen months of operation. As a result, the bottom-line net profit is expected to be 20% of gross revenues.
Improvement Concept
Utilizing the “Toptracer” technology, Shots in the Night will be transformed into a full- time, seasonal outlet operating with impunity from the variances presented by the weather, such as wind and direct sunlight. A Toptracer Range is the ultimate practice tool, taking the guesswork out of range sessions by offering an engaging, data -driven experience that appeals to everyone.
Toptracer Range features several modes and games, much like Topgolf. For the serious golfer looking to focus on practice, there is the driving range and "What's In Your Bag." They track total distance, carry, ball speed, launch, and hang time.
For driving range operators, Toptracer Range is transforming their business, attracting new guests, retaining current members, and boosting revenue streams across its facility.
In addition, Toptracer Range is revolutionizing the industry by making technology once considered exclusive to the pros accessible—and enjoyable—to all.
To further enhance the “entertainment experience,” Shots in the Night will feature additional family/hotel guest/group attractions and culinary themes.
BBQ culinary theme with seating
Quality F&B experience including smokers, grills creating an immersive experience Special Theme nights (TBD)
Sports-centric presence via television & giant screen projections Croquet, Lawn darts, Mega Chess, Pool table soccer, Giant Jenga, Giant Connect Bands, DJ, interactive karaoke
Consistency with the Master Plan
Staff assessed the Shots in the Night entertainment strategy with Stone Creek and received complete support to move with the improvements. Diversifying revenue streams at the Golf Resort is an essential metric in the Master Plan . In Stone Creek’s view, the Shots in the Night entertainment strategy is another step in the proper direction.
Improvement Timing
The existing solar plan calls for installation to be completed by October 13, 2022, which will allow for time to:
Install Top Tracer along with lighting & related
Install new lighting on the range
Procure and install all furniture & related
Relocate the Water station away from the range
FISCAL IMPACT
Shots in the Night improvement costs are estimated at $100,000, including a $13,700 contingency for electrical and additional cameras. Approval of this project will require the Council to approve a supplemental appropriation for the Golf Enterprise fund and a loan from the City's General Fund.
ATTACHMENTS
1. Shots in the Night ROI Projection 1.5
Judith Schurr
September 13, 2022
City of Indian Wells
City Council
44-950 Eldorado Drive
Indian Well, CA 92210
Re: City Council Meeting–September 15, 2022
Agenda Item G5-Shots in the Night Entertainment Improvement Public Comment:
I am a full-time resident of Indian Wells who has lived here since 2001. I wish to express some concerns I have related to the Golf Resort Staff proposal to expand the “entertainment” portion of Shots in the Night.
First, I am dismayed to see the proposal on the consent calendar, which is typically reserved for uncontroversial, routine business items that require no discussion and deliberation. The Golf Resort Staff proposal does not appear to be routine city business. Rather, it appears to be a significant capital expenditure ($100,000--including $40,000 for furniture and $10,000 for a stage) intended to enhance Troon’s business enterprise: “Golf Resort Staff see opportunities to expand the ‘entertainment’ portion of Shots in the Night to capture additional revenues from families, hotel guests, and groups wanting more than laser putting.” As such, it seems inappropriate for the proposal to be included in the consent calendar.
Second, the recommendation to approve the proposal is said to be based on a favorable opinion by Stone Creek: “Staff assessed the Shots in the Night entertainment strategy with Stone Creek and received complete support to move (sic) with the improvements.” Stone Creek’s suggestions were resoundingly rejected by the residents in attendance at a recent town hall meeting-- particularly the suggestion to create an entertainment venue at the golf resort. I recall one resident stating “let Rancho Mirage have Disney in the desert, we don’t want Disneyland at the Indian Wells Golf Resort.” That comment received enthusiastic applause from the residents.
The town hall meeting was videotaped. I commend its review to the Council. .
Third, as you may know, residents who live in the Eldorado Palms neighborhood south of the Hyatt hotel (and golf resort) have complained about noise from a recently added outdoor entertainment venue at the hotel. Music from a band playing at the venue was plainly heard by the residents earlier this year. The Golf Resort Staff proposal states: “To further enhance the ‘entertainment experience,’ Shots in the Night will feature additional family/hotel guest/group attractions and culinary themes.” To that end, the proposal includes installation of smokers and grills, lawn games, and a call for “Bands, DJ, interactive karaoke.” The identified assumptions Summited Written Comment:
Consent Item G.5-Shots in the
Night Improvements
for the ROI reveal that it is anticipated the new entertainment venue will operate from 5-10 p.m. 227 days a year, with either a live band or DJ performing every Friday, Saturday and Holiday.
The noise generated from the proposed new outdoor entertainment activities will have a negative impact on the residences located in the neighborhood south of the golf resort, and on The Vue restaurant, the pavilion, and meeting rooms at the resort.
When the golf courses and clubhouse were renovated many years ago, residents were told the purpose was to provide world class golf courses and a beautiful clubhouse as an amenity for the residents of Indian Wells. The Golf Resort Staff entertainment improvement proposal threatens the nature of the existing golf courses and clubhouse as an amenity of this affluent community by focusing on the creation of an outdoor evening entertainment and gaming venue to attract hotel guests and outside groups to the resort for the purpose of providing additional profit margin for the Troon business operation. I urge the Council to consider scaling back the entertainment aspects of the proposal, specifically the purchase of furniture and creation of a stage for outdoor music entertainment which would cost $50,000 and have negative impacts from the noise generated by an outdoor music setting in which bands or a DJ would be playing every Friday, Saturday and Holiday evening.
Thank you for your consideration.
Respectfully,
Judith Schurr
NPV, IRR, Payback
Summary Table Return
Undiscounted ROI 1135%
Discounted ROI 861%
NPV 860,954$
IRR 1209.26%
Assumptions Scenario
General Select Scenario A <- Select From Dropdown
A B C
Discount Rate 5%10%15%
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total Investment - FFE (100,000)$ -$ (100,000)$
Project Cash Flows 91,943$ 97,338$ 98,155$ 102,356$ 106,683$ 111,140$ 115,731$ 120,459$ 125,329$ 130,345$ 135,511$ 1,234,991$ Total Cash Flows (Undiscounted)(8,057)$ 97,338$ 98,155$ 102,356$ 106,683$ 111,140$ 115,731$ 120,459$ 125,329$ 130,345$ 135,511$ 1,134,991$ Calculations- USD
Year 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 N 0 1 2 3 4 5 6 7 8 9 10
Discount Factor 1.00 0.95 0.91 0.86 0.82 0.78 0.75 0.71 0.68 0.64 0.61 Discounted Cash Flows (8,057)$ 92,703$ 89,030$ 88,419$ 87,769$ 87,081$ 86,360$ 85,608$ 84,827$ 84,021$ 83,192$ 860,954$ Discounted Cash Inflows 91,943$ 92,703$ 89,030$ 88,419$ 87,769$ 87,081$ 86,360$ 85,608$ 84,827$ 84,021$ 83,192$ 960,954$ Discounted Cash Outflows (100,000)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ (100,000)$ Undiscounted ROI 1135%
Discounted ROI 861%
NPV- Net Present Value 860,954$
IRR- Internal Rate of Return 1209.26%
Payback Period 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Cumulative Cash Flows (8,057)$ 89,281$ 187,437$ 289,793$ 396,476$ 507,616$ 623,347$ 743,806$ 869,134$ 999,479$ 1,134,991$ Payback Indicator 0 1 1 1 1 1 1 1 1 1 1
Payback Period (Years)2
Cash Inflow Paid Back at Breakeven Year 189,281$
Capital Expense Outflows at Breakeven Year (100,000)$
Remainder 89,281$
0 0.02
0.04 0.06
0.08 0.1
0.12 0.14
Undiscounted ROI
Undiscounted ROI
-250000
-200000
-150000
-100000
-50000
0 NPV-Net Present Value0.02
3299
169
0 0.005
0.01 0.015
0.02 0.025
IRR- Internal Rate of Return
IRR-Internal Rate of
Return
-2000000
-1500000
-1000000
-500000
0 500000
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Chart Title
ATTACHMENT #1
Shots in the night Projection
1 2 3 4 5 6 7 8 9 10 11
2022/23 Budget 2022/23 Forecast 2023/24 Projection 2024/25 Projection 2025/26 Projection 2026/27 Projection 2027/28 Projection 2028/29 Projection 2029/30 Projection 2030/31 Projection 2031/32 Projection 2032/33Projection YOY Increase YOY Increase YOY Increase YOY Increase YOY Increase YOY Increase YOY Increase YOY Increase YOY Increase YOY Increase 3%3%3%3%3%3%3%3%3%3%
Sales - Hitting Bays 24,192$ 19%130,983$ 20%134,912$ 138,959$ 143,128$ 147,422$ 151,845$ 156,400$ 161,092$ 165,925$ 170,902$ 176,030$ Sales - Nextlinks Putting 28,224$ 22%52,278$ 8%53,847$ 55,462$ 57,126$ 58,840$ 60,605$ 62,423$ 64,296$ 66,224$ 68,211$ 70,258$ Sales - Group 74,000$ 57%164,500$ 25%169,435$ 174,518$ 179,754$ 185,146$ 190,701$ 196,422$ 202,314$ 208,384$ 214,635$ 221,074$ Sales - Range, Rental & Other 2,400$ 2%2,150$ 0%2,215$ 2,281$ 2,349$ 2,420$ 2,492$ 2,567$ 2,644$ 2,724$ 2,805$ 2,889$ Food & Beverage 297,781$ 46%306,714$ 315,915$ 325,393$ 335,155$ 345,209$ 355,565$ 366,232$ 377,219$ 388,536$ 400,192$ 128,816$ 100%647,691$ 100%667,122$ 687,136$ 707,750$ 728,982$ 750,852$ 773,377$ 796,578$ 820,476$ 845,090$ 870,443$ Cost of Sales - F & B 84,867$ 29%87,413$ 94,775$ 97,618$ 100,546$ 103,563$ 106,670$ 109,870$ 113,166$ 116,561$ 120,058$ Payroll & Benefits 68,854$ 53%260,241$ 40%268,048$ 276,089$ 284,372$ 292,903$ 301,690$ 310,741$ 320,063$ 329,665$ 339,555$ 349,742$ Advertising/Promotion -$ 0%17,450$ 3%17,974$ 18,513$ 19,068.09$ 19,640$ 20,229$ 20,836$ 21,461$ 22,105$ 22,768$ 23,451$ R & M Equipment 9,311$ 7%9,311$ 1%9,590$ 9,878$ 10,174$ 10,479$ 10,794$ 11,118$ 11,451$ 11,795$ 12,149$ 12,513$ Entertainment 500$ 0%76,800$ 12%79,104$ 81,477$ 83,921$ 86,439$ 89,032$ 91,703$ 94,454$ 97,288$ 100,207$ 103,213$ Operating Supplies 2,576$ 2%12,954$ 2%13,342$ 13,743$ 14,155$ 14,580$ 15,017$ 15,468$ 15,932$ 16,410$ 16,902$ 17,409$ Netlinks Software 5,000$ 4%5,000$ 1%5,150$ 5,305$ 5,464$ 5,628$ 5,796$ 5,970$ 6,149$ 6,334$ 6,524$ 6,720$ Employee Uniforms 700$ 1%1,250$ 0.2%1,288$ 1,326$ 1,366$ 1,407$ 1,449$ 1,493$ 1,537$ 1,583$ 1,631$ 1,680$ Top Tracer 46,000$ 7%46,000$ 46,000$ 47,380$ 48,801$ 50,265$ 51,773$ 53,327$ 54,926$ 56,574$ 58,271$ Operating Profit/cash flow 41,875$ 33%133,818$ 21%139,213$ 140,030$ 144,231$ 148,558$ 153,015$ 157,606$ 162,334$ 167,204$ 172,220$ 177,386$ 21%20%20%20%20%20%20%20%20%20%
TROON
Indian Wells Golf Resort BUD Jul - Sep BUD Oct - Dec BUD Jan - Mar BUD Apr - Jun BUD Jul - Dec BUD Jan - Jun Shots in the Night 0.5%0.5%0.5%0.5%6.00%6.18%
Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget Budget Acct #Dept #Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Statistics:
Sunset at 5:00 pm Sunset at 4:45 pm Sunset at 5:00 pm Sunset at 6:30 pm Sunset @ 7 pm Sunset @ 7:28 Sunset 7:50 Hours of Operation 5-10 pm 5-10 pm 5-10 pm 5-10 pm 5-10 pm 5-10 pm 5-10 pm # of hours of Daily Operation 5 5 5 5 5 5 5 - 35 # of Friday/Saturdays/holidays 9 12 8 8 9 9 9 Number of Hitting Bays 9889 240 11 11 11 11 11 11 11 11 88 Number of Nextlinks Putting Greens 9888 240 7 7 7 7 7 7 7 7 56 Number of Days Open - - - - 16 31 31 28 31 30 31 30 228 Number of Groups 9890 240 - - - 2 8 8 9 8 8 4 - 1,000 % Captured - Hitting Bays 15%20%25%25%25%20%20%
% Captured - Putting Greens 45%45%50%55%55%45%40%
-
Rate
Hitting Bay Rate/Hour 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 35.00$ Nextlinks Putting Rate/Hour 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 55.00$ 35.00$ Group Rate/hour 3,500$ 3,500$ 3,500$ 3,500$ 3,500$ 3,500$ 3,500$ 3,500$ 500.00$ - - - - - - - -$ Hitting Bay/Available Hours - - - - 880.00 1,705.00 1,705.00 1,540.00 1,705.00 1,650.00 1,705.00 - 10,890 Nextlinks Putting/Available Hours - - - - 560.00 217.00 271.25 245.00 271.25 210.00 217.00 - 1,992 Hitting Bay Hours Captured 9889 240 - - - - 132 341 426 385 426 330 341 - 2,382 Nextlinks Putting Hours Captured 9888 240 - 252 98 136 135 149 95 87 - 951 Revenues:
Sales - Hitting Bays 4289 240 - - - - 7,260 18,755 23,444 21,175 23,444 18,150 18,755 - 130,983 Sales - Nextlinks Putting 4288 240 - - - - 13,860 5,371 7,459 7,411 8,205 5,198 4,774 - 52,278 Sales - Group 4286 240 - - - - 7,000 28,000 28,000 31,500 28,000 28,000 14,000 - 164,500 Sales - Range, Rental & Other 4287 240 - - - - 300 300 300 350 350 300 250 - 2,150 Total Revenues - Activity - - - - 28,420 52,426 59,203 60,436 59,999 51,648 37,779 - 349,911 Food & Beverage - Leisure $/hrs Cap 40.00$ - - - - 15,360 17,546 22,475 20,790 23,018 16,980 17,112 - 133,281 Food & Beverage - Group $/hr Cap 3,500.00$ - - - - 7,000 28,000 28,000 31,500 28,000 28,000 14,000 - 164,500 Total Revenues - F & B - - - - 22,360 45,546 50,475 52,290 51,018 44,980 31,112 - 297,781 Total Revenues - - - - 50,780 97,972 109,678 112,726 111,017 96,628 68,891 - 647,691 Cost of Sales:COS%
COS - Food & Beverage 28.50%- - - - 6,373 12,981 14,385 14,903 14,540 12,819 8,867 - 84,867 - - - - - - - - - - - - - - - - - - - - - - - - - - Total Cost of Sales - - - - 6,373 12,981 14,385 14,903 14,540 12,819 8,867 - 84,867 Gross Profit - - - - 44,407 84,991 95,293 97,824 96,477 83,808 60,024 - 562,824 Operating Expenses:
Payroll - Hourly %/Rev 28%- - - - 14,218 27,432 30,710 31,563 31,085 27,056 19,289 - 181,354 Training & Setup - - - 10,000 - - - - - - - 10,000 Total Payroll - - - - 24,218 27,432 30,710 31,563 31,085 27,056 19,289 - 191,354 Employee Benefits %/PR 36%- - - - 8,719 9,876 11,056 11,363 11,190 9,740 6,944 - 68,887 Total Payroll & Related - - - - 32,937 37,308 41,765 42,926 42,275 36,796 26,234 - 260,241 Advertising Manual 0 - - - 2,500 2,500 2,500 1,250 1,250 1,250 - - - 11,250 Promotion Fixed $200 - - - - 5,000 200 200 200 200 200 200 - 6,200 - - - - - - - - - - - - - Advertising & Marketing - - - 2,500 7,500 2,700 1,450 1,450 1,450 200 200 - 17,450 R&M - Equipment - - - - 2,000 1,500 1,000 1,000 1,000 434 377 - 9,311 Repair & Maintenance - - - 2,000 2,000 1,500 1,000 1,000 1,000 434 377 - 9,311 Entertainment $ per F/S/H $1,200 - - - - 10,800 14,400 9,600 9,600 10,800 10,800 10,800 - 76,800 Operating Supplies % of Rev 2%- - - - 1,016 1,959 2,194 2,255 2,220 1,933 1,378 - 12,954 Next links Software - - - - - 5,000 - - - - - - 5,000 Employee Uniforms - - - - 500 250 250 250 - - - - 1,250 Top Tracer $46,000/year - - - 5,750 5,750 5,750 5,750 5,750 5,750 5,750 5,750 - 46,000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Operating Expenses - - - 5,750 18,066 27,359 17,794 17,855 18,770 18,483 17,928 - 142,004 Total Operating Expenses - - - 10,250 27,566 31,559 20,244 20,305 21,220 19,116 18,505 - 168,765 Net Income (Loss)- - - (10,250) (16,095) 16,124 33,284 34,593 32,981 27,896 15,286 - 133,818 401(k) Costs:Worker's Comp:Worker's Comp:
TOTAL BUDGET
Shots in the Night Assumptions
Hours of Operation Open 7 days per week - 5-10 pm
**197 days of operation - Nov 15-May 31 (First Year)
Every year there after - 227 days
Hitting Bays No closure for wind with Top Tracer
Food & Beverage Increased offerings
Full Service
PY Revenues were $86k - Transient
PY Banquet Revenues$255k (less) Oct $29k = $226k
Entertainment Band or DJ every Friday/Saturday/Holidays Pricing Comparable to Top Golf
Sunday thru Thursday rate $55
Friday & Saturday - Premium rate @ $65
Packages with play and F & B element
Group/Corporate Packages
2 hrs group Session $3500 per area with $3500 F & B minimum Buyout possibility review
$25k/$30k - Based on day of week, season, etc.
