Agenda — Indian Wells City Council, January 5, 2023

CITY COUNCIL
Meeting Agenda

Thursday, January 5, 2023
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210

Welcome to a meeting of the Indian Wells City Council.

Public Comments: Members of the Public who wish to speak should fill out a blue slip and submit it to the City Clerk, comments are limited to 3 minutes. In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction.

Notification: If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA) please contact the City Clerk at 760-346-2489, 48 hours prior to the meeting.

Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) during Council proceedings. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Pages

A.CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF

ALLEGIANCE AND ROLL CALL

MAYOR DONNA GRIFFITH

MAYOR PRO TEM GREG SANDERS

COUNCIL MEMBER TY PEABODY

COUNCIL MEMBER BRUCE WHITMAN

COUNCIL MEMBER DANA REED
B.APPROVAL OF THE FINAL AGENDA
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Proclamation Recognizing March 1, 2023 as Coachella Valley Giving Day
C.2 Introduction of New Director of Indian Wells Tourism Don Prince C.3 Riverside County Fire Update by Battalion Chief Matthew Kotz C.4 Riverside County Sheriff Update by Lieutenant David Wright C.5 Southern California Edison Update by Aaron Thomas
D.PUBLIC COMMENTS
Members of the Public who wish to speak on consent items or items not listed on the agenda may do so at this time. Public Comments are limited to 3 minutes. Speakers will be alerted when their time is up and are then to return to their seats and no further comments will be permitted.

Please note that while the City Council values your comments, the Council cannot respond nor take action on matters not listed on the agenda until the matter may appear on the forthcoming agenda.

E.CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief
announcements, informal comments, or brief the Council on items of interest.

F.CITY ATTORNEY REPORTS AND COMMENTS
City Council Meeting Agenda January 5, 2023

Page 2 of 84 ends

G.CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council request specific items be removed from the Consent Calendar for separate discussion and action.

G.1 City Treasurer’s Report for November 2022 7
RECOMMENDED ACTION:

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

G.2 October 6, 2022, City Council Meeting Minutes 26
RECOMMENDED ACTION:

Council APPROVES the October 6, 2022, City Council Meeting Minutes.

G.3 October 14, 2022, Special Council Meeting Minutes 39 RECOMMENDED ACTION:

Council APPROVES the October 14, 2022, Special Council Meeting Minutes.

G.4 November 28, 2022, Special Closed-Session Meeting Minutes 42 RECOMMENDED ACTION:

Council APPROVES the November 28, 2022, Special Closed-Session Meeting Minutes.

G.5 November 28, 2022, Special Council Meeting Minutes 45 RECOMMENDED ACTION:

Council APPROVES the November 28, 2022, Special Council Meeting Minutes.

H.PUBLIC HEARINGS
No Public Hearing Items.

City Council Meeting Agenda January 5, 2023

Page 3 of 84 ends

I.GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

I.1 Annual Review of FPPC Gift Restrictions, City Ticket Distribution Policy, and City Campaign Contribution Reporting Requirement 56 RECOMMENDED ACTION:

Council RECEIVES and FILES information report.

J.COUNCIL MEMBERS' REPORTS
Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

J.1 Request to Place on a Future Agenda Discussion on Possible Changes to the Recreational Vehicle Permit Process
82 RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION to staff.

J.2 Request to Place on a Future Agenda Discussion relating to the Indian Wells Golf Resort Management Agreement
83 RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION to staff.

J.3 Request to Place on a Future Agenda Discussion Regarding Request for Proposals for City Attorney Services
84 RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION to staff.

K.COUNCIL MEMBERS' COMMENTS
Council Members may make a brief announcement or a brief report on their own activities.

City Council Meeting Agenda January 5, 2023

Page 4 of 84 ends

K.1 COUNCIL MEMBER REED
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Transportation Committee
CVAG Public Safety Committee
K.2 COUNCIL MEMBER WHITMAN
Coachella Valley Mountains Conservancy
Desert Sands Unified School District
Indian Wells Marketing Committee
Indian Wells Public Safety Committee
Visit Greater Palm Springs
K.3 COUNCIL MEMBER PEABODY
Cove Communities Services Commission
Coachella Valley Animal Campus
Indian Wells Golf Resort Advisory Committee
Indian Wells Marketing Committee
Sunline Transit Agency
K.4 MAYOR PRO TEM SANDERS
Cove Communities Services Commission
Coachella Valley Economic Partnership
Desert Sands Unified School District
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Public Safety Committee
Indian Wells Tee Committee
City Council Meeting Agenda January 5, 2023

Page 5 of 84 ends

K.5 MAYOR GRIFFITH
CVAG Executive Committee
CVAG Conservation & Energy Environmental Commission
CVAG Homelessness Committee
Indian Wells Community Activities Committee
Indian Wells Golf Resort Advisory Committee
Indian Wells Grants In Aid Committee
Indian Wells Historic Preservation Foundation
Indian Wells Finance/Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Tee Committee
L. ADJOURNMENT
To a scheduled Strategic Planning Session of the City Council to be held at 9:00 a.m. on February 1, 2022 in the Indian Wells Golf Resort Celebrity Ballroom.

Affidavit of Posting,
I, Angelica Avila, certify that on December 29, 2022 I caused to be posted a notice of a City Council Meeting to be held on January 5, 2023 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
________________________
Angelica Avila, City Clerk
City Council Meeting Agenda January 5, 2023

Page 6 of 84 ends

Indian Wells
Fire
Department
Report

CAL FIRE /

RIVERSIDE

COUNTY FIRE

DEPARTMENT

DIVISION CHIEF

MIKE BEVERLIN
Cal Fire Presentation:

January 5, 2023

Presentation
2022 breakdown of Fire Department
calls for service in Indian Wells.

Previous years comparison.
2022 Indian Wells Fire Department
year in review.

Total number of Fire
Department calls
for service in 2022:

Residential structure fires-4
Medical based calls-974
False alarms-159
Traffic collisions-84
1,339

Number of
Fire
Department
calls for
service in
2022 at
Indian Wells
hotels:

Renaissance Esmerelda-18
Hyatt Grand Champions-48
Indian Wells Resort-20
Miramonte Resort-14

Comparison of
yearly Fire
Department
calls for service:
2022 total number of calls for service: 1,339
2021 total number of calls for service: 1,139
Overall increase in calls for service: 17.6%
from 2021
2020 comparison total number of calls for
service: 1,049
Average rate of increase of yearly calls in
Indian Wells: 13% per year increase.

Fire Expo / Pet Shot Clinic
April 2022
Community involvement and
interaction.

Discuss emergency
preparedness and fire safety
with Indian Wells residents.

Q & A with the public.

Gerald Ford Elementary School Mini-Muster
October 2022
Fire Department Mini-Muster
was back after a 2-year hiatus.

Promote fire safety.

Physical education.

Indian Wells Winterfest
December 2022
Tree lighting ceremony.

Spark of Love toy donation.

Handout toys at the Barbara
Sinatra Center.

La Quinta to Indian Wells Ironman
December 2022
Firefighter / Paramedic Harrison Dement
Provide medical and emergency standby for the
entire event.

Ensure a safe and fun event for athletes and
spectators.

Prepare for December 3rd, 2023, for another
successful event.

CAL FIRE / Riverside County Fire
Department and the City of Indian Wells
The City of Indian Wells has
contracted with CAL FIRE /
Riverside County Fire
Department since 1979.

Questions?

Riverside Sheriff –Indian Wells
Sheriff Presentation:

January 5, 2023

Riverside Sheriff –Indian Wells
13,796 total file numbers drawn as of December 31, 2022 •3,658 calls for service
•10,138 self-initiated file numbers drawn
•493 reports written
•110 total arrests made
•42 DUIs
•11 Narcotics
•24 Public intoxication
•20 Warrant arrests
•8,596 area checks conducted

Riverside Sheriff –Indian Wells
Traffic Collisions Year-to-Date as of 12/31/22 = 123
•0 Fatal
•3 Major injury
•41 Minor-injury
•79 Non-injury
Traffic Citations Year-to-Date = 1,238
•42 DUI Arrests

Riverside Sheriff –Indian Wells
Uniform Crime Reporting Data YTD Comparison as of 11/30/22 Crime 2020 YTD 2021 YTD 2022 YTD
Homicide 1 0 0
Rape 0 0 2
Robbery 1 1 1
Aggravated Assault 15 2 6
Total Violent Crimes 17 3 9
Burglary 25 23 29
Auto Theft 10 17 10
Larceny*68 80 85
Total Property Crimes 103 120 124
Total Part 1 Crimes 120 123 133 +8% from 2021
* Includes vehicle burglaries

Notable Cases/Operations
11/21/22 –The Palm Desert Station Traffic Team conducted speed enforcement throughout the city and issued 42 citations. 12/29/22 -Deputies responded to a robbery at the CVS and learned an employee exited the store to sell a personal item to a male acquaintance. The victim was robbed at gunpoint inside a vehicle by the acquaintance and two other unidentified male subjects. The suspect vehicle was located in the city of Indio. One suspect and the weapon used in the crime was located.

Operations/Project Updates
Speed enforcement on Hwy 111, Fred Waring and Fairway
One deputy has been added to night shift
Code enforcement assistance for certain violations
Several HOA meetings were conducted
CSOs have completed CPTED training and have completed several assessments

INDIAN WELLS CITY COUNCIL
January 5, 2023

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

RECOMMENDED ACTION:

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

DISCUSSION:

Attached are the monthly cash balance and investment reports for November 2022.

Investments reflected in this report are “Marked-to-Market,” meaning the market value of the City’s investments is updated monthly. This method provides a clear depiction of the City’s portfolio’s value subject to the investment market’s performance . As a result, the City of Indian Wells maintains prudent fiscal reserves and minimizes un-invested cash.

Cash and Investments

As of November 30, 2022:
 The City’s cash and investments totaled $75,171,324.34  The City’s portfolio earned a 1.585% rate of return.

Treasurer’s Certification

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

Liquidity - The City Treasurer certifies that the City’s portfolio is sufficient to meet its financial obligations for the next six months. The investment portfolio will remain sufficiently liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature while cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible

Page 7 of 84 ends

cash demands cannot be anticipated, the portfolio consists mainly of securities with active secondary or resale markets (dynamic liquidity).

Fiscal Prudence

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

Background

Staff provides Council with a monthly update to the Treasurer’s Report. The Report presents the City’s cash activity and investment portfolio and includes a reconciliation between investment balances and General Ledger. Specifically, the report provides information on the types of investments, dates of maturities, costs, the updated market value of securities, and rates of interest earned in the portfolio.

The City maintains a written investment policy in compliance with legal requirements of Government Code section 53600 and governs the investments made by the City. It is the policy of the City of Indian Wells to invest public funds in a manner that will provide maximum security with the highest investment return while meeting the daily cash flow demands of the City. Therefore, the investments purchased by the City are consistent with the City’s investment policy and are allowable under the current legislation of the State of California.

