Indian Wells City Council
October 6, 2022

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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

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: Finance Department
Prepared by: Ruby D. Walla, Assistant Finance Director
Subject: City Treasurer’s Report for August 2022

RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for August 2022.

DISCUSSION:

Attached are the monthly cash balance and investment reports for the month of August 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 continues to maintain prudent fiscal reserves and minimize un - invested cash.

Cash and Investments

As of August 31, 2022:
 The City’s cash and investments totaled $77,688,314.48  The City’s portfolio earned a 1.516% rate of return.

Treasurer’s Certification

Compliance - The City Treasurer certifies the City’s cash and investments presented in this Report are in compliance with the City’s investment policy and with legal requirements of State of California Government Code section 53600.

Liquidity - The City Treasurer certifies 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 at the same time cash is needed to meet anticipated demands (static liquidity). Additionally, since all

possible cash demands cannot be anticipated, the portfolio consists largely 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 provides reconciliation between investment balances and the General Ledger. Specifically, the report provides information on the types of investments, dates of maturities, costs, 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 retur n 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 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.

ATTACHMENTS:

1. City Treasurer’s Report

T f, ommonuan$anl.a6rdrdlbn 1F3U022 00_nPT_Aug gaik Bed!g!3t 22 pooled 1i39 PM s/30P022 Bank Reconciliation Report - City Held Cash
Finance Department
I
2 3
5,
4I
9 10
19 2t
45'
r60
463
4&
455
413
{40
82g
483
aas
445
498
499
501
507
st2
513
514
515
5t6
5t1
518
519
s20
521
s22
525
5it8
550
557
55E
551
562
{49
s23
524
s26
s33
538
549
555
570
s27
529
s30
532
534
53s
535
539
541
542s4
5{5
s5t
552
553
554
555
559
560
563
565
s64
566
567
564
559
3tt
sr2
537
531
&nk Ch*klnE I Sw6p
Manrged Psl A@unb
Pacific w6km &nk
Pacific Wstem Bank
Pacifc W6tem Bank - Publlc Funds MMA **-****5064
Unlon Eank of Cl - Swep JnEhent .**-**t0l2l
US Bank l'loney Market - 4590
t,S Bank Money Harket - 4591
Petty Cash
C.Rilicb of hElt
CedifioteofkpcifAllegianceSnkTqaso1T4SDBA3 245,000.00
Cedifiate of ttpostt-CtilBank NA 17312QH69 250,000.00
Certiff@h of Dep6it-Goldnan Sachs Bank 38148PG43 250,000.00 CeftifEah of Deposlt-Sallie Mae 795450N84 250,000.00

0.00 0.00

0.00 1,407 ,0\7 .62
8,869.68

0.00 74,759,40
5,000,000.00
2,000.00
2,r8,000.00
250,000.00
2s0,000.00
250,000.00
2s0,000.00
250,000.00
2s0,000.00
249,000.00
247,000.00
249,000.00
249,000.00
248,000.00
249,000.00
249,000.00
249,000.00
248,000.00
249,000.00
2s0,000,00
250,000.00
249,000.00
250,000.00
250,000.00
250,000.00
iledium TG.n [email protected] Notq
Wells Fargo 95001D61i9 1,000,000.00
Bankof New York flellon Corp 06406MN7 1,010,m1.46
Grtifi@te of LEposit-FiEt Natimal &nk of Am€ri6 32110YtK9 CedifrGb of Depclt-Dlsver Bank 254573UtI
C€dlficate 0f tEposit'Barclays &nk Delaware 06740K1'lN4 CedifiGb of CEposit-Comenity Capibl Bank 20033At486
c€difiob of &posit'usB enk usA 90348.1FF2
CertiliGte of Deposlt-l4organ Sbnley Bank 51760AR1'13
C€dlfi@b of Dep6it-Medck &nk 59013J4x4
Certiliete of Deposit-RlA Federal Credit Union 749622A10 CertifiGb of Dposlt-Capibl One Eank I4042TAY3
Cedifi@te of Deposlt-Bankw6t 06552CHA2
Cedifldb of kposit-Wells Fargo Natl Bank W6t 949495AQ8
Ceftifi@te of DepGltsBMW thnk North mri@ 055804VX9
Certifi@te of ttspcit-Ni@let Natlon Bank 654062J22
Certlffete of Deposit-Live Oak Banking Company 5380361tX Cefrifiete of Epcit-Alma Bank 0200808X4
Cefrin@te of Deposit-Sbte Bank of India 856285TP8
Certifi@te of&pGit-FlEt Natl Eank of MccrcgorTX 32112UDR9 Certin@b of Dep6it-Cente6bte Eank I5201QDE4
Cedifi@te of &p6it-Northw6t Bank 66736A8V0
Certiflcate of Deposit-Encore Bank 29260148E4
Cenifi@te of &p6lt-FlEt Fr€dom Bank 320278Ail9
CedlfiGte of Dep6it-Pacific W6tem &nk 69506YR15
Cefriflcate of D€pclt-Bank of Barcda 06053HMS9
C$ifi@te of D€pcit-Toyob Financlal Sgs Bank 89235MKY6
Certifi@te of oeposlt-GensbE Credit Union 395731811
Cdifi@h of DeEit-knbgm ftderal Credlt Ljnion 7d)62USl
Certlff@te of D€poslFNelnet BanK Inc 54034nG6
CedifiGh of &posit-ml Bank 07371AYE7
Certlfcate of D€poslt-B€al Bank USA 07371CE88
F€d, Home LGn Mtg Corp 3r34GWCG9
Fed. Nat'l Hotgaqe As 3I35GA2Z3
Fed. Fam Credit 8ank3130ALIS1
tu. Fam Credlt Bank 3130A16G4
Fed. Fam Credit &nk 313041(tg
Fed. Fam Credit Eank 3l3oAtONl
tu. Fam Crcdlt Eank 3130ALHZ0
Fd. Fam Cdit &nk 31304u62
tu. Fam Credlt Bank 3I3OALMM3
Fed. Fam Credit Bank 3130A1W67
Fed. Fam Credit Bank 3l30AMw57
tu. Fam Credlt Bank 3133El.lH2l
Fed. Fam Credlt &nk 3133E11167
F€d. Fam Credit Eank 3133EF1N99
tu. Fam Credlt Bank 3133E14W73
Fed. Home Loan bnk 3130AQWF6
tu. Home L@n Bank 3130AQWJB
tu. Home L@n Sank 3130AQ255
F€d. Hom€ L@n bnk 3130ARCV1
tu, Home L@n l.ltg Corp 3134GX['|X9
tu. Home L@n Bank 3130ARGE5
Fed. Hme L@n fltg Corp 3134GXQP2
ftd, Home L@n Bank 3130A5320
Fed. Home L@n Bank 3134GX|M4
Fed. Home t@n Bank 3I30ASS57
ftd. Home L@n Bank 3130ASS91
250,000.00
2s0,000.00
250,000.00
250,000.00
248,000.00
249,000.00
Ilonteb€llo CA Pens Oblig m 6122854E6
lP Morgan Cha* Bank NA 46632FRU1
lP Morgan Chas 48128G2Q2
bnk of America I'ITN 06048WM31
B.nk of herica ilTN 06048WM72
Citigrcup
1,044,995.90
2,000,000.00
1,000,000.00
r,000,000.00
1,000,000.00
2,000,000.00
Fd.r,l r..nru r..nx
Fed, Nat'l tilotgage As. 3136G4C43 2,000,000.00
Fed. Fam Crcdit &nk 3l33El-280 2,000,000.00
r,000,s60.82
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
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00
Natomas Cl sch@l Dlstrict 63877N1,4M5
Tobl Pool6d Clrh .nd InYgtnenb
ihflr
FaL Value Inc@* (@r Gt)
Oubbnding Wdranb/Wire Transh6
Outsbndlng Payroll Wananb/Wirc Transfa6
&poslt In Transit
Deposit in Transit
Deposit in Transit
&posit ln Tiansit
D€posit in Transit
D€posit in Transit
kposit ln Translt
D€p6it in Transit
Credlt Card in Transit
(916,006.45)
(10.00)
(10.00)
2,495.14

0.00 (r61.62)
(1,473.3r)
6,r65.55
(812.7s)
(4,074.22)
t7,9t9,74
OuEhnding Ibn.

