1 SPECIAL CITY COUNCIL MEETING MINUTES
Monday, November 28, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
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 Special Council Meeting at 1:30 p.m. on November 28, 2022, in the City Hall Council Chamber.
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 Summited. The motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Angel Force USA Presentation by Founder Anne Hyde Dunsmore Founder of Angel Force USA Anne Hyde Dunsmore provided an overview of their efforts to raise awareness of veteran's suicides and encouraged the community to attend an event being held in Rancho Mirage. Council Member Sanders suggested the Council consider some level of support in the future.
2 D. PUBLIC COMMENTS
Mr. Robert Hiddleston, resident, expressed concerns relating to the approval of Fireworks in the City.
E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland provided an update on the turf rebate program and encouraged the community to contact Coachella Valley Water District to begin the process. He reported Winterfest event at the Indian Wells Golf Resort has been successful. He clarified Consent Item G.9 Extension to Professional Services Agreement with DeNovo Planning Group has no fiscal impact.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported a new housing bill staff report was received and filed during the Special Housing Authority meeting held prior to the Council meeting.
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 Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
3 G.2 Termination of Prior Development Agreement (Miles Lodge) It was determined to APPROVE the proposed Termination Agreement between the City and Miles Lodge LLC and 3x5 LLC; and
AUTHORIZE the City Manager to execute the agreement on the City’s behalf; and
FIND the action to be exempt from CEQA.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0
G.3 Affordable Housing Property Acquisition Funding Agreement (APN 633-360- 002)
It was determined to APPROVE the proposed Affordable Housing Property Acquisition Funding Agreement; and
FIND no further review is needed under CEQA.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0
G.4 Appointment of City Representative to Coachella Valley Mosquito and Vector Control Board
It was determined to APPOINT the Council Ad Hoc Committee recommendation Clive Weightman as the City’s representative to the Coachella Valley Mosquito and Vector Control Board for a two-year term beginning January 1, 2023.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0
4 G.5 Resolution Amending the Conflict-of-Interest Code of the City of Indian Wells Pursuant to the Political Reform Act of 1974
It was determined to ADOPT Resolution No. 2022-43 to read as follows:
RESOLUTION NO. 2022‑43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Adopt the Resolution. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.6 Update to Fiscal Year 2022-23 Employee’s Salary Range Schedule It was determined to APPROVE the update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and
DIRECT staff to post the employee salary range schedule on the City’s website.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.7 Annual Financial Report for the Fiscal Year Ending June 30, 2022 It was determined to RECEIVE and FILE the City’s Annual Financial Report for the fiscal year ending June 30, 2022.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Receive and File the Recommendation. The Motion carried by the following vote:
5 AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.8 Accept the Indian Wells Golf Resort Sidewalk Improvements as Complete It was determined to APPROVE the Indian Wells Golf Resort Sidewalk Improvement Project as completed in compliance with the project scope, budget, and schedule; and
DIRECT Staff to certify the project completion with Riverside County.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.9 Extension to Professional Services Agreement with DeNovo Planning Group for Comprehensive General Plan Update and CEQA Documentation It was determined to AUTHORIZE and DIRECT the City Manager to execute a one (1) year extension to the Professional Services Agreement (“PSA”) with DeNovo Planning Group for the preparation and development of the Comprehensive General Plan Update and required environmental documentation.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.10 Modification No. 3 of Conditional Use Permit No. 2-94-2 to construct a replacement of a new spa and fitness center, pool area, and administrative offices at the Eldorado Country Club (APN: 623-070-001, 623-072-002, 623- 072-003)
It was determined to FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15302,
6 Replacement and Reconstruction; and
ADOPT Resolution No. 2022-44 to read as follows:
RESOLUTION NO. 2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING MODIFICATION NO. 3 TO CONDITIONAL USE PERMIT NO. 2-94-2 TO CONSTRUCT A NEW 30,029 SQUARE FOOT SPA AND FTINESS
CENTER, POOL AREA AND ADMINISTRATIVE OFFICES AT THE ELDORADO COUNTRY CLUB IN INDIAN WELLS (APN:623-070-001,623-072-002,623-072- 003) AND FINDING THE PROJECT EXEMPT FROM CEQA.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Recommendation. The Motion carried by the following vote:
AYES: 4- Balocco, Bernheimer, Griffith, Sanders
NOES: 0
RECUSE: 1- Reed
G.11 October 6, 2022, Special Council Meeting Minutes
It was determined to APPROVE the October 6, 2022, Special Council Meeting Minutes.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Minutes as Submitted. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.12 October 14, 2022, Special Closed-Session Minutes
It was determined to APPROVES the October 14, 2022, Special Closed- Session Minutes.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Minutes as Submitted. The Motion carried by
7 the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.13 City Treasurer’s Report for September 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for September 2022.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Receive and File the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
G.14 City Treasurer’s Report for October 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for October 2022.