Industry Night
$5000 opening event for business partners
Theme Nights
Operating Supplies To include:
Paper goods
Propane
Golf Balls
Cushions
Staffing Guidelines F & B Team reviewing now
Uniforms - Pending head count
Proposed Capital - 1.5 Price/unit Qty Total
Croquet Set 150$ 2 $300
Lawn Darts - Glow in the Dark 50$ 4 $200 Mega Chess Board - 25"600$ 1 $600
Pool Table Soccer 600$ 2 $1,200
Giant Jenga 150$ 3 $450
Giant Connect 4 175$ 2 $350
Karoake 400$ 1 $400
Projector - Digital 150$ 2 $300
Projector - Screen - 135"500$ 2 $1,000
Furniture - 10 sets 4,000$ 10 $40,000
Electrical - Top Tracer 25,000$ 1 $25,000
Outdoor Stage 10,000$ 1 $10,000
Stage Lighting 2,000$ 1 $2,000
Generator 500$ 1 $500
BBQ & Smokers 4,000$ 1 $4,000
Contingency 13,700$ 1 $13,700
$100,000
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Manager
Prepared by: Peter Castro, Deputy City Manager
Subject: Sponsorship Request for the 2022 Margaritaville USA Pickleball National Championships
RECOMMENDED ACTIONS:
Council CONSIDERS the sponsorship request for the 2022 Margaritaville USA Pickleball National Championships event held in the Indian Wells Tennis Garden; and
AUTHORIZES City Manager to negotiate and execute a sponsorship agreement with the Indian Wells Tennis Garden.
DISCUSSION:
The City and the Indian Wells Tennis Garden are actively working to expand the types of events held at the Tennis Garden. In 2018, the City and Indian Wells Tennis Garden partnered to bring the first National Pickleball Championship to Indian Wells. Pickleball is a paddle sport combining the elements of tennis, table tennis and badminton. It has become a sport enjoyed by all ages and all levels of physical mobility. According to Sports & Fitness Industry Association, it is the country’s fastest growing sport with more than
2.8 million players. Pickleball is averaging 14% increase in players year over year.
The City sponsored $100,000 in the inaugural in 2018, 2019, and 2021 event to expand the usage of the tennis facility and to increase the number of tourists coming to the Resorts in the slow months. The Indian Wells Tennis Garden still has plans to grow the event and perhaps expand it to an international competition.
The 2019 Championship statistics are as follows:
2,069 players participated from 50 states
Ticket sales generated approximately $150,000 producing $15,000 in Admissions Tax
Approx. 21,250 spectators attended
Livestreaming in 2021 produced over 118,000 unique users
Sponsorship Request
The Indian Wells Tennis Garden is requesting sponsorship of $100,000 for the 2022 National Pickleball Championship as the official host city. The sponsorship benefits are:
Designation as Official Host City of the National Championship Placement of “Indian Wells” on the Championship Court surface (similar to Stadium 1 court)
Naming rights to one of the six Pickleball court complexes Sponsor announcements
Television broadcast, digital streaming, and print advertising Tickets for residents on Indian Wells Resident Day
New for this year:
Food and beverage credit of $5,000 for Resident Day reception Community event in partnership with Desert Recreation District Pickleball at a d ate prior or at the conclusion of the tournament.
Staff presented the item to the Finance Committee at their September 6, 2022 meeting.
The Committee recommended the City Council approve the sponsorship of $100,000.
FISACAL IMPACT:
The approved amount would be added to the Biannual Operating Budget 2021-23.
ATTACHMENT:
1. Sponsorship Proposal
I N D I A N W E L L S , C A
2022
PARTNERSHIP PROPOSAL
A TTACHMENT #1
THE NATIONALS PICKLEBALL EXPERIENCE
PICKLEBALL’S PREMIER EVENT AND YEARLY INDUSTRY GATHERING World-Class Venue
Nestled in an idyllic setting in the heart of the Coachella Valley with breathtaking Southern California views, the award-winning Indian Wells Tennis Garden welcomes players and fans from all around the world.
It’s 5 o’Clock Somewhere
Enjoy a Cheeseburger in Paradise, Margaritas and a
whole lot more with food and beverage options from
renowned Margaritaville.
Unparalleled Atmosphere
The event experience includes unrivaled amenities
throughout the grounds with the latest manufacturer’s gear and products including tournament merchandise, paddles, balls, equipment and more; an electric Championship
Court; a fan zone and big screen to stay up-to-date with all the action.
Thrilling Action
Only the country’s best qualify to participate in the National Championships. From juniors to seniors and amateurs to
the professionals like Ben Johns, Tyson McGuffin, Anna
Leigh Waters, Jenniefer Dawson and more compete for the prestigious title.
Fan Friendly Access
There is no better place than Indian Wells Tennis Garden for fans to get up close to the game’s brightest players. With 48 easily accessible courts, the opportunities are endless to encounter pickleball’s hottest rising stars and most
legendary icons.
WORLD-CLASS EVENT
Dates November 5-13, 2022
Site Indian Wells Tennis Garden
Indian Wells, California
Sanction USA Pickleball
National Championships
Champions
Include
McGuffin, Johns, Jardim,
Waters, Dawson, Newman
and more
PASSIONATE AUDIENCE
Attendance 21,233
Broadcast 100+ hours of live content
Social Media 11,000+ Followers
Official Website 120,000+ Users
Email Database 18,000+ Subscribers
PREMIUM DEMOGRAPHICS
54% Male / 45% Female
2,342 Participants in (2021)
48 states and 3 provinces represented
2 O F 3
MARGARITAVILLE USA PICKLEBALL NATIONAL CHAMPIONSHIPS I INDIAN WELLS, CA
I N D I A N W E L L S , C A
2022
Rights
»Designation as the Official Host City
of the National Championships
»Inclusion of the CIW logo
on the backdrop of the awards
presentations and press conferences
»Right to use the event logo in CIW
advertising and promotion
Brand Visibility
»Placement of “Indian Wells” on the
Championship Court surface on both
the East and West sides (Stadium 3)
» Pickleball Courts 6-9 will be
branded the “Indian Wells Pickleball
Court Complex”
»Indian Wells will receive four (4)
signage positions on the North
and South lower back walls in the
“Indian Wells Pickleball Court
Complex,” a total of eight (8)
signage positions
»Indian Wells will receive (1) one
signage position on the North and
South upper back walls of Pickleball
Court Complexes 2-5 and 10-25
»Inclusion in the logo loop on the
Championship Court video screen
»Inclusion of promotional material in
player gift bags
»Placement of the CIW logo on the
Sponsor Recognition Board
PARTNERSHIP OPPORTUNITIES
INVESTMENT: $100,000
3 O F 3
Customized partnerships that help brands engage with the ultimate loyal pickleball fans.
Communications / PR
»Partnership announcement on
event channels
»Promotion of onsite activations on
event channels
Brand Activation
»Indian Wells Resident Day
»Thursday, November 10,
will be designated as Indian
Wells Resident Day during which
Indian Wells promotions will be
featured on Championship Court
»Indian Wells will receive 300
tickets to be used for
Indian Wells Resident Day
»Indian Wells will receive a $5,000
food and beverage credit to
be used or their VIP reception on
Indian Wells Resident Day
» Opportunity for Desert
Recreation District to host a
tournament/camp onsite
»Dates and number of courts tbd
and agreed upon with DC
Digital & Social Media
»(2) Two web banner ads on the
event website
»Dedicated page on the
event website
»Inclusion in the logo strip on the
event website
»Coverage of onsite activation on
social media channels
Streaming Broadcast
»Indian Wells will receive at least
(50) fifty 30sec commercial units on
the tournament streaming broadcast
»Opportunity for a live interview on the
broadcast program
»Daily promotion of Indian Wells on the
broadcast through the weather update
Tickets & Hospitality
»One (1) table at the Ambassador
lunch with opportunity for Mayor to
welcome Ambassadors
»Six (6) VIP seats with access to the
Margaritaville License to
Chill Lounge
»Six (6) VIP seats
»Six (6) VIP Parking Passes
MARGARITAVILLE USA PICKLEBALL NATIONAL CHAMPIONSHIPS I INDIAN WELLS, CA
I N D I A N W E L L S , C A
2022
1 INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Resolution Approving Tentative Parcel Map No. 38396 to Subdivide an Existing 1.2 Acre Residential Lot into Two New Single-Family Lots Located within The Eldorado
Country Club at 46310 Amethyst Drive (APN: 623-222-027)
RECOMMENDED ACTION:
Council FINDS the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions; and
ADOPTS Resolution No. 2022-35 approving Tentative Parcel Map No. 38396 for the subdivision of an existing 1.2-acre residential parcel within the Eldorado County Club into two separate residential parcels for property conveyance purposes.
DISCUSSION:
BACKGROUND AND SETTING:
The property owner is subdividing an existing residential lot into two separate single- family lots within the Eldorado County Club (Attachment 2). The subject property originally consisted of three (3) legal residential lots that were merged to create a single estate lot consisting of a main dwelling unit and second dwelling unit on a 1.2-acre parcel. The parcel merger was approved by the City of Indian Wells (Parcel Merger Number 15-11-01) and recorded with the Riverside County Assessor’s Office on August 16, 2011 (Attachment 3). The existing estate l ot currently contains a 6,457 sqft main house and a 5,384 sqft second dwelling unit (Attachment 4). The two residential structures are connected by a patio cover which functions as a breezeway between the two units. The Planning Commission held a duly noticed public hearing on the Project August 25, 2022, and recommended approval to the City Council 4 to 0, with 1 excused.
DESCRIPTION AND ANLYSIS:
2 Tentative Parcel Map No. 38396 will subdivide an existing 1.2-acre (53,477 sqft) residential lot into two (2) new single-family residential lots resulting in a 33,192 sqft lot and 20,285 sqft lot, respectively. The subject property is bound by the existing golf course on the northeast and existing single-family homes immediately to the east and west. Amethyst Drive bounds the southwestern property.
The subject property is in Planning Area 3 (Eldorado County Club), within Subarea 3.1 and is currently zoned Residential Very Low Density (RVLD). This Planning Area has an active homeowners’ association and is overlaid by the Golf Course Overlay Zone, which governs uses within the golf course area. Minimum lot size within the RVLD zoning district is 12,000 sqft, which will be met by each of the new parcels created through the proposed lot split. Considering the subject property was comprised of 3 legal residential lots under the original Tract No. 016-043 for the Eldorado County Club, the proposed lot split would be consistent with the approved density.
Section 21.80.060(f) of the City’s Zoning Code requires that second dwelling units (on the same lot) shall not create a second front entrance or otherwise alter the single-family appearance of the property and shall be architecturally compatible with the design of the primary residence in terms of appearance, materials, and finished quality. The 1.2-acre estate lot currently has a primary residence with a second dwelling unit. Both units appear to be independent single-family homes, designed in different architectural styles with their own front pedestrian and vehicle entrances. Although the HOA has approved of the design and finish of both homes on the site, since they are both built on a single lot and resemble two independent single-family homes, the second dwelling unit is currently considered a non-conforming use.
As proposed under Parcel Map No. 38396 (Attachment 4) the 1.2 -acre estate lot would be subdivided into two (2) residential lots each fully containing one of the existing residential units, including their own sperate driveways, 2-car garages and pools. The Site Plan shows that with removal of the connected patio cover, the residential structures would maintain building envelopes (setbacks and height requirements) in conformance with the applicable RVLD zoning standards (Attachment 5). The Applicant has received HOA approval for the lot-split, guesthouse addition, and encroachment for the existing pool adjacent to the new property line wall (Attachment 6). Both new parcels will maintain independent driveway access to Amethyst Drive. All required utility infrastructure is currently in place with adequate capacity to continue serving both residential buildings without major upgrades to facilitate the proposed lot-split. The proposed lot-split would serve to bring the non-conforming use into compliance with the City’s zoning code and will meet the Applicant’s objective for selling one of the homes.
Tentative Parcel Map No. 38396 has been prepared by a professional land surveyor and there are no additional easements or offers of dedication included as part of the Map request. Upon City Council’s final approval, the City Engineer shall file and record the tentative and final parcel map in accordance with the Subdivision Map Act.
3 ENVIRONMENTAL ASSESSMENT:
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City acting as Lead Agency, as determined the lot-split qualifies as being Categorically Exempt from CEQA pursuant to Section 15315, Minor Land Divisions.
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Parcel Merger No. 15-11-01
4. Proposed Tentative Parcel Map No. 38396
5. Site Plan
6. HOA Approval Letter
RESOLUTION NO. 2022-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
38396 (A REQUEST TO SUBDIVIDE A 1.2 ACRE SITE INTO TWO
RESIDENTIAL LOTS WITHIN THE ELDORADO COUNTRY CLUB)
FOR WHICH THE PROJECT HAS BEEN FOUND TO BE EXEMPT FROM
THE PROVISIONS OF CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15315, MINOR LAND DIVISIONS
WHEREAS, Bill Stampley (the “Applicant”) has filed an application with the City of Indian Wells (the “City”) for approval of Tentative Parcel Map No. 38396 for the subdivision of an existing 1.2 acre residential parcel in the Eldorado Country Club into two (2) separate residential parcels for the purpose of conveying one of the parcels of land to a sperate owner; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Indian Wells to consider the Applicant's request was given in accordance with applicable law; and
WHEREAS, on August 25, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended approval to City Council; and WHEREAS, on September 15, 2022, the City Council carefully considered all information pertaining to the Project, including the staff report, project plans and specifications, and approved the Project in accordance with Section 21.28.010(c) of its Municipal Code; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Tentative Parcel Map:
1.The proposed tentative parcel map complies with all the requirements of the zoning regulations and applicable general and specific plans.
FACT: The tentative parcel map is consistent with The Eldorado Club Master Plan and City’s Land Use and Zoning designation for the site. The proposed tentative parcel map would effectively create two (2) new residential parcels on a lot that was originally subdivided into three (3) single-family residential lots.
Consistent with minimum lot area and size requirements for the City’s RVLD ATTACHMENT #1
City of Indian Wells
Resolution 2022-35
zoning, each resulting lot will be over 12,000 sqft with lot depth and width exceeding 100-feet. The subdivision of the parcels as proposed by the tentative parcel map will not result in a change to the existing land use of the site or the type of residential development permitted on the site.
2. The requirements imposed upon the subdivision would not render infeasible the development of housing for all segments of the economic community and that the effect of any actions on the map considers the housing needs of the region and is balanced against the public service needs of its residents and available fiscal and environmental resources.
FACT: The proposed tentative parcel map would not render infeasible the development of housing in the local community or region as it will simply subdivide an existing residential estate lot into two (2) separate legal residential parcels for conveyance of one of the parcels to a separate entity for ownership purposes. The parcels will continue to be part of an established single family residential area of the Eldorado Club.
3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
FACT: The subdivision of the parcels as proposed by Tentative Parcel Map 38396 will not result in a change to the existing residential use or character of the subject property or surrounding community. The resulting residential parcels will continue to permit natural heating and cooling opportunities for the existing single-family structures on site.
4. The subdivision site is physically suitable for the proposed development and all conditions of approval will ensure that the site is physically suitable for the type of development proposed.