I 72,955,210.6
ATTACHMENT #1

NET CASH & INVESTMENT SUMMARY AUGUST 2022
August
2022
August
2021UNRESTRICTED FUNDS

GENERAL FUND
101- GENEML

TOTAL GENERAL FUND

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TRAFFIC SAFETY
203 - PUBLTC SAFETY 1/2 CENT SALES TAX
204 - MEASURE UA''
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 2107 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 VILLAS OPERATIONS
254- MOUNTAIN VIEW VILLAS OPERATIONS
256- HOUSING AUTHORITY
271 - ELDORADO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 - CASA DOMDO LLMD
274 -THE COVE LLMD
275 - SH 111/rWGR (ENTMNCE) LLMD
276 - CLUB/rW |-ANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
2BO - 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
2BB. 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 PI.ACES
321 - HIGHWAY 111 CIRCULATION IMP FEE

TOTAL CAPITAL PROJECT FUNDS
$ 9,384,128.48
9p84,t28.48
3,696.07
9,936.94
47,695.83
2,141,688.66
12,823.02
6,191.95
6,038.87
4,430.96
3,598.04
6,074.72
1,000.00
20,754.20
3,455,808.60
4L0,06L.78
235,653.25
L4,73I.09
1,330,554.81
2,075,29r.54
12,548,017.60
65,892.15
7,346.39
9s5.65
1,090.32
66,901.78
L5,874.r3
86,270.65
54,897.51
rr,946.47
101,019.44
51,328.11
252,557.94
36,258.61
30,297.73
83,591.86
1,563.00
79,063.73
560 21l'43
23,841,114.72
20,064.00
259,182.00
8,L79,0r3.73
333,742.9r
26,483.70
$ 2,679,536.23
2$79F36.23
4,II9.20
10,950.93
94,806.07
2,608,046.23
L2,220.66

0.00 4,992.05
2,673.84
2,100.03
3,664.01
2,0r2.00
247,299.95
3,468,785.07
551,911.13
26L,739.68
13,346.69
1,388,068.81
2,L64,997.54
13,604,664.25
64,240.48
4,L45.22
1,111.46
903.40
L7,705.30
Ir,745.40
83,759.4r
59,824.23
10,356.66
10L,970.4I
52,967.3r
269,610.96
37,000.39
25,928.9L
74,270.73
827.78
77,313.03
597,67L.75
25,937,750.86
6,688.00
9,956.00
8,472,953.43
t69,873.20

0. 8,559,47t.33
TlCommon\bank\Treasurer's Report\Cash 1 0Aug 2z-dnft
8,818,486.34
1143 Pugl30l2022

CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY AUGUST 2022
PAGE 2
RESTRICTED FUNDS (Cont.)

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
350 - DISASTER RECOVERY RESERVE

TOTAL REPLACEMENT FUNDS

SUCCESSOR AGENCY FUNDS
453 - 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 - US BANK TRUSTEE
460 - US BANK - INDIAN WELLS FINANCE AUTHORITY
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECTION 115 TRUST
601 - PARS SECNON 115 TRUST - OPEB

TOTAL FISCAL AGENTS

TOTAL ALL FUNDS & FISCAL AGENTS

UNRESTRICTED FUNDS

RESTRICTED FUNDS
15,018,845.44 tL,379,759.76
$ 87,975,116.12 $ 83,154,226.97
August
2022
August
202L
1,670,511.80
1,7I7,7L8.00
1,367,25r.07
690,432.00
567,375.00
518,147.00
18,840,062.00
118,879.00
142,129.00
L,430,722.80
1,716,968.00
1,366,351.07
690,276.00
566,900.00
517,544.00
18,834,443.00
119,018.00

0.00 25,632,504.87
1,607,531.56

0.00 25,242,222.87
5,538,642.40

0.00 1,607,531.56
1,269,688.01
5,538,642.40
2,225,866.63
1,269,688.01 2,225,866.63
972 872.49 0.00
972$72.49 o.o0
581,403.00 606,535.00
581,403.OO
848,54I.27
606,535.00
884,441.89
8481541.21
72,956,270.68
884,441.89
7L,774,467.2L
540,713.94
1,196,195.02
tr.44
12,094,086.06
165,242.r2
822,9L8.67
199,678.19
420,842.26
790,L4t.38
7,746,3I3.00

0.00 t,478,978.43
943,484.69

0.00 9,384,128.48
78,590,987.64
$ 87,975,116.L2
2$79,536.23
74 97
TlCommon\bank\Treasurer's Report\Cash 1 0Aug 22-dtaft 1:43 PMgl30l2Q22

i ':,'
INDIAN ,..WELLS The Gity of lndian Wells
Portfolio Management
Portfolio Summary
August 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFOITN IA
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 of Return
The
Par Market
Value
1,493,162.51
7,879,994.92
7,779,272.O9
6,699,727.26
10,?25,520.0O
38,544,667.00
745,149.00
Book %of
Value Portfolio
Days to
Matudty
YTM
360 Equiv.

YTM
365 Equiv.Value
1,493,000.00
7,879,994.92
7,779,272.O9
6,982,000.00
1 1,000,000.00
41,700,000.00
800,000.00
1,493,000.00
7,879,994.92
7,779,272.09
6,982,000.00
1 1,050,902.62
41,700,560.82
802,584.03
't.92

10.14 10.01

8.99 14.22

53.68 1.03
1,826
1 1
1,729
'1,464
1,649
1,449
Term
216
1 1
837
873
1,236
836

2.844

1.259

1.550

1.765

1.840

1.361

0.653

2.884

1.276

1.571

1.789

1.865

1.380

0.662
77,634,267.01 73,367,492.78 77,688,3',t4.48 100.00% 1,299 1.495 1.516 Auqust 31 Month Ending
93,156.24
85,966,987.21

1.28o/"
cash flow fom revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked{o-Market" on a monthly basis Reporting peraod 08/01 12022-08131 12022 Portfolio CITY AP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
876
Run Date: 09/15/2022 - 09:03 No fiscal year history available

Average Purchase
Bilanra Date
Stated
Book Value Prb Firch
Page {
YTill Daysto Maturiry
360 llrl.r"ilvCUSIPlnvestnent#
Bank Certificates of Deposit
01748D843
17312QH69
321 10YLK9
38148PG43
61747MF63
795450N84
Managed Pool Accounts - LAIF
SYSz1
SYS23
lssuer
Allegiance Bank Texas

CITIBANK NA
First National Bank of America
Goldman Sachs Bank
Morgan Stanley Bk NA
Sallie Mae
Subtotal and Average
LAIF - City
LAIF - Redevelopment
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2022
460
463
473
464
457
465
1 6
7 8
10 9
2 3
4 19
5 515
525
501
482
561
562
5',t2
499
0210712018
o3t29t20't8
0712012018
04l25no18
o'u1112018
0412512018
0710112020
0813112021
0813112021
oa/3112021
07t01t2020
07to112020
ParValue
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
1,493,000.00
7,879,994.92

0.00 7,879,994.92
1,286,626.39

0.00 1,407,O't7.62

0.00 5,000,000.00
74,758.40

0.00 0.00
8,869.68
2,000.00

0.00 7,779,272.09
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
247,O00.O0
Market Value
244,811.35
249,930.00
248,166.16
250j02.50
249,970.00
250,182.50
1,493,162.51
7,879,994.92

0.00 7,879,994.92
1,286,626.39

0.00 1,407 ,017 .62

0.00 5,000,000.00
74,758.40

0.00 0.00
8,869.68
2,000.00

0.00 7,779,272.09
237,562.50
230,315.04
242,727.69
250,345.00
233,810.00
233,810.00
238,515.00
242,452.73
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
1,493,000.00
7,879,994.92

0.00 7,879,994.92
1,286,626_39

0.00 1,407,O17.62

0.00 5,000,000.00
74,758.40

0.00 0.00
8,869.68
2,000.00

0.00 7,779,272.09
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
247,O00.OO

2.600

2.850

3.150

3.000

2.650

3.050

2.564

2.811

3.107

2.959

2.614

3.008
oz07no23
03r29t2023
07n0t2023
o4t25no23
0111112023
04125n023
159
209
322
236
132
236
21 23
1,493,000.00
16,974,672.t4
7,736,956.55
07t01n020
07to1t2020

1.276
o.233
't.259

0.230

2.84 216

1.259
o.247
0"000

1.223

0.000

1.973

2.091

0.000

0.000

0.010

0.000

0.000

1.550

1.380

0.690

1.973

3.205

1.874

1.874

1.529

0.000
Subtotal and Average
liloney Market Sweep/Checking Account
sYsl
sYs6
sYsT
SYSS
SYSlO
SYS9
SYS2
SYS3
SYS4
SYS19
SYS5
PacificWestem Bank
Pacific Westem Bank-Ambulance
Pacific \ /estem-PublicFundsMMA
US Bank Money Market
US Bank Money Market-4591
US Bank Money Market-4590
Pacific Western - Acct Payable
Pacific \,\r'estern-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average

0.250

1.240

2.000

2.120

0.010
Negotiable CD's
0200808X4
06063HMS9
06552CHA2
06740KMN4
07371AYE7
07371CE88
05s80A\x9
14042TAY3
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

1.400

0.700

2.000

3.250

1.900

1.900

1.550

2.300
939
1,055
694
53 1,630
1,630
942
664
03t28no25
07n2t2025
0712612024
'10t24t2022
04172027
021712027
03t31n025
06t2612024
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0
03t31t2020
07t22t2020
07n612019
10t24t2018
o2t23t2022
o2l23no22
0313112020
07nat2019
Run Date: 09/15/2022 - 09:03
Repon Ven 7.3.6.'lPage 254 of 293

Average
Brlrn.a
6,982,000.00
Purchase
Date
04130t2020
1 0/30/201 8
10to3tzua
0413012020
0413012020
0412812020
0611612021
0313112020
11t20t2018
11t08t20't8
0?/02t2022
03/31t2020
0413012020
04RO12020
091291202'l
06t24t20't9
04n9/2020
04t22t2021
10t30t2018
01t28t2020
1210412018
0512812021
07t30t2021
05t14t2020
07t29t2022
0212612021
unz2021
07t17t2020
04130t2020
Market Value
Stated
BookValue prr.