The City invests in U.S. treasuries, federal agency securities, medium-term corporate notes, municipal bonds, federally insured certificates of deposit, and overnight cash investments. Criteria for selecting investments in the order of priority are (1) safety, (2) liquidity, and (3) yield.

ATTACHMENTS:

1. City Treasurer’s Report

Page 8 of 84 ends

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Indian Wells
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Paclflc wgtern Bank - Pavbll **-**1752 0 00
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Pacific Wetern Bank - Pubtic Funds MMA **-*1**5064 10,001.33 Union BankofcA _ SweeD Invstment ***-***0121 33,524.09
IJS gank Monev Market - Invstment 0 00
US Eank Monev Market - 4590 101,275.15
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Cefrificate of Dercsit'Goldman Sachs Bank 38148PG43
Cedlffcate of De@slt-Sallie Mae 795450N84
cediffcate of DemsiLFi6t National Bank ofAmerlca 321loYtKg Certlficate of &@slt-Discover Bank 254673U18
Ceftificate of &rcsit{omenitv Capital Bank 20033AM86
Certlficate ofDe@slt-USB Bank USA 903481FF2
cediffcate of ftmslFRIA Federal Credit Union 749522A10
cedificate of Dercslt{apibl one Bank 14042TAY3
Ceiiffcate of &@sit-Bankwst 06652CH42
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Cetificate of Dercst-Nicolet Natlon &nk 554062J22
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ceftificate of Dercsit-Fl6t Natl &nkof l4c€reor TX 32112UDR Certlficate of De@slt{ente6bte Bank 1520IODE4
Cefrificate of E@sit-Northwgt Bank 66736A8V0
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cedlffcate of kmsiFFl6t Fredom Bank 120278AM9
Cefrlficate of DeFsit-Pacific Wstern Bank 69506YR8
Ceilffcate of kmsiFBank of 8arcda 06063HMS9
Ceftificate of De@sit-Tovoh Financial Sqs Bank 89235Mtr5 Ceilficate of k@sat4renstate Credlt Union 395731811
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cetificate of Dercst-Beal Bank USA 0737rCE88
cediflcate of DemsiFAustin Telco Fed Credit Union 052392813 cetificate of DeFsit{aoital one NA 14042RUJ8
cediffcate of mmsitsSvnchronv Bank 87164xR65
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Fed. Farm Credit Bank 3133Eu80
Fed. Home L@n Mtq Corp 3134GWCG9
Fed. Nafl MotqaOe Assc ll35GA2Z3
Fed. Farm Credlt Eank 3130A13S1
Fed. Farm credit Bank 31loAL6G4
Fed. Farm Credlt Eank 3130A16J8
Fed. Farm credit Bank 3130ALDNl
Fed. Farm Credlt &nk 3130ALHZ0
Fed. Farm credit Bank 3130At162
Fed. Farm Credlt Eank 3130A1M143
Fed. Farm Credit Bank 313041W67
Fed. Farm Credit &nk 3130 MW57
Fed. Farm credit Bank 3133EMH21
tu. Farm credit &nk 3133EM167
Fed. Farm Credit Bank 3133EMN99
Fed. Farm credit &nk 3133EMw3
Fed. Home Loan Bank 3I30AOWF6
Fed. Home Loan Eank 3130AQW8
Fed. Home Loan Bank 3130A0255
tu. Home Loan Bank 3130ARCV1
Fed. Home Loan Mtq Corp 31346XMX9
Fed. Home Loan Bank 3130ARGE5
Fed. Home Loan Mtq Corp 3134GXOP2
Fed. Home Loan Bank 3130A5320
Fed. Home L@n Bank 3134GXUM4
Fed. Home l"@n Eank 3130ASS57
Fed. Home L@n Bank 3130ASS91
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0.00 ATTACHMENT #1

Page 9 of 84 ends

NET CASH & INVESTMENT SUMMARY NOVEMBERaOZZ
November
2022UNRESTRICTED FUNDS

GENERAL FUND
101- GENERAL

TOTAL GENERAL FUND

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 . TMFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE "A"
209 - F.A.M.D. #1
210 - SCAQMD (VEHICLE REG.)
211 - AB 3229 COPS FUNDING
214 - GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MAINT
217 . GAS TPX,2LO7 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 LIGHNNG DISTRICT 2OOO-1
253- INDIAN WELLS VILLAS OPEMTIONS
254- MOUNTAIN VIEW VILLAS OPERATIONS
256- HOUSING AUTHORITY
271 - ELDORADO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 - CASA DORADO LLMD
274 -THE COVE LLMD
27s - SH lll/IWGR (ENTRANCE) LLMD
276 - CLUBIIW LANE 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
310 - PARK FACILITIES FEES
311 - TRANSPORTATION FACILITIES FEES
313 - RECREATION FACILITIES FEES
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
T:\Common\bank\Treasurer's Report\Cash1 0N ov 22-dqft
9 787 002.38
9,787,OO2.38
9,L60.67
18,694.90
116,854.63
L,777,752.54
t3,269.33
88,r29.76
17,382.89
Lr,393.22
9,184.60
L5,727.36
1,000.00
47,557.r8
3,940,4L4.88
399,046.84
215,501.59
14,630.15
1,330,554.81
2,075,29r.54
L2,236,705.57
57,528.L6
2,954.26
996.40
L,392.72
4,798.70
9,777.34
65,957.01
50,332.89
15,604.36
87,686.63
44,085.00
2L7,826.23
34,4L3.02
26,990.r0
59,172.08
L,965.44
78,706.38
555,949.58
November
2021
$ 4,751,008.85
4,751,008.85
8,550.24
15,745.74
t33,240.95
2,547,000.35
12,226.66
77,95r.5L
18,t72.59
r1,09L.42
8,564.86
10,605.13
1,843.83
275,828.46
3,473,32r.08
522,59L.38
260,284.88
t3,255.4L
1,388,769.81
2,166,09r.54
t4,626,067.92
55,824.51
820.r2
3,729.34
3,159.31
93,049.08
11,013.57
83,0L2.87
59,901.94
58,661.20
96,054.43
53,533.21
254,472.20
36,584.51
25,L76.52
64,460.53
717.67
77,055.40
59 786.02
27,t42,216.19

0.00 0.00

0.00 0.00
L7,426.00
2,008,302.58
r72,750.54

0.70 23,654,388.76
478.00
1,958.00
3,922.00
47,677.00
67,859.00
7,807,994.44
4Lr,60r.45

36.233.70
2,198,479.828,377,723.59
10:56 AM12l28l2O22Page 10 of 84

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

REPTACEMENT 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 - TRAFFIC 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 RENREMENT

TOTAL SUCCESSOR AGENCY FUNDS

ENTERPRTSE 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 VILI.AS
254 - MOUNTAIN VIEW VILI.AS
453 - UNION BANK OF CALIFORNIA TRUSTEE
460 - US BANK.INDIAN WELLS FINANCE AUTHORITY
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECTION 115 TRUST - PENSION
601 - PARS SECTION 115 TRUST. OPEB

TOTAL FISCAL AGENTS

TOTAL ALL FUNDS & FISCAL AGENTS

UNRESTRICTED FUNDS

RESTRICTED FUNDS
1,570,511.80
L,7L7,718.00
L,367,25L.07
690,432.00
567,375.00
518,147.00
18,840,062.00
118,879.00
L42,r29.00
November
2022
November
2021
r,743,602.80
L,792,873.00
L,427,07r.07
720,640.00
592,199.00
540,817.00
19,664,37r.00
124,081.00
0,00
25,632,504.87
544,757.56
774.00
1,6071531.55

17.03)
26,605,654.87
2,392,663.40

0.001
2,392,663.4O

0.00 (24O,9L7,O3)o.00
908,515.49 439.639.81
908,515.49
581 403.00
581,403.00
904,384.26
439,639.81
606.841.00
9O4,384.26
2t s36.88
515,111.83
r,047,284.09
LI.44
12,094,086.06
593,549.70
822,9t8.67
199.678.19
606,841.00
933 622.69
933,622.69
65,O7O,126.63
469,252.84
930,456.36
t7.69

0.00 r,478,978.43
946,983.77

0.00 L5272$3e.e8 3,825,689.O9
$ 86,485,176.86 $5.72
9,787,OO2,38
76$98,174.48
4,751,008.85
64,144$06.87
$ 68,895,815.72
T:\Common\bank\Treasurer's Report\Cashl 0N ov 22-dnfi
$76.86
1056 AM1Z2A|2O22Page 11 of 84

'./-, It 1..: --\
INDIAN'J),WELLS Cig of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
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
Cunent Year
Average Daily Balance
Effective of Return
The
Kevin
The Gity of lndian Wells
Porffolio Management
Portfolio Summary
November 30,2022
Par Market
1,486,052.49
13,432,864.63
710,669.80
6,500,753.26
9,176,340.00
38,030,239.00
740,333.00
Book
Value
1,493,000.00
13,432,864.63
710,669.80
6,982,000.00
10,050,034.74
41,700,508.1 9
802,246.98
oh of
Portfolio
Days to
Maturity
YTM
350 Equiv.

YTM
365 Equiv.Value Term
1,493,000.00
13,432,864.63
710,669.80
6,982,000.00
10,000,000.00
41,700,000.00
800,000.00
75,118,534.43 7O,O77,252.18 75,',171,324.34 100.00% 1,325 't.563 1.585 November 30 ilonth Ending
96,210.87
75,407,424.20

1.5*/o
cash flow ftom revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked-to-Market" on a monthly basis.