FACT: The site is located within a single-family neighborhood in the Eldorado County Club, and currently contains two (2) existing single-family homes.
Tentative Parcel Map 38396 will not result in a change to the existing residential development character of the site. The conditions of approval attached as Exhibit “A” shall ensure the site continues to function as an integrated development site and continues to be physically suitable for the existing residential uses on site and surrounding neighborhood.
5. The Tentative Parcel Map complies with all the requirements of Title 20, Subdivisions, of the Indian Wells Municipal Code.
FACT: Unless otherwise waived by the City, as part of the approval process, the Tentative Parcel Map, and any Final Map recorded thereunder, shall be made to comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Title 20 of the Indian Wells Municipal Code (IWMC).
City of Indian Wells
Resolution 2022-35
6. The subdivision design is not likely to cause serious public health problems as the improvements are consistent with General Plan and Zoning Designations.
FACT: The subdivision of parcels as proposed by Tentative Parcel Map 38396 will not result in a change to the existing residential development of the site and surrounding neighborhood. The new parcels have been designed in conformance with the minimum lot depth, width, and area requirements per the City’s RVLD Zoning standards. Building setbacks and heights would also conform to the applicable zoning regulations.
7. The proposed improvements for the subdivision will not conflict with any easement acquired by the public at large for access through the subdivision.
FACT: The subject property is within the private gated community of the Eldorado Country Club. There is no public access or easements affecting the subject property or immediate surrounding properties. There is an existing 10-foot drainage easement that bounds the southeastern property boundary, that has been included as a dedication on Tentative Parcel Map 38396 and will continue to be maintained in perpetuity.
California Environmental Quality Act (CEQA):
1. Tentative Parcel Map No. 38396 has been reviewed in compliance with CEQA.
FACT: This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The City acting as Lead Agency has determined the Tentative Parcel Map qualifies as being Categorically Exempt from CEQA pursuant to Section 15315, Minor Land Divisions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council ADOPTS Resolution No. 2022-35 approving Tentative Parcel Map No. 38396 subject to the Conditions of Approval listed on Exhibit “A” attached hereto and by this reference incorporated herein.
SECTION 2. This Resolution shall take effect upon adoption.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail, a certified copy of this Resolution to
City of Indian Wells
Resolution 2022-35
Applicant class, prepaid, United States mail, a certified copy of this Resolution to the Applicant.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 15h day of September, 2022.
____________________________
DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-35
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 15TH day of September, 2022, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
City of Indian Wells
Resolution 2022-35
EXHIBIT “A”
Conditions of Approval
Tentative Parcel Map No. 38396
September 15, 2022
GENERAL:
1. The Applicant shall defend, indemnify, and hold harmless the City of Indian Wells and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Indian Wells, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Indian Wells concerning this project, including but not limited to any approval or condition of approval by the Planning Commission.
The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.
2. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
3. The project shall be developed in accordance with the approved plans, and failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the City Council. However, the Community Development Director or designee shall have the authority to approve minor deviations in the conditions of approval, and all plans including the construction drawings, if deemed necessary by both the Applicant and the City to implement the project as approved.
4. Upon submittal of construction drawings to the Building Department for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans.
A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.
5. All plans shall be coordinated for consistency.
6. The Applicant shall pay development impact fees at the established rates.
Such fees may include, but not be limited to, new construction fee, park or
City of Indian Wells
Resolution 2022-35
open space fees, school fees, drainage fees, sewer fees, TUMF fee, local CVMSHP development impact fee, building permit and plan check fees.
7. Approval of Tentative Parcel Map No. 38396 shall be used within three (3) years after final approval, or it shall become null and void unless the time limit to record the parcel map is extended by the State or City Council per Municipal Code Section 20.16.111. The phrase “be used” above for the proposed Project is to mean the recordation of the subject parcel map.
8. All applicable Covenants, Conditions and Restrictions (CC&Rs) recorded as part of the Eldorado Country Club shall apply to each parcel in Tentative Parcel Map No. 38396.
9. Approval of this request shall not waive compliance with all applicable sections of the Indian Wells Municipal Code, all other applicable City ordinances, and applicable specific plans. The Applicant shall comply with all of the foregoing.
10. Within fifteen (15) days of final approval by the City Council, the Applicant shall submit in writing, a statement indicating that the Applicant has read and agrees to the conditions imposed herein. Approvals of land use and related applications hereunder shall become void, and any privilege, permit, or other authorization granted shall be deemed to have terminated if compliance with this condition has not been completed within the specified time limits.
ENVIRONMENTAL:
11. Pursuant to Public Resources Code Section 21089 and Fish and Game Code Section 711.4, the Applicant shall provide those fees marked [X] below in the form of a check made payable to the Riverside Coun ty Cler k within 5 days of City Council approval. Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $ 50 - “Administrative Fee” to file the Notice of Determination [ ] $ 2,181.25 - “Fish & Game Filing Fee” (if applicable)
TENTATIVE PARCEL MAP:
12. A Final Map shall be prepared by or under the supervision of a registered civil engineer or licensed land surveyor and must be processed through the City of Indian Wells Public Works Department and approved by the City Council prior to the Map being filed with the County Recorder.
City of Indian Wells
Resolution 2022-35
13. The Tentative Parcel Map shall be based on a field survey in conformity with the Professional Land Surveyors Act.
14. Prior to the City’s approval of a Final Map, the Applicant shall furnish accurate mylars of the Final Map that have been reviewed and approved by the City Surveyor. The Final Map shall be 1” = 40’ scale.
15. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Title 20 of the Indian Wells Municipal Code (IWMC).
16. In accordance with Government Code 66436, prior to filing maps with the County Recorder, the Coachella Valley Water District (District) shall be provided the opportunity to review and comment on the Map if the District or the United States Bureau of Reclamation (USBR) has easements or other interests. Evidence of District review shall be provided to the Public Works Department in the form of a Subdivision Map Act and Non-Interference Clearance letter.
17. If required by the Subdivision Map Act, the District, the City of Indian Wells, or any other entity, the Final Map shall include signature(s) by authorized representative(s) of the District.
SITE IMPROVEMENTS
18. Evidence of the existence of separate sewer and water service laterals serving proposed Parcels 1 and 2 shall be provided to the Public Works Department prior to filing the Final Parcel Map with the County Recorder.
Written certification of said existing service laterals by a Registered Civil Engineer of Licensed Land Surveyor shall be deemed to be in compliance with this requirement.
19. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with Burrtec for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction.
20. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the storm drain system.
21. For relocation of utilities in existing improved streets, the Applicant shall comply with trench restoration requirements maintained, or required by the
City of Indian Wells
Resolution 2022-35
City Engineer. The Applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer.
22. The Applicant shall, as applicable as determined by the Community Development Director, cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer.
23. Proposed pad elevations for Parcel 1 and Parcel 2 shall comply with the previously established elevations as shown on the approved Grading Plan.
24. In accordance with the City of Indian Wells Policy Guidelines for Geotechnical & Geologic Reports for Single-Family Residential Developments (latest revision), all proposed structures shall accommodate at least 1.25 inches of differential settlement over a 50 feet distance expressed as an angular distortion of 1:480.
25. Prior to construction on the site, a six foot (6’) temporary chain-link fence shall be erected on any portion of the property that is exposed to public access and connected to any block walls surrounding the property. This will deter theft of and vandalism to construction materials and equipment on the property during construction. All construction fencing shall have a screen mesh so as to conceal construction activity from public view.
END OF CONDITIONS
46310 Amethyst Drive
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ATTACHMENT #6
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Clerk
Prepared by: Angelica Avila, City Clerk
Subject: August 3, 2022, Special Council Meeting Minutes
RECOMMENDED ACTION:
Council APPROVES the August 3, 2022, Special Council Meeting Minutes.
ATTACHMENTS:
1. August 3, 2022, Unofficial Minutes
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1 SPECIAL CITY COUNCIL MEETING MINUTES
Wednesday, August 3, 2022
1:30 PM
Council Chamber and Remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)
44950 Eldorado Drive, Indian Wells
Present: Mayor Reed
Mayor Pro Tem Griffith
Council Member Sanders
Council Member Balocco
Council Member Bernheimer
_____________________________________________________________________ A.CONVENE THE CITY COUNCIL AND PLEDGE OF ALLEGIANCE
Mayor Reed convened the City Council of the City of Indian Wells at 1:30 p.m. on August 3, 2022, in the City Hall Council Chamber and Videoconference.
B.APPROVAL OF THE FINAL AGENDA
It was determined to APPROVE the agenda as submitted
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0 -
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Introduction of Indian Wells Staff Housing Manager Jamie Rodny and Administrative Assistant Jennifer Aguilar
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2 Public Works Manager Dina Purvis introduced new Administrative Assistant Jennifer Aguilar. Community Development Director Jon Berg introduced new Housing Manager Jamie Rodny.
D. PUBLIC COMMENTS
No public comments.
E. CITY MANAGER'S REPORTS
Deputy City Manager Peter Castro reported coffee with Indian Wells Golf Resort General Manger is scheduled on August 9, 2022 from 8:00 a.m.- 9:00 a.m. in the Indian Wells Golf Resort.
F. CITY ATTORNEY REPORTS AND COMMENTS
No Attorney reports.
G. CONSENT CALENDAR
G.1 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.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0 -
G.2 July 7, 2022, City Council Meeting Minutes
It was determined to APPROVE the July 7, 2022, City Council Meeting Minutes.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
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G.3 Supplemental Appropriation for Highway 111 Phase I Rehabilitation Project
It was determined to AWARD contract to Vance Corporation for $1,005,114 for Rehabilitation of Highway 111; and
AUTHORIZE and DIRECT the City Manager to execute an agreement for the same; and
APPROVE supplemental appropriation for $555,625 to fund the Highway 111 Phase 1 Rehabilitation project; and
AUTHORIZE Finance to make the necessary budgetary adjustments.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0 –
G.4 City Treasurer's Report for June 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for June 2022.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0 –
G.5 Supplemental Appropriation to Increase Budget for On-Call Planning and Environmental Contract Services
It was determined to APPROVE supplemental appropriation of $75,000 for on- call planning and environmental consulting services relating to plan check review, environmental studies, and processing of conditional use permits for various projects; and
AUTHORIZE Finance to make the necessary budgetary adjustments.
A motion was made by Council Member Sanders, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0 –
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4 H.GENERAL BUSINESS
H.1 Mid-Term Update to Indian Wells Golf Resort Operating Budget Mr. Ty Peabody, resident, and former Council Member expressed concerns relating to the budget increase in landscape maintenance at the Golf Resort and the budget drafted by Troon Management.
There was discussion on staffing levels at the Indian Wells Golf Resort and concerns were expressed concerning labor costs. There were requests made to include staffing benchmarks in future budget reviews.
It was determined to AMEND the Conservative Approach Golf Resort Operating for the Fiscal Year 2021-22 through 2022-23 that will include benchmark staffing performance review as part of the budget evaluation.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith. The Motion Carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0 –
I.COUNCIL MEMBERS' REPORTS AND COMMENTS
I.1
I.2
I.3
I.4
I.5
Council Member Bernheimer
No report.
Council Member Balocco
No report.
Council Member Sanders
Council Member Sanders reported CVAG Public Safety Committee is conducting a meeting to discuss plans and response relating to school shooting incidents.
Mayor Pro Tem Griffith
Mayor Pro Tem Griffith thanked the City staff for their work as it related to the Golf Resort budget.
Mayor Reed
Mayor Reed reported Sunline Transit Agency continues to address labor concerns with their employee union.
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5 J.ADJOURNMENT
At 2:36 p.m., the mayor adjourned the Special Council meeting to a regular scheduled meeting of the City Council on September 15, 2022, at 1:30 p.m. in the City Hall Council Chamber and Videoconference.
_________________________
Angelica Avila, CMC
City Clerk
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: Finance
Prepared by: Ruby Walla, Assistant Finance Director
Subject: City Treasurer’s Report for July 2022
RECOMMENDED ACTION:
Council RECEIVES and FILES the City Treasurer’s Report for July 2022.
DISCUSSION:
Attached are the monthly cash balance and investment reports for July 2022. Investments reflected in this report are “Marked-to-Market,” meaning the market value of City’s investments is updated monthly. This method provides a clear depiction of the value of the City’s portfolio subject to the performance of the investment market. The City of Indian Wells maintains prudent fiscal reserves and minimizes un-invested cash.
Cash and Investments
As of July 31, 2022:
The City’s cash and investments totaled $87,609,908.36 The City’s portfolio earned a 1.324% rate of return.
Treasurer’s Certification
Compliance - The City Treasurer certifies that the City’s cash and investments presented in this Report comply with the City’s investment policy and with the legal requirements of State of California Government Code section 53600.
Liquidity - The City Treasurer certifies that the City’s portfolio is sufficient to meet its financial obligations for the next six months. The investment portfolio will remain sufficiently liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature while cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible
cash demands cannot be anticipated, the portfolio consists mainly of securities with active secondary or resale markets (dynamic liquidity).
Fiscal Prudence
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidi ty needs of the City.
Background
Staff provides Council with a monthly update to the Treasurer’s Report. The Report presents the City’s cash activity and investment portfolio and includes a reconciliation between investment balances and General Ledger. Specifically, the report provides information on the types of investments, dates of maturities, costs, the updated market value of securities, and rates of interest earned in the portfolio.
The City maintains a written investment policy in compliance with legal requirements of Government Code section 53600 and governs the investments made by the City. It is the policy of the City of Indian Wells to invest public funds in a manner that will provide the maximum security with the highest investment return while meeting the daily cash flow demands of the City. The investments purchased by the City are consistent with the City’s investment policy and are allowable under the current legislation of the State of California.
The City invests in U.S. treasuries, federal agency securities, medium-term corporate notes, municipal bonds, federally insured certificates of deposit, and overnight cash investments. Criteria for selecting investments in order of priority are (1) safety, (2) liquidity, and (3) yield.