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Receive and File the Recommendation. The Motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
H. PUBLIC HEARINGS
H.1 Modification to Conditional Use Permit No. 2014-03, and Planned Sign Program 2012-01, including Zone Text Amendment No. 2022-02, and Environmental Assessment No. 2022-02 (APN: 604-640-015) Mayor Reed opened the public hearing at 2:05 p.m. to hear testimony in favor of or against Resolution No. 2022-45; hearing none, Mayor Reed closed the public hearing.
It was determined to ADOPT Resolution 2022-45 to read as follows:
8 RESOLUTION NO. 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2014-03, AND ZONE TEXT AMENDMENT NO. 2022-02 TO CONDITIONALLY
ALLOW A SPECIAL EVENT PARKING LOT/SOD FARM GENERALLY LOCATED
SOUTH OF MILES AVENUE DIRECTLY ACROSS FROM INDIAN WELLS TENNIS GARDEN (APN: 604-640-015), AND ADOPTION OF AN INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH CEQA; and
INTRODUCE Ordinance No. 749 to read as follows:
ORDINANCE NO. 749
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING CHAPTER 21.34 OF THE INDIAN WELLS MUNICIPAL CODE BY MODIFYING SECTION 21.34.040 TO ESTABLISH TEMPORARY USES
INCLUDING UNPAVED PARKING LOTS, AGRICULTURAL USES, SOD FARMS AND
SIMILAR FACILITIES AS CONDITIONALLY PERMITTED USES IN THE RESORT COMMERCIAL ZONE; FOR WHICH AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION WAS PREPARED FOR CEQA.
A motion was made by Council Member Bernheimer, seconded by Council Member Sanders to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: 0
I. GENERAL BUSINESS
I.1 Resolution Amending the City’s Resident and Resident Guest Amenity Fees Mr. Ty Peabody, resident, and former Council Member, suggested to simplify the calculations for the average cost of golf per month. Mr. Robert Hiddleston, requested clarification on the golf rate cost.
Council Member Balocco expressed concerns relating to the proposed system as it assumes that the golf resort is being given a profitable round and suggested further discussions be held once the new Council is seated.
It was determined to ADOPT Resolution No. 2022-46 to read as follows:
9 RESOLUTION NO. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, ADOPTING A RESIDENT AMENITY FEE POLICY AND RESCINDING PRIOR RESIDENT AMENITY FEE POLICIES.
A motion was made by Council Member Bernheimer seconded by Council Member Sanders to Adopt Resolution. The motion carried by the following vote:
AYES: 4 - Bernheimer, Griffith, Reed, Sanders
NOES: 0 -
ABSTAIN: 1 - Balocco
I.2 Discussion on Possible Changes to Resident In-Season Golf Rate and Golf Tee Time Availability
Mr. Ty Peabody, resident, and former Council Member, spoke in opposition relating changes in amenity fees and suggested to further review operating costs for bottom line results. Mr. Don Shine, resident, spoke in opposition relating to golf rate increase. Mr. Gordon Johnson, resident, and Golf Resort Advisory Committee member, spoke in opposition of the proposed golf rate time changes.
Mr. Bruce Whitman, resident, thanked Council Member Balocco and Bernheimer for bringing measured discussions before the Council and spoke in opposition of golf rate increases. Mr. Chuck Gelow, resident, expressed concerns on the percentage calculations. Ms. Pam Wallace, resident, stated the Golf Resort was first dedicated to the residents of Indian wells. Mr. Andrew Lucarino, resident, spoke in opposition to changes in amenity fees. Mrs. Carol and Mr. Jim Kent, residents, submitted written comment in opposition to changes in golf amenity rate.
There was discussion on conducting future study session to allow the community to engage with the Council on various topics. There was no action taken during the discussion on possible changes to resident in-season golf rate and gold tee time availability.
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
10 J.1 COUNCIL MEMBER BERNHEIMER
Council Member Bernheimer requested the Council consider adding the recreational vehicle permitting system to a future meeting for review and discussion.
J.2 COUNCIL MEMBER BALOCCO
Council Member Balocco thanked staff, Council Member Bernheimer for his service, and the Council.
J.3 COUNCIL MEMBER SANDERS
Council Member Sanders reported Coachella Valley Economic Partnership hosted a presentation by Coachella Valley Train Service and requested the City invite the agency to conduct presentation at a future meeting.
J.4 MAYOR PRO TEM GRIFFITH
Mayor Pro Tem Griffith reported CVAG Conservation Commission has a scheduled tour in January to visit conserved land. She reported Historical Preservation Foundation selected a new board that will be seated on December 4, 2022. She reported Community Activities had over 300 residents attend their resident Winterfest and Veteran' Day had over 230 attendees. She further reported residents’ day at Pickleball was well attended.
J.5 MAYOR
Mayor Reed reported Sunline Transit Agency has not reached an agreement with its driver union. He reported CVAG Transportation Committee continues to fund bridge overpass projects along highway Interstate 10.
K.ADJOURNMENT
At 3:30 p.m., Mayor Reed ADJOURNED the Special Council Meeting to a regularly scheduled meeting of the City Council at 1:30 p.m. on December 15, 2022, in the City Hall Council Chamber.
_________________________
Angelica Avila, CMC
City Clerk