YTM Daysto
360 taturitv
Page2
Maturity
Date
o4ROt2025
10R0t2023
10to3t2023
o4t30t2024
0413012024
04l28no25
06116f2026
03/31n025
01nol2023
11lO8nO22
02t02t2027
0313112025
0413012025
04B0no25
09t29t2026
12/26nO23
o4t29t2025
04t2z2026
10127n2023
01t17t2023
02222023
o512812026
07R0no26
o4t24t2025
0712912023
02t26no26
01t2?/2026
0610112025
o4BOn023
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2022
CUSIP lnvestment #lgguer
Centerstate Bank NA
Comenity Capital Bank
Discover Bank

ENCORE BANK
First Freedom Bank
First Nafl 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 Westem 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
\ivells Fargo Natl Bk West
Subtotal and Average
ParValue Fitch
Negotiable CD's
152010DE4
200334M86
254673UL8
29260M8E4
32027B'AIMg
321 1 2UDRg
39573LBLl
5380351D4
s901 3J4X4
61760ARM3
64034KAG6
654062J22
6673648V0
69506YR15
70962LASl
749622A.LO
856285TF8
89235MKY6
90348JFF2
949495AO8
518
484
480
520
521
517
550
514
486
485
558
513
519
522
557
498
516
548
483
507
489
549
556
524
570
538
533
526
523
248,000.00
250,000.00
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
2U,345.12
250,740.OO
250,332.50
240,289.98
240,0AA.29
235,860.27
227,477.50
237,500.00
250,670.00
250467.50
229,945.00
237,512.50
234,881.70
234,345.12
224,956.56
246,556.91
236,549.84
228,437.50
250,882.50
248,250.51
248,000.00
250,000.00
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

1.250

3.450

3.300

1.150

1.100

1.350

0.900

1.400

3.400

3.400

1.500

1.400

1.200

1.250

0.900

2.500

1.600

0.900

3.500

1.900

1.233

3.403

3.255

1.135

1.086

1.332
0_888

1.382

3.356

3.352

1.479

1.3A2

1.184
'l.233

0.888

2.468

1.578

0.888

3.4il

1.875

3.303

1.233
11U

1.190

3.720

0.789

0.690

0.819

2.959
972
424
397
607
607
970
't,384
942
141
68 1 ,515
942
972
972
1,489
481
971
't,329
421
138
174
1,365
1,428
966
331
1,274
'l,239
1,004
241
6,982,000.00
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
6,699,727.26
995,300.00
873,790.00
855,1 50.00
941,460.00
1,994,200.00
873,310.00
1,759,000.00
950,740.00
982,570.00
6,982,000.00
99s,825.26
1,000,000.00
1,000,000.00
1 ,010,081 .46
2,000,000.00
'1,000,000.00
2,000,000.00
1,044,995.90
1,000,000.00

1.765 837
lledium Term Corporate Notes
0231354\ i6
06048VVI\r|31
06048WM72
06406RAN7
17330PJ83
48't28G2Q2
46632FRUl
61 2285AE6
95001 D6U9
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

2.400

1.250

1.200

1.600

3.800

0.800

0.700

2.503

2.150
r.&o 873
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date:09/15/2022 - 09:03
Subtotal and Average 11,O51,3#.24 1 I,000,000.00 10,225,520.00 11,050,902.62

CUSIP lnvestment#
Federal Agency lssues - Callables
Stated
BookValue D-h Fir.h

YTll Days to Maturig
lsauer
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farn Credit Bank
Fed. Farm 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 Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Nat'l Morlgage Assoc
Fed. Nat'l Morlgage Assoc
Subtotal and Average
Average Purchase
Flzhne.Date
0712912020
06t17t2021
06i22n021
0613012021
07t28t2021
02117t2021
o2t25DO2'l
0424n021
0311612021
0311812021
0312412021
oa30no21
0/.12212021
0613012021
o2t25t2022
o2t24t2022
o3l'to12022
0312812022
o4t21no22
0512612022
08t16t2022
08t10t2022
07130t2020
0312512022
04/28nO22
0610712022
ogt14t2020
1',U17t2020
lo,926,375.50
02t18t2021
'loto1t2020
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2022
Par Value Market Valuo
31 33ELZ80
3133EMH21
31 33EML67
31 33EMN99
3133EMVW3
31 30AL3Sl
3130AL6G4
31 30AL6J8
313OALDN1
31 30ALHZ0
31 30ALJ62
313OALMM3
3130A1\ i67
31304MW57
313OAQWF6
313OAQWJ8
3130AQ255
313oARCVl
313OARGE5
3130AS320
3130ASS67
31 30ASS91
3134G\ /CGg
3134GXMX9
3134GXQP2
3134GXUM4
3135G4C43
3't35GA2Z3
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
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
't,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
1,000,000.00
1,000,000_00
2,000,000.00
2,000,000.00
1,825,980.00
1,802,740.00
1,795,040.00
1,839,340.00
2,693,310.00
898,290.00
896,970.00
1,795,660.00
1,804,280.00
913,780.00
904,050.00
1,815,520.00
909,670.00
1,806,980.00
930,770.00
927,440.OO
942,030.00
1,943,860.00
956,280.00
1,667,887.00
999,020.00
980,050.00
922,090.00
961,560.00
986,890.00
989,390.00
1,827,360.00
1,808,420.00
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
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
't,000,000.00
1,000,560.82
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
07/2912025
061't512026
061222026
06t30t2025
07nu2026
oz17no26
02n512026
02f24t2026
o3l'16t2026
0d18no25
o3124n026
03BOi2O26
04t22t2026
06BOnO26
0?r'2512027
o2f24t2027
o3t10t2027
03t28t2024
04f21t2027
1112612024
o&t16t2027
08n0n027
04t30t2025
03t25t2025
0412812025
06to7t2024
ou14n025
11h7nO25
529
552
553
554
555
534
535
536
539
541
542
544
546
551
559
560
563
565
566
568
571
572
530
564
567
569
527
532

0.580

0.900

0.800
o.740

0.870
o.625

0.600

0.625

0.800

0.530

0.875

1.000

1.100

0.6s0

2.150

2.050

2.500

1.500

3.000

3.000

4.500

4.000

0.650

2.200

3.030

3.050

0.650

0.560
o.572

0.888

0.789

0.730

0.858

0.616

0.592

0.616

0.789

0.523

0.863

0.986

1.085

0.967

2.12'l

2.022

2.466

1.U6

2.959

2.959

4.438

3.945

0.621

2.170

2.988

3.008

0.641
o.552
1,062
1,383
1,390
1,033
1,426
1,265
1,273
1,272
1,292
1,O21
1,300
'1,306
't,329
1,398
1,638
1,637
1,651
574
1,693
817
1,810
1,804
972
936
970
645
1,O78

1.173
Miscellaneous Securities - Coupon
537
531
255651 KY6
63877NMM6
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
4r,700,000.00
500,000.00
300,000.00
38,544,667.00
468,540.00
276,609.00
41,700,560.82
502,584.03
300,000.00

0.672

1.100

0.395

1.085

1.361 1,236

0.653 836
700 08lo'U2024
1,065 08t01t2025
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 09/1t2022 - 09:03
Subtotal and Average 802,636.58 800,000.00 7/15,149.00 802,584.03

The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August ?1,2022

CUSIP lnvestment#lsauer
Total and Average
AYerage
Balance
E5,966,987.21
Purchase
Dde ParValue
77,634,267.01
llarkat Value
73,367,4tt2.7E
Stated
BookValue R'to
77,688,314,t18
YTil Daysto
Fitch 360 Maturitu

1.495 876
Portfolio Clry
AP
PM (PRF_PM2) 7.3.0Run Date: 09/'15/2022 - 09:03

201 4, 201 5, 201 6, 2020 Series
Portfolio Management
Portfolio Summary
August 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA.92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Par Book
Value
%of
Portfolio
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
Value
7,870,015.69
7,870,015.69
Market
Value
7,870,015.69
7,870,015.69
7,870,015.69 100.00
7,870,015.69 t 00.00%
Term
YTM
365 Equiv.