Reporting period 1 I l0'l 12022-1'l 13012022 Portfolio CITY AP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1

1.99 17.47

0.95 9.29
't3.37

55.47 '1.o7
1,826
1 1
'I,766
1,456
1,649
1,449
125
1 1
935
851
1,145
745

2.844

1.980
o.824

1.684

1.695

1.361

0.653

2.884

2.O07

0.835

1.707

1.719

1.380

0.662
846
Ruo Da!€: 1212nO22 - 21'.43 No fiscal year history available

Page 12 of 84 ends

The City of lndian Wells
Portfolio Management
Portfolio Details - Investments
November 30,2022
Page I
YTlrt Days to Maturity
Fitch 360 Maturitv D.la
Stated
BookValue R'te
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
t,493,000.00
13,432,864.63

0.00 13,432,864.63
01748D843
17312QH69
321 1 0YLK9
38148PG43
61747MF63
795450N84
CUSIP lnvestment #
Bank Certificates of Deposit
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
460
463
473
464
457
465
Average
1,493,000.00
13,9/14,531.30
434,227.79
Purchase
Date
0207t2018
o3t2912014
07t20t2018
04t25t2018
01t11t2018
04t2512018
071o112020
oa13112021
oaBo2022
o8t30t2022
071o112020
0710112020
Par Value
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
1,493,000.00
13,432,864.63

0.00 t3,€2,864.63
Market Value
244,434.05
?48,882.50
245,713.44
24A,642.50
249,687.50
248,692.50
1,486,052.49
13,432,864.63

0.00 13,432,854.63

2.600

2.850

3.1 50

3.000

2.650

3.050
68 118
231
145
4'l
145

2.564

2.8't'l

3.107

2.959

2.614

3.008
o.247

0.000

1.844

0.000

3.482

3.570

0.000

0.197

0.000
0_000
o2to7t2023
0312912023
07t20t2023
0412512023
01t11t2023
04n5t2023
0312812025
0912112027
07t22t2025
0712612024
02117no27
0217t2027
o3t31t2025
o6n612024
09t21t2027
04t3012025
Managed Pool Accounts - LAIF
SYS21
SYS23
21 23

2.007

0.233

1.980
o.230

2.844 125

1.980Subtotal and Average
Money Market Sweep/Checking Account
SYSl
SY56
SYST
SYSs
SYSlO
SYS9
sYs2
sYs3
SY54
sYsl9
SYS5
545,419.64

0.00 10,001.33

0.00 18,449.59
'to1,275.15

0.00 0.00
33,524.09
2,000.00

0.00 545,419.64

0.00 10,001.33

0.00 18,449.59
101,275.15

0.00 0.00
33,524.09
2,000.00

0.00 545,419.64

0.00 10,001.33

0.00 18,449.59
101,275.',ts

0.00 0.00
33,524.09
2,000.00

0.00 71 0,669.80
250,000.00
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
247,000.00
250,000.00
248,000.00

0.250

1.870

3.530

3.620
1 6
7 8
10 I
2 3
4 19
5 515
574
525
501
561
562
512
499
573
518
Pacific Western Bank
Pacific Westem Bank-Ambulance
Pacifi c Western-PublicFundsM MA
US Bank Money Market
US Bank Money Market-4591
US Bank Money Market-4590
Pacific Western - Acct Payable
Pacifi c \ /estern-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average
07to1t2020
07to|t2020
Negotiable CD's
0200808X4
0523928T3
06063HMS9
06652CH42
073714YE7
07371 CE88
05580AVX9
14042T4Y3
14042RUJ8
15201QDE4
Alma Bank
Austin Telco Fed Credit Union
Bank of Baroda
Bankwest lnc.

Beal Bank - Plano TX
Beal Bank USA

BMW BANK NORTH AMERICA
Capital One Bank USA NA
Capital One NA
Centerstate Bank NA
0313112020
o9P1nO22
0712i,2020
07t2612019
02t23t2022
0212312022
0313112020
07t18t2019
0912112022
04t30t2020
710,669.80
250,000.00
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
247,OOO.00
250,000.00
248,000.00
710,669.80
230,732.50
238,340.00
223,285.77
237,615.72
221,992.50
221,992.50
231,650.00
237,495.44
239,490.00
227 ,517.68

0.200

1.400

3.800

0.700

2.000

1.900

1.550

2.300

3.900

1.250

0.824

1.380

3.748

0.690

1.973

1.874

1.529

0.000

1.233
I
848
1,755
964
603
1,539
1,539
851
573
1,755
881
Portfolio Clry
AP
PM (PRF_PM2) 7.3.0RunDate: MA2022-21:43
Report Ver. 7.3.6.1

Page 13 of 84 ends

The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
November 30,2022
Purchase
Date
Stated
Book Value Rate Fitch

Page 2 ends

YTM Days to Maturiv
360 Maturitv DaiePar Value Market ValueCUSIPlnvestment # Negotiable CD's
200334M86
254673U18
29260M8E4
3202784M9
321 1 2UDR9
39573LBLl
5380361D4
64034KAG6
654062Jz,2
66736A8V0
69506YR15
70962LASl
7496224L0
856285TF8
871 64XR65
89235MKY6
90348JFF2
94949sAQ8
Medium Term Corporate Notes
06048WM31
06048\ /I\472
06406RAN7
17330PJ83
48128G2Q2
46632FRUl
6122854E6
9500't D6u9
lssuer
Comenity Capital Bank
Discover Bank

ENCORE BANK
First Freedom Bank
First Natl Bank of Mccregor TX
Greenstate Credit Union
Live Oak Banking Company
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
Synchrony Bank
Toyota Financial Sgs Bk
UBS Bank USA
Wells Fargo Nafl Bk West
Subtotal and Average
Bank of America MTN A
Bank of America MTN A
Bank of New York Mellon Corp
Citigroup
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig AA
Wells Fargo & Company
Subtotal and Average
484
480
520
521
517
s50
514
558
513
519
522
557
498
516
575
548
483
507
549
556
524
570
538
533
526
523
Aver?ge
Fl.l.h.r
6,982,000.00
10,050,847.16
10t3012018
1UO3a018
04t30t2020
04t3012020
0412812020
06t16t2021
03t31t2020
02t02t2022
o3l3'112020
0413012020
0413012020
091291202'l
06t24t2019
0412912020
09t23t2022
0412212021
10t30t2018
01t28n020
o5l2al202',l
07t30t2021
ost14t2020
07t29t2022
02t2612021
0'U22t2021
07t17t2020
0413012020
07t29n020
0611712021
06t222021
06t30t2021
0712812021
0?i17t2021
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
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
250,000.00
249,000.00
247,050.00
247,067.50
236,400.60
236,231.28
228,873.33
217,727 .50
230,652.50
218,587.50
230,652.50
227,979.42
227,517.68
214,613.10
242,989.14
229,494.24
240,007.50
219,190.00
247,195.00
248,4't2.36
6,500,753.26
865,220.00
858,510.00
928,520.00
1,986,400.00
867,230.00
't,747,120.OO
939,170.00
984,170.00
9,176,3.O.00
1,806,360.00
1,777,460.OO
1,770,080.00
1,818,540.00
2,654,430.00
887.560.00
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
249,000.00
248,000.00
249,000.00
249,000.00
248,000.00
250,000.00
250,000.00
250,000.00
249,000.00
6,9E2,000.00
1,000,000.00
1,000,000.00
1,009,129.38
2,000,000.00
1,000,000.00
2,000,000.00
1,040,905.36
1,000,000.00
10,050,034.74
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1013012023
10t03t2023
0413012024
0413012024
04t28t2025
06l't612026
03t31t2025
0210212027
03131n025
04t30t2025
04t30t2025
09t29t2026
12t26t2023
0412912025
09t2312027
04t22t2026
'1ot27t2023
oll't712023
o5t2ano26
07t30t2026
0412412025
07t2912023
o2n6t2026
0112212026
0610112025
04t30t2023
0712912025
06t15t2026
06t22t2026
06t30t2025
0712812026
021712026
6,982,000.00
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
10,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00

3.450

3.300

1.150

1.100

1.350

0.900

1.400

1.500

1.400

1.200

1.250

0.900

2.500

1.600

3.950

0.900

3.500

1.900

1.250

1.200

1.600

3.800

0.800

0.700

2.503

2.',t50

0.580

0.900

0.800
o.740

0.870

0.625

3.403

3.255

1.135

1.086

1.332

0.888

1.382

1.479

1.382

1.184

1.233

0.888

2.468

1.578

3.896

0.888

3.454

1.875

1.233

1.'t84

1.190

3.720

0.789

0.690

0.8'19

2.959
333
306
516
516
879
1,293
851
1,524
851
881
881
1,398
390
880
1,757
1,238
330
47 1,274
1,337
875
240
'1,183
1,148
913
'150
97',|
1,292
1,299
942
1,335
1,174

1.684 935

1.695 851
Federal Agency lssues - Callables
31 33ELZ80
3133EMH21
31 33EML67
31 33EMN99
3133EMW3
31 30AL3Sl
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Home Loan Bank
529
552
553
554
555
534

0.572

0.888

0.789

0.730

0.858

0.616
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 1 21 1 2nO22 - 21 : 43

Page 14 of 84 ends

Average
R.l.n.a
41,700,516.67
802,301.29
75,&7,424.20
Purchase
Date
02t25t2021
02t24t2021
$n6n021
03t18t2021
0312412021
03t30t2021
04t2212021
06ROt2021
o212512022
02124t2022
03t1012022
0312812022
04t21t2022
05t26t2022
08t16t2022
08t10t2022
07t30t2020
o3t2512022
04l2ano22
o6to712022
oan412020
11t'.t712020
MarketValue
Stated
BookValue Raie
YTM Daysto
360 Maturitv

Page 3 ends

Maturity
Date
02t25n026
02t24t2026
o311612026
06t18t2025
03t24t2026
03t30n026
04t2212026
0613012026
02t25t2027
o2t2412027
03t10t2027
03128no24
04t21t2027
1112612024
08t't6t2027
oa|1012027
0413012025
o3t25t2025
04t2812025
06t07t2024
08t14t2025
11t17t2025
The City of lndian Wells
Portfolio Management
Portfolio Details - Investments
November 30,2022
CUSIP lnvestment #
Federal Agency lssues - Callables
31 30AL6G4
31 30AL6J8
31 3OALDN 1
31 30ALHZ0
31 30ALJ62
313OALMM3
313041\ /67
31304MW57
3130AOVVF6
313OAQWJ8
31304Q255
313oARCV1
313OARGE5
31 30AS3Z0
31 30AS567
3130AS591
3134G\ /CGg
3134GXMX9
3134GXOP2
3134GXUM4
3136G4C43
313sGA2Z3
Miscellaneous Securities - Coupon
lsauer
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. Natl Mortgage Assoc
Fed. Nafl Mortgage Assoc
Subtotal and Average
Total and Average
Subtotal and Average
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
Par Value Fitch
535
536
539
54'l
542
544
546
551
559
560
563
565
566
568
571
572
530
564
567
569
527
532
537
531
25565't KY6
63877NMM6
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
886,240.00
1,774,120.OO
1 ,781,440.00
904,070.00
892,390.00
1,791 ,440.00
897,160.00
1,783,500.00
91 3,880.00
91 0,580.00
924,820.00
1,925,940.00
938,420.00
1,644,699.00
989,160.00
962,720.00
910,970.00
949,630.00
961,390.00
976,960.00
1,807,440.00
1,788,840.00
1,000,000.00
2,000,000.00
2,000,000.00
't,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,508.19
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00

0.600
0_625

0.800

0.530

0.87s

1.000

1.100

0.650

2.150

2.050

2.500

1.500

3.000

4.500

4.000

0.650

2.200

3.030

3.050

0.650

0.560

0.592

0.616

0.789

0.523

0.863

0.986

1.085

0.967

2.121

2.O22

2.466

1.846

2.959

4.438

3.945
o.621

2.170

2.988

3.008

0.641

0.552
1,182
1,181
1,201
930
1,209
1,215
1,238
1,307
1,547
1,546
1,560
483
1,602
726
1,719
1,713
881
845
879
554
987
1,O82
o211812021
1010112020
41,700,000.00
500,000.00
300,000.00
800,000.00
75,118,534.43
38,030,239.00
466,880.00
273,453.00
740,333.00
70,o77,252.18
4t,700,508.19
502,246.98
300,000.00
802,246.98
75,171,324.U

