1 CITY COUNCIL MEETING MINUTES
Thursday, September 15, 2022
1:30 p.m.
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 INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE
AND ROLL CALL
Mayor Reed convened the City Council Meeting at 1:30 p.m. on September 15, 2022, in the City Hall Council Chamber and Zoom/Teleconference.
B.APPROVAL OF THE FINAL AGENDA
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Agenda as Submitted. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Introduction of New Indian Wells Special Enforcement Team Deputy John Mitroff
Lieutenant David Wright Introduced New Indian Wells SET Deputy officer John Mitroff.
2 D.PUBLIC COMMENTS
Mr. Ty Peabody, resident, and former Council Member expressed concerns relating to an FPPC complaint, violations of the Council policy, and election campaign material circulating the City.
Ms. Linda Molin, resident, expressed concerns relating to the current drought and encouraged the City Council consider participating in the Coachella Valley Water District (CVWD) rebate program.
Mr. Steve and Mrs. Karin Farrar, residents, submitted written comments in support of CVWD rebate program.
Council Member Bernheimer requested staff examine a rebate program and add the matter on a future agenda for further discussion and consideration.
E.CITY MANAGER'S REPORTS
City Manager Christopher Freeland requested Consent Item G.5- Shots in the Night Entertainment Improvements be pulled for further discussion and consideration. Mr. Freeland reported the Indian Wells Golf Resort Solar project begins this week and resident/visitors should expect parking delays around the facility. Mr. Freeland clarified valet services are available during the solar project.
Mr. Freeland reported the City’s hotel partners are moving forward with a Winter Fest Holiday event and a resident event will be scheduled in late November. Mr.
Freeland further reported Genton Development has acquired the vacant lot on the corner of Highway 111 and Miles formally known as the Brixton.
F.CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported City Council met in closed session to discuss items listed on the posted agenda, no reportable action was taken which, under the Brown Act, would be required to be publicly reported. Mr. Leishman further reported several housing bills are on the Governor’s desk and Best, Best & Kriger will provide an update as assembly bills are signed.
Council Member Sanders proceeded with questions relating to voter registration requirements for Planning Commissioners. Mr. Sanders inquired if there are any legal action for Commissioners that are serving under false pretense during their time in service and requested the City Attorney report findings relating this matter.
3 G. CONSENT CALENDAR
G.1 Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid 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 Balocco, seconded by Mayor Pro Tem Griffith to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.2 Request to Sponsor the Association of Fundraising Professionals Event
It was determined to APPROVE 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
AUTHORIZE the attendance of Council Members to the event.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.3 Indian Wells Home Security Rebate and the Crime Prevention Through Environmental Design Program Updates
4 It was determined to RECEIVE and FILE the Indian Wells Home Security Rebate Program Update.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Receive and File. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.4 City Council Liaison to the Indian Wells Historic Preservation Foundation
It was determined to SELECT Mayor Pro Tem Donna Griffith to serve as the City’s non-voting liaison to the Indian Wells Historic Preservation Foundation.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.6 Sponsorship Request for the 2022 Margaritaville USA Pickleball National Championships
It was determined to CONSIDER the sponsorship request for the 2022 Margaritaville USA Pickleball National Championships event held in the Indian Wells Tennis Garden; and
AUTHORIZE City Manager to negotiate and execute a sponsorship agreement with the Indian Wells Tennis Garden.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
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)
5 It was determined to FIND the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions; and
ADOPT Resolution No. 2022-35 to read as follows:
RESOLUTION NO. 2022-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO.
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
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Adopt Resolution. The motion carried by the following vote:
AYES: 4 - Griffith, Sanders, Balocco, Bernheimer
NOES: 0
RECUSED: 1- Reed
G.8 August 3, 2022, Special Council Meeting Minutes
It was determined to APPROVE the August 3, 2022, Special Council Meeting Minutes.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.9 City Treasurer’s Report for July 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for July 2022.
A motion was made by Council Member Balocco, seconded by Mayor Pro Tem Griffith to Received and File. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
6 G.5 Shots in the Night Entertainment Improvements
There was discussion relating to Stone Creek report and concerns were expressed in relation to noise during live entertainment.
A motion was made by Council Member Sanders seconded by Mayor Pro Tem Griffith to APPROVE improvements to the Shots in the Night entertainment program at the Indian Wells Golf Resort with the exclusion of live entertainment to be addressed in the Stone Creek report.