0.000

0.000
Portfolio 14A
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
1 Total Earnings
Current Year
Average Daily Balance
of Return
Agenry
Reporting period 08/01 /2022-08/31 12022
August 3'l Month Ending

0.00 253,874.80

0.00%
Run Date: 09/13/2022 - 07:30 No fiscal year history available

201 4, 201 5, 201 6, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
August 31,2022
Purchase
Date Par Value
Stated
Book Value FI.ta

0.00 455,000.03
72,777.67
7,U2,237.99

0.00 7,870,015.69
7,E70,015.69
Page I
YTM Days to Maturity
Fitch 365 ilaturih,Il.ta

0.000

0.000

0.000

0.000

0.000

0.000

0.000
Portfolio 14A
CP
PM (PRF_PM2) 7.3.0
CUSIP lnvestment #
Monsy Market Sweep/Ghecking Account
sYs28
SYS26
SYS25
SYS27
SYS24
Subtotal and AveraEe
Total and Average
28 26
25 27
1 0710112020
07n1i2020
07t01t2020
07n1no20
07t01t2020
laauer
20144 Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
Eelanaa
253,874.80
253,E74.80

0.00 455,000.03
72,777.67
7,342,237.99

0.00 7,870,015.59
7,870,015,69
Market Value

0.00 455,000.03
72,777.67
7,342.237.99

0.00 7,870,015.69
7,870,015.69
Run Date: 09/13/2U2 - 07:30
Report Ver. 7.3.6.1Page 259 of 293

', 1
'' ".. /
"--;.1,,\MINDIAN ELLS 2015 A Bonds
Portfolio Management
Portfolio Summary
August 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFOiTNI"A
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
of Return
Agency
Reporting period 08/0'l /2022-08i31 12022
Par Market
Value

1.00 1.00

1.00 100.00

1.00 100.00%
Book
Value
'/o ol
Portfolio
Days to
Matudty
YTM
360 Equiv.

YTM
365 Equiv.

0.000 0.000

0.000 0.000
Portfolio 15A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Value

1.00 1.00
August 3l Month Ending
Term

0.00 1.00

0.00%
Run Dde: O9I1212O22 - 10:22 No fiscal year history available

2015 A Bonds
Portfolio Management
Portfolio Details - Investments
August 31,2022
Purchase
Dale Par Value
Statsd
BookValue Reh

1.00 L00

YTl,l Days to Maturity
Fitch 365 Maturitv Drla

0.000

0.000

0.000

0.000
Portfolio 15A
CP
PM (PRF_PM2) 7.3.0
CUSIP lnvestnent #lssuer
lfoney illarket Sweep/Ghecking Account
SYS27 27 2015 A Reserve
SYS22 22 UBC Cost Of lssuance Escrow
Subtotal and Average
Total and Average
Average
Balance

1.00 r.00
081311202'l
oTto'U2020

1.00 0.00

1.00 t.00
Market Value

1.00 L00

1.00 0.00

1.00 0.00
Run Oa''e: Og l'l 22922 - 1 0 :22
Report Ver. 7.3.6.1Page 261 of 293

t--- :l'' " /tE(il
L,-TINDIAN \ WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
2016 A Bonds
Portfolio Management
Portfolio Summary
August 31,2022
Par Market
Value

1.00 1.00
Book
Value Tenn
%ot
Portfiolio

1.00 100.00

1.00 100.00%
Days to
Maturity
YTM
350 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Value

1.00 1.00 11
Total
Current Year
Average Balance
of Return
Agency
Reporting period 0U01/2O22-0U31 12022
31 Month Ending

0.00 r.00
o.oo%
Portfolio 164
CP
PM (PRF_PMl) 7.3.0
Report Ver 7.3.6.1
RunDa'':e: Ogl12no22 - 10:24 No fiscal year history available

2016 A Bonds
Portfolio Management
Portfolio Details - Investments
August 31,2022
Purchass
Date ParValuo
Stated
BookValuo R.r.

Page I
YTM Days to Maturity
Fitch 365 Matur'rtv nrt

0.000

0.000

0.000

0.000
Portfolio 16A
CP
PM (PRF_PM2) 7.3.0
cusrP lnvestment #lsauer
Money ilarket Sweep/Checking Account
SYS28 1 UBC Cost Of lssuance Escrow
SYS33 2 Union Bank Reserve Account
Subtotal and AveEge
Total and Avorage
AYerage
Balance
r.00

1.00 07t01t2020
07n1no20

0.00 1.00

1.00 1.00
ilarket Valua

0.00 1.00

1.00 1.00

0.00 1.00

1.00 r.00
Run Oafe: Og I I 2nV22 - I 0 :24
Report Ver. 7.3.6.1Page 263 of 293

/' 't'j- /
{_ -.-,'
INDIAN i\ WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
AYerage Balance
of Return
Agency
Reporting period 08/01/2022-08131 12022
2O2O A Bonds
Portfolio Management
Portfolio Summary
August 31,2022
Par Market
Velue
'I _00
t.00

1.00 100.00

1.00 100.00%
Book
Valua
%ot
Porifoli6
Days to
Term Maturity
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 20A
CP
PM (PRF_PM1) 7.3.0
Report Ver 7.3.6.1
Velua

1.00 't.00
August 3l Month Ending
11 0.00

1.00 0.00%
Run Date:09/13/2022 - 07:38 No fiscal year history available

Average
E lrnca

1.00 {.00
2020 A Bonds
Portfolio Management
Portfolio Details - lnvestments
August 31,2022
Purchase
Date
Page t
Stated YTtl Days to maturity
Bookvalue p.r6 Fitch 365 llaturitu rbt

0.000

0.000
ParValue

1.00 1.00
Market Value
r.00
t.00
CUSIP lnveatment#lssuer
toney Market Srveep/Checking Account
SYSI 1 2020 A Bonds COI
SYS2 2 2020 A Bonds Reserve
Subtotal and Average
Total and Average
07to112020
07to1no20

0.00 1.00

0.00 1.00
0_00

1.00 r.00

1.00 0.000

0.000
1 Portfolio 20A
CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
Run Date: 09/1Y2022 - 07:38

INDIAN
1-* |
t 1,/{ -:/
\] WELLS 2022 Bonds
Portfolio Management
Portfolio Summary
August 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wells C492210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Daily Balance
of Return
Agency
Reporting period 08/0{/2022-0U31 12022
Value
12,1 19,388_99
t 2,t { 9,388.99
August 3l Month Ending

0.00 12,{04,692.59

0.00%
Mailet
Value
12,1 19,388.99
12,1 1 9,388.99
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Report Ver. 7.3.6.1Page 267 of 293

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: Amending Chapter 3.23 of the Indian Wells
Municipal Code Pertaining to the Collection of
Transportation Uniform Mitigation Fees

RECOMMENDED ACTION:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; 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; and

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.

DISCUSSION:

SUMMARY

This Ordinance aims to ensure that: (1) the Municipal Code is updated to reflect the latest model TUMF Ordinance and (2) provides for automatic inflationary adjustment of the TUMF as outlined by CVAG.

BACKGROUND

In 1987, the California Legislature passed Assembly Bill 1 600, also known as the “Mitigation Fee Act.” The bill outlined the legal requirements in which a local governmental agency charges a development impact fee to an applicant who approves a development project. The fee was intended to pay for all or a portion of the costs of public facilities associated with that project.

Two years later, in 1989, the Board of Supervisors of the County of Riverside drafted and adopted Ordinance No. 673, which outlines establishing a Transportation Uniform Mitigation Fee (“TUMF”) Program for the Coachella Valley. The fee would be imposed on the jurisdiction's future residential, commercial, and industrial development . Monies collected through the TUMF program are applied to transportation -related capital facilities and infrastructure required to address new growth within the Coachella Valley and are intended to complement revenue generated through Riverside County’s Measure A sales tax.