0.395

1.085
609 0alul2024
974 08t0'U2025

1.351 1,145

0.653 745

1.563 846

0.672

1.100
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 1211?y'2022 - 21:43

Page 15 of 84 ends

INDIAN WELLS 2O1 4, 201 5, 2016, 2020 Series
Portfolio Management
Portfolio Summary
November 30,2022
Market
Value
City of lndian Wells
zt4-950 Eldorado Drive
lndian Wells C492210
(760)346-2489d,a,Lti0tl.N ip,
lnvestments
Money Market Sweep/Checking Account
lnvestmentrs
Total Earnings
Per Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 144
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Value
3,715.29
3,715.29
November 30 Month Ending
3,715.29
3,715.29
Book %ot
PortfolioValue
3,715.29 100.00
3,715.29 100.00%
Term
'l
Current Year
Average Daily Balance
of Return
Reporting period 1 1 /01 /2022-1 I 13012022

0.00 3,706.55

0.00%
Run Dale: 12nSnO22 - 21:37 No fiscal year history available

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CUSIP lnvestment #
Money Market Sweep/Checking Account
SYS28
SYS26
SYS25
sYs27
SYS24
Subtotal and Average
Total and Average
28 26
25 27
1 lssuer
20144 Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
3,706.55
3,705.55
07t01t2020
0710112020
071o112020
071o112020
07luno2o
Par Value

0.00 152.72

24.59 3,537.98

0.00 3,715.29
3,715.29
Market Value

0.00 152.72

24.59 3,537.98

0.00 3,715.29
3,715.29
201 4, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
November 30,2022
Purchase
Date

Page 1 ends

YTM Days to Maturity

0.000

0.000
Portfolio 144
CP
PM (PRF_PM2) 7.3.0
Stated
BookValue o-.a Fif^h

0.00 152.72

24.59 3,537.98

0.00 3,715.29
3,715.29
Run O^e: 12125DO22. - 21:37
Report Ver. 7.3.6.1

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INDIAN , WELLS 2015 A Bonds
Portfolio Management
Portfolio Summary
November 30,2022
Market
Value

1.00 ,l.00
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earninos
Value

1.00 1.00
November 30 Month Ending
Par Book
Value
%ol
Portfolio
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 15A
CP
Pril (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Term

1.00 100.00

1.00 100.00%1
Current Year
Average Balance
of Return
Kevin Agency
Reporting period 1 1 101 12022-1'1 13012022

0.00 1.00

0.00%
Run Dde. 12f2512O2. - 21:39 No fiscal year history available

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2015 A Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2022
Purchase
Date Par Value
Stated
BookValue R2ra

Page 1 ends

YTM Days to Maturity
Fitch 365 Maturitv l'!.lc

0.000

0.000
Portfolio 15A
CP
PM (PRF PM2) 7,3.0
CUSIP lnvestment #lssuer
Money illarket Sweep/Checking Account
SYS27 27 2015 A Reserve
SYS22 22 UBC CostOflssuance Escrow
Subtotal and Average
Total and Average
Average
R.l'h.a
.r.00

1.00 0813112021
07to1t2020

1.00 0.00

1.00 1.00

1.00 0.00
Market Value

1.00 0.00

1.00 1.00

1.00 1.00
Run Dale: 12n5ao22 - 21'.39
Report Ver. 7.3.6.1

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INDIAN WELLS 2016 A Bonds
Portfolio Management
Portfolio Summary
November 30,2022
Market
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-248sCALIFOI(NI,4
lnvestments
Money Market Sweep/Checking Account
lnvestments

1.00 1.00
November 30 Month Ending
1 .00 100.00

1.00 100.00%

1.00 1.00
Par Book
Vrllre
%of
Parffolia Telm
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 16A
CP
PM (PRF-PMl) 7.3.0
Report Ver. 7.3.6. 1
1 Total Earninqs
Current Year
Average
Effective Return
Kevin
Reporting period'l {/0{/2022-11 /l3U2022

0.00 1.00

0.00%
Rrn Date: 12125DO2. - 21:44 No fiscal year history available

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CUSIP lnvestment #lssuer
Money illarket Sweep/Checking Account
SYS28 1 UBC Cost Of lssuanc€ Escrow
SYS33 2 Union Bank ReserveAccount
Subtotal and Average
Total and Average
2016 A Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2022
Purchase
Date Par Value

1.00 1.00
Page t
Average
Balancc

1.00 1.00
Market Value

1.00 1.00
Stated
BookValue Rate

1.00 1.00
Fitch
YTM Daysto
365 Maturitv

0.000

0.000
Maturity
Date
Portfolio 164
CP
PM (PRF_PM2) 7.3.0
07t01t2020
07101t2020

0.00 1.00

0.000

0.000
Run Date. 12n5 12022. - 21 : 44
Report Ver. 7.3.6.1

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INDIAN ]'WELLS 2020 A Bonds
Portfolio Management
Portfolio Summary
November 30,2022
City of lndian Wells
214-950 Eldorado Drive
lndian Wells C492210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Par Book
Value
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
Value

1.00 1.00
November 30 Month Ending
Market
Value

1.00 1.00
%ol
Pol'ffolio
1 .00 100.00
r.00 100.00%
Telm 365 Equiv.

0.000

0.000
Portfolio 20A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Current Year
Average Balance
of Return
Kevin
Reporting period 1 l/01 /2022-11 13012022

0.00 1.00

0.00%
Run Dale: 12DSDO2. - 21:50 No fiscal year history available

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2020 A Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2022
Purchase
Date
Stated
BookValue R.ra

1.00 1.00

Page 1 ends

YTM Days to Maturity
Fitch 365 Maturitv n*o

0.000

0.000
Portfolio 20A
CP
PM (PRF_PM2) 7.3.0
CUSIP lnvestment *lssuer
Money lllarket Sweep/Checking Account
SYS1 1 2020 A Bonds COI
SYS2 2 2020A Bonds Reserve
Subtotal and Average
Total and Average
Average
Fl.l.h.o
L00

1.00 oTto'1t2020
oTlo'lno20

0.00 1.00
Par Value

1.00 1.00
Market Value

1.00 1.00

0.00 1.00

0.000

0.000
Run Dal,e: 12D512022 - 21:50
Report Ver. 7.3.6.1

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INDIAN \WELLS 2022 Bonds
Portfolio Management
Portfolio Summary
November 30,2022
C,A.I"IFORNIA
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
Par Market
Value
Book
Value
%ol
Portfolio
Days to
Maturity 360 Equiv.365 Equiv.lnvestments Tem
Money Market Sweep/Checking Account
lnvestments
11,146,574.57
11,146,574.57
November 30 Month Ending

0.00 11,6,14,386.29

0.00%
11,146,574.57
11,146,574.57
11,146,574.57 100.00
11,'146,574.57 100.00%1

0.000

0.000
Portfolio 22
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Total Earnings
Current Year
Average Balance
Return
Kevin
Reporting period 1 1/01 r2022-1'1 13012022
Run Date: 122sf2o22 - 2'l:25 No fiscal year history available

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2022 Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2022
Purchase
Date Par Valuelssuer
2022 Bonds COI
2022 Bonds Project Fund
2022 Bonds Payment Fund
Stated
BookValue Rare

Page 1 ends

YTM Days to Maturity
Fitch 365 Maturitv D*aCUSIPlnvestment #
Money Market Sweep/Checking Account
SYS2
SYSl
SYS3
Subtotal and Average
Total and Average
2 1
3 Average
Balance
11,644,386.29
1l,6114,386.29
0?,10t2022
0211012022
0912112022

0.00 11,146,300.46
274.11
11,1$,574.57
11,146,574.57
Market Value

0.00 1 1,146,300.46
274.11
11,146,574.57
1 1,146,574.57

0.00 11,146,300.46
274.11
11,14I',574.57
11,146,574.57

0.000

0.000
Portfolio 22
CP
PM (PRF_PM2) 7.3.0Run Date: 12nil202. - 21:25
Report Ver. 7.3.6.1

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: October 6, 2022, City Council Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the October 6, 2022, City Council Meeting Minutes.

ATTACHMENTS:

1. October 6, 2022, Unofficial Minutes

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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

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,

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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

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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

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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

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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

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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

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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:

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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

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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:

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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.

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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.

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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

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: October 14, 2022, Special Council Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the October 14, 2022, Special Council Meeting Minutes.

ATTACHMENTS:

1. October 14, 2022, Unofficial Minutes

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1 SPECIAL CITY COUNCIL MEETING MINUTES
Friday, October 14, 2022
2:30 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 2:30 p.m. on October 14, 2022.

B.APPROVAL OF THE FINAL AGENDA
A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Agenda as Submitted. The following vote carried:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0
C.PUBLIC COMMENTS
No public comments.

D.CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported the 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.

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2 E. GENERAL BUSINESS
E.1 Sponsorship Request for City of Indian Wells as an Official Partner City for Acrisure Arena
Mr. Kevin Driscoll, resident, spoke in support of the sponsorship request. Mr.

Bruce Whitman, resident, spoke in support of the partnership and suggested the City negotiate towards a benefit that would generate hotel transient occupancy tax.

The Council spoke in support of partnering with Acrisure Arena and thanked City staff and the Council Ad Hoc Committee for negotiating the sponsorship. Mayor Reed stated his previous concerns were addressed and spoke in support of the sponsorship.

It was determined to APPROVE the Official Acrisure Arena Partner City sponsorship request for $150,000 and if Council desires;

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

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

A motion was made by Mayor Pro Tem Griffith, seconded by Council Member Bernheimer to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders

NOES: 0

F. ADJOURNMENT
At 3:08 p.m., Mayor Reed ADJOURNED the Special Council Meeting to a regularly scheduled meeting of the City Council at 1:30 p.m. on November 3, 2022, in the City Hall Council Chamber.

_________________________
Angelica Avila, CMC
City Clerk

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: November 28, 2022, Special Closed-Session Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the November 28, 2022, Special Closed-Session Meeting Minutes.

ATTACHMENTS:

1. November 28, 2022, Unofficial Minutes

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1 SPECIAL CITY COUNCIL MEETING MINUTES
Monday, November 28, 2022
12:30 PM
City Hall, Executive Conference Room
44950 Eldorado Drive, Indian Wells, CA 92210

B.APPROVAL OF THE FINAL AGENDA
It was the CONSENSUS of the City Council to Approve the Agenda as Submitted.

C.PUBLIC COMMENTS
No public comments.

D.CLOSED SESSION
Mayor Reed recessed the City Council to a Closed Session to discuss the following items listed on the posted agenda.

D.1 Conference with City's Real Property Negotiator Pursuant to Government Code 54956.8
City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.

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2 E.ADJOURNMENT
At 12:58 p.m., Mayor Reed ADJOURNED the City Council to a Special Council Meeting to be held at 1:30 p.m. on November 28, 2022, in the City Hall Council Chamber. _________________________
Angelica Avila, CMC
City Clerk

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: November 28, 2022, Special Council Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the November 28, 2022, Special Council Meeting Minutes.

