1 CITY COUNCIL MEETING MINUTES
Thursday, October 6, 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 October 6,2022, in the City Hall Council Chamber and Zoom/Teleconference.
B.APPROVAL OF THE FINAL AGENDA
A motion was made by Mayor Pro Tem Griffith, 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 Riverside County Sheriff Department Update by Indian Wells Lieutenant David Wright
Riverside County Sheriff Department Lieutenant David Wright provided an update as of August 31, 2022, relating to service calls, vehicle stops,
2 citations, arrests, traffic collisions, Community Service Officer response.
Lieutenant Wright provided an overview of notable cases and operations conducted by the Special Enforcement Team. Mayor Pro Tem Griffith requested speed control and enforcement on Eldorado and Fairway Drive.
C.2 Riverside County Fire Department Update by Battalion Chief Matt Kotz
Riverside County Battalion Chief Matthew Kotz provided a breakdown of emergency calls from May 1, 2022, through August 31, 2022. Battalion Chief Kotz gave a comparison of service calls in previous years and further reported the Fire Department is in the planning stages of the Iron Man event being held on December 4, 2022.
C.3 Indian Wells Mini Muster Recognition and Presentation by Mike Lewis
Mayor Reed presented a proclamation recognizing the Month of October 2022 as Fire Prevention and Mini Muster in the City of Indian Wells.
C.4 Local Hazard Mitigation Plan Presentation by Indian Wells Emergency Services Coordinator Linda Soto
Indian Wells Emergency Services Coordinator Mike Ornelas introduced new Indian Wells Emergency Services Coordinator Linda Soto and provided an update of the Local Hazard Mitigation Plan.
D. PUBLIC COMMENTS
Ms. Jacqueline Bradley, resident, welcomed candidates to contact her for a meet and greet opportunity and expressed concerns relating to negative election material being circulated targeting candidates. Ms. Linda Blank, resident, provided information of two upcoming events that include Modernism Week home showcase being held on October 14, 2022, and Indian Wells Tennis Garden Tour on October 15, 2022, and thanked the City for their support.
E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland Reported Greater Coachella Valley Chamber is hosting an Indian Wells Candidate forum on Tuesday October 11, 2022, from 5:00 p.m.-7:00 p.m. at the Indian Wells Country Club. He reported Indian Wells Winterfest begins in early November through New Year's Day. He reported resident welcome back party is scheduled on November 15, 2022, and a tree lighting ceremony on November 18, 2022. He reported City Hall is a ballot box location for the 2022 Election and the Indian Wells Golf Resort are in negotiations
3 to be destination for celebrity golf tournament. He requested Consent Item G.4 Recruitment Schedule for City Representative to the Coachella Valley Mosquito and Vector Control include an additional Council Representative to the Ad Hoc Interview Committee consisting of Council Member Sanders.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported the Governor signed into law new housing bills and a summary would be provided at a future agenda. He 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.
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 Sanders, seconded by Council Member Bernheimer to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.2 Ordinance Adding Chapter 16.110 to Title 16 of the Municipal Code Relating to an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations
It was determined to ADOPT Ordinance No. 744 to read as follows:
ORDINANCE NO. 744
4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, ADDING CHAPTER 16.110 TO TITLE 16 OF THE MUNICIPAL
CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING
PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Adopt Ordinance. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.3 Resolution Approving Clarifying Edits to Section 2.09.050 of the Council Policy Manual
Council Member Bernheimer congratulated the Council Policy Review Ad Hoc Committee for their work on simplifying the Council Policy.