ATTACHMENT:
1. City Treasurer’s Report
T$ mtrbilkbk rumilialin y2w2.07 8PT Jum bk Rduly 2 pd.d 10:35 AM 9/6/2022 City of Indian Wells
Bank Reconciliation Report - City Held Cash
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Pacific Western Bank - Public Funds MMA **-****5054
Union Bank ol CA - Swep Investment ***-***0121
1,.,S Bank Money Market - Investment
Petty Cash
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CertifiGte of Deposit-Morgan Stanley Bank 61747MF63
Certifi@te of Deposit-Allegiance Eank Tqas 0U48DBA3
CertifiGie of D€posit-CitiBank NA 17312QH59
Certifi@te of Deposit-Goldman Sachs Bank 38148PG43
Certificte of Deposit-Sallie llae 795450N84
Certifi@te of Deposit-First National Bank of Amerie 321 10YLK9 Certificte of Deposit-Disover Eank 25,1573UL9
Certiflate of Deposit-Barclays Eank Delaware 0674OKMN4
Certificate of Deposit-Comenity capital Bank 20033AM86
Certificte of Deposit-Us8 Bank USA 90348JFF2
Certificate of Deposit-Morqan Stanley Bank 51760ARM3
Certifiete of Deposit-Merrick Sank 59013J4x4
Certificate of Deposit-RlA Federal Credit l,.lnion 749622410 Certificate of Deposit-Capital One Bank 1.I042TAY3
Certificte of Deposit-Bankwest 05552CHA2
Certifiale of Deposit-Wells Fargo Natl Bank West 949495AQ8 Certificate of Deposit-Bf4w Bank North Ameri@ 05580AVX9 Certificate of Deposit-Nicolet Nation Eank 65.1062J22
Certificate of Deposit-Live Oak Banking Company 538035LD,1 Certifi@te of Deposit-Alma Bank 0200808X4
Ce.tificate of Deposit-State Bank of India 855285TP8
CertifiBte of Deposit-First Natl Bank of MccregorTX 32112UDR! Certifi@te of Deposit-Centerstate Bank 15201QDE4
Certificate of Deposit-Northwest Bank 55735A9V0
Cf,rtificate of Deposit-Encore Bank 29260M8E4
Certificate of Deposit-First Frftdom Bank 320278AM9
Certifi@te of Deposit-Pacific Western Bank 69506YR15
Certificte of Deposit-Bank of Barcda 05053HMS9
Certificate of Deposit-Toyota Financial Sgs Bank 89235MKYs Certificate of Deposit-Grenstate Credit tlnion 395731811 CertifiGbe of Deposit-Pentagon Federal Credit Union 70962tAS1 Certificate of Deposit-Nelnet Bank, Inc 64034KAG6
Certificate of Deposit-Beal Bank 07371AYE7
CertificaE of Deposit-B€l Bank USA 07371CE88
Medium Term Cor@rate Nots
Amazon.com lnc
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245,000.00
2s0,000.00
250,000.00
2s0,000.00
248,000.00
2s0,000.00
250,000,00
2s0,000.00
250,000.00
2s0,000.00
250,000.00
2,t9,000.00
247,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
2s0,000.00
248,000.00
249,000.00
248,000.00
249,000.00
249,000.00
249,000.00
248,000.00
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250,000.00
250,000.00
249,000.00
250,000.00
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Wells Fargo 95001D6U9
Bank of New York Mellon Corp 06406MN7
Montebello CA Pens Oblig AA 612285AE6
JP Morgan Cha* Bank NA.I6632FRU1
JP Morgan Chas.l8128G2Q2
Bank of America MTN 06048WM31
Bank of America MTN 06048WM72
Citigroup
1,000,000.00
1,010,398.81
1,046,359.41
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
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Fed. Nat'l Mortgaqe Ass. 3135G4C43
Fed. Farm Credit Bank 3133E1280
F€d. Home L@n Mtg Corp 313.IGWCG9
Fed. Nat'l Mortgage Ass 3135GA2ZI
Fed. Farm Credit Bank 3130A1351
Fed. Farm Credit Bank 3130A15G4
Fed. Farm Credit Bank 3130A16J8
Fed. Farm Credit Bank 3130ALDN1
Fed. Farm Credit Bank 3130ALHZ0
Fed. Farm Credit Bank 3130A1J62
Fed. Farm Credit Bank 3130ALM|'43
Fed. Farm Crcdit Bank 3130A1W67
Fed. Farm Credit Bank 3130AMW57
Fed. Farm Credit Bank 3133EMH21
Fed. Farm Crcdit Bank 3133EM167
Fed. Farm Cr€dit Bank 3133EMN99
Fed. Farm Credit Eank 3133EMW73
Fed. Home Loan Bank 3130AQWF5
Fed. Home L@n Bank 3130AQWJB
Fed. Home L@n Bank 3130AQ255
Fed. Home Loan Bank 3130ARCV1
Fed. Home L@n Mtg Crrp 3134GX1,4X9
Fed. Home Loan Bank 3130ARGE5
Fed. Home Loan Pltg Corp 3134GXQP2
Fed. Home Loan Bank 3130A5320
Fed. Home LGn Bank 313.IGXUM4
Fair Value Increas (over @st)
Outstanding Warrants/Wire Transfers
Outstanding Payrcll Warrants/Wire Transfers
Deposit in Transit
Credit Card in Transit
1,000,578.36
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000,00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
Municipal Bonds
Natomas CA Sch6l District 63877NMM6 300,000.00
Total P@led Cash and Inv€tments
2,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
531
(1,387,391.52)
0.00 (151.62)
7,746.46
39.700,578.36
802,596.38
394,240.79
I A5,623,922.97Rmnciled Bank Balatre
0.00 ATTACHMENT #1
NET CASH & INVESTMENT SUMMARY JULY 2022
July
2022UNRESTRICTED FUNDS
GENERAL FUND
101- GENERAL
TOTAL GENERAL FUND
RESTRICTED FUNDS
SPECIAL REVENUE FUNDS
202 - TRAFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE "A''
209 - F.A.M.D. #1
210 - SCAQMD (VEHTCLE REG.)
211 - AB 3229 COPS FUNDING
214 - GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MAINT
217 - GAS TAX,2IO7 MAINTENANCE
218 - GAS TAX 2107.5 ENG./ADMIN
219 - GAS TAX RMRA
228 - EMERG. UPGRADE SERVICES
247 - AB 939 RECYCLING FUND
248 - SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO-1
253- INDIAN WELLS ULI.AS OPERATIONS
254- MOUNTAIN VIEW VILLAS OPERATIONS
256- HOUSING AUTHORITY
271 - ELDORADO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 . CASA DORADO LLMD
274 -THE COVE LLMD
27s - SH 111/rWGR (ENTMNCE) LLMD
276 - CLUB/IW LANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - MOUNTAIN GATE LLMD
281 - MOUNTAIN GATE ESTATES LLMD
282 . VILLAGIO LLMD
283 - VAIDYA LLMD
284 - CLUB, SOUTH OF 111 LLMD
285 - MONTELENA LLMD
286 - SUNDANCE LLMD
287 - PROVINCE LLMD
288 - PROVINCE DBAD
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECT FUNDS
314 - PARK-IN.LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 - CAPITAL IMPROVEMENT
319 - ART IN PUBLIC PLACES
321 . HIGHWAY 111 CIRCULATION IMP FEE
TOTAL CAPITAL PROJECT FUNDS
$ 16,2s0,321.61 $
July
2021
r.77
L625OF2t.6t
4,238.63
9,369.05
76,642.00
2,27I,719.49
L3,570.02
33,333.36
6,265.05
4,556.56
3,586.19
6,337.76
164.r7
347,832.02
3,642,120.62
42r,257.r4
246,414.36
15,493.22
L,40I,746.8I
2,186,33r.54
L3,622,997.50
7I,870.09
9,117.00
675.32
534.t4
84,49L.76
22,647.84
106,2L2.34
62,290.90
303.00
112,150.07
57,046.L5
272,976.74
38,961.55
32,313.35
99,004.27
s22.00
82,399.38
590,162.30
4poo83L.77
2,t74.24
7,910.60
61,541.09
2,628,455.40
tr,772.tB
0.00 4,992.05
2,673.94
2,100.03
3,664.01
2,0L2.00
238,81 1.19
3,7I0,346.42
562,003.37
295,098.95
13,346.69
1,388,068.81
2,L64,997.54
13,654,335.05
68,672.64
6,403.79
9,611.46
8,229.40
40,197.20
L4,769.3L
9t,709.54
6r,524.83
187,356.66
r07,034.Lr
54,621.80
283,113.98
37,506.92
26,626.5r
83,205.52
21,509.84
188,041.83
611 936.s8
26,656F75.37
2,896.00
4,978.00
8,499,339.33
t67,282.98
0.70 25,957$53.69
70,984.00
261,538.00
4,839,523.62
348,L57.6L
27,560.70
8,674496.O1
10:34 4M91612022TlCommon\bank\Treasurer's Report\Cash 1 0Jul 22-drcft 5F47,763.93
CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY JULY 2022
PAGE 2
RESTRICTED FUNDS (Cont.T
REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE
327 - BRIDGES CAPITAL RESERVE
328 - MEDIANS & PARKWAYS CAPITAL RESERVE
329 - STORM DRAINS CAPITAL RESERVE
330 - TRAFFIC SIGNALS CAPITAL RESERVE
331 - TMFFIC SIGNALS CAPITAL RESERVE
332 . CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPITAL RESERVE
TOTAL REPLACEMENT FUNDS
SUCCESSORAGENCY FUNDS
4s3 - RDA (WHTTEWATER)
456 - RDA OBLIGATION RETIREMENT
TOTAL SUCCESSOR AGENCY FUNDS
ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT
TOTAL ENTERPRISE FUNDS
INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND
TOTAL INTERNAL SERVICE FUNDS
RESERVE FUNDS
602 - COMPENSATED ABSENCES
TOTAL RESERVE FUNDS
TRUST & AGENCY FUNDS
732 . SPECIAL DEPOSITS
TOTAL TRUST & AGENCY FUNDS
TOTAL ALL FUNDS
FISCAL AGENTS
253 - INDIAN WELLS VILLAS
254 - MOUNTAIN VIEW VILLAS
453 - UNION BANK OF CALIFORNIA TRUSTEE
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECTION 115 TRUST
601 - PARS SECilON 115 TRUST - OPEB
TOTAL FISCAL AGENTS
TOTAL ALL FUNDS & FISCAL AGENTS
UNRESTRICTED FUNDS
RESTRICTED FUNDS
3,555,759.80 3,572FO4.46
$ 90,179,682.77 $ 85,053,588.19
July
2022
July
2021
1,759,893.80
1,809,625.00
r,440,405.07
727,374.00
597,733.00
545,871.00
19,848,108.00
L25,24r.00
r,430,722.80
1,716,968.00
1,366,351.07
690,276.00
566,900.00
5L7,544.00
18,834,443.00
119,018.00
26,854250.87
8,383,632.81
r,062,774.00
25,242,222.87
5,985,976.05
7,290,000.00
9,446,406.8L
r,052,5t6.62
L3,275,976.O5
r,902,442.27
1,o52,5t6.62
0.00 L,9O2,442.27
0.00 0.00 0.00
612,5r2.00 606 s35.00
6L2,5r2.OO 606,535.OO
902,497.44 822 104.39
902,497.44
86,623,922.97
822,tO4.39
81,480,983.73
384,380.94
756,782.05
8,978.35
r,478,978.43
943,484.69
0.00 523,362.67
1,154,815.13
t7.69
8rt,727.76
865,836.55
200,000.00
L6,25O,32L.61
73,929,36L.16
$ 9O,t79,682J7
4,3OO,93L.77
80,752,756.42
$ 85,053,588.19
10:34 AMSl6l2022T:\Common\bank\Treasurer's Report\Cash 1 0Jul 22-draft
INDIAN i .'' .'i:'\j'WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA922'lO
(760)346-2489CALIFOR.NIA
lnvestments
Bank Certificates of Deposit
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable CD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Miscellaneous Securities - Coupon
lnvestments
Total Earnings
Current Year
Average Daily Balance
Effective Return
The
criteria.
Kevin
Repofting petiod 07 101 12022-07 131 12022
The City of lndian Wells
Portfolio Management
Portfolio Summary
July 31,2O22
Value
1,493,000.00
24,918,994.92
2,660,787.63
6,982,000.00
1 1,000,000.00
39,700,000.00
800,000.00
87,554,782,55
July 31 Month Ending
87,102.87
89,6,17,121.65
L'l40lo
Market
Value
1,494,408.58
24,918,994.92
2,660,787.63
6,690,377.31
'10,362,040.00
37,546,295.00
753,1 93.00
84,426,096.44
Par Book
Value
1,493,000.00
24,918,994.92
2,660,787.63
6,982,000.00
1 1 ,051,851 .07
39,700,578.36
802,696.38
olo of
Portfolio
Days to
Maturity
YTM
360 Equiv.
1.306
YTIU
365 Equiv.
2.484
1.090
0.677
1.789
1.865
1.236
0.662
1.324
Portfolio CITY
AP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Te]m
1,426
1 1
1,729
1,464
1,640
1,449
87,509,908.36 100.00% 1,110
1.70 28.44
3.04 7.97
12.61 45.32
o.92
2.444
1.O75
0.668
1.765
1.840
1.219
0.653
247
1 1
868
904
1,238
867
757
cash flow fom revenue and maturing investments will be sufiicient to cover expenditures for the next six months. All securities are "Marked{o-Market" on a monthly basis.
Director
Run Dale: OBD42O22 - 10:48 No fiscal year history available
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
July 31,2O22
Purchase
Date Par Value
Stated
BookValue Ra1g
YTIUI Days to Maturity
360 Maturitv DateMarket Value
244,965.70
250,200.00
248,262.88
250,395.00
2s0,097.50
250,487.50
1,494,408.58
24,918,994.92
0.00 24,918,994.92
1,246,184.92
0.00 1,405,544.31
6,739.39
0.00 0.00
319.01
2,000.00
0.00 2,560,787.63
237,192.50
229,707.48
242,533.47
250,532.50
232,980.00
232,980.00
238,160.00
242,334.17
233,g',t1.12
250,955.00
Fitch
Average
CUSIP lnvestment # lasuer Balance
Bank Certificates of Deposit
01748D8A3 460
173120H69 463
32110Y1K9 473
38148PG43 464
61747MF63 457
795450N84 465
Subtotal and Average 1,493,000.00
Managed Pool Accounts - LAIF
LAIF - City
LAIF - Redevelopment
Subtotal and Average 25,606,144.89
Money Market Sweeprchecking Account
sYs21
SYS23
SYSl
SYS6
SYST
SYSs
SYS2
SYS3
SYS4
SYS19
SYS5
Negotiable CD's
0200808X4
06063HMS9
06652CHA2
06740KMN4
07371AYE7
07371CE88
05580AVX9
14042Tp.Y3
15201QDE4
200334M86
Allegiance Bank Texas
CITIBANK NA
First National Bank of America
Goldman Sachs Bank
Morgan Stanley Bk NA
Sallie Mae
Pacific VVestem Bank
Pacific Vwstem Bank-Ambulance
Pacific Westem-PublicFundsM MA
US Bank Money Market
Pacific Western - Acct Payable
Pacific \ restern-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average
21 23
02107t2018
03n9nu8
07no20'18
04t25no18
0111112018
04n5t2018
071o112020
oa13112021
07t01t2020
07t01t2020
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
1,493,000.00
24,918,994.92
0.00 24,918,994.92
1,246,184.92
0.00 1,405,544.31
6,739.39
0.00 0.00
319.01
2,000.00
0.00 2,660,787.63
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
247,O00.OO
248,000.00
250,000.00
245,000.00
250,000.00
248,000"00
250,000.00
250,000.00
250,000.00
1,493,000.00
24,918,994.92
0.00 24,918,994.92
1,246,184.92
0.00 1,405,5114.31
6,739.39
0_00
0.00 319.01
2,000.00
0.00 2,660,787.63
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
247,000.00
248,000.00
250,000.00
2.84 247
1.O75
0.230
1.075
02rc7n023
03n9n023
0712012023
0412512023
01tl112023
o4t25no23
03n8/2025
07t22t2025
07t26t2024
1012412022
02h7n027
o211712027
03t31n025
06t26n024
o4EOn025
10t30t2023
2.600
2.850
3.150
3.000
2.650
3.050
1.090
o.233
0.250
1.060
o.250
2.564
2.8't1
3.107
2.959
2.614
3.008
190
240
353
267
163
267
1 5
7 I
2 3
4 19
5 515
525
501
482
561
562
512
499
518
48'4
071o112020
071o112020
o.247
0.000
1.045
0.000
0.000
0.000
o.247
0.000
0.000
4,816,798.1s
0313112020
07t22t2020
07t26t2019
1012412018
02na2022
o2t23no22
03t31t2020
07n8no19
04t30no20
10l30no1a
1.400
0.700
2.000
3.250
1.900
1.900
1.550
2.300
1.250
3.450
0.668
1.380
0.690
1.973
3.205
1.874
1.874
1.529
0.000
't.233
3.403
970
1,086
725
84 1,661
1,661
973
695
1,003
455
Alma Bank
Bank of Baroda
Bankwest lnc.
Barclays BanUDelaware
Beal Bank - Plano TX
Beal Bank USA
BMW BANK NORTH AMERICA
Capital One Bank USA NA
Centerstate Bank NA
Comenity Capital Bank
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date. OgD4l2V22 - 'l0t48
Report Ver. 7.3.6.1Page 68 of 122
Stated
BookValue Rat
YTM Days to Maturity
Fitch 360 Maturitv n.ttCUSIPlnvestment #
Negotiable CD's
254673U18
29260MBE4
3202784M9
321 12UDRg
395731811
s380361D4
5901 3J4X4
617604RM3
64034KAG6
654062J22
6673648V0
69506YR15
709621AS1
7496224LO
856285TF8
89235MKY6
90348JFF2
949495AQ8
Medium Term Corporate Notes
0231354V\i6
06048Vv[431
06048\ /M72
06406RAN7
17330PJ8s
48128G2Q2
46632FRU1
6122854E6
95001 D6u9
lasuer
Discover Bank
ENCORE BANK
First Freedom Bank
First Natl Bank of Mccregor TX
Greenstate Credit Union
Live Oak Banking Company
Merrick Bank
Morgan Stanley Private Bank
Nelnet Bank, lnc.