ATTACHMENTS:

1. November 28, 2022, Unofficial Minutes

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1 SPECIAL CITY COUNCIL MEETING MINUTES
Monday, November 28, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210

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.

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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

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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

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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:

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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,

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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

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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:

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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:

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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

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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

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Annual Review of FPPC Gift Restrictions, City Ticket Distribution Policy, and City Campaign
Contribution Reporting Requirement

RECOMMENDED ACTION:

Council RECEIVES and FILES information report.

BACKGROUND:

Resolution No. 2022-36 requires the Council to conduct a review of applicable law and City policies pertaining to (a) the acceptance of gifts and (b) the City’s acceptance and distribution of tickets to sports, entertainment, charity, and similar events at the first meeting following the annual Council reorganization. This year’s report also discusses recent changes in campaign-related disclosures.

Copies of the relevant policies are attached.

Revision to FPPC Limitations on Gifts, Honoraria

Gifts. The Political Reform Act prohibits local officials and employees who file Statements of Economic Interests (Form 700s) from receiving a gift or gifts totaling more than a certain amount in a calendar year from certain sources. Sources that must be reported on the Form 700 subject to the limit; gifts from family members are not. The statutory limit for 2021–2022 was $520. The limit is adjusted for inflation every odd-numbered year, so it will increase now in 2023.

Honoraria. An honorarium is a payment received for making a speech, publishing an article, or attending any public or private conference, convention, meeting, social event, meal, or similar gathering. Local elected officers and candidates for those offices and all officials holding positions listed in Government Code Section 87200 are prohibited from receiving honoraria payments.

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Likewise, an employee designated under an agency's conflict of interest code is prohibited from receiving honoraria payments from any source of gifts or income the employee is required to report on his or her Statement of Economic Interests (Form 700).

Some limited exceptions apply, such as income earned from a bona fide business or profession.

Since 2021, the California Legislature has imposed a default contribution-limit for elected city offices. The default amount is set at $4,700 per contributor, per election year. Cities may impose their own contribution limits in a different amount for elected city offices and administer and enforce those limits.

The City’s contribution-limit defaulted to the state contribution-limit on Jan 1, 2021 and will remain in place unless the Council directs Staff to bring back an ordinance for adoption by the Council, adopting a different contribution limit.

The City Attorney and Staff are available to answer questions from Council as to the applicability or interpretation of the law or policy.

City Ticket Policy: Recently Updated in September 2022

At its September 15 meeting, the City Council amended the City’s ticket-distribution policy to comply with changes to FPPC regulation 18944.1. No further changes are needed at this time.

Notably, state regulations clarify that City officials may not make “disproportionate use” of City-controlled tickets. City officials may not sell or otherwise transfer the tickets to others and may only use the tickets for themselves and their immediate family (spouse or significant other, dependent children) or one guest.

City Campaign Contribution Reporting

The City has long required Councilmembers to report campaign contributions from donors who have an interest in items before the Council. Now state law requires reporting and recusal in some cases. (See Reso. No. 2022-36, sec. (K)(2); see also Council Policy Manuals prior to 2022.)

Senate Bill 1439 (2022) took effect on January 1, thereby extending California’s Levine Act’s conflict and recusal rules to members of the Council. As a result, a Councilmember must recuse herself or himself from any proceeding that involves someone who donated $250 or more to the Councilmember’s campaign at any time during the 12 months before the proceeding. The FPPC has since clarified that campaign contributions that are

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received in 2022 are not subject to SB 1439 because the contributions were made before the new law took effect.

To comply with SB 1439, please track all contributions to your campaigns after January 1, keep a list of donors, check your list against the potential stakeholders with an interest in items that come before the Council on future agendas, and be prepared to announce that you received a contribution of $250 or more from that party or participant (if you did) and to recuse yourself in accordance with state law. Please also stay aware of which parties or participants have items pending before the Council (or who did, within the last three months) and be prepared to reject or return any campaign contribution in excess of the statutory limit.

The City’s own campaign-contribution reporting requirements remain unchanged. (See Reso. No. 2022-36, sec. (K)(2) [“All all meetings, each Council Member shall report any campaign contribution that the Council Member received from a person who is directly involved in an item on the agenda.”].) Please note that this reporting-only policy applies regardless of amount or timing of donation.

If you have questions the City Attorney and staff can assist you.

ATTACHMENTS:

1. Reso. No. 2022-36

2. FPPC – Local Gift Fact Sheet

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RESOTUTTON NO.2022-36
A RESOLUTTON OF THE CrTY COUNCTL OF THE CrTY OF INDTAN WELIS,

CALIFORNIA ADOPTING AN AMENDED TICKET DISTRIBUTION POLICY TO CONFORM WrrH SECTTON L8944..1OF TITLE 2, CALTFORNTA CODE oF REGULATIONS, AS AMENDED BY THE FAIR POtrrICAt PRACTICES

COMMISSION
WHEREAS, the Fair Political Practices Commission C'FPPC') has adopted Section I8944.I, Title 2, California Code of Regulations f'Regulation I8944.I') to regulate the distribution and disclosure by public agencies of ceftain tickets and passes to public officials and employees; and
WHEREAS, Regulation t8944.L provides that a ticket or pass distributed pursuant to an adopted policy and properly disclosed by the agency is not a gift to the public official and does not trigger a disclosure requirement on the official's Statement of Economic Interests, Form 700; and
WHEREAS, the City Council of the City of Indian Wells (the "City') adopted a ticket distribution policy entitled, "Distribution of City-Controlled Tickets to City Officials" (City Council Policy Manual Chapter 2,10) f'PolicyJ, pursuant to Regulation I8944.L to provide for the distribution of such tickets or passes; and
WHEREAS, since that time, the FPPC amended Regulation L8944.L in order to clarifli the valuation of tickets and passes, and other policy requirements; and WHEREAS, the distribution to and use of such tickets and passes by officials frequently serve legitimate governmental and/or public purposes; and WHEREAS, from time to time, the City may receive complimentary or discounted tickets or passes from third party sources, both public and private, for distribution to City officials; and WHEREA+ based on such practice and amended Regulation 18944.1, the City desires to update its Poliry regarding the distribution of tickets and/or passes; and WHEREAS, the proposed updated Policy incorporates the revisions to Regulation L8944.L made by the FPPC since the adoption of the Poliry to ensure that the Policy establishes a fair and equitable process for the distribution to City officials of such tickets and passes by the City, in compliance with the requirements of FPPC Regulations.

NOW THEREFORE, BE IT RESOIVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL AS FOTLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The City Council of the City of Indian Wells hereby approves and adopts the City's amended Distribution of City-Controlled Tickets to City Officials Poliry updated in accordance with FPPC Regulation L8944.t, and attached hereto as Exhibit "A." RVPUB\PKNOX\757753.1
ATTACHMENT #1

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City of Indian Wells
Resolution No, 2022-36
Page2
Section 3, The City Manager is directed to implement this Policy.

Section 4, The Resolution shall take effect immediately upon adoption.

Section 5. All previous ticket distribution policies adopted by the City under Regulation L8944.I are hereby repealed.

Section 5. The City Clerk shall ceftiff the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California at a regular meeting held on the 15th day of September 2022. e-qfi$gtr=o by Dana Reed
on a43Ps -16 1 4:47 :56 PDr

DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022.36
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 15th day of September 2022, by the following vote:

AYES:

NOES:

ATTEST:

Balocco, Bernheimer, Griffith, Reed, Sanders
None
APPROVED AS TO FORM:

E-slffi@
on bozz-ffi-bild
by Angelica Avila
16 15:09:52 PDT
E-sld(mE bv Todd Leishman
o"ffis-io ts'o+,oo PDr

ANGELICA AVITA

CITY CLERK

TODD TEISHMAN

CITY ATTORNEY

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City of Indian Wells
Resolution No. 2022-36

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Exhibit"A"

CITY OF INDIAN WELIS
DISTRIBUTION OF CITY.CONTROTLED TICKETS POLICY
(following this page)

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City of Indian Wells
Resolution No. 2022-36

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CITY OF INDIAN WELLS

DISTRIBUTION OF CITY-CONTROLLED TICKETS POLICY
A.PURPOSE AND APPLICATION OF POLICY.

The purpose of this Policy is to ensure that all Tickets distributed by the City are issued in furtherance of a valid governmental and/or public purpose of the City as required under Fair Political Practices Commission (“FPPC”) Regulation 18944.1. This Policy applies to Tickets which provide admission to an Event. This Policy shall be applicable to every officer, agent and employee of the City who is obligated to file an Annual Statement of Economic Interests (FPPC Form 700) under state law or the City’s current Conflict of Interest Code.

This Policy only applies to the benefits the City Official receives by the admission and are not applicable to any other item of value provided. This Policy does not generally apply to political or nonprofit fundraisers which are governed under a separate FPPC Regulation. This Policy also does not apply to Tickets provided directly to or earmarked for the City Official or a certain class of City Officials.

B.DEFINITIONS.

Unless otherwise expressly provided herein, words and terms used in this Policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may be amended from time to time) and the FPPC regulations (Title 2, Division 6 of the California Code of Regulations, section 18110 et seq., as the same may be amended from time to time).
“City” shall mean and refer to the City of Indian Wells and any other affiliated agency created or activated by the Indian Wells City Council.
“City Official” shall mean and refer to every member, elected officer, appointed officer, employee, or consultant of the City, as that term is defined by Government Code Section 82048 and FPPC Regulation 18701. This term shall include, without limitation, any City board, commission or committee member or other appointed official or employee required to file an annual Statement of Economic Interests (FPPC Form 700). For the purposes of this Policy, this term shall also include a spouse serving a public purpose by accompanying a City Official to an Event and thereby serving as an ambassador of the City. “Event” shall mean an event, show or performance for entertainment, amusement, recreational or similar purpose for which a Ticket is required to gain admission. “FPPC” shall mean and refer to the California Fair Political Practices Commission. “Immediate Family” shall mean and refer to spouse and dependent children as defined in Government Code section 82029.
“Policy” shall mean and refer to this “Ticket Distribution Policy.”