CVAG adopted and implemented the TUMF to finance and support regional transportation projects throughout the Coachella Valley. Since its adoption, member agencies, such as the City of Indian Wells (the City), have participated in the review and periodic maintenance of the Ordinance and the collection and remittance of the fee to the CVAG. The TUMF was updated in 2006, and in 2018 CVAG Executive Committee adopted a nexus study increasing fees and removing specific land-use exemptions.

Historically, for single-family detached homes, the TUMF fee has been as follows:

Period SFD Rate
1989-2006 $794.31
2007-2018 $1,837.44
2018-Present $2,310

Last year, the CVAG Executive Committee approved an inflationary adjustment to the fee.

This fee increase goes into effect on January 1, 2023. Each adjustment to the fee requires additional action by the City to reflect the fee change. However, the City can amend its current Ordinance to allow for the automatic inflationary adjustment of the TUMF as approved by the CVAG Executive Committee. This eliminates the need for the City Council to amend the fee every year. In addition, CVAG has requested that the City update the Municipal Code's provisions to better match the requirements provided in CVAG's latest model TUMF Ordinance.

This action has been reviewed 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 the Lead Agency, determined that the ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS

1. Ordinance

ORDINANCE NO. 746

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AMENDING CHAPTER 3.23 OF THE INDIAN WELLS MUNICIPAL CODE

PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM

MITIGATION FEES
WHEREAS, the City of Indian Wells ("City") is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside ("County"), the Agua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and
WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction; and
WHEREAS, as a CVAG Member Agency, the City participated in the preparation of the 1987 Coachella Valley Area Transportation Study ("1987 Transportation Study") prepared pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.) and based on the 1987 Transportation Study, the City adopted and implemented CVAG's model TUMF ordinance as Indian Wells Municipal Code Chapter 3.23;
WHEREAS, CVAG commissioned Michael Baker International, Inc. to prepare an updated TUMF study entitled "Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update, Nexus Study Report", and dated March 2018 (“2018 Nexus Study") to establish updated TUMF levels and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and
WHEREAS, the 2018 Nexus Study revealed the need to revise certain provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee Act which governs the adoption and implementation of development impact fees and to reflect the findings of the 2018 Nexus Study; and
WHEREAS, by notice duly given and posted, on ** the City Council conducted a public hearing to consider approval of the 2018 Nexus Study and this Ordinance; and WHEREAS, at the time and place set for the hearing, the City Council duly considered the data and information provided by CVAG, City staff and the public relative to the TUMF and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly.

ATTACHMENT #1

City of Indian Wells
Ordinance No. 746

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES ORDAIN AS FOLLOWS:

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

Section 2. REVISED CHAPTER 3.23 "TRANSPORTATION UNIFORM MITIGATION FEE"

Indian Wells Municipal Code Chapter 3.23, "Transportation Uniform Mitigation Fee" is hereby amended to read as follows:

“Chapter 3.23
Transportation Uniform Mitigation Fee

3.23.010 Purpose, use and findings.

The City Council finds and determines as follows:

A. The City is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, "Member Agencies").

B. Acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction.

C. That CVAG commissioned the preparation of various studies ("Fee Studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets.

D. That the Fee Studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the Regional System and the need to mitigate these transportation impacts using funds levied through the TUMF program.

E. That the Fee Studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the Regional System needed to accommodate growth in the Coachella Valley to the year 2030.

F. That the Fee Studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of the Regional

City of Indian Wells
Ordinance No. 746

System improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied.

G. That the Fee Studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed.

H. That the Fee Studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF.

I. That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs.

J. That the projects and methodology identified in the Fee Studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the City’s General Plan.

K. That the TUMF program complies with the provisions of the Mitigation Fee Act.

3.23.020 Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows:

“Change of use” means any change in the use of an existing building that results in the increase of vehicular trips.

“Development” means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where “development” applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use.

"Fee Study" means the studies prepared by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein.

"Impact Fee Schedule" means the schedule of development impact fees approved by resolution of the City Council.

"Mitigation Fee Act" means the law set forth in the California Government Code (Government Code Section 66000 et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project.

City of Indian Wells
Ordinance No. 746

"Regional System" means the regional system of roads, streets and highways identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS) to accommodate growth in the Coachella Valley to the year 2040. Only those projects scoring above 7.5 points in the TPPS are included for TUMF consideration.

"Transportation Mitigation Trust Fund" means the fund established pursuant to this chapter.

“TUMF" means the Transportation Uniform Mitigation Fee established by this chapter.

3.23.030 Fee Established

A. There is established a Transportation Uniform Mitigation Fee ("TUMF"), which shall apply to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips.

B. The facilities to be funded by the TUMF are detailed in the Fee Study, which is on file with the City's Public Works Department.

C. The TUMF is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments.

D. If the amount of the recommend mitigation fee is amended by CVAG pursuant to CVAG’s annual review, the City Council shall amend its fee amount in accord by providing authorization to the Finance Director to amend the City’s Fee Schedule accordingly.

3.23.040 Fund Established

A. There is established a Transportation Mitigation Trust Fund ("Trust Fund") into which TUMF proceeds shall be deposited.

B. TUMF proceeds shall be imposed and collected by the City and shall be transmitted to CVAG to be placed in the Trust Fund. All interest or other earnings of the Trust Fund shall be credited to the Trust Fund.

C. CVAG shall administer the Trust Fund in accordance with the Mitigation Fee Act.

3.23.050 Calculation and Collection of the TUMF

A. The method of calculating the TUMF shall be described in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file with the City's Public Works Department.

City of Indian Wells
Ordinance No. 746

B. The amount of the fees due shall be the amount set forth in the applicable Impact Fee Schedule in effect at the time each fee is due. The TUMF shall be collected pursuant to the City's established procedures for the collection of development impact fees.

3.23.060 Use Restrictions

TUMF proceeds shall be solely used for the engineering, construction and acquisition of the Regional System improvements identified in the Fee Study and any other purpose consistent with this chapter. TUMF proceeds shall not be used for Regional System maintenance.

3.23.070 Exemptions and Credits

A. The following developments are exempted from payment of the fee required by this chapter:

1. Low and lower-income residential housing, including single-family homes, apartments and mobile homes built for those whose income is no more than eighty percent of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the City Council or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines.

B. Credit against the TUMF shall be given where a developer improves streets included within the Regional System beyond the City's requirements established for on- site and off-site improvements imposed upon projects. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations.

That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the Regional System.

3.23.080 Appeal Procedures

A. Any developer, who, because of the nature or type of uses proposed for a development project, contends that application of the TUMF is unconstitutional or unrelated to mitigation of the burdens of the development, may file a written appeal with the City within ninety days after imposition of the TUMF as a condition of approval or as otherwise provided by the Mitigation Fee Act.

B. The appeal shall be heard by the CVAG Executive Committee in accordance with CVAG's established policies and procedures for conducting such matters. The decision of the Executive Committee shall be final.

City of Indian Wells
Ordinance No. 746

3.23.090 Administrative Fee

A. The City may impose an administrative fee in amount computed to cover the average cost to the City of processing the TUMF. The City shall establish such fee in accordance with the City's procedures for establishing service-related fees.

B. The administrative fee authorized by this section shall be in addition to the fee imposed under Section 3.23.030. The administrative fee, when collected, shall be retained by the City to recover its costs.”

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

Section 4. 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. 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. 746

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS)

CERTIFICATION FOR ORDINANCE NO. 746

I, Angelica Avila, Acting City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 746, having been introduced at a regular meeting of the City Council on October 6 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
October 6, 2022

To: City Council
From: City Manager Department
Prepared by: Micaela Wilkey, Senior Management Analyst
Subject: Children’s Discovery Museum of the Desert One- time Funding Request for Fiscal Year 2022-23

RECOMMENDED ACTION:

Council CONSIDERS and DISCUSSES the Children’s Discovery Museum of the Desert funding request; and

AUTHORIZES City Manager to negotiate and execute funding.

DISCUSSION:

The Children’s Discovery Museum of the Desert (CDMoD) is a nonprofit founded in 1986, charter member in Association of Youth Museums, ensuring the highest standards of all aspects of education, discovery, public service, outreach, and operations. The CDMoD is where youth, families, teachers, and the community collaborate and participate in joint projects and partnerships in learning and where they celebrate the rich cultural diversity of the Coachella Valley. The CDMoD has been a top attraction in the Coachella Valley for 30 years. CDMoD receives approximately 65,000 visitors per year. In 1991 $1.6 million Building Trust Fund was created by the Cove Cities: Rancho Mirage, Palm Desert, and Indian Wells. To date Indian Wells has awarded CDMoD $423,639 since 1999 for various grants, community assistance programs, and through Cove Commission.