It was determined to ADOPT Resolution No. 2022-38 to read as follows:
RESOLUTION NO. 2022-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING CLARIFYING EDITS TO SECTION
2.09.050 OF THE CITY COUNCIL POLICY MANUAL; AND FINDING THE
ACTION TO BE EXEMPT FROM CEQA
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.4 Recruitment Schedule for City’s Representative to the Coachella Valley Mosquito and Vector Control Board
It was determined to APPROVE the recruitment schedule; and
DESIGNATE AS AMENDED Mayor Pro Tem Donna Griffith and Council
5 Member Sanders to serve as the Ad-Hoc Interview Committee for the Mosquito and Vector Control Board.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.5 First Amendment to Amended and Restated Agreement with Burrtec Waste & Recycling Services, LLC for Integrated Solid Waste Management Services
It was determined to APPROVE the First Amendment to the Amended and Restated Agreement between the City of Indian Wells and Burrtec Waste & Recycling Services, LLC for Integrated Solid Waste Management Services.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.6 Adopting by Reference 2022 Edition of California Building Standards Code and Other Uniform Codes; and Setting a Public Hearing for Same
It was determined to INTRODUCE Ordinance No. 747 to read as follows:
ORDINANCE NO. 747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, REPEALING AND RECASTING TITLE 16 OF
THE INDIAN WELLS MUNICIPAL CODE; ADOPTING BY REFERENCE
THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS
CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24); INCLUDING THE 2022 CALIFORNIA BUILDING CODE (INCORPORATING AND
AMENDING THE 2021 INTERNATIONAL BUILDING CODE); THE 2022
6 CALIFORNIA MECHANICAL CODE (INCORPORATING AND
AMENDING THE 2021 UNIFORM MECHANICAL CODE); THE 2022
CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING
THE 2021 UNIFORM PLUMBING CODE); THE 2022 CALIFORNIA
ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2020
NATIONAL ELECTRICAL CODE); THE 2022 CALIFORNIA ENERGY
CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE; THE 2021 UNIFORM SWIMMING POOL, SPA & HOT TUB CODE; THE 2022
CALIFORNIA FIRE CODE (INCORPORATING AND AMENDING THE
2021 EDITION OF THE INTERNATIONAL FIRE CODE); THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2022
CALIFORNIA RESIDENTIAL CODE (INCORPORATING AND
AMENDING THE 2021 INTERNATIONAL RESIDENTIAL CODE);
TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS
AND CHANGES THERETO
SET a public hearing for November 3, 2022, to take testimony and consider adopting the Ordinance.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Introduce Ordinance. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.7 September 15, 2022, Special Council Meeting Minutes It was determined to APPROVE the September 15, 2022, Special Council Meeting Minutes.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Approve the Minutes. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
7 G.8 September 15, 2022, City Council Meeting Minutes
It was determined to APPROVE the September 15, 2022, City Council Meeting Minutes.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Approve the Minutes. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
G.9 City Treasurer’s Report for August 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for August 2022.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
H. PUBLIC HEARINGS
H.1 Amending Chapter 3.23 of the Indian Wells Municipal Code Pertaining to the Collection of Transportation Uniform Mitigation Fees
Mayor Reed opened the public hearing at 2:08 p.m. to hear testimony in favor of or against Ordinance No. 746; hearing none, Mayor Reed closed the public hearing.
It was determined to 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; and
INTRODUCE Ordinance No. 746 to read as follows:
8 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.
A motion was made by Council Member Sanders, seconded by Council Member Bernheimer to Introduce Ordinance. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
I. GENERAL BUSINESS
I.1 Children’s Discovery Museum of the Desert One-time Funding Request for Fiscal Year 2022-23
Children's Discovery Museum of the Desert Chief Executive Officer Cindy Burreson provided an update on the new Children's Museum exhibits and their expansion efforts for a certified autism center that will offer sensory tools. Ms. Burreson thanked the Council for their funding consideration as the museum strives to be an economic driver for the Coachella Valley.
Children's Discovery Museum Operational Director Katie Stice thanked the Council for their consideration to fund the museum.
Council Member Bernheimer suggested the City develop a budgetary process for capital funding requests and provided an overview of the City’s past practice for extraordinary requests.
Ms. Jacquelyn Bradley, resident, spoke in opposition to fund the Children's Discovery Museum. Ms. Rebecca Peterson, resident, submitted written public comment in opposition of the funding request. Mr. Ted Mertens, resident and former Council Member, stated this matter is a policy decision and to consider funding in the future.
The Finance Committee clarified the funding amount be kept between $25,000 - $50,000 if the Council is willing to consider such funding, there was no recommendation made by the Committee to fund. There was discussion relating to Grants In Aid funding qualifications and Capital Improvement funding requests. Further discussion ensued relating to
9 future hotel and museum partnership programs.
A motion was made by Mayor Reed, seconded by Council Member Bernheimer to fund the Children's Discovery Museum in the amount of $25,000.