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“Spouse” shall mean a husband or wife, domestic partner, similar significant other or any person with whom a Councilmember is in a bona fide dating relationship, as that term is used in FPPC Regulation 18942(18)(A).
“Ticket” shall mean and refer to a “ticket and/or pass” to an Event. “Ticket Administrator” shall mean and refer to the City Manager or his/her designee.” C.GENERAL PROVISIONS.
1)No Right to Tickets: The use of a Ticket is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended. 2)Limitation on Transfer of Tickets: Tickets distributed to City Officials pursuant to this Policy shall not be transferred to any other person, except to members of such City Official’s immediate family or no more than one guest solely for their attendance at the event. Under no circumstances may either the City Official or a member of his or her immediate family sell or further transfer any Ticket provided under this Policy. 3)Return of Tickets or Reimbursement of City: Any City Official may return any Ticket unused to the City for redistribution pursuant to this Policy. In addition, a Ticket is not subject to the provisions of this Policy and is not a gift for the purposes of the FPPC Regulations, if the City Official reimburses the City for the ticket within 30 days of receipt.
4)Prohibition Against Sale of or Receiving Reimbursement for Tickets: No individual who receives a Ticket pursuant to this Policy shall sell or receive reimbursement for the value of the Ticket. 5)No Earmarking of Ticket Given to City: No Ticket gratuitously provided to the City by an outside source and distributed by the City to, or at the behest of, a City Official pursuant to this Policy shall be earmarked by the original source for use by a particular City Official or a specific class of City Officials.
6)Limitation on Use: Any ticket or pass is deemed to serve a public purpose if distributed to a City Official, other than an elected official, for the City Official’s personal use in order to support general employee morale, to encourage retention, or to reward public service, if the ticket or pass is acquired by the City: (i) pursuant to a contract to use public property, (ii) because the City controls the event, or (iii) by purchase at fair market value. For purposes of this paragraph, "personal use" means use by the City Official, his or her family, or no more than one guest.

Nothing in this section limits the receipt, distribution, and behest of tickets or passes by elected officials for any of the other public purposes.
7)Disproportionate Use of Tickets: A disproportionate use of Tickets by members of the City Council, political appointee, department heads, or City Manager is prohibited. 8)Valuation of Tickets: The value of any Ticket shall be the fair value of the Ticket. The “fair value” is the face value of the Ticket, or the price at which the Ticket would otherwise be offered for sale to the general public by the operator or host. Where the Ticket does not reflect

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the actual cost for a Ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of Tickets available for that box or suite.

D. TICKET ADMINISTRATOR.

1) Designation of Ticket Administrator: The City Manager or his/her designee shall be the “Ticket Administrator” for purposes of implementing the provisions of this Policy.

2) Authority: The Ticket Administrator has the sole authority, in his or her discretion, to establish procedures for the distribution of Tickets supplemental to and in accordance with this Policy. All requests for tickets from City Officials which fall within the scope of the Policy shall be made in accordance with the procedures established by the Ticket Administrator.

3) Implementation of Policy: The Ticket Administrator or his or her designee is hereby designated as having primary responsibility for distributing Tickets in his or her discretion to a reasonable number of City Officials in a manner that will best serve the City’s interests and to persons whose attendance at a particular Event serves a specific governmental or public purpose.

4) Revoking/Suspending Ticket Privileges: The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of Tickets in accordance with this Policy.

5) Attendance: If available, the Ticket Administrator shall attend all events to which the City obtains control of Tickets as the City’s primary staff representative.

E. OFFICIAL DUTIES AND CEREMONIAL ROLES.

Tickets provided to City Officials as part of their official duties, or Tickets provided so that the City Official can perform a Ceremonial Role must be reported on FPPC Form 802.

F. SPECIFIC GOVERNMENTAL OR PUBLIC PURPOSE FOR TICKET DISTRIBUTION.

The City Council has determined that there are certain times where a City Official’s attendance serves a valid public purpose which benefits the City. The following is a list of the type of reasons which meet this requirement. The list is intended to be illustrative rather than exhaustive. The City may provide Tickets to or at the behest of a City Official for Events which serve any of the following public or governmental purposes:

1) Promote, evaluate, and provide management and/or official oversight of City-controlled, sponsored or supported events, activities, or community programs at City venues, including but not limited to evaluation of the venue, quality of performance and compliance with City policies, agreements, and other requirements. When a public purpose involves the oversight or inspection of facilities by a City Official, the City Official is required to provide a written inspection report and/or recommendation to be included in the City’s Form 802.

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2) Support sponsorship agreements involving Events where the City specifically seeks to enhance the City’s reputation both locally and regionally by serving as hosts or sponsors providing the necessary opportunities to meet and greet visitors, dignitaries, residents and guests.

3) Where the City, as a form on consideration for a written contract, has required that a certain number of Tickets be made available for City use.

4) Promote local and regional businesses, economic development and tourism activities within the City, including conventions and conferences.

5) Enhance City recognition, visibility, and/or profile on a local, state, national or worldwide scale.

6) Foster open government by City Official appearances, participation and/or availability at business and/or community events.

7) Improve intergovernmental relations by encouraging the members of the City Council, City staff, and their guests, where appropriate, to attend functions and events with the public officials of other entities, thereby fostering an open dialogue and better understanding of intergovernmental issues.

8) Increase public exposure to, and awareness of, the various public recreational, cultural, community and education facilities available to the public within the City.

9) Promote business activity with the City and/or highlight the achievements of local residents and businesses.

10) Promote business growth and development within the City, including economic development and job creation opportunities.

11) Facilitate outreach and recognition programs for veterans, teachers, emergency services, medical personnel, community organizations and other civil service occupations.

12) Encourage or reward significant academic, athletic, or public service achievements by Indian Wells students, residents, or businesses.

13) Promote community resources and private facilities, including charitable and nonprofit organizations facilities, available for use by City residents.

14) Promote, support and/or show appreciation for programs and services rendered by non-profit organizations benefiting Indian Wells residents.

15) Encourage volunteers to become members of City commissions, committees and boards and reward volunteer public service.

16) Attract and retain highly qualified employees in City service, recognize or reward meritorious service by a City employee, and/or promote enhanced City employee performance or morale.

17) The following is a non-exclusive list of specific business, community, and nonprofit Events in the City, where a City Official’s presence has been determined to serve a valid public purpose.

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This list is not intended to be exhaustive, but is merely illustrative of the types of Events where the distribution of tickets has been clearly authorized:
a. BNP Paribas Open
b. Desert Town Hall Lecture Series
c. Indian Wells Arts Festival
d. Doctor George Car Show

G. TICKETS DISTRIBUTED AT THE BEHEST OF A CITY OFFICIAL.

Only the following City Officials shall have the authority to behest tickets: City Council Members, City Manager and Department Heads.

Tickets shall be distributed at the behest of a City Official only for one or more public purposes set forth in section above. If tickets are distributed at the behest of a City Official, such City Official shall not use one of the tickets so distributed to attend the Event.

H. PUBLIC PURPOSES RELATED TO BNP PARIBAS OPEN.

Participation by City Officials in the ticketed events and activities hosted by the BNP Paribas Open is important to provide an opportunity for City leaders to be involved in the City’s largest special event. By attending the two-week long activities, including the tournament, City Officials have the ability to meet and greet residents and visitors to the City. Moreover, City Officials are accountable for the funding and support that the City contributes to the BNP Paribas Open, and therefore some level of attendance during the tournament is necessary for City Officials to provide suggested improvements to Desert Champions LLC management staff and City staff that will enhance and improve the overall event and its economic and public impact on the City.

This Policy is not applicable to tickets to the BNP Paribas Open available to all City residents through the annual lottery.

I. PUBLIC PURPOSES RELATED TO CITY SPONSORED EVENTS.

Participation by City Officials in events wherein the City has made a monetary contribution and/or is a named sponsor is important. Such events serve to enhance the image of the City as a world-class destination resort. These events provide the public with access to many distinguished public and civic leaders as well as significant cultural enhancement. The active participation of City Officials at such events serves to attract additional resources and economic opportunities for this community. City Officials at such events represent the City in interacting with dignitaries and they meet and greet residents and visitors to the City. Moreover, City Officials are accountable for the funding and support that the City contributes to these events, and therefore some level of attendance is appropriate for City Officials to monitor and evaluate the effectiveness of the event and suggest ways in which events may be enhanced and improved to maximize the economic and public benefit to the City.

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J. DISCLOSURE REQUIREMENTS.

It shall be the duty of the Ticket Administrator or his or her designee to ensure the City's compliance with Regulation 18944.1(d) pertaining to the reporting of the distribution of Tickets by a public agency to officials or officers of the City. The City shall complete a record of a Ticket distributed under this Policy on FPPC Form 802, including all the information as required under Regulation 19844.1, including but not limited to, the name of the transferee if the ticket was transferred as allowed under this Policy.

The forms shall be maintained as a public record, be subject to inspection and copying under Section 81008(a), and within 45 days the City must post these forms on its website and email a website link to the FPPC that displays the form.

If the Ticket is distributed to a department or other unit of the City, and not used by a member of the City Council, the City Manager, political appointee, or department head, the City may report the name of the department or other unit of the City receiving the Ticket and the number of Tickets provided to the department or unit in lieu of reporting the name of the individual employee as otherwise required by Regulation 18944.1.

This Policy shall be maintained as a public record and is subject to inspection and copying under Section 81008. The City shall post this Policy on its website within 30 days of adoption or amendment and send to the FPPC by email the City’s website link that displays the policy so that the FPPC may post the link.

K. ANNUAL REVIEW OF TICKETS AND CAMPAIGN CONTRIBUTION REPORTING REQUIREMENT.

1) At the first regular meeting or special meeting of the Council following the annual reorganization, the Council, with the assistance of the City Attorney and City Staff, shall conduct a review of applicable law and City policies pertaining to: (a) the acceptance of gifts, (b) the City's acceptance and distribution of tickets to sports, entertainment, charity and similar events.

2) At all meetings, each Council Member shall report any campaign contribution that the Council Member received from a person who is directly involved in an item on the agenda.

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Limitations and
Restrictions on
Gifts, Honoraria,
Travel and Loans
A Fact Sheet For
Local Elected Officers and Candidates for Local
Elective Offices
Local Officials Specified in Government Code
Section 87200
Judicial Candidates
Designated Employees of Local Government
Agencies
California Fair Political
Practices Commission
Toll-free advice line: 1 (866) ASK-FPPC
Email advice: [email protected]
Web site: www.fppc.ca.gov
October 2021
ATTACHMENT #2

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Introduction

- Local elected officers and other local officials specified in Government Code Section 87200,2 excluding judges;3
- Designated employees of local government agencies (i.e., individuals required to file statements of economic interests under a local agency’s conflict of interest code); and - Candidates4 for any of these offices or positions and judicial candidates. (Sections 89502 and 89503.)

The Act also imposes limits and other restrictions on personal loans received by certain local officials.

The gift limit increased to $520 for calendar years 2021 and 2022. The gift limit in 2020 was $500.

This fact sheet summarizes the major provisions of the Act concerning gifts, honoraria, travel, and loans.

It contains highlights of the law, but does not carry the weight of law. For more information, contact the Fair Political Practices Commission at (866) 275-3772 or [email protected] or visit our website at www.fppc.ca.gov . Commission advice letters are available on our website. Public officials may also be subject to local restrictions on gifts, honoraria, or travel.

Enforcement

Failure to comply with the laws related to gifts, honoraria, loans, and travel payments may, depending on the violation, result in criminal prosecution and substantial fines, or in administrative or civil monetary penalties for as much as $5,000 per violation or three times the amount illegally obtained. (See Sections 83116, 89520, 89521, 91000, 91004 and 91005.5.)