CDMoD requests funding of $150,000 for their multi-phase improvement project. The project is designed to meet the facility’s needs by investing in new facilities and experiences to benefit the community.

Phase 1 – is reimagining Building One to create a brand new, whimsical, creative, exciting space for 0-8-year-olds and will comprise 40 new exhibits, anticipated opening in early 2023. $3 million is budgeted for the first phase. Long term CDMoD has five phases to include all three buildings, a building expansion and new construction, as well as an exterior plan. The goal is to expand the experience and programming to include all ages and family members.

To date, CDMoD has secured $1.5 million with $1.9 pledged and the project costing $3 million. CDMoD has requesting funding from all Coachella Valley Cities. Recently, the City of Palm Desert and Rancho Mirage each awarded $150,000 to CDMoD for their project.

On September 6, 2022, the Finance committee agreed and recommended to take to City Council for approval in the amount of $25,000 - $50,000.

FISCAL IMPACT:

Children’s Discovery Museum of the Desert funding request of $150,000 is not included in the adopted Operating Budget for Fiscal Year 2022-23. A supplemental appropriation is necessary.

ATTACHMENTS:

1. Funding Request Letter

From:

To:Angelica Avila
Subject:Comments for Council Meeting Oct 6th
Date:Wednesday, October 5, 2022 12:53:11 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments. ________________________________
Angelica -
Please provide the following comments to Council for their consideration on October 6, 2022.

Mayor and Councilmembers:

In light of the current economy and the uncertainty of the next 6-18 months,!I ask you to consider the following:

Item I.1
Request for $150k from the Childrens Discovery Museum:

For the eight years I served on Council, the City did not allocate funds for this organization. I do not believe the Childrens Discovery Museum is a charitable organization in the sense that others to which the City contributes are.

I urge you to not support the $150 contribution.

Item I.2
Request for two year funding to Acritute Arena in the amount of $150k and $156k.

In light of the current economy and uncertainty going forward I would urge you to postpone any such contribution for another year. It is hard to reconcile any benefit to residents by using Henetsl Fund money at this time.

Item I.4
Discussion of Finance Committee recommendation to match turf rebate offered by C.V.W.D. This is a much more complicated decision. The City should be a participant in water conservation measures. Should the City match the $3 per sq. ft? It might be appropriate to offer a 50% match of $1.50 per sq. ft. This way the City participates in water conservation efforts while managing the uncertainty of the future economy. I do favor a match.

Respectfully,
Ted Mertens
Sent from my iPhone

From:

To:Angelica Avila
Subject:Public comments for Council Meeting
Date:Tuesday, October 4, 2022 3:06:41 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments. ________________________________
Hello Angelica
I will not be able to attend the council meeting on Thursday October 6, 2002. I would like my comments on four items entered into the record.

Please tell me if this email is sufficient or if not, what I need to do.

Thank you for your help/direction
Rebecca Brundage Peterson
1- Public comment regarding Children’s Discovery Museum of the Desert One-time Funding Request for Fiscal Year 2022-23
My comment: This is a bad idea. This money should be spent on public safety IN OUR OWN CITY. 2- Public comment regarding Sponsorship Request For City of Indian Wells as an Arena Partner Acrisure Arena My comment: This is a bad idea. This money should be spent on public safety IN OUR OWN COMMUNITY 3- public comment regarding Council DISCUSSES and PROVIDES direction to staff on the placement of dedication plaques at the Indian Wells Golf Resort.

My comment: The dedication wall at the Indian Wells Resort was covered because of the public outcry over (1) excesses on this project and (2) the audacity of City leaders creating a shrine to themselves. Let sleeping dogs lie. 4 - public comment regarding Council DISCUSSES the Finance Committee’s recommendation to implement a Turf Rebate Program and PROVIDES staff direction.

My comment: The money for the turf rebate program might be better spent by taking a “lead by example approach”. Rid the City properties of turf and replace it with drought tolerant landscaping. This would demonstrate drought tolerant gardening, reduce water use and very possibly reduce maintenance labor cost.

ATTACHMENT #1

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: City Manager Department
Prepared by: Micaela Wilkey, Senior Management Analyst
Subject: Sponsorship Request For City of Indian Wells as an Arena Partner Acrisure Arena

RECOMMENDED ACTION:

Council CONSIDERS the Acrisure Arena sponsorship request for $150,000 and if Council desires;

AUTHORIZES City Manager to negotiate and execute a sponsorship agreement with Acrisure Arena; and

APPROVES supplemental appropriation of $150,000 for Fiscal Year 2022-23 and $156,000 for 2023-24 with an option to opt out of the second year.

DISCUSSION:

The brand-new arena in the Coachella Valley, Acrisure Arena (Arena), is looking to develop a long-term exclusive partnership with a City. The City of Indian Wells has been given first chance to negotiate a partnership with the Arena and become the official City Partner. The Arena will be home to the only professional sports team in the Coachella Valley, the Coachella Valley Firebirds, AHL affiliate of the Seattle Kraken. With the Arena’s strategic partnership with Live Nation, it will also be home to numerous family and music industry acts. The venue is owned and operated by Oak View Group who owns and operates 4 other arenas (Seattle-Climate Pledge Arena; New York-USB Arena; Savanah- Enmarket Arena; and Austin-Moody Center).

Highlights of the Sponsorship Opportunity

 Advertising opportunities in Seattle at the Climate Pledge Arena to Visit Indian Wells
 Marketing of Indian Wells inside and outside the Acrisure Arena. o Advertisement of the City on the arena marquee along Interstate 10.

o Equal coverage on all digital signage inside and around the Arena as other corporate sponsors, including on the scoreboard and digital message boards within the seating bowl.
o Indian Wells branding on arena stage.
 Indian Wells coverage on the Acrisure Arena website.
 Resident Benefit Program
o 5 Coachella Valley Firebird games with multiple tickets to each game for resident benefit card holders. 1 game designated as Indian Wells Night. o Minimum of 1 event per quarter for “Pre-Sale” ticket opportunities for Indian Wells Residents.
 Creation of a City Mural to be on display at the arena with the other Coachella Valley cities (Desert 9).
 Facility usage
 Opportunity to use with additional partners and work Visit Greater Palm Springs partnership.
 Additional benefits included in the attached proposal.

This opportunity could benefit the residents of Indian Wells and promote the City as a tourism and residential resort community on a national level. .

Acrisure Arena needs a response in early October in order to provide the marketing opportunities in Seattle. As such, no Marketing Committee review was conducted. Staff did reach out to Council Marketing Committee members (Mayor Pro Tem Griffith and Councilmember Balocco) on the proposal who had no objections and recommended to take to the full City Council for approval.

Visit Greater Palm Springs evaluated the proposal and is supportive. In addition, staff discussed with the local resort General Managers who are also supportive.

FISCAL IMPACT:

Acrisure Arena sponsorship supplemental appropriation of $150,000 for Fiscal Year 2022- 23 and $156,000 for 2023-24 with an option to opt out of the second year is not included in the adopted Operating Budget for Fiscal Year 2022-23, 2023-24. A supplemental appropriation is necessary. A portion of the sponsorship, $10,000 per year is being paid from the Public Art Fund for the creation of a City Mural at the arena.

ATTACHMENTS:

1. Sponsorship Proposal

1 9/30/22
ACRISURE ARENA – OVERVIEW AND VISION

OVERVIEW
This brand-new arena in the Coachella Valley will finally give the residents and guests of the Valley the world- class entertainment venue that it deserves. Anchored in Southern California, Acrisure Arena, when completed in Q4, 2022, will instantly become one of the world’s most important music venues and home to the only professional sports team in the Coachella Valley; the AHL affiliate of the Seattle Kraken, the Coachella Valley Firebirds.

Sitting within 90 miles to over 8.5 million people, the Coachella Valley occupies an important place in the world of sports and entertainment. Long known as the entertainment playground for Hollywood’s elite, the Coachella Valley has expanded its importance and notoriety past just a home of first-class hospitality and is now a cultural destination for music, food, sports and adventure. Benefitting from a population that swells to over 2 million residents during three quarters of every year from cities like Los Angeles, Chicago, Seattle, Denver and New York City, this venue will host approximately 1 million people every year and over one hundred (100) nights of world- class live events annually. Sports, Music and Family Entertainment fans will be given a differentiated experience by watching their favorite team and bands play and perform in a very intimate setting.

Through our strategic partnership with Live Nation, this new Arena will be critical to the music industry for three distinct reasons: Rehearsals, Routing and Residencies. First, it will give Live Nation the world-class venue it needs to help its bands rehearse and launch their global tours. Bands will then be easily routed to LA and then up the west coast before moving east. Finally, this venue will also provide the music industry a new home for artist residencies and compete head-to-head with Las Vegas as the primary destination for these types of shows. In addition, this arena was designed to make and save bands money with a large lower bowl and building the necessary infrastructure to speed both load-in and load-out.