Nicolet National Bank
Northwest Bank
Pacific Vvlestem Bank CA CD
Pentagon Federal Credit Union
RIA Federal Credit Union
State Bank of lndia NY, NY CD
Toyota Financial Sgs Bk
UBS Bank USA
Wells Fargo Natl Bk West
Subtotal and Average
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
July 31,2022
480
520
52'l
517
550
514
486
485
558
513
519
522
557
498
516
548
483
507
489
549
556
524
570
538
533
526
523
529
552
553
Average
Balance
6,982,000.00
9,245,843.09
Purchase
Date
10t03t2018
0413012020
0413012020
04n8no20
06t16t2021
0313112020
112UZUA
11l0ano1a
02t02t2022
o3t31t2020
04t30t2020
04t30no20
09t29t2021
o6t2412019
04/29nO20
04/22n021
10t30t2018
01i2A/2020
12tO4t2018
0512a12021
07ROaO21
0511412020
0729nO22
02126no21
01t22t2021
07t17t2020
04t30t2020
Par Value Market Value
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
249,000.00
250,517.50
239,976.24
239,764_59
235,459.38
226,482.50
237,125.00
250,965.00
250,702.50
229,047.50
237,140.O0
234,463.38
233,911.'t2
223,841.04
246,654.42
236,190.24
227,527.50
251,1 10.00
248,213.16
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
249,000.00
6,982,000.00
995,092.85
'1,000,000.00
1,000,000.00
1,010,398.81
2,000,000.00
1,000,000.00
2,000,000.00
1,046,359.41
1,000,000.00
1t,051,851.07
2,000,000.00
2,000,000.00
2,000,000.00
1010312023
0413012024
o4t30n024
04128t2025
06t16t2026
0313112025
o1t20t2023
11t08t2022
02t022027
03t31t2025
04t30t2025
o413012025
o9t2912026
12n6n023
o4t29t2025
04t22t2026
10n7t2023
uh7n023
02n212023
osn8t2026
07R0t2026
0412412025
0712912023
0?,26n026
ut22n026
06101no25
04/30n023
3.300
1.150
1.100
1.350
0.900
1.400
3.400
3.400
1.500
1.400
1.200
't.250
0.900
2.500
1.600
0.900
3.500
1.900
3.255
1.135
1.086
1.332
0.888
1.382
3.356
3.352
1.479
1.382
1.184
1.233
0.888
2.468
1.578
0.888
3.454
't.875
428
638
638
1,001
1,415
973
172
99 1,646
973
1,003
1,003
1,520
512
1,OO2
1,360
452
169
Federal Agency lssues - Callables
31 33ELZ80
3133EMH21
31 33EML67
Amazon.com lnc.
Bank of America MTN A
Bank of America MTN A
Bank of New York Mellon Corp
Citigroup
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig AA
Wells Fargo & Company
Subtotal and Average
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
2.400
1.250
1.200
1.600
3.800
0.800
0.700
2.503
2.150
205
1,396
1,459
997
362
1,305
1,270
1,035
272
6,9E2,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
r 1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
6,690,377.3r
996,600.00
891 ,810.00
889,490.00
950,020.00
2,004,1 00.00
889,900.00
1,791,640.00
966,600.00
981,880.00
r0,362,040.00
1,864,560.00
1,863,300.00
1,861,760.00
1.765 868
3.303
1.233
1.144
1.190
3.720
0.789
0.690
0.819
2.959
1.840 904
0.572
0.888
0.789
1,093 07t2912025
't,414 06t15t2026
1,421 06t2?,2026
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0
0.580
0.900
0.800
Run Dale: OB f24l 2022 - 1 O: 48
07n9t2020
o6t17t2021
06t22t2021
CUSIP lnvestment#
Federal Agency lssues - Callables
Stated
BookValue R.tc
YTM Days to Maturity
Fitch 360 Maturitr l'1.+claauer
Fed. Farm Credit Bank
Fed. Fam Credit Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan ME Corp
Fed. Nat'l Mortgage Assoc
Fed. Nat'l Mortgage Assoc
Subtotal and Average
Total and Average
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
July 31,2022
31 33EMN99
3133EMVW3
31 30AL3Sl
31 30AL6G4
31 30AL6J8
313OALDN1
31 3oALHZo
3 t 30ALJ62
313OALMM3
313041\ /67
31304MW57
313OAQWF6
313OAQWJ8
3130AQ255
31 30ARCVl
31 3OARGE5
31 30AS3Z0
3134GV1/CG9
3134GXMX9
3134GXQP2
3134GXUM4
3136G4C43
3135GA223
06t30t2021
0712812021
02t17t2021
02t2st202'l
02124t2021
03t16t2021
03118t202'l
03n412021
03t30t2021
04122DO21
0680nO21
o2n5/2022
02124t2022
o3nono22
03128t2022
o4l21no22
05t26t2022
07t30t2020
oa25no22
0412812022
0610712022
08t14t2020
11t17t2020
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
't,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,578.36
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
39,700,578.36
502,696.38
300,000.00
802,696.38
87,609,908.36
06130n025
07t28t2026
02n7n026
o2t25t2026
o2t24no26
o3t16t2026
06t18t2025
0312412026
o3ROt2026
04n2no26
o6t30t2026
02t25t2027
02t24t2027
03t10t2027
03t28t2024
0412112027
11t26t2024
04t30t2025
03i25n025
04t28t2025
06t07t2024
08t14t2025
11t17t2025
554
5s5
534
535
536
539
541
542
544
546
551
559
560
563
565
566
568
530
564
567
569
527
532
Average
Balance
39,700,586.59
802,748.93
89,647,121.65
PurEhase
Date PerValue
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
39,700,000.00
500,000.00
300,000.00
800,000.00
87,554,782.55
Market Value
1,875,220.00
2,795,250.O0
929,510.00
929,660.00
1,861 ,000.00
1,867,120.00
933,800.00
937,210.00
1,877,820.00
928,1 10.00
1,843,780.00
964,650.00
962,300.00
978,040.00
1,969,880.00
988,660.00
1,684,785.00
941,090.00
978,640.00
995,370.00
995,720.00
1,862,420.OO
1,856,640.00
37,s46,295.00
472,450.OO
280,743.OO
753,193.00
84,426,096.44
0.740
0.870
0.625
0.600
0.625
0.800
0.530
0.875
1.000
1.100
0.650
2.150
2.050
2.500
1.500
3.000
3.000
0.650
2.200
3.030
3.050
0_650
0.560
0.730
0.858
0.616
0.592
0.616
0.789
o.523
0.863
0_986
1.085
0.967
2.121
2.O22
2.466
1.846
2.959
2.959
0.621
2.'t70
2.988
3.008
0.641
0.552
1,064
1,457
1,296
1,304
1,303
1,323
1,052
1,331
1,337
1,360
1,429
1,669
1,668
1,682
605
1,724
848
1,003
967
1,001
676
1,109
1,204
Miscellaneous Securities - Goupon
255651 KY6
63877NMM6
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
Subtotal and Average
537
531
02t18t2021
10lo'112020
o.672
1.100
0.395
1.085
1.219 1,238
0.653 867
1.306 757
731 08t01t2024
1,096 08/01/2025
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: OBE42O22 - 10'.48
;- -r" '/4'.1
d-?INDIAN {,'WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA9221O
(760)346-2489CALITORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earninos
Current Year
Average Daily Balance
Rate of Return
Treasurer
Reporting period 07/01 /2022-07 131 12022
Par
201 4, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Summary
July 31,2022
Book
ValueVthra Term
Days to
ilaturity
3.44 3.4
July 31 Month Ending
Uarket
3.44 3.4
olo ol
Portfolio
3.44 100.00
3.4 100.00%
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 14A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
0.00 3.U
0.00%
Run Date: 09/0612022 - 08:00 No fiscal year history available
201 4, 2O1 5, 2016, 2020 Series
Portfolio Management
Portfolio Details - Investments
July 31,2022
Purchase
Date ParValue
Page'l
YTM Days to Maturity
?FF M.ftrrih,
Stated
BookValue P-h
1.00 0.03
o.17
2.24 0.00
3.4 3.4
FitchCUSIPlnveatment #
Money tarket Sweep/Ghecking Account
SYS28
SYS26
sYs25
SYS27
SYS24
lssuer
20144 Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Subtotal and Average
Total and Avorage
Average
Fhhn.n
3.4 3.4
071o112020
07tuno20
0710112020
07rc1n020
oTlo'112020
Market Value
1.00 0.03
0.17 2.24
0.00 3.4
3.4 28
26 25
27 1
1.00 0.03
0.17 2.24
0.00 3.4
3.4 0.000
0.000
0.000
0.000
0.000
0.000
0.000 I
Portfolio 14A
CP
PM (PRF_PM2) 7.3.0Run Date: 09/0612022 - @:00
Report Vs. 7.3.6.'lPage 72 of 122
INDIAN WELLS 2015 A Bonds
Portfolio Management
Portfolio Summary
July 31,2022
Mad(6t
Value
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA9221O
(760)346-2489CALIFOR.NIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current.Year
Average Daily Balance
of Return
Agency
Reporting period 0710{12022-07 13112022
Par
1_00
1.00 1.00 100.00
't.00 100.00%
360 Equiv.
0.000
I 0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 15A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Book
Value
%ot
Portfolio Tarm
Days to
MaturityVa lue
1.00 1.00
July 31 Month Endins
1 0.00
1.00 0.00%
Run Datei 09/06/2022 - 08:01 No fiscal year history available
2015 A Bonds
Portfolio Management
Portfolio Details - Investments
July 31,2022
Statad
BookValue D-h Firrh
1.00 r.00
YTlll Days to Maturity
0.000
0.000
Portfolio 15A
CP
PM (PRF_PM2) 7.3.0
CUSIP lnvestnent#bsuer
Money Market Sweep/Ghecking Account
SYS27 27 2015 A Reserve
SYS22 22 UBC Cost Of lssuance Escrow
Subtotal and Average
Total and Average
Average Purchase
Fl.l.n16 Dale
08131t2021
07n1DO20
1.00 r.00
ParValue
r.00
1.00 Market Value
1.00 1,00
1.00 0.00
'1.00
0.00 1.00
0.00 0.000
0.000
Run Dats: 09/06/2022 - 08:01
Raport Ver. 7.3.6.1Page 74 of 122
//: ./
i_ :'
INDIAN \ WELLS
CATIFORNIA
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA922'lO
(760)346-2489
2016 A Bonds
Portfolio Management
Portfolio Summary
July 31,2O22
Par Market
Value
1.00 1.00
1 .00 't 00_00
1.00 100.00%
Book
Value
o/o ol
Portfolio
Days to
Matudty
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 164
CP
PM (PRF_PM1) 7.3.0
Reporl Ver. 7.3.6.1
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
of Return
Reportang period 07 l0l 12O22-O7 I3'l 12022
Value
1.00 ,t.00
July 31 Month Ending
Term
1 0.00
r.00
0.00%
Run Date:09/0612022 - 07:56 No fiscal year history available
2016 A Bonds
Portfolio Management
Portfolio Details - lnvestments
July 31,2O22
Purchaae
Oate ParValue
Page'l
Stated YTM Daysto ltaturity
Bookvalue e^+- Filch 365 tiatrrritvCUSIPlnvestnent#lssuer Money Market Sweep/Checking Account
SYS28 1 UBC Cost Of lssuance Escrow
SYS33 2 Union Bank Reserve Account
Subtotal and Average
Total and Ave€ge
Avetage
Balame
1.00 1.00
oTto'U2020
07to1no20
0.00 1.00
1.00 1.00
Market Value
0.00 1.00
1.00 1,00
0.00 1.00
1.00 1.00
0.000
0.000
0.000
0.000
I
Portfolio 164
CP
PM (PRF,PM2) 7.3.0Run Datei 09r!612022 - 07:56
Report Ver. 7.3.6.'lPage 76 of 122
INDIAN
/ /,:.. /.l , -!
i' WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnYestments
Total Earnings
Current Year
Average Daily Balance
of Return
Agency
Reporting perioal 07 lO1 12022-07 131 12022
Par
2O22 Bonds
Portfolio Management
Portfolio Summary
July 31,2O22
Mad(et
Value
Book
Value
olo ot
PortfolioValue
12,104,202.71
12,104,202,71
July 3l Month Ending
12.104.202.7',|
12,10/.,202.71
12j04202.71 100.00
12,104,202.71 100.00%
Term
Days to
Maturity
YTM
360 Equiv.
0.000
0.000
365 Equiv.
0.000
0.000
Porllolio22
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
1I
0.00 12,O94,412.40
0.00%
Run D de I Og n6ng22 - 07 : 57 No fiscal year history available
2022 Bonds
Portfolio Management
Portfolio Details - lnvestments
July 31,2022
Purchase
Date Par Value
Stated
BookValue p.ra
Page'l
YTM Days to Maturity
Fitch 365 Maturitv llataCUSIPlnvestment #lssuer
Money llllarket Sweep/Checking Account
SYS2 2 2022 Bonds COI
SYSI 1 2022 Bonds Project Fund
Subtotal and Average
Total and Average
Average
Belance
12,054,412.&
.t2,o94,412.40
02t10t2022
o2t10t2022
33,114.52
12,071,088.19
12,104,202.71
12,104,202.71
Market Value
33,114.52
12,071 ,088.1 9
12,104,202.71
12,104,202.71
33,114.52
't2,071,088.19
12,104,202.71
12,104,202.71
0.000
0.000
0.000
0.000
Poftfolio22
CP
PM (PRF_PM2) 7.3.0Run Date: 09n6/2022 - 07:57
Report Ver. 7.3.6.'lPage 78 of 122
1 INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Resolution Approving Modification No. 5 to Condition Use Permit 2-79-4 to include outdoor retail sales and monthly special events for Sprouts Grocery Store or any Grocery Successor in the Village I Shopping Center (APN: 625-150- 010 & 625-150-009)
RECOMMENDED ACTION:
Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption; and
ADOPTS Resolution No. 2022-37 approving Modification No. 5 to Conditional Use Permit 2-79-4 to include outdoor retail sales and monthly special events herein for Sprouts Grocery Store (“Tenant”) or any Grocery Store (“Successor Tenant”) in the Village I Shopping Center.
DISCUSSION:
BACKGROUND AND SETTING:
The property owner (Village Shopping Center at Indian Wells, LLC) is requesting to modify the permitted uses in Conditional Use Permit 2-79-4 to allow outdoor retail sales and monthly special events herein noted as Sprouts Grocery Store (“Tenant”) or Grocery Store (“Successor Tenant”) at the Village I Shopping Center located on the southwest corner of Cook Street and HWY 111 (Attachment 2). The commercial building was previously occupied by Ralphs Grocery Store but has since remained vacant. Conditional Use Permit 2-79-4 was adopted to establish the conditionally permitted uses allowed within Subarea 10.1 of the City of Indian Wells Municipal Code Planning Area 10.
2 This Conditional Use Permit has been previously modified four times. The first modification, adopted on June 21st of 2007, amended the Conditional Use Permit to allow for permanent outdoor dining areas at the Village I Shopping Center. The second modification, adopted on October 16th of 2008, amended the Conditional Use Permit to allow for routine maintenance of kitchen hoods and grease traps after regular business operating hours for restaurant uses at the Village I Shopping Center. The third modification, adopted on November 15th of 2012, amended the Conditional Use Permit to reestablish conditionally permitted uses; including a new restaurant and bank use at the freestanding building pad within the center. The fourth modification, adopted on April 18th of 2019, amended the Conditional Use Permit to expand the amount of permitted restaurant space, this modification included the addition of 14,320 square feet of restaurant space within the center. The Planning Commission held a duly noticed public hearing on August 25, 2022, where they reviewed the latest modification and recommended approval to the City Council 4 to 0, with 1 excused.
DESCRIPTION AND ANALYSIS:
The applicant is requesting approval of the fifth modification to Conditional Use Permit 2- 79-4 to allow outdoor retail sales and monthly special events for Sprouts Grocery store or any Grocery Store Successor. The subject properties are bound by Highway 111 to the north, Cook Street to the east, single-family homes to the south, and professional offices to the west. Photos of the site are included in Attachment 3.
The subject property is in Planning Area 10 (Village I) which includes Subarea 10.1 and is currently zoned Community Commercial (CC). Grocery stores are conditionally permitted uses within the City’s CC Zone and allowed by right within the Village I Center through Conditional Use Permit No. 2-79-4. The applicant is requesting that the Sprouts Grocery Store or its Grocery Successors be allowed to have outdoor retail sales and Special Events as a permitted use under Conditional Use Permit No. 2-79-4. The proposed outdoor sales and special event areas are shown on Attachment 4.
The applicant would like the special events to be allowed once a month exclusively for the Sprouts Grocery Store or Grocery Store Successor. Special events are currently allowed with the approval of a temporary use permit within Planning Subarea 10.1.
However, the applicant is requesting the outdoor sales and special events for the Sprouts Grocery Store, or its Grocery Successor be allowed as part of the Conditional Use Permit.
The special events process for the Sprouts Grocery Store or Grocery Store Successor would be streamlined to involve a review/approval of the Site Plan and event description by the Community Development Director, Chief Building Official, and Fire Chief with an emphasis on safety. This would ease the process of planning special events for the Sprouts Grocery Store or Grocery Store Successor as opposed to applying for a temporary use permit each month. Staff has proposed the alternative process to ensure public safety while facilitating these special events for the Sprouts Grocery Store or Grocery Store Successor with Conditions of Approval Nos. 31-35 as shown below:
3 31. Special Events for the Sprouts Grocery Store or any Grocery Successor shall be part of the Conditional Use Permit and not require a formal Special Event or Temporary Event Application.
32. In consideration of public safety, any Special Events involving new activities or expanded use areas shall require submitting a new site plan and event description to the Community Development Director, Chief Building Official, and Fire Chief 14-days prior to the event.
a. Based on the information provided the Community
Development Director, Chief Building Official, or Fire Chief may require additional safety measures or inspections, as warranted.