A substitute motion was made by Council Member Bernheimer seconded by Mayor Pro Tem Griffith to APPROVE improvements to the Shots in the Night entertainment program at the Indian Wells Golf Resort; and AUTHORIZE supplemental appropriation of $100,000 to fund said improvements. The motion carried by the following vote:
AYES: 3 - Griffith, Balocco, Bernheimer
NOES: 2 – Reed, Sanders
This Recommendation was approved.
H. PUBLIC HEARINGS
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)
Mayor Reed opened the public hearing at 2:33 p.m. to hear testimony in favor of or against Resolution No. 2022-36; hearing none, Mayor Reed closed the public hearing.
It was determined to FIND 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
ADOPT Resolution No. 2022-37 to read as follows:
RESOLUTION NO. 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING MODIFICATION NO. 5 OF
7 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.
A motion was made by Council Member Sanders seconded by Council Member Balocco to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
I. GENERAL BUSINESS
I.1 Resolution to Amend Ticket Distribution Policy to Conform with Regulation as Amended by the Fair Political Practices Commission It was determined to ADOPT Resolution No. 2022-36 to read as follows:
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;
and
APPROVE the removal of existing and conflicting ticket distribution policies.
A motion was made by Council Member Sanders seconded by Mayor Pro Tem Griffith to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
I.2 Procedures for Expediting Permit Processing for Electric Vehicle Charging Stations
It was determined to INTRODUCE Ordinance No. 744 to read as follows:
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,
8 STREAMLINED PERMITTING PROCESS FOR ELECTRIC
VEHICLE CHARGING STATIONS; and
FIND 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.
A motion was made by Council Member Sanders seconded by Council Member Bernheimer to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
I.3 Golf Resort Dedication Plaque
Mr. Ty Peabody, resident, and former Council Member, spoke in opposition of the rededication plaque project at the Golf Resort. Finance Director Kevin McCarthy clarified financial audits for the Golf Resort remodel project that were conducted.
Mayor Reed recommended Council Member Bernheimer and Mayor Pro Tem Griffith be assigned to develop language for the plaque rededication.
Council Member Balocco spoke in opposition of a plaque.
It was determined to APPROVE a supplemental appropriation not to exceed $7,000 for project costs and bring back design and location for the plaque at the next meeting for consideration.
A motion was made by Council Member Bernheimer seconded by Council Member Sanders to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Bernheimer
NOES: 1 - Balocco
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
J.1 Review of the Resident Golf Amenity Fee Calculation It was determined to DIRECT the Indian Wells Golf Resort Ad-Hoc Committee review the resident golf amenity fee calculation and report to the City Council.
9 A motion was made by Council Member Bernheimer seconded by Council Member Sanders to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Bernheimer
NOES: 1 - Balocco
J.2 COUNCIL MEMBER BERNHEIMER
Council Member Bernheimer reported meeting with Eldorado Country Club General Manager and City Manager Christopher Freeland relating to cell tower project.
J.3 COUNCIL MEMBER BALOCCO
No report.
J.4 COUNCIL MEMBER SANDERS
Council Member Sanders reported Golf Resort Ad-Hoc Committee met with Troon General Manager Sven Weidenhaut and other Executives in Scottsdale, Arizona.
J.5 MAYOR PRO TEM GRIFFITH
Mayor Pro Tem Griffith reported Community Activities Committee is in preparation of the Veterans Day Ceremony that will be held on November 11, 2022, and Welcome Back Resident Party on November 30, 2022. Ms.
Griffith reported CVAG Coachella Valley Conservation Commission continues their Biological Monitoring Program. Ms. Griffith reported Golf Resort Ad-Hoc Committee met with Troon General Manager Sven Weidenhaut and other Executives in Scottsdale, Arizona. Ms. Griffith further reported attending Annual League of California Cities in on September 7-9, 2022, that was held in Long Beach. and congratulated City staff and legislative team for their efforts in the Surplus Act.
She requested staff examine a turf rebate program and recommended the Council Policy Manual be reviewed concerning City Committees.
J.6 MAYOR REED
Mayor Reed reported attending League of California Cities in Long Beach on September 7-9, 2022. Mr. Reed reported Sunline Transit Agency has not reached a labor agreement with employment union.
10 K. ADJOURNMENT
At 3.14 p.m. Mayor Reed ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on October 6, 2022, in the City Hall and Zoom/Teleconference.
Respectfully Submitted,
_________________________
Angelica Avila, CMC
City Clerk