This venue will be the 5th arena owned and operated by Oak View Group (OVG) in the U.S. to open and benefit from the operational efficiencies and technological innovations from OVG’s first four (4) arenas recently completed (Seattle – Climate Pledge Arena; New York – UBS Arena; Savanah – Enmarket Arena; Austin – Moody Center). Like OVG’s other venues, it will be built with the fan first and will forever change the way people attend and experience live events.

PARTNERSHIP VISION
The following proposal is an outline of the potential partnership benefits for the City of Indian Wells as an Arena Partner. The following marketing assets included in this initial term sheet are designed to be amended as we work collaboratively towards a mutually beneficial partnership.

CITY OF INDIAN WELLS PARTNERSHIP
Sponsorship Benefits
Designations: “Official Arena Partner of Acrisure Arena and the Coachella Valley Firebirds” ●Official category designation(s) to be mutually agreed upon o Partner City Sponsor
●Other mutually agreed upon designation(s)
●IP rights for Acrisure Arena and Coachella Valley Firebirds ATTACHMENT #1

2 9/30/22

ACRISURE ARENA ASSETS

Annual Marketing Assets:
● 156 Ad Plays Per Day Holding for 6 Seconds Each
o Total of 15 Minutes of Ad Play per Day
● 56,940 Ad Plays Annually Holding for 6 Seconds Each
o Total of 99 Hours of Ad Play per Year
● Hours of Operation per Sign Program for Freeway Area
o Digital: 5a – 1a (20 hours per day)
o Special Event: 5a – 2 Hours After Event End if Later Than 1a ● Arena LED & TV Display Exposure (Interior & Exterior):
o The City of Indian Wells share of voice on integrated interior digital signage to be equal to all other Arena Partners
● The City of Indian Wells share of voice on integrated exterior digital signage to be equal to all other Arena Partners
● Minimum of one (1) minute of LED ring exposure within the seating bowl for all non-sporting events (approx. 60-70 events annually)
● Facility (Club Space/Main Floor) Usage
o Usage of Acrisure Arena Club spaces three (3) days per year, dates based on availability o Hard costs to be responsibility of the City of Indian Wells (Security, F&B, etc.) ● Acrisure Arena Website Integration
o ROS banner ads equal to or greater than other Arena Partners on Arena website ● Resident Benefits for Residents of Indian Wells
o Minimum 1 event per quarter “Pre-Sale” ticket opportunities (events TBD) ● Outdoor branded stage (number of events TBD)

COACHELLA VALLEY FIREBIRDS ASSETS

Annual Marketing Assets:
● LED Rotational Dasher Board
o 3 minutes per game for Coachella Valley Firebirds
● Minimum of one (1) minute of LED ring within the seating bowl for all AHL Coachella Valley Hockey events (approx. 35 events annually)
o Includes potential NHL exhibitions to be played at Acrisure Arena ● “Three Stars” of the game partner (Arena/Digital)
● Firebirds Website
o ROS banner ads equal to or greater than other Arena Partners on AHL website ● One (1) game entitlement….”Tonight’s game brought to you by the City of Indian Wells” ● Game entitlement for Firebirds game at Climate Pledge Arena in Seattle o Includes all promotion for game as well as associated media

CITY OF INDIAN WELLS GAME NIGHT

Annual Assets:
● Tickets to 5 games, 1 game promoted as Indian Wells Night o 200 for Indian Wells Night and 100 for (4) other games o Ability to purchase additional seats at 50% off

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COACHELLA VALLEY FIREBIRDS TRAINING FACILITY

Annual Marketing Assets:
● Inclusion in the Desert 9
o Curation and creation of all artwork
o Installation and insurance requirements (provided by Flat Black Art Supply) o Artist recognition plaques and large format signage highlighting the collection and each desert city
o 1,000 oversized postcards representing each mural
o Invitations for up to 12 guests to attend #TheDesertNine Reveal party o Website highlight, minimum one post and story via social channels @AcrisureArena, and feature in Arena e-newsletter
o Inclusion in Arena opening PR campaign, distributed nationally.

TERM & INVESTMENT

Acrisure Arena
● Three (3) year term: December 2022 - September 2025
o Option to opt out after second year, with notice
● Investment: $150,000
o 4% escalator for each subsequent contract year during term ● Playoffs Per Home Game (Year 1): $2,250
o Assets include: All available AHL Coachella Valley Firebirds Assets included in term sheet o 4% escalator for each subsequent contract year during term ● First right to purchase season ticket seats for AHL Playoffs, at prevailing season ticket holder rates

Asset Recalibration
● At the City of Indian Well’s request, during the Term, parties agree to discuss potential changes to asset mix and/or terms in good faith on an annual basis

Pass Through
o Rights can be passed through to City of Indian Well’s partners, with prior approval by OVG

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Indian Wells Golf Resort Dedication Plaque

RECOMMENDED ACTION:

Council DISCUSSES and PROVIDES direction to staff on the placement of dedication plaques at the Indian Wells Golf Resort.

DISCUSSION:

At the September meeting, City Council discussed the placement of the original Golf Resort dedication plaque as well as creating a “Re-dedication” plaque for placement at the Indian Wells Golf Resort. A sub-committee consisting of Mayor Pro Tem Griffith and Council Member Bernheimer was created to evaluate the language and placement of both plaques.

The sub-committee convened on September 20 to discuss the location and language of the plaques. After some discussion it was decided to mount the existing dedication plaque and new re-dedication plaque on boulders. The boulders are proposed to be placed between the flag poles located near the entrance of the Golf Resort.

The sub-committee also discussed the language and content of the new re-dedication plaque. The sub-committee proposes to include the City’s marketing logo, all names listed on the dedication wall located in the Golf Resort lobby and the language:

“THIS PROJECT IS DEDICATED TO AND IN COOPERATION WITH THE RESIDENTS OF THE CITY OF INDIAN WELLS FOR THE PURPOSE OF ENHANCING THE CITY’S ECONOMIC BASE AND CREATING A RECREATIONAL AND PARK LIKE FACILITY”

Exhibit A, attached to this report illustrates the proposed Re-Dedication plaque.

Staff recommends the Council approve the sub-committee’s conceptual plaque size and details. The budget for the mounting, placement, and creation of the Re-dedication plaque was established at the September Council meeting as not to exceed $7,000. Staff

is working with PJ’s Desert Trophies for the mock-up of the new plaque as well as its casting.

Public Works Department
Golf Resort Dedication Plaque

I N MAN WEB
oar MORT

INDIAN WELLS GOLF RESORT
DEDICATED NOVEMBER 1, 1986
MAYOR
RICHARD R. OLIPHANT

COUNCILMEN
ANDREW ANDECK ;i D. AIJGHTRY
WILLIAM M. ARENSTEIN HAROW R. CONNE .

CITY MANAGER
PRINCE E. PIER•SON

THIS PROJECT IS DEDICATED TO AND IN

COOPERATION WITH THE RESIDENTS OF THE CITY

OF INDIAN WELLS PM THE PURPOSE OF ENHANCING

THE CITY'S ECONOMIC BASE AND CREATING A

RECREATIONAL AND PARK LIKE FACILITY

INDIAN WELLS GOLF RESORT

DEDICATED TO THE CITIZENS OF INDIAN WELLS
OCTOBER 5, 2008
MAYORS
ED MONARCH ROBERT A. BERNHEIMER MARY T. ROCHE

COUNCIL MEMBERS
LARRY SPICER PATRICK J. MULLANY

FORMER MAYORS
PERCY L. BYRD CONRAD NEGRON, SR.

CITY MANAGER

GREG JOHNSON

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Indian Wells Turf Rebate Program

RECOMMENDED ACTION:

Council DISCUSSES the Finance Committee’s recommendation to implement a Turf Rebate Program and PROVIDES staff direction.

DISCUSSION:

In response to the drought conditions declared by State of California, the Coachella Valley Water District (CVWD) has implemented a turf rebate program to incentivize the replacement of turf with drought tolerant landscaping. The intent of this program is to reduce the amount of potable water being used for landscape irrigation. The CVWD Turf Rebate Program provides the following:

 $3 per Square Foot ($3/SF) for a minimum area of 200-SF and maximum area of 10,000-SF of removal for residential applications

 $3/SF for a maximum of 25,000 square feet for commercial applications

The Cities of Rancho Mirage and Palm Desert have joined suit by providing supplemental turf removal incentives adding to CVWD’s program. Details of these programs are as follows:

Rancho Mirage – program total = $2,000,000
$3/SF Residential
$1/SF HOA & Commercial

Rancho Mirage’s program has undergone three iterations in reaction to the type of participation. Specifically, the program was initially inundated with HOA/Commercial applications, so it was modified to encourage residential participation. This was achieved by limiting the total dollar amount of incentives to HOA/Commercial applicants.