1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 2 Local officials specified in Government Code Section 87200 include: members of boards of supervisors and city councils, mayors, city/county planning commissioners, city/county chief administrative officers, city/county treasurers, district attorneys, county counsels, city managers, city attorneys, court commissioners and public officials who manage public investments.
3 The gift limits and honoraria ban in the Political Reform Act do not apply to a person in their capacity as judge.

However, candidates for judicial offices are subject to the restrictions contained in the Political Reform Act. (Sections 89502 and 89503.)
4 For purposes of the gift limit and honoraria prohibition, an individual becomes a “candidate” when they file a statement of organization (Form 410) as a controlled committee for the purpose of seeking elective office, a candidate intention statement (Form 501), or a declaration of candidacy, whichever occurs first. If an individual is an unsuccessful candidate, they will no longer be subject to the gift limit and honoraria prohibition when they have terminated their campaign filing obligations, or after certification of election results, whichever is earlier. (Sections 89502(b) and 89503(b).)

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Gifts

Limitations

Local elected officers, candidates for local elective office, local officials specified in Government Code Section 87200, and judicial candidates, may not accept gifts from any single source totaling more than $520 in a calendar year. (Section 89503.)5

Employees of a local government agency who are designated in the agency’s conflict of interest code may not accept gifts from any single source totaling more than $520 in a calendar year if the employee is required to report receiving income or gifts from that source on their statement of economic interests (Form 700). (Section 89503(c).)

What is a “Gift”?

A “gift” is any payment or other benefit that confers a personal benefit for which a public official does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. (Section 82028.) (See Regulation 18946 for valuation guidelines.)

Except as discussed below, a public official has “received” or “accepted” a gift when they have actual possession of the gift or when they takeany action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official’s behalf and gifts made to others at the direction of the official. (Regulation 18941.)

Gifts to Family Members

Under certain circumstances, a gift to an official’s family member* is considered a gift to the official. (Regulation 18943.) Anything given to a family member is presumed to be a gift to the official if: (1) there is no established relationship between the donor and the family member where it would generally be considered appropriate for the family member to receive the gift or; (2) the donor is someone who lobbies the official’s agency, is involved in an action before the official’s agency in which the official may foreseeably participate, or engages in business with the agency in which the official will foreseeably participate. (Wedding gifts are treated differently, see below.)

*For purposes of this rule, an official’s “family member” includes the official’s spouse; registered domestic partner; any minor child of the official who the official can claim as a dependent for federal tax purposes; and a child of the official who is aged 18 to 23 years old, attends school, resides with the official when not attending school, and provides less than one-half of their own support.

5 The gift limit is adjusted biennially to reflect changes in the Consumer Price Index. For 2021-2022, the gift limit is $520. (Section 89503; Regulation 18940.2.) Gifts from a single source aggregating to $50 or more must be disclosed, and gifts aggregating to $520 or more during any 12-month period may subject an official to disqualification with respect to the source. (Section 87103(e).) Designated employees should obtain a copy of their conflict of interest code from their agency. Some conflict of interest codes require very limited disclosure of income and gifts. Gifts from sources that are not required to be disclosed on the Form 700 are not subject to the $520 gift limit but still may subject the public official to disqualification.

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Source of Gift

Under most circumstances, it is clear who the source of a gift is, but if the circumstances indicate that the gift is being provided by an intermediary, the public official must determine both the donor and the intermediary in reporting the gift. Regulation 18945 provides the rules for determining the source of the gift.

Gifts from Multiple Sources

In determining the cumulative value of any reportable gifts, separate gifts from an individual and an entity that the individual controls must be aggregated as one source to comply with the reporting and limit requirements. For example, separate gifts from the owner of a company and from the company itself would be treated as if from one source if the owner has more than a 50 percent interest in the company, unless the making of the gift was determined by someone else in the company. In that case, the gift from the company would be aggregated with any gifts made by that determining individual. (Regulation 18945.1.)
Group gifts, where a public official receives a single gift from multiple donors (such as a retirement gift from coworkers), need not be reported unless any person contributes $50 or more to the total cost of the gift. In that case, the public official would only report a gift from each of those persons. (Regulation 18945.2.)
Valuing Gifts

The general rule for determining the value of a gift is to apply the fair market value at the time the gift is received. Fair market value can be determined by finding any local or Internet advertisement for the item.

Special exceptions to the fair market value rule are contained in Regulations 18946.1 through 18946.5 covering admission to ticketed and invitation-only events, wedding gifts, attendance at nonprofit and political fundraisers, and air travel. (Regulation 18946.) For example, for ticketed events, the value is the face value of the ticket.

General Gift Exceptions

Form 700 Reporting C/I § 87100 Honoraria Ban $520 Gift Limit No No No No

The following payments are exceptions to the definition of gift and are not considered gifts or income.

1. Return or Reimbursement of Gift. Items that are returned (unused) to the donor, or for which the public official reimburse the donor, within 30 days of receipt. (Section 82028(b)(2); Regulation 18941.)

2. Donation of Gift to Nonprofit Group. Items that are donated (unused) to a non-profit, tax-exempt (501(c)(3)) organization in which the official (or immediate family member) does not hold a position, or to a government agency, within 30 days of receipt without claiming a deduction for tax purposes. (Section 82028(b)(2); Regulation 18941.)

3. Gifts from Family. Gifts from the public official’s spouse (or former spouse), child, parent, grandparent, grandchild, brother, sister, current or former parent-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin or the spouse of any such person, unless they are acting as an agent or intermediary for another person who is the true source of the gift. (Section 82028(b)(3); Regulation 18942(a)(3).) This exception includes great grandparents, great uncles and aunts, great nieces and nephews, and first cousins once removed.

4. Informational Material. Informational material provided to assist the public official in the performance of their official duties, including books, reports, pamphlets, calendars, periodicals, videotapes, or free admission or discounts to informational conferences or seminars.

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“Informational material” may also include scale models, pictorial representations, maps, and other such items. However, if the item’s fair market value is more than $-520, the public official has the burden of demonstrating that the item is informational. In addition, on-site demonstrations, tours, or inspections, including air flights over an area that is the subject of the information and designed specifically for public officials, are considered informational material. However, this exception does not apply to meals or lodging. Furthermore, the exception generally does not apply to transportation to the site, except for any portion of the transportation that is not commercially available. (Section 82028(b)(1); Regulations 18942(a)(1) and 18942.1.)

5. Inheritance. A devise or inheritance. (Section 82028(b)(5); Regulation 18942(a)(5).)

6. Campaign Contributions. Campaign contributions to an official, including rebates or discounts received in connection with campaign activities (Section 82028(b)(4); Regulations 18942(a)(4), 18950(a) and 18950.3(a)) and permissible expenditures of campaign funds for campaign-related expenses, including payments for transportation, lodging or food (Regulations 18950(a) and 18950.3(b)), provided they comply and are properly reported in accordance with applicable campaign finance laws.

7. Plaques. Personalized plaques and trophies with an individual value of less than $250. (Section 82028(b)(6); Regulation 18942(a)(6).)

8. Ceremonial Role. Free admission to a ticketed event (including any benefits included in the price of the ticket such as a free meal) for the official and one guest at an event where the official performs a ceremonial role, such as throwing out the first pitch at a Dodgers’ game, so long as the official’s agency complies with the posting provisions set forth in Regulation 18944.1(d). (Regulation 18942(a)(13); Regulation 18942.3; also see discussion of Form 802 below under “Gifts Exceptions Requiring Alternate Reporting.”)

9. Event Where Official Makes a Speech. Free admission, and food and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. (Regulation 18942(a)(11).)

10. Attending Wedding Reception. Benefits received as a guest attending a wedding reception where the benefits are the same as those received by the other guests at the reception. (Regulation 18942(a)(15).)

11. Bereavement Offerings. Bereavement offerings, such as flowers at a funeral received in memory of a close family member. (Regulation 18942(a)(16).)

12. Acts of Neighborliness. Benefits received as an act of neighborliness such as the loan of an item, an occasional ride, or help with a repair where the act is consistent with polite behavior in a civilized society and would not normally be part of an economic transaction between like participants under similar circumstances. (Regulation 18942(a)(17).)

13. Campaign or Nonprofit Fundraiser. Two tickets for admission, for use by only the official and one guest, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket(s) must be received from the organization or committee holding the fundraiser. (Regulation 18946.4.)

14. Unused Passes or Tickets. Passes or tickets that provide admission or access to facilities, goods, services, or other benefits (either on a one-time or repeated basis) that the public official does not use and do not give to another person. (Regulation 18946.1.)

15. Items Provided to Government Agency. Subject to certain conditions, items provided to a government agency and used by public officials in the agency for agency business. This may include

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passes or tickets to (see Regulation 18944.1) or payments for other types of items or activities (see Regulation 18944). An agency must disclose specified payments on a form provided by the FPPC and post the form on its website. (See discussion of Forms 801 and 802 below under ““Gift Exceptions Requiring Alternate Reporting.”) Contact the FPPC for detailed information.

16. Emergency Leave Credits. Leave credits (e.g., sick leave or vacation credits) received under a bona fide catastrophic or emergency leave program established by the public official’s employer and available to all employees in the same job classification or position. Donations of cash are gifts and are subject to limits and disclosure. (Regulation 18942(a)(9).)

17. Disaster Relief. Food, shelter, or similar assistance received in connection with a disaster relief program. The benefits must be received from a governmental agency or charity and must be available to the general public. (Regulation 18942(a)(10).)

18. Agency Raffle. Items awarded in an agency raffle received by the agency from an employee who is not acting as an intermediary for another donor. This exception applies when an agency holds an employee raffle and the item awarded in the raffle has been obtained with agency funds, or is otherwise an asset of the agency and not donated to the agency by a non-agency source. This exception does not apply to passes or tickets of the type described in Regulation 18944.1. (Regulation 18944.2(a) and (b).)

19. Employee Gift Exchange. Items received by an employee during an employee gift exchange, so long as the items received are provided by another employee of the agency and the gifts are not substantially disproportionate in value. (Regulation 18944.2(c).)

Limited Gift Exceptions

Form 700 Reporting C/I § 87100 Honoraria Ban $520 Gift Limit No No No No

1. Home Hospitality. Gifts of hospitality including food, drink or occasional lodging that an official receives in an individual’s home when the individual or a member of their family is present. (Regulation 18942(a)(7).) For this exception to apply, the official must have a relationship, connection or association with the individual providing the in-home hospitality that is unrelated to the official’s position and the hospitality must be provided as part of that relationship. Generally, this means functions like children’s birthday parties, soccer team parties, neighborhood barbeques, etc., where other guests attend who are not part of the lobbying process. (Regulation 18942.2.)

2. Reciprocal Holiday Gifts. Gifts commonly exchanged between an official and another individual on holidays, birthdays, or similar occasions to the extent that the gifts exchanged are not substantially disproportionate in value. (Regulation 18942(a)(8)(A).)