A substitute motion was made by Council Member Bernheimer, seconded by Mayor Reed to DIRECT staff to bring back at a future meeting a revised Community Assistance Policy, budget year to date, and Children's Discovery Museum funding request for consideration. The motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
I.2 Sponsorship Request for City of Indian Wells as an Arena Partner Acrisure Arena
Mr. Jonathan Grove, Oak View Group Representative, provided an overview of the City's benefits in partnering with Acrisure Arena.
Ms. Jaqueline Bradley, resident, requested clarification on cost for the partnership and the benefits that would be included in the sponsorship.
Ms. Rebecca Peterson and Mr. Ted Mertens, residents, submitted written public comments in opposition of the sponsorship.
Mayor Reed expressed concerns relating to the location of the advertisements and the City not generating sales tax from arena. Council Member Sanders expressed concerns on advertisements in Seattle.
Mayor Pro Tem Griffith spoke in support of the sponsorship and its benefits. There was further discussion on the marketing program.
It was determined to APPROVE the formation of a Council Ad Hoc Committee consisting of Mayor Pro Tem Griffith and Council Member Bernheimer to review and negotiate a sponsorship agreement with Acrisure Arena and report at a future meeting.
A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Balocco to Approve the recommendation. The motion carried by the following vote:
10 AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
I.3 Indian Wells Golf Resort Dedication Plaque
Ms. Jaqueline Bradley, resident, spoke in support of the new proposed plaque dedication. Ms. Rebecca Peterson, resident, summited a written public comment in opposition of unveiling the old plaque.
It was determined to 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.
A motion was made by Council Member Bernheimer, seconded by Mayor Pro Tem Griffith to Approve the Recommendation. the motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
I.4 Indian Wells Turf Rebate Program
Ms. Victoria Lurk, resident, spoke in support and recommended the program be implemented as soon as possible. Ms. Linda Mullin, resident, spoke in support of turf rebate program. Ms. Rebecca Peterson, resident, summitted written public comment suggesting the City change landscaping to drought tolerant. Mr. Ted Mertens, resident and former Council Member, submitted written public comment in support of a match for dollar rebate program.
It was determined to APPROVE turf rebate program total of $500,00 to be disbursed as follows: for residential reimbursement of up to $300,000 maximum budget $3/sq ft for turf area 200-sq ft minimum to 5,000-sq ft maximum turf area; and homeowners associations reimbursement amount of up to $200,000 maximum budget $1/sq ft for turf area 15,000 sq ft maximum turf area.
11 A motion was made by Council Member Bernheimer, seconded Council Member Sanders to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
I.5 Whitewater Channel Design and Permitting
It was determined to APPROVE staff recommendation to assume project responsibility for the design, permitting of the whitewater riverbank improvements, and modification to City consultant to accommodate taking over capital improvement program; and
INSTRUCT 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
FIND 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.
A motion was made by Council Member Bernheimer, seconded by Mayor Reed to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Reed, Griffith, Sanders, Balocco, Bernheimer
NOES: 0
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
J.1 COUNCIL MEMBER BERNHEIMER
Council Member Bernheimer encouraged the community to attend Paint El Paseo Pink to raise breast cancer awareness to be held on October 8, 2022, at 7:00 a.m.in the City of Palm Desert. He stated Desert Cancer Foundation is hosting a fundraising event at the Classic Club on November 12, 2022, to help pay cancer costs for individuals.
12 J.2 COUNCIL MEMBER BALOCCO
Council Member Balocco reported Golf Resort Advisory Committee conducted an update on the new Top Tracer Technology.
J.3 COUNCIL MEMBER SANDERS
Council Member Sanders reported Indian Wells Public Safety committee has scheduled Coffee with Cop on Wednesday, October 12, 2022 at the Indian Wells Golf Resort. He reported Desert Sands Unified School District Two by Two Committee had update on City efforts for street improvements on Warner Trail and a scheduled project that will aid traffic set to begin in the Summer of 2023.
J.4 MAYOR PRO TEM GRIFFITH
Mayor Pro Tem Griffith reported attending the All Valley Mayor's Luncheon. She reported Historical Preservation Foundation meets weekly to process archiving of historical records and the board is working with the City for a permanent storage facility.
J.5 MAYOR REED
Mayor Reed reported attending a two-day California Contract Cities Annual Conference in September.
K. ADJOURNMENT
At 4:28 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 November 3, 2022, in the City Hall Council Chamber.
_________________________
Angelica Avila, CMC
City Clerk