33. Any outdoor cooking or outdoor flame shall be setback a minimum of 20- feet from the propane tank and any flammable structures or materials.
34. No live outdoor musical entertainment shall be permitted without the approval of a Temporary Use Permit as outlined in Section 21.06.060 of the City of Indian Wells Municipal Code.
35. The applicant still must comply with the temporary use regulations found in Section 21.06.060 of the Indian Wells Municipal Code.
The allowable area for the outdoor sales would be limited to the sidewalk area at the front entry to the Grocery Store as shown on the Site Plan (Attachment 3). All outdoor sales areas shall be required to be neat and tidy at all times and inventory shall be brought in each evening before closing.
Trash Storage
The Trash Receptable for the Sprouts Grocery Store shall be assigned by the owner for their exclusive use. All trash must be kept inside the recepta cle and the dumpster area shall remain free of trash and debris at all times.
Grocery Carts
The management of grocery carts are handled thru Condition Nos. 11-15. The Conditions of approval assume that the current collection areas in the parking area and between the two front doors will continue to be used and need no approval from the City. Grocery cart storage inside store is also allowed. Any changes in location to the collection areas
4 in the parking lot or outside the building in a new location would require approval from the Community Development Director.
Parking
The parking for the shopping center will not be changed by this proposal. However, whereas it is required to comply pursuant to the current ADA requirements for clear path of travel and ADA accessibility. The monthly Special Event would be held on the sidewalk where the daily outdoor sales area would be located and would also occupy 4 parking stalls in the parking lot, as shown on Attachment 3. The Sprouts Grocer will occupy approximately two-thirds (67%) of the building footprint of the former Ralphs store.
Considering the parking demand for Sprouts would be approximately 33% less, the loss of 4 parking stalls once a month in favor of the Special Event would not result in a parking deficiency.
ENVIRONMENTAL ASSESSMENT:
This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City Acting as Lead Agency has determined the proposed Conditional Use Permit Modification will have no significant effect on the environment and qualifies as being Exempt from CEQA pursuant to Section 15061(b)(3), Common Sense Exemption.
ATTACHMENTS:
1.Resolution
2.Vicinity Map
3.Site Photos
4.Site Plan
September 14, 2022
Indian Wells City Council
44950 Eldorado Drive
Indian Wells, CA 92210
To the Honorable City Council:
This is in regards to Agenda Item H.1, Modification No. 5 to CUP 2-79-4. I am submitting this comment regarding proposed changes to the conditional use permit for the grocery store location at Highway 111 and South Cook Street, on behalf of the members of the Coachella Valley Community Coalition, a group of residents, neighbors and workers who care deeply about our community and the quality of life here for our families.
I am incorporating the letter we submitted to the Planning Commission, attached below as “Attachment A.” This letter was not included in the agenda packet submitted to the City Council for today’s meeting which was hopefully just an honest oversight by staff.
In addition to the concerns expressed in our letter to the Planning Commission, we would like to raise our concerns that the proposed amendments to the conditional use permit do not meet the requirements of the ordinance, most specifically, the second required finding for a conditional use permit.
The second required finding for issuance of a conditional use permit requires that the City make an affirmative finding, supported by some degree of objective evidence, that “[t]he proposed modification to the Conditional Use will not be detrimental to the public health, safety, welfare, or be materially injurious to properties or improvements in the vicinity.” Section 1, subd. (2) of proposed Resolution 2022-37, includes the mandatory finding of fact (labeled “FACT:”), however the actual substance of this finding is circular and does not state how the required finding is actually satisfied. This finding misunderstands the legislative intent of this requirement and does not provide information sufficient to satisfy the requirement of making this finding and determination.
Conditional use permits are discretionary permits, not ministerial permits. It is circular and not substantive to say that the permit has no adverse impacts because it meets the requirements of the City’s building and fire codes. It cannot be the legislative purpose of this finding requirement to merely state that the proposed development meets the requirements of the building and fire code, because no development could go forward which did not meet these requirements. In other words, because a conditional use permit is a discretionary permit to which there is no entitlement, it cannot 09/15/2022 Submitted Public
Comment- Public Hearing Item H.1
be the purpose of the finding requirement that simply meeting the ministerial requirements of the building and fire code is sufficient to compel the issuance of this permit.
The finding of fact in the resolution refers to the conditions that would “prevent detriment to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.” This merely states the requirement of the finding in the finding of fact (i.e., it is conclusory rather than substantive). It is not stated which conditions address which potentially adverse impacts, or how they do so. There are no direct references to the conditions imposed on the issuance of the permit, other than a general reference to the conditions themselves. There are no substantive statements regarding why there would be no detriment despite the issuance of an extraordinary land use permission (i.e., the conditional use permit).
In addition to the requests and objections in our attached letter that we submitted to the Planning Commission, we would ask that the City make appropriate findings to support the issuance of this conditional use permit, so that the public and decision-makers are better able to make an informed decision regarding this project, and to meet the legal requirements of the City’s zoning ordinance.
Thank you for your time and consideration of our concerns.
Sincerely,
Robert Calloway
Coachella Valley Community Coalition
ATTACHMENT “A”
August 25, 2022
Indian Wells Planning Commission
44950 Eldorado Drive
Indian Wells, CA 92210
To the Honorable Planning Commission:
This is in regards to Agenda Item E.2., Approval of Modification No. 5 to Conditional Use Permit 2-79-4. I am submitting this comment on behalf of Coachella Valley Community Coalition, a coalition of residents, neighbors and workers who care deeply about our community and the quality of life here for our families.
We have concerns regarding changes proposed to the conditional use permit for the grocery store location at Highway 111 and South Cook Street. The proposed modifications for the conditional use permit would allow the property owner, so long as the facility is a grocery store use, to engage in permanent outdoor sales and be able to hold regular special events without further applications for those permits.
We are concerned that without the regular review process for special events permits, as they are planned, and the lack of specificity of those events, that there would be public safety concerns that would conflict with the zoning code’s requirement that conditional use permits and any modifications of them, not be injurious to the health, safety, and general welfare of the public.
The approval resolution for this conditional use permit does not describe specifically what special events would be covered by the blanket approval for these monthly events, the orientation of the facilities for these special events, or the particular interaction between these special events and vehicle circulation on the site.
This could result in potential public safety conflicts, in particular pedestrian impediments and injuries. We would encourage the City to strip out any provision that grants a blanket approval for special events permits going forward and require the applicant to revisit the special permit application on an as-needed basis, just as with other commercial enterprises and businesses in the city. In approving this CU permit application, the Planning Commission would be granting special treatment and entitlements to this applicant and business, which is unfair to other merchants in the area and sends a message that our local laws and ordinances can be set aside for the right applicant and project instead of being administered equitably to all.
And while we know this may not be germane to the CU permit being considered today by the Commission, we would be remiss in not also stating that we have general concerns about the Sprouts Market grocery store being proposed at 74895 Highway 111. We believe that this project will negatively impact traffic, commute and emergency response times, public safety, the environment, good paying jobs, and residents’ quality of life in our community. We know that the site was a former grocery store and that grocery stores are known to generate more traffic than most commercial uses. Perhaps other alternative commercial uses could be considered. If not, perhaps a new traffic impact study could be conducted before this project is approved in order that residents might then at least have the benefit of knowing what the new project impacts will be from the proposed grocery store. Just the fact that it used to be a grocery store should not be enough in assessing the need for new study and analysis of project impacts.
For these reasons, we hope that the Commission will deny the applicant’s request for a modification to the CU permit for the proposed site, or at least consider holding off on making a decision until such time as more studies and analysis on project impacts can be completed.
We want to thank you for your time and consideration of our concerns.
Sincerely,
Robert Calloway
Coachella Valley Community Coalition
Community Development Department
Conditional Use Permit 2-79-4
(Modification)
Indian Wells Village I Shopping Center
09/15/2022:
Public Hearing Item H.1
Staff Presentations
Highway 111
Co
o
k
S
t
r
e
e
t
Vicinity Map
Outdoor Sales & Events
Typical Outdoor Sales Area
Typical Special Events
Outdoor Sales & Special Events
Terms of Use
•All inventory shall be brought inside the Grocery Store each evening. •The use of any type of outdoor public address system and outdoor speakers shall be prohibited.
•Any Exterior Modifications to the Building must be approved by the Design Review Committee or Planning Commission pursuant to the requirements of the Municipal Code.
•Changes to the Shopping Cart Storage Areas or Enclosures must be Approved by the Community Development Director.
•In consideration of public safety,any Special Events involving new activities or expanded use areas shall require submitting a new site plan and event description to the Community Development Director,Chief Building Official,and Fire Chief 14-days prior to the event.
Staff Recommended Actions
City Council:
FINDS the activity to be exempt from CEQA pursuant to Section § 15061(b)(3);and
ADOPTS Resolution No.2022-37,approving Modification to the Center’s existing CUP to include:
daily outdoor sales;and
monthly special events
for the Sprouts Grocery Store in the Village I Shopping Center.
QUESTIONS?
Site Plan
RESOLUTION NO. 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING MODIFICATION NO. 5 OF
CONDITIONAL USE PERMIT NO. 2-79-4 TO INCLUDE DAILY
OUTDOOR RETAIL SALES AND MONTHLY SPECIAL EVENTS FOR A
SPROUTS GROCERY STORE OR GROCERY STORE SUCCESSOR AT
THE VILLAGE I SHOPPING CENTER, LOCATED AT 74-895
HIGHWAY 111 (APN 625-150-010 & 625-150-009), IN INDIAN
WELLS, CALIFORNIA.
WHEREAS, The Village at Indian Wells, LLC (the “Applicant”), has filed applications with the City of Indian Wells (the “City”) for approval of a Modification No. 5 of Conditional Use Permit No. 2- 79-4 to include daily outdoor retail sales and monthly special events for a Sprouts Grocery Store or Grocery Store Successor at the Village I Shopping Center located at 74-985 Highway 111, at the southwest corner of Highway 111 and Cook Street (the “Project”); and WHEREAS, notice of a public hearing of the Planning Commission of the City of Indian Wells to consider the Applicant's request was given in accordance with applicable law; and WHEREAS, on August 25, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended approval to City Council; and WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider the Applicant's request was given in accordance with applicable law; and WHEREAS, on September 15, 2022, a duly noticed public hearing was held by the City Council at which the Council considered the potential effects of the Project on public and private facilities, and accepted oral and written testimony from interested persons; and WHEREAS, the City Council carefully considered all information pertaining to the CUP Modification, including the staff report, project plans and specifications, and all the information, evidence, and testimony presented at its public hearing; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings:
Conditional Use Permit Findings:
1.The proposed location of the modified Conditional Use Permit is in accordance with the objectives of the City’s Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located.
FACT: The proposed location of the Modified Conditional Use is a commercial center in accordance with the objectives of the Community Commercial Zoning and Planning Area ATTACHMENT #1
City of Indian Wells
Resolution 2022-37
10.1, in which the site is located, and previously approved, pursuant to the Indian Wells Zoning Code Chapter 21.30 and Section 21.14.100(a) respectively. Modification No. 5 seeks to allow outdoor retail spaces for a Sprouts Grocery Store or Grocery Store Successor within the existing commercial center, which is a conditionally allowed use under Conditional Use Permit 2-79-4.
It is also in accordance with the purpose of the Land Use Element of the General Plan by supporting commercial projects to ensure fiscal benefit and competitive advantage, by modifying allowable uses that relate to the City’s economy and promotes orderly development.
2. The proposed modification to the Conditional Use will not be detrimental to the public health, safety, welfare, or be materially injurious to properties or improvements in the vicinity.
FACT: The proposed modification to the Conditional Use Permit includes conditions that prevent detriment to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. Modification No. 5 requires adherence to all applicable sections of the Indian Wells Municipal Code, California Building Code, and California Fire Code thus avoiding adverse impacts resulting from the development’s use.
Additionally, it conditions limitations on outdoor retail uses and monthly special events to prevent impacts of noise and from the Sprouts Grocery Store or Grocery Store Successor.
3. The proposed modification to the Conditional Use will comply with each of the applicable provisions of this Zoning Code except for approved Variances.
FACT: The proposed modification of the Conditional Use Permit has been conditioned to comply with each of the applicable provisions of the City’s Municipal Zoning Code, except for approved variances. The use of outdoor retail sales and monthly special events for a Sprouts Grocery Store or Grocery Store Successor, under Modification No. 5, is appropriate as an ancillary use for the approved Conditional Use Permit pursuant to the Indian Wells Municipal Code. Conditions of Approval are attached hereto as Exhibit “A” and made incorporated by reference.
Environmental Findings:
4. The proposed modification to Conditional Use Permit No. 2-79-4, has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City.
FACT: The proposed modification would not create any new significant impacts or substantially increase the severity of previously assessed impacts. Furthermore, the use proposed by this Modification No. 5 to Conditional Use Permit No. 2-79-4 qualifies as being Exempt from CEQA under the Common Sense Exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines.
City of Indian Wells
Resolution 2022-37
SECTION 2. The City Council ADOPTS Resolution No. 2022-37 approving Modification No. 5 of Conditional Use Permit No. 2-79-4, and adoption of the associated Statutory Exemption subject to the Conditions of Approval listed on Exhibit “A” attached hereto and by this reference incorporated herein.
SECTION 3. This Resolution shall take effect upon adoption.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail, a certified copy of this Resolution to Applicant class, prepaid, United States mail, a certified copy of this Resolution to the Applicant.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a special meeting held on this 15th day of September, 2022.
____________________________
DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-37
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a special meeting of the City Council of the City of Indian Wells on the 15TH day of September, 2022, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
City of Indian Wells
Resolution 2022-37
Exhibit “A”
Conditions of Approval for
Modification No. 5 to Conditional Use Permit (CUP) No. 2-79-4 Resolution No. 2022-37
Indian Wells Village I Shopping Center
September 15, 2022
General:
1. The Applicant shall defend, indemnify, and hold harmless the City of Indian Wells and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Indian Wells, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Indian Wells concerning this project, including but not limited to any approval or condition of approval by the Planning Commission. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.
2. This approval of modification No. 5 to CUP No. 2-79-4 shall be used within one (1) year after final approval or it shall become null and void unless the time limit is extended by the City Council per Municipal Code Section 21.06.040(e). The phrase “be used” above shall mean the application and approval of required City approvals for the Sprouts Grocery Store including two areas for outdoor sales, and the conducting of Special Events including, but not limited to, building permits as applicable, and obtaining a City of Indian Wells business license.
3. All applicable Conditions of Approval adopted by the City Council for Conditional Use Permit No. 2-79-4 (Village Shopping Center) either through Conditions of Approval or Meeting Minutes shall remain in full force and effect, except as modified herein.
4. Unless, modified by a variance, all Community Commercial (CC) development standards shall be in effect.
5. All proposed exterior building elevations, landscape and hardscape design modifications within the center must obtain Architecture and Landscape Review approval prior to obtaining building permits in accordance with Chapter 21.60 of the Indian Wells Zoning Code.
6. All signage must be in compliance with the approved Indian Wells Plaza Planned Sign Program pursuant to Indian Wells Municipal Code Chapter 17.20 and all other applicable Code sections. Proposed deviations from the approved Planned Sign Program shall be submitted for consideration as an application in compliance with Indian Wells Municipal Code Section 17.20.010(b).
City of Indian Wells
Resolution 2022-37
7. The applicant must obtain written verification from the City Community Development Director, Building Official and Fire Marshal, or designees, of compliance with all Conditions of Approval and Code requirements, prior to commencement of operations of the Sprouts Grocery Store as approved by this modification No. 5 to CUP No. 2-79-4.
8. Upon final approval by the City Council, the applicant shall agree in writing to these Conditions of Approval.
Conditionally Permitted Uses:
9. The following uses shall be conditionally permitted uses as allowed by CUP No. 2-79-4:
a. Sprouts Grocery Store or any Grocery Store Successor. b. Outdoor Sales for the Sprouts Grocery Store or any Grocery Store Successor. c. Special Events related to the Sprouts Grocery Store or any Grocery Store Successor.
Parking:
10. All parking provided in the commercial center shall be shared by all approved uses and businesses in the center in order to meet City parking requirements.
Grocery Carts:
11. Interior storage of grocery carts does not require approval by the City of Indian Wells.
12. The use or partial use of the current grocery cart collection area adjacent to the building and that currently exists needs no approval by the City of Indian Wells.
13. The use of the existing grocery cart collection areas needs no additional approval from the City.
14. The location and design of any new grocery cart collection areas must be approved by the Community Development Director prior to issuance of any permits.
15. Any new exterior storage areas must be adjacent to the building and screened from public view. The location and design must be approved by the Community Development Director prior to issuance of any permits.
Hours of Operation for the Center:
16. The hours of deliveries to the Sprouts Grocery Stores or any Grocery Successor shall be limited from 7:00 a.m. to 10:00 p.m., Monday through Sunday.