Palm Desert - $1,500,000 including a $500,000 discretion for the City Manager

 $3/SF Residential capped at $750,000
7,500 SF maximum project size

 $1/SF HOA/Commercial capped at $250,000
15,000 SF maximum project size

The Palm Desert program also favors the resident incentives by limiting the total dollar amount allocated to the HOA/Commercial component of their program.

The City of Indian Wells’ Finance Committee met on September 21 to discuss the idea of implementing our own City sponsored turf reduction incentive. The discussion focused on supporting residents’ conservation efforts by providing a monetary incentive of $3 per square foot ($3/SF) for turf replacement. The committee discussed commercial and HOA participating in the program but recommended the program focus on residential efforts.

The committee recommends the following:

Approve a turf rebate program to supplement the CVWD program with the following details:

1) City to provide a $3/SF for residential turf replacement requiring a minimum 200 SF and maximum 5,000 removal area (Maximum rebate of $15,000 per household).

2) $250,000 initial limit to the program with an additional $250,000 available as a supplement at the discretion of the City Manager

3) Program includes projects in process with CVWD with an effective date of October 07, 2022

4) City Council approve a Memorandum of Understanding that allows the Coachella Valley Water District to implement the program on behalf of the City and report back with monitoring information the program’s progress

In addition, based on the discussion with the committee, Staff recommends the re- evaluation of the “80/20” landscaping rule. The City currently requires residential lots to have landscape coverage over a minimum of 80% with a maximum of 20% hardscape or other non-vegetative coverage. Staff proposes to review the current landscape coverage rule for a more practical and drought friendly amendment. Approval of the new rule requires Planning commission evaluation and recommendation to the City Council for final approval.

Finally, the committee recognizes a City’s role in leading the community with water conservation efforts. To that end, Staff recommends the Council direct the Public Works Department to evaluate and provide alternatives to reduce the turf area in the parkways along Highway 111. It is Staff’s intention to provide conceptual ideas to the City Council with the final product to be refined by landscape professionals. Staff also recommends, as a part of the relandscape design effort, to hold public engagement meetings to solicit ideas from the community.

Funds to support the City’s $500,000 Turf Rebate Program are derived from the General Fund Unallocated Reserves.

Public Works Department
Turf Rebate

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•$3/SF(Max $25,000 SF per project)

City Programs
Rancho Mirage
•$2,000,000 total program
•$3/SF Residential
–Total Cap $400,000
•$1/SF HOA/Commercial
–Total Cap $350,000
Palm Desert
•$1,000,000 + $500,000
CM discretion
•$3/SF Residential
–Total Cap $750,000
–Max 7,500 sq ft
•$1/SF HOA/Commercial
–Total Cap $250,000
–Max 15,000 sq ft

Indian Wells Proposal
•$250,000 + $250,000 CM discretion
•$3/SF Residential
–Min 200 sq ft to Max 5,000 sq ft

INDIAN WELLS CITY COUNCIL
October 6, 2022

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Whitewater Channel Design and Permitting

RECOMMENDED ACTION:

Council APPROVES staff recommendation to assume project responsibility for the design, and permitting of the whitewater riverbank improvements; and

INSTRUCTS staff to finalize reimbursement agreements between the City, Genton Development, and Brixton Development to reimburse the City for their prorated share of project costs; and

FINDS the action is not a Project as defined under CEQA Guidelines Section 15378 and is not subject to CEQA per Section1506l(b)(3) as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment.

DISCUSSION:

The two vacant lots that flank Miles Avenue along Highway 111 are owned by two separate and distinct property owners. The Genton property (zoned Resort Commercial) is located on the northwest corner; and the Brixton property (zoned Community Commercial) is located on the northeast corner. These Commercial properties, along with the Housing Authority Property located immediately east of Brixton are working to increase the size of their lots in order to accommodate future development. In their current configuration, the buildable areas are too small to support a financially sustainable project. All three properties intend to relocate the channel bank approximately 60-feet to the north to create lot dimensions more conducive to the type of projects supported by the land use zoning.

The Coachella Valley Water District (CVWD) is responsible for the Whitewater River Channel and has jurisdictional approval authority over any modifications. Development along the channel is also subject to CVWD authority. According to CVWD Ordinance, any modification to the channel bank requires these conditions to be met: 1) approval from

Army Corps of Engineers, FEMA, California Fish and Wildlife, and compliance with the EPA’s Clean Water Act; 2) Modification to the south side (project side) of the channel requires improvements to the north side of the channel in the form of a concrete lining; and 3) Improvements to any property requires improvement to the downstream properties as well. Initially, the channel redesign was led by the Brixton development. As the property in the middle, CVWD requires improvements to Brixton’s frontage of the channel bank AND improvements to the downstream property, the Housing Authority property. Since Genton is upstream of Brixton, channel improvements are not required per condition “3” above.

As of today, all three properties are interested in improving their buildable area by relocating the south bank of the Whitewater River channel. However, the design and permits for each property is at a different phase of completion. To facilitate and coordinate the timely completion of improvement designs, agency permitting, permitting from CVWD, and construction of the channel bank improvement, the three property owners agreed it would be more efficient for the City to take the lead on the project.

At this time, the City is only seeking authorization to complete the design and permitting process for the channel improvements. Construction authorization will come back to the City Council at a later date.

For the City to assume the lead role, all parties need to agree to subordinate their agreements with their consulting engineers, environmental contracts, and any permits acquired on behalf of the project to the City. In turn, the City commits to completion and coordination of the design; CVWD permitting; Army Corps, Fish and Wildlife, Clean Water permitting; processing a CEQA document; and processing a flood map modification through FEMA; all on behalf of all three properties.

To accommodate a project of this size, Staff is proposing to increase the role of our current Engineering Consultant, Annealta Group, from a current advisory role to a program management role. The City’s Capital Improvement Program would be managed by the engineering consultant under the direction of the City’s Public Works Director. The Public Works Manager would be assigned to process all phases of the channel improvements as her primary duty.

FISCAL IMPACT:

The City would assume the existing contract with Dudek for Regulatory Permitting in the amount of $7,670. A contract would also be issued for $80,000 for Dudek to produce the necessary CEQA document. There is an existing contract with MSA Engineering for Civil Design Services in the amount of $66,900. MSA’s current scope is channel lining plans, sewer main relocation, telecom line relocation, mass grading, and onsite utilities.

The City would only participate in this contract for items that directly benefit the Housing Authority property. Q3 has an existing contract for the Chanel Design in the amount of $180,700. This amount includes Preliminary Calcs $25,900 and Construction Docs

$154,800. Q3’s contract also includes the creation of the CLOMR document, and the City would negotiate the addition of the LOMR document concurrently.

The City Council has already authorized $2,300,000 for the channel improvements for the Housing Authority property. Genton Development and Brixton Development are to be responsible for their fair share of design and permit costs, based on the linear footage of all partners properties.

Annealta Group currently serves as a Public Works consultant for the City and will be managing all City CIP Program Management work over the next two years, or until the completion of the Channel Improvements, whichever comes first. Annealta’s existing contract will need to be increased by $260,000 a year for the next two years with a contingency budget of $200,000. These funds come out of the City’s Capital Reserves and any appropriate grant funding.

Staff’s goal is to have the Whitewater Channel improvements complete by the end of 2025. Many factors will affect the timing of the project including approvals from the regulatory agencies and Coachella Valley Water District.

ENVIRONMENTAL ASSESSMENT:

This action 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, determined that the action is not a Project as defined under CEQA Guidelines Section 15378. Furthermore, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 1506l(b)(3) of the State CEQA Guidelines).

Public Works Department
Whitewater Channel Design & Permitting
GB Item I.5 - 10/06/2022
Whitewater Channel
Presentation

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Vicinity Map

Genton
12 acres currently buildable
Additional 2.25 acres buildable after
channel lining construction

Brixton
9 acres currently buildable
Additional 3.45 acres buildable after
channel lining construction

Housing Authority
10 acres currently buildable
Additional ½ acre buildable after
channel lining construction

Estimated cost distributed between 3 properties -$335,270 •Regulatory Permitting $7,670
•CEQA Document $80,000
•Civil Design $66,900
•Channel Design $180,700
•CIP Management $260,000/yr +
$100,000 contingency/yr

Overall Slope Modification View