17. The Sprouts Grocery Store or any Grocery Successor shall not perform outdoor clean-up activities after 10:00 p.m. and before 7:00 a.m., Monday through Sunday.
18. The Sprouts Grocery Stores or any Grocery Successor within the Village I shopping center shall be allowed to conduct routine maintenance of kitchen hoods after normal business hours:
City of Indian Wells
Resolution 2022-37
a. The cleaning of any grease traps and grease interceptors shall be limited from 7:00 a.m. to 5:00 p.m., Monday through Saturday.
b. No clean-up of kitchen hoods, grease traps or grease interceptors shall take place on Sundays.
19. The use of any power equipment associated with the clean-up of the Sprouts Grocery Store or any Grocery Successor shall occur only between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturdays. No such work shall occur on Sundays or National Holidays.
20. Construction hours shall be limited to the hours as specified in Section 9.06.047 of the City of Indian Wells Municipal Code. Site access for the start time of construction cannot be obtained until 7:00 a.m. and no staging of vehicles will be allowed on Cook Street or Highway 111.
Outdoor Sales:
21. Outdoor Sales shall be limited to the Sprouts Grocery Store or any Grocery Successor only.
No other tenants in the Indian Wells Village Shopping Center shall have outdoor sales.
22. Outdoor sales for the Sprouts Grocery Store or any Grocery Successor shall be limited to the area identified on Exhibit No. 6.
23. Outdoor Sales shall be permitted for the Sprouts Grocery Store or any Grocery Store Successor during the store’s normal business hours.
24. Outdoor sales areas shall be maintained in clean orderly manner free from trash, debris, and odors.
25. All inventory shall be brought inside the Grocery Store each evening.
26. The Store and Outdoor Sales Area shall comply with all applicable provisions of the Americans with Disabilities Act (ADA).
27. The use of any type of outdoor public address system and outdoor speakers shall be prohibited.
28. The Sprouts Grocery Store or any Grocery Successor shall use their assigned Trash Enclosure on the rear of the building. All trash shall be placed inside the dumpster and the area surrounding the enclosure shall be kept clear of trash and debris at all times.
29. The temporary storage of trash and refuse, other than within an approved trash enclosure receptacle, on the outside of any business located within the Village I Shopping Center shall be prohibited. Any violation of this condition shall result in immediate action by the City’s Code Enforcement Officer.
30. Any modifications or additions to site lighting shall be reviewed and approved by the Community Development Director prior to installation. Said lighting shall be designed and
City of Indian Wells
Resolution 2022-37
located in such a manner as to preclude adverse impact to adjacent property or any member of the public who may be traveling on adjacent roads or right-of-ways.
Special Events:
31. Special Events for the Sprouts Grocery Store or any Grocery Successor shall be part of the Conditional Use Permit and not require a formal Special Event or Temporary Event Application.
32. In consideration of public safety, any Special Events involving new activities or expanded use areas shall require submitting a new site plan and event description to the Community Development Director, Chief Building Official, and Fire Chief 14-days prior to the event. a. Based on the information provided the Community Development Director, Chief Building Official, or Fire Chief may require additional safety measures or inspections, as warranted.
33. Any outdoor cooking or outdoor flame shall be setback a minimum of 20-feet from the propane tank and any flammable structures or materials.
34. No live outdoor musical entertainment shall be permitted without the approval of a Temporary Use Permit as outlined in Section 21.06.060 of the City of Indian Wells Municipal Code.
35. The applicant must comply with the regulations found in Section 21.06.060 of the Indian Wells Municipal Code.
END OF CONDITIONS
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Vicinity Map Attachment 2
Site Photos Attachment 3
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Site Plan Attachment 4
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Resolution to Amend Ticket Distribution Policy to Conform with Regulation as Amended by the Fair Political Practices Commission
RECOMMENDED ACTION:
Council ADOPTS Resolution to amend Distribution of City-Controlled Tickets to City Officials Policy to conform with Regulation 18944.1 and other FPPC Regulations as amended; and
APPROVES the removal of existing and conflicting ticket distribution policies.
BACKGROUND:
FPPC Regulation 18944.1 creates an exception to the definition of gift for tickets or passes to entertainment, sports or other similar events which are donated to an agency and distributed to public officials for use for official public business as long as the agency complies with specified requirements.
Regulation 18944.1 requires an agency to:
1. Adopt a distribution policy setting minimum provisions required under Regulation 18944.1;
2. Post a copy of the policy on the City’s website and email a link to the FPPC for posting;
3. Ensure the ticket/pass is used for a stated governmental purpose;
4. Complete Form 802 for each distribution and retain Form 802 as a public record under the Political Reform Act; and
5. Post a copy of each Form 802 on the City’s website and email a link to the FPPC for posting.
On May 16, 2013, the City of Indian Wells adopted a Resolution setting forth a written Distribution of City-Controlled Tickets to City Officials Policy (City Council Policy Manual Chapter 2.10) to comply with Regulation 18944.1.
The ticket policy governs more than just the Council, the regulations apply to public officials and City employees. Staff recommends the policy be resided in a resolution as a separate policy as most cities have adopted. The updated policy proposed to be adopted by Resolution will be removed from the City Council Policy Manual.
Discussion:
In the past few years, the FPPC has revised Regulations 18942, 18944, 18944.1, 18946 and 18946.1 in an effort to provide clarification of the definitions and valuation of tickets and passes and revise the requirements for agency ticket distribution policies in an effort to limit misuse of resources and the potential to abuse these policies.
These Regulations were amended to provide clarification as to when a City Official is exempted from reporting certain tickets and passes on a Form 700 or as additional income, and to include certain revisions affecting the requirements of agency ticket distribution policies, including the following:
1. Require the agency to post its distribution policy and any amendments on the agency’s website within 30 days of adoption or amendment and send a link to the website displaying the policy to the FPPC for additional posting.
2. Require the agency to post all Form 802s to its website within 45 days after distribution and email the website link displaying Form 802s to the FPPC for additional posting.
3. Provide that for tickets distributed to a department or other City unit, or to an organization outside the City, and not used by a member of the City Council, political appointee, department head or the City Manager, the report may name the department or organization with the number of tickets received, in lieu of naming individual employees or individuals of the organization.
4. Provide that the provisions of the Policy apply only to benefits an official receives that are provided to all members of the public with the same class ticket.
5. Prohibit disproportionate use of tickets by members of the gov erning body, chief administrative officer or department heads.
6. Require Officials to submit a written report of findings and recommendations when a ticket is distributed for purposes of oversight or inspection of facilities.
In addition, staff recommends updating the Policy to address the tickets available to City officials through the City-wide lottery system for the BNP Paribas Open.
Based on the foregoing, and on the matters recited in more detail in the Resolution itself, Staff requests that the City Council adopts Resolution.
ATTACHMENTS:
1. Resolution
RVPUB\PKNOX\757753.1
RESOLUTION NO. 2022-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA ADOPTING AN AMENDED TICKET
DISTRIBUTION POLICY TO CONFORM WITH SECTION 18944.1
OF TITLE 2, CALIFORNIA CODE OF REGULATIONS, AS AMENDED
BY THE FAIR POLITICAL PRACTICES COMMISSION
WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted Section 18944.1, Title 2, California Code of Regulations (“Regulation 18944.1”) to regulate the distribution and disclosure by public agencies of certain tickets and passes to public officials and employees; and
WHEREAS, Regulation 18944.1 provides that a ticket or pass distributed pursuant to an adopted policy and properly disclosed by the agency is not a gift to the public official and does not trigger a disclosure requirement on the official’s Statement of Economic Interests, Form 700; and
WHEREAS, the City Council of the City of Indian Wells (the “City”) adopted a ticket distribution policy entitled, “Distribution of City-Controlled Tickets to City Officials” (City Council Policy Manual Chapter 2.10) (“Policy”), pursuant to Regulation 18944.1 to provide for the distribution of such tickets or passes; and WHEREAS, since that time, the FPPC amended Regulation 18944.1 in order to clarify the valuation of tickets and passes, and other policy requirements; and WHEREAS, the distribution to and use of such tickets and passes by officials frequently serve legitimate governmental and/or public purposes; and WHEREAS, from time to time, the City may receive complimentary or discounted tickets or passes from third party sources, both public and private, for distribution to City officials; and
WHEREAS, based on such practice and amended Regulation 18944.1, the City desires to update its Policy regarding the distribution of tickets and/or passes; and WHEREAS, the proposed updated Policy incorporates the revisions to Regulation 18944.1 made by the FPPC since the adoption of the Policy to ensure that the Policy establishes a fair and equitable process for the distribution to City officials of such tickets and passes by the City, in compliance with the requirements of FPPC Regulations.
ATTACHMENT#1
City of Indian Wells
Resolution No. 2022-36
2 NOW THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council of the City of Indian Wells hereby approves and adopts the City’s amended Distribution of City-Controlled Tickets to City Officials Policy updated in accordance with FPPC Regulation 18944.1, and attached hereto as Exhibit “A.”
Section 3. The City Manager is directed to implement this Policy.
Section 4. The Resolution shall take effect immediately upon adoption.
Section 5. All previous ticket distribution policies adopted by the City under Regulation 18944.1 are hereby repealed.
Section 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California at a regular meeting held on the 15th day of September 2022.
_____________________________
DANA REED
MAYOR
City of Indian Wells
Resolution No. 2022-36
3 CERTIFICATION FOR RESOLUTION NO. 2022-36
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 15th day of September 2022, by the following vote:
ATTEST: APPROVED AS TO FORM:
________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN
CITY CLERK CITY ATTORNEY
City of Indian Wells
Resolution No. 2022-36
4 Exhibit “A”
CITY OF INDIAN WELLS
DISTRIBUTION OF CITY-CONTROLLED TICKETS POLICY
(following this page)
City of Indian Wells
Resolution No. 2022-36
5 CITY OF INDIAN WELLS
DISTRIBUTION OF CITY-CONTROLLED TICKETS POLICY
A. PURPOSE AND APPLICATION OF POLICY.
The purpose of this Policy is to ensure that all Tickets distributed by the City are issued in furtherance of a valid governmental and/or public purpose of the City as required under Fair Political Practices Commission (“FPPC”) Regulation 18944.1.
This Policy applies to Tickets which provide admission to an Event. This Policy shall be applicable to every officer, agent and employee of the City who is obligated to file an Annual Statement of Economic Interests (FPPC Form 700) under state law or the City’s current Conflict of Interest Code.
This Policy only applies to the benefits the City Official receives by the admission and are not applicable to any other item of value provided. This Policy does not generally apply to political or nonprofit fundraisers which are governed under a separate FPPC Regulation. This Policy also does not apply to Tickets provided directly to or earmarked for the City Official or a certain class of City Officials.
B. DEFINITIONS.
Unless otherwise expressly provided herein, words and terms used in this Policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may be amended from time to time) and the FPPC regulations (Title 2, Division 6 of the California Code of Regulations, section 18110 et seq., as the same may be amended from time to time).
“City” shall mean and refer to the City of Indian Wells and any other affiliated agency created or activated by the Indian Wells City Council.
“City Official” shall mean and refer to every member, elected officer, appointed officer, employee, or consultant of the City, as that term is defined by Government Code Section 82048 and FPPC Regulation 18701. This term shall include, without limitation, any City board, commission or committee member or other appointed official or employee required to file an annual Statement of
City of Indian Wells
Resolution No. 2022-36
6 Economic Interests (FPPC Form 700). For the purposes of this Policy, this term shall also include a spouse serving a public purpose by accompanying a City Official to an Event and thereby serving as an ambassador of the City.
“Event” shall mean an event, show or performance for entertainment, amusement, recreational or similar purpose for which a Ticket is required to gain admission.
“FPPC” shall mean and refer to the California Fair Political Practices Commission.
“Immediate Family” shall mean and refer to spouse and dependent children as defined in Government Code section 82029.
“Policy” shall mean and refer to this “Ticket Distribution Policy.”
“Spouse” shall mean a husband or wife, domestic partner, similar significant other or any person with whom a Councilmember is in a bona fide dating relationship, as that term is used in FPPC Regulation 18942(18)(A).
“Ticket” shall mean and refer to a “ticket and/or pass” to an Event.
“Ticket Administrator” shall mean and refer to the City Manager or his/her designee.”
C. GENERAL PROVISIONS.
1) No Right to Tickets: The use of a Ticket is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.
2) Limitation on Transfer of Tickets: Tickets distributed to City Officials pursuant to this Policy shall not be transferred to any other person, except to members of such City Official’s immediate family or no more than one guest solely for their attendance at the event. Under no circumstances may either the City Official or a member of his or her immediate family sell or further transfer any Ticket provided under this Policy.
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Resolution No. 2022-36
7 3) Return of Tickets or Reimbursement of City: Any City Official may return any Ticket unused to the City for redistribution pursuant to this Policy. In addition, a Ticket is not subject to the provisions of this Policy and is not a gift for the purposes of the FPPC Regulations, if the City Official reimburses the City for the ticket within 30 days of receipt.
4) Prohibition Against Sale of or Receiving Reimbursement for Tickets: No individual who receives a Ticket pursuant to this Policy shall sell or receive reimbursement for the value of the Ticket.
5) No Earmarking of Ticket Given to City: No Ticket gratuitously provided to the City by an outside source and distributed by the City to, or at the behest of, a City Official pursuant to this Policy shall be earmarked by the original source for use by a particular City Official or a specific class of City Officials.
6) Limitation on Use: Any ticket or pass is deemed to serve a public purpose if distributed to a City Official, other than an elected official, for the City Official’s personal use in order to support general employee morale, to encourage retention, or to reward public service, if the ticket or pass is acquired by the City: (i) pursuant to a contract to use public property, (ii) because the City controls the event, or (iii) by purchase at fair market value.
For purposes of this paragraph, "personal use" means use by the City Official, his or her family, or no more than one guest. Nothing in this section limits the receipt, distribution, and behest of tickets or passes by elected officials for any of the other public purposes stated in Section 2.08.060.
7) Disproportionate Use of Tickets: A disproportionate use of Tickets by members of the City Council, political appointee, department heads, or City Manager is prohibited.
8) Valuation of Tickets: The value of any Ticket shall be the fair value of the Ticket. The “fair value” is the face value of the Ticket, or the price at which the Ticket would otherwise be offered for sale to the general public by the operator or host. Where the Ticket does not reflect the actual cost for a Ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of Tickets available for that box or suite.
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Resolution No. 2022-36
8 D. TICKET ADMINISTRATOR.
1) Designation of Ticket Administrator: The City Manager or his/her designee shall be the “Ticket Administrator” for purposes of implementing the provisions of this Policy.
2) Authority: The Ticket Administrator has the sole authority, in his or her discretion, to establish procedures for the distribution of Tickets supplemental to and in accordance with this Policy. All requests for tickets from City Officials which fall within the scope of the Policy shall be made in accordance with the procedures established by the Ticket Administrator.
3) Implementation of Policy: The Ticket Administrator or his or her designee is hereby designated as having primary responsibility for distributing Tickets in his or her discretion to a reasonable number of City Officials in a manner that will best serve the City’s interests and to persons whose attendance at a particular Event serves a specific governmental or public purpose.
4) Revoking/Suspending Ticket Privileges: The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of Tickets in accordance with this Policy.
5) Attendance: If available, the Ticket Administrator shall attend all events to which the City obtains control of Tickets as the City’s primary staff representative.
E. OFFICIAL DUTIES AND CEREMONIAL ROLES.
Tickets provided to City Officials as part of their official duties, or Tickets provided so that the City Official can perform a Ceremonial Role must be reported on FPPC Form 802.
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Resolution No. 2022-36
9 F. SPECIFIC GOVERNMENTAL OR PUBLIC PURPOSE FOR TICKET DISTRIBUTION.
The City Council has determined that there are certain times where a City Official’s attendance serves a valid public purpose which benefits the City. The following is a list of the type of reasons which meet this requirement. The list is intended to be illustrative rather than exhaustive. The City may provide Tickets to or at the behest of a City Official for Events which serve any of the following public or governmental purposes:
1) Promote, evaluate, and provide management and/or official oversight of City- controlled, sponsored or supported events, activities, or community programs at City venues, including but not limited to evaluation of the venue, quality of performance and compliance with City policies, agreements, and other requirements. When a public purpose involves the oversight or inspection of facilities by a City Official, the City Official is required to provide a written inspection report and/or recommendation to be included in the City’s Form 802 (see Section 2.08.100.)
2) Support sponsorship agreements involving Events where the City specifically seeks to enhance the City’s reputation both locally and regionally by serving as hosts or sponsors providing the necessary opportunities to meet and greet visitors, dignitaries, residents and guests.
3) Where the City, as a form on consideration for a written contract, has required that a certain number of Tickets be made available for City use.
4) Promote local and regional businesses, economic development and tourism activities within the City, including conventions and conferences.
5) Enhance City recognition, visibility, and/or profile on a local, state, national or worldwide scale.
6) Foster open government by City Official appearances, participation and/or availability at business and/or community events.
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Resolution No. 2022-36
10 7) Improve intergovernmental relations by encouraging the members of the City Council, City staff, and their guests, where appropriate, to attend functions and events with the public officials of other entities, thereby fostering an open dialogue and better understanding of intergovernmental issues.
8) Increase public exposure to, and awareness of, the various public recreational, cultural, community and education facilities available to the public within the City.
9) Promote business activity with the City and/or highlight the achievements of local residents and businesses.
10) Promote business growth and development within the City, including economic development and job creation opportunities.
11) Facilitate outreach and recognition programs for veterans, teachers, emergency services, medical personnel, community organizations and other civil service occupations.
12) Encourage or reward significant academic, athletic, or public service achievements by Indian Wells students, residents, or businesses.
13) Promote community resources and private facilities, including charitable and nonprofit organizations facilities, available for use by City residents.
14) Promote, support and/or show appreciation for programs and services rendered by non-profit organizations benefiting Indian Wells residents.
15) Encourage volunteers to become members of City commissions, committees and boards and reward volunteer public service.
16) Attract and retain highly qualified employees in City service, recognize or reward meritorious service by a City employee, and/or promote enhanced City employee performance or morale.
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Resolution No. 2022-36
11 17) The following is a non-exclusive list of specific business, community, and nonprofit Events in the City, where a City Official’s presence has been determined to serve a valid public purpose.
This list is not intended to be exhaustive, but is merely illustrative of the types of Events where the distribution of tickets has been clearly authorized:
a. BNP Paribas Open
b. Desert Town Hall Lecture Series
c. Indian Wells Arts Festival
d. Doctor George Car Show
G. TICKETS DISTRIBUTED AT THE BEHEST OF A CITY OFFICIAL.
Only the following City Officials shall have the authority to behest tickets: City Council Members, City Manager and Department Heads.
Tickets shall be distributed at the behest of a City Official only for one or more public purposes set forth in section 2.08.060 above. If tickets are distributed at the behest of a City Official, such City Official shall not use one of the tickets so distributed to attend the Event.
H. PUBLIC PURPOSES RELATED TO BNP PARIBAS OPEN.
Participation by City Officials in the ticketed events and activities hosted by the BNP Paribas Open is important to provide an opportunity for City leaders to be involved in the City’s largest special event. By attending the two-week long activities, including the tournament, City Officials have the ability to meet and greet residents and visitors to the City. Moreover, City Officials are accountable for the funding and support that the City contributes to the BNP Paribas Open, and therefore some level of attendance during the tournament is necessary for City Officials to provide suggested improvements to Desert Champions LLC management staff and City staff that will enhance and improve the overall event and its economic and public impact on the City.
City of Indian Wells
Resolution No. 2022-36
12 This Policy is not applicable to tickets to the BNP Paribas Open available to all City residents through the annual lottery.
I. PUBLIC PURPOSES RELATED TO CITY SPONSORED EVENTS.
Participation by City Officials in events wherein the City has made a monetary contribution and/or is a named sponsor is important. Such events serve to enhance the image of the City as a world-class destination resort. These events provide the public with access to many distinguished public and civic leaders as well as significant cultural enhancement. The active participation of City Officials at such events serves to attract additional resources and economic opportunities for this community. City Officials at such events represent the City in interacting with dignitaries and they meet and greet residents and visitors to the City.
Moreover, City Officials are accountable for the funding and support that the City contributes to these events, and therefore some level of attendance is appropriate for City Officials to monitor and evaluate the effectiveness of the event and suggest ways in which events may be enhanced and improved to maximize the economic and public benefit to the City.
J. DISCLOSURE REQUIREMENTS.
It shall be the duty of the Ticket Administrator or his or her designee to ensure the City's compliance with Regulation 18944.1(d) pertaining to the reporting of the distribution of Tickets by a public agency to officials or officers of the City. The City shall complete a record of a Ticket distributed under this Policy on FPPC Form 802, including all the information as required under Regulation 19844.1, including but not limited to, the name of the transferee if the ticket was transferred as allowed under this Policy. The forms shall be maintained as a public record, be subject to inspection and copying under Section 81008(a), and within 45 days the City must post these forms on its website and email a website link to the FPPC that displays the form.
If the Ticket is distributed to a department or other unit of the City, and not used by a member of the City Council, the City Manager, political appointee, or department head, the City may report the name of the department or other unit of the City receiving the Ticket and the number of Tickets provided to the
City of Indian Wells
Resolution No. 2022-36
13 department or unit in lieu of reporting the name of the individual employee as otherwise required by Regulation 18944.1.
This Policy shall be maintained as a public record and is subject to inspection and copying under Section 81008. The City shall post this Policy on its website within 30 days of adoption or amendment and send to the FPPC by email the City’s website link that displays the policy so that the FPPC may post the link.
K. ANNUAL REVIEW OF TICKETS AND CAMPAIGN CONTRIBUTION REPORTING REQUIREMENT.
1) At the first regular meeting or special meeting of the Council following the annual reorganization, the Council, with the assistance of the City Attorney and City Staff, shall conduct a review of applicable law and City policies pertaining to: (a) the acceptance of gifts, (b) the City's acceptance and distribution of tickets to sports, entertainment, charity and similar events.
2) At all meetings, each Council Member shall report any campaign contribution that the Council Member received from a person who is directly involved in an item on the agenda.
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: Public Works/City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Procedures for Expediting Permit Processing for Electric Vehicle Charging Stations
RECOMMENDED ACTION:
INTRODUCES Ordinance to be read by title only and further reading waived adding Chapter 15.110 to Title 16 of the Indian Wells Municipal Code relating to an expedited, streamlined permitting process for electric vehicle charging stations; and
FINDS ordinance is not subject to CEQA because it is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations.
DISCUSSION:
Summary:
Assembly Bill 1236 (AB 1236), adopted by the State legislature on October 8, 2015, requires cities to adopt an ordinance to expedite permit processing for applicants looking to install electric vehicle charging stations.
AB 1236 was adopted to limit the restrictions that cities and counties could impose on applicants installing electric vehicle charging stations, to achieve timely and cost-effective installation of electric vehicle charging stations, which has been deemed by the legislature to be a matter of statewide concern.
Assembly Bill 970 (AB 970), adopted by the State legislature on October 8, 2021, sets forth certain timing obligations applicable to cities when fulfilling their function of processing electric vehicle charging station permits.
This ordinance follows the mandates set forth in AB 1236 and would streamline processing of applications for electric charging stations throughout the City. In addition, the relevant members of staff are confirming in connection with adoption of this ordinance that they are prepared to implement the appropriate timeline for permit processing as required by AB 970.
Analysis:
AB 1236 is part of the State’s efforts to modernize and facilitate the installation of electric vehicle charging stations throughout the State. In furtherance of this goal, the State is requiring that cities and counties throughout the State adopt ordinances setting forth guidelines to facilitate expedited review and processing for electric vehicle charging stations.
The attached ordinance complies with the requirements set forth in AB 1236 by requiring that the City administratively approve applications that comply with the City’s “Expedited EV Permit & Checklist” and limit review to whether the installation would comply with safety and performance standards.
In addition, AB 970 requires an application to install an electric vehicle charging station to be deemed complete if, either 5 business days or 10 business days after the application was submitted, depending on the number of electric vehicle charging stations proposed in the application, the city has not deemed the application to be incomplete or issued a written correction notice detailing all deficiencies in the application. Then, AB 970 requires an application to install an electric vehicle charging station to be deemed approved if 20 business days or 40 business days after the application was deemed complete, depending on the number of electric vehicle charging stations proposed in the application, (1) the city has not approved the application, (2) the building official has not made a finding that the proposed installation could have an adverse impact upon the public health or safety or required the applicant to apply for a use permit, (3) the building official has not denied the permit, and (4) an appeal has not been made to the planning commission of the city.
Members of the City Building Department are aware of these timing requirements and are prepared to comply with them in connection with the adoption of this Ordinance and all electric vehicle permitting laws..
Environmental:
This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and merely authorizes administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty
that the provisions contained herein would not have the potential for causing a significant effect on the environment.
FISCAL IMPACT:
The fiscal impacts related to this ordinance depend on the number of applications that the City receives. Nonetheless, because the ordinance is designed to streamline permit processing, the costs associated with processing each application would be reduced
ATTACHMENTS:
1. Ordinance
ORDINANCE NO. 744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS , ADDING CHAPTER 16.110 TO TITLE 16 OF THE
MUNICIPAL CODE RELATING TO AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING
STATIONS
WHEREAS, the City of Indian Wells, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the State of California has adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations, and AB 970, which requires such permitting applications to be deemed complete, and subsequently deemed approved, at a certain point after submission if the City has not taken certain specified actions with respect to the applications; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and WHEREAS, the City wishes to amend its Municipal Code to meet State law and to facilitate convenient charging of electric vehicles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. Chapter 16.110 Added to City’s Municipal Code. Chapter 16.110 is hereby added to Title 16 of the City of Indian Wells Municipal Code to read as follows:
“Chapter 16.110 – ELECTRICAL VEHICLE CHARGING STATIONS
Sections:
16.110.10 Purpose
16.110.20 Definitions
16.110.30 Electrical Vehicle Charging Station Requirements
16.110.40 Expedited Permitting Process
16.110.50 Permit Application Process
ATTACHMENT #1
City of Indian Wells
Ordinance No. 744
16.110.60 Permit Review; Timing
16.110.010 – Purpose
The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Cal. Government Code § 65850.7 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Cal. Gov't Code § 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.
16.110.020 – Definitions
A. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.
B. “Building Official” means the chief building official of the City or his or her designee.
C. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
D. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
E. “Electronic submittal” means the utilization of one or more of the following:
a. Email
b. The Internet
c. Facsimile
16.110.030 – Electrical Vehicle Charging Station Requirements
A. The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.
City of Indian Wells
Ordinance No. 744
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.
C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.
D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
16.110.040 – Expedited Permitting Process
Consistent with Government Code section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained
in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.
16.110.050 – Permit Application Process
A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City.
C. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
City of Indian Wells
Ordinance No. 744
D. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
16.110.060 – Permit Review
A. The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.
B. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit pursuant to Section 21.06.040 of the City of Indian Wells Municipal Code. The Building Official’s decision may be appealed by the applicant to the Planning Commission.
C. An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council.
D. In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
E. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.”
SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City.
The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and
City of Indian Wells
Ordinance No. 744
merely authorizes administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Publication/Effective Date. This Ordinance shall take effect thirty (30) days after its adoption and, within fifteen (15) days after its passage, shall be published at least once in a newspaper of general circulation published and circulated within the City.
PASSED, APPROVED, AND ADOPTED by the City Council of Indian Wells, California, on the ____ day of ___, 2022.
DANA REED
MAYOR
City of Indian Wells
Ordinance No. 744
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS)
CERTIFICATION FOR ORDINANCE NO. 744
I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 744, having been introduced at a regular meeting of the City Council on September 15, 2022, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of ___, 2022 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
______________________________ ________________________________ ANGELICA AVILA TODD R. LEISHMAN
CITY CLERK CITY ATTORNEY
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Golf Resort Dedication Plaque
RECOMMENDED ACTION:
Council REVIEWS and PROVIDES direction on design options; and
APPROVES supplemental appropriations for project costs.
DISCUSSION:
During the August City Council meeting, staff was directed to investigate alternatives to reconfigure the dedication wall at the Indian Wells Golf Resort. The purpose of this assignment is to create flexibility for the opportunity to add future dedication plaques as the City’s premiere facility expands and receives updates.
Staff has reached out to two trophy companies to assist with the development of concepts for the new dedications. At the time of this writing, staff is working with PJ’s Desert Trophies & Gifts (PJ’s), who is developing cost estimates; one for bronze plaques and one for plexiglass plaques. PJ’s is also assisting staff with the design of the new plaques to accommodate future dedications, as well as exhibits to illustrate the vision of the new dedication wall.
Based on the information provided, Staff requests Council provide direction regarding the changes to the concepts presented and approve a supplemental appropriation to fund the project.
Public Works Department
Golf Resort Dedication Plaque
9/15/2022- STAFF PRESENTATION
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Questions?
INDIAN WELLS CITY COUNCIL
September 15, 2022
To: City Council
From: City Manager
Prepared by: Chris Freeland, City Manager
Subject: Review of the Resident Golf Amenity Fee
Calculation
RECOMMENDED ACTION:
Council REQUESTS the Indian Wells Golf Resort Ad-Hoc Committee review the resident golf amenity fee calculation and report to the City Council.
DISCUSSION:
The City of Indian Wells provides various benefits for its residents, including reduced golf rates and discounts on merchandise and dining at the Indian Wells Golf Resort (IWGR) for residents with a Resident Benefit Card. Residents receive a 20% discount on food and non-alcoholic beverages, as well as at the Pro Shop. In addition, residents with a Golf Resident Benefit Card receive reduced golf rates: from January 1 – April 30, the golf rate is $50 a round, decreasing to $35.00 a round from May 1 – December 31.
The City maintains an accounting of all discounts received by residents at the IWGR, which the City fully compensates the IWGR. The City's General Fund pays Amenity fees monthly to the IWGR. The 20% off Food & Beverage and Merchandise discounts are straightforward, while the golf discount is more complicated. The amount that the City subsidizes for a round of golf for residents is based upon the non-resident price plays on any given day, less the amount paid for by a resident that same day. The price a non - resident pays depends on a dynamic pricing model (market rate), where the price to play for non-residents fluctuates based on demand. As the demand increases during the seasonal months, the non-resident price increases. As the demand decreases during summer, so does the non-resident fee.
In 2018, the City of Indian Wells established a Resident Golf Amenity Fee Recapture Policy to formalize the accounting for the discount provided to residents by computing the difference between the market rate paid by non-residents to the amount paid for by residents. Specifically, the policy is as follows:
Public Rates available for play during 18-hole equivalent tee times:
18 Hole Prime – Rounds played Friday – Sunday from First Tee Time out to the Last Tee Time that can finish 18 holes (Pace of Play 4h 30m) 18 Hole Non – Prime - Rounds played Monday - Thursday from First Tee Time out to the Last Tee Time that can finish 18 holes. (Pace of Play 4h 30m) Tournament – Rounds Played Monday – Sunday from First Tee time out to the Last Tee Time that can finish 18 holes (Pace of Play 4h 30m)
Procedure and Process:
1. Establish the “Market Rate.” “Market Rate” is equal to the average of the three categories mentioned above actual monthly Average Dollar per Round. (18 Hole Prime ADR + 18 Non-Prime ADR + Tournament ADR)/Three.
2. Identify the number of Indian Wells Resident Rounds played monthly and determine the Average Dollar per Round for the Resident Rounds. (Resident Golf Revenue/Resident Rounds).
3. Calculate the actual Resident Green Fee Amenity Recapture by determining the variance between the “Market Rate” and Resident Rate, then multiplying it by the actual number of Indian Wells Resident Rounds played. (“Market Rate” le ss Resident Rate) * (Resident Rounds).
Councilmember Rob Bernheimer has requested that the City Council consider a review of the Resident Golf Amenity Fee calculation methodology.
Per Councilmember Bernheimer, “I believe the current fee calculation is inequitable because the Golf Resort gets the extra Resident Amenity Fee regardless of whether the tee time would have been otherwise sold or not. By way of example, if a resident plays a round of golf at 8 am on a Saturday in February, the amenity fee i s paid. Similarly, if a resident plays golf at 2 pm on a Wednesday in February, the amenity fee is also paid. Finally, if a resident plays a round of golf at 11 am on a Wednesday in August, the amenity fee is paid.
I believe the Golf Resort should only be compensated with an amenity fee if it can be demonstrated that the resident round prevented a higher paying round from playing. In the examples above:
8:00 am on a Saturday in February would likely be sold at a higher rate, and the amenity fee should be paid.
2:00 pm on a Wednesday in February may not otherwise be booked. An amenity fee should only be paid if the Golf Resort can demonstrate it missed out on selling the round at a higher rate.
11:00 am on a Wednesday in August most likely would not have otherwise been booked. No amenity fee should be paid.
I understand the devil is in the details, and these examples may be easier than, say, 11:00 am on a Saturday in February, or 8 am on a Saturday in August. However, I think we can create a formula or a comparison with the tee sheet to equalize the revenue the Golf Resort should receive without over drafting the City’s General Fund.”
Councilmember Bernheimer is requesting the City Council instruct the Indian Wells Golf Resort Ad-Hoc Committee of Mayor Pro Tem Griffith and Councilmember Sanders to work with City and Troon staff to review the current policy and examine other possible computations for the City Council’s consideration.