3. Reciprocal Exchanges. Reciprocal exchanges between an official and another individual that occur on an ongoing basis so long as the total value of payments received by the official within the calendar year is not substantially disproportionate to the amount paid by the official and no single payment is $520 or more. For example, if two people get together regularly for lunches and rotate picking up the lunch tab so that each pays approximately half the total value over the course of the calendar year, no gift need be reported. (Regulation 18942(a)(8)(B).)

4. Dating Relationship. Personal benefits commonly received from a dating partner. These gifts are not disclosable or limited but are subject to disqualification under the conflict of interest laws if the dating partner has certain business before the official as set forth in Regulation 18942(a)(18)(D). (Regulation 18942(a)(18)(A).)

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5. Acts of Human Compassion. Assistance, financial or otherwise, to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or other unexpected calamity; or to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child, so long as the source of the donation is an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance, or the payment is made without regard to official status under other circumstances in which it would be common to receive community outreach. (Regulation 18942 (a)(18)(B).) This exception does not apply if the person providing the benefit to the official is an individual who otherwise has business before the official as set forth in Regulation 18942(a)(18)(D).

6. Long-Time Friend. Benefits received from a long-time personal friend where the gift is unrelated to the official’s duties. The exception does not apply if the individual providing the benefit to the official is involved in some manner with business before the official. (Regulation 18942(a)(18)(C).) This exception does not apply if the person providing the benefit to the official is an individual who otherwise has business before the official as set forth in Regulation 18942(a)(18)(D).

7. Existing Personal Relationship. Benefits received from an individual where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official’s position and there is no evidence whatsoever at the time the gift is made that the official makes or participates in the type of governmental decisions that may have a reasonably foreseeable material financial effect on the individual who would otherwise be the source of the gift. (Regulation 18942(a)(19).)

Very Limited Gift Exception

Reporting C/I § 87100 Honoraria Ban $520 Gift Limit
Yes - ½ value as gift Yes No No
Wedding Gifts. Wedding gifts are not subject to the $520 gift limit. However, wedding gifts are reportable, but for purposes of valuing wedding gifts, one-half of the value of each gift is attributable to each spouse. (Regulation 18946.3.)

Gift Exceptions Requiring Alternate Reporting

Form 700 Reporting C/I § 87100 Honoraria Ban $520 Gift Limit Yes - As Income Yes No No

Prize or Award. A prize or award received in a bona fide contest or competition, or game of chance.

Note: Unlike the other exceptions, payments that fall into this exception must be reported as income if valued at $500 or more. To qualify for this exception the contest or competition must be unrelated to the official’s duties. (Regulation 18942(a)(14).)

Agency Reports

Reporting C/I § 87100 Honoraria Ban $520 Gift Limit
Yes - On 801 or 802 No No No
The following exceptions are also applicable to payments made to a government agency that are used by officials in the agency under certain conditions to conduct agency business. These types of payments are not treated as gifts or income to the officials who use them, so long as the payments meet certain conditions and they are reported by the officials’ agency. These reports must appear on either a Form 801 or Form 802, instead of the official reporting the items on a statement of economic interests (Form 700).

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FPPC Ed • Pro 046 10-2021 • Page 8 of 14

Form 801 – Payment to Agency Report: This form covers gifts or donations made to an agency and used by one or more officials in the agency for agency business. This may include travel payments, reimbursements, or other uses by an official, but does not cover tickets or passes providing admission to an entertainment or sporting event, which are reported on the Form 802 (discussed below). If the payment meets the requirements of Regulations 18944 or 18950.1, the agency must report it on a Form 801 and the item is not reported on the individual’s statement of economic interests (Form 700). (Regulations 18944 and 18950.1.)

Form 802 – Agency Report of Ceremonial Role Events and Ticket/Pass Distributions: This form covers gifts or donations made to an agency that provide tickets or passes to an agency official for admission to an entertainment or sporting event. For the ticket or pass to be exempt from reporting on the individual’s statement of economic interests (Form 700), the agency must have a written policy stating the public purpose for distribution of the tickets. The ticket or pass cannot be earmarked by the original source for use by a particular agency official and the agency must determine, in its sole discretion, which official may use the ticket or pass. (Regulation 18944.1.) The Form 802 is also used to report tickets provided for officials who perform a ceremonial role on behalf of the agency.

Behested Payments Reports

Reporting C/I § 87100 Honoraria Ban $520 Gift Limit
Yes - Form 803
Behested Payment No No No

Behested Payments. Generally, payments made at the behest of an official that do not confer a personal benefit on an official such as those made by a third party to co-sponsor an event, or that are principally legislative, governmental or charitable in nature, are not gifts. However, when a local elected officer is making the behest, in some cases these payments may be considered “behested payments” under Section 82004.5 and require disclosure by that elected officer.

Form 803 – Behested Payment Report
• Behested payments are payments made principally for legislative, governmental, or charitable purposes. These payments are not for personal or campaign purposes. For example, a local elected official may ask a third party to contribute funds to a school in her district, or to a job fair or health fair.
• Generally, a donation will be “made at the behest” if it is requested, solicited, or suggested by the elected officer or member of the Public Utilities Commission, or otherwise made to a person in cooperation, consultation, coordination with, or at the consent of, the elected officer or PUC member. This includes payments behested on behalf of the official by their agent or employee. • A behested payment does not include payments to an official from a local, state, or federal government agency for use by the official to conduct agency business. For example, free parking provided by a governmental entity to an official for agency business is not a behested payment and is not subject to reporting.
• Behested payments totaling $5,000 or more from a single source in a calendar year must be disclosed by the official on a Form 803, which is filed with the official’s agency within 30 days of the date of the payment(s). (Section 82015; Regulation 18215.3.)

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Honoraria

What is an “Honorarium”?

An “honorarium” is any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering.

An honorarium includes gift cards or any gift of more than nominal benefit provided in connection with an activity described above. An honorarium does not include items of nominal value such as a pen, pencil, note pad, or similar item. (Section 89501; Regulation 18932.4(e).)

A “speech given” means a public address, oration, or other form of oral presentation, including participation in a panel, seminar, or debate. (Regulation 18931.1.)

An “article published” means a nonfictional written work: 1) that is produced in connection with any activity other than the practice of a bona fide business, trade, or profession; and 2) that is published in a periodical, journal, newspaper, newsletter, magazine, pamphlet, or similar publication. (Regulation 18931.2.)

“Attendance” means being present during, making an appearance at, or serving as host or master of ceremonies for any public or private conference, convention, meeting, social event, meal, or like gathering. (Regulation 18931.3.)

The Act and Commission regulations provide certain exceptions to the prohibition on honoraria. (Section 89501(b); Regulations 18932 –18933.).

The Prohibition

Local officials specified in Section 87200 (see page 2) are prohibited from receiving any honoraria payments. Officials and employees of local agencies who file statements of economic interests (Form 700) under the agency’s conflict of interest code (“designated employees”) may not receive honoraria payments from any source if the employee would be required to report income or gifts from that source on the Form 700, as outlined in the “disclosure category” portion of the conflict of interest code. (Section 89502.)

Honoraria Exceptions that also apply to gifts and income

1. Returned. An honorarium that the public official returns (unused) to the donor or the donor’s agent or intermediary within 30 days. (Section 89501(b); Regulation 18933.)

2. Donated to General Fund. An honorarium that is delivered to the official’s local agency within 30 days for donation to the agency’s general fund and for which the public official does not claim a deduction for income tax purposes. (Section 89501(b); Regulation 18933.)

3. Made to Nonprofit Organization. A payment that is not delivered to the public official but is made directly to a bona fide charitable, educational, civic, religious, or similar tax-exempt, non-profit organization. However:
• The official may not make the donation a condition for their speech, article, or attendance; • The official may not claim the donation as a deduction for income tax purposes; • The official may not be identified to the non-profit organization in connection with the donation; and
• The donation may have no reasonably foreseeable financial effect on the public official or on any member of their immediate family. (Regulation 18932.5.)

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4. Payment from Family Member. A payment received from the public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person. However, a payment that would be considered an honorarium is prohibited if one of these persons is acting as an agent or intermediary for someone else. (Regulation 18932.4(b).)

5. Payment for Performance or Book. Payments received for a comedic, dramatic, musical, or other similar artistic performance, and payments received for the publication of books, plays, or screenplays. (Regulations 18931.1 and 18931.2.)

6. Reimbursement for Travel Where Official Provides Consideration. Reimbursements for reasonable travel expenses provided to the public official by a bona fide non-profit, tax-exempt (501(c)(3)) entity for which the public official provides equal or greater consideration. The payment would also be exempt from the definition of income under Section 82030(b)(2). (See discussion under “Travel Payments” below.)

Honoraria Exceptions where the payment may still be considered income (or a gift, if consideration of equal or greater value is not provided by the official)

1. Admission to Event Where Official Gives Speech. Free admission, and refreshments and similar non-cash nominal benefits, provided to an official during the entire event at which they give a speech, participatein a panel or providea similar service, and in-California transportation and necessary lodging and subsistence provided directly in connection with the speech, panel or service, including meals and beverages on the day of the activity. (Regulation 18932.4(e).)

2. Earned Income from a Business. Income earned and payments for travel made in connection with personal services rendered by the official if the services are provided in connection with a bona fide business, trade, or profession — such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting — and the services are customarily provided in connection with the business, trade, or profession. (Section 89506(d)(3) and Regulations 18950(a) and 18950.2.)

This exception does not apply if the sole or predominant activity of the business, trade, or profession is making speeches. In addition, the public official must meet certain criteria to establish that they are conducting or in a bona fide business, trade, or profession (such as maintenance of business records, licensure, proof of teaching position) before a payment received for personal services which may meet the definition of honorarium would be considered earned income and not an honorarium. (Section 89501(b); Regulations 18932 –18932.3.) Earned income is required to be reported. Contact the FPPC for detailed information.

3. Travel from a Government Agency. Travel payments provided to the public official by their government agency or by any state, local, or federal government agency which would be considered income and not a gift. (Section 89506(d)(2).) See discussion under “Travel Payments” below.

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Travel Payments Exceptions
Generally, when an official receives a payment (including reimbursement) for their travel, that payment is a reportable gift or income under the Act. The term “travel payment” includes payments, advances, or reimbursements for travel, including actual transportation, parking and related lodging and subsistence. (Section 89506(a).)

If the payment is a gift, it is also normally subject to the Act’s $520 gift limit. If the payment is income, it may, in some cases, be an honorarium. Whether a payment is a gift or income, the official may be required to disqualify themself from any decision that will have a foreseeable materially financial effect on the source.

Certain Travel Payments are not a Gift, Income or Honorarium

Reporting C/I § 87100 Honoraria Ban $520 Gift Limit
No No No No

The following travel payments are not a gift, income or honorarium under the Act and Commission regulations and are thus not reportable, potentially disqualifying, or subject to any of the Act’s gift limits or the honorarium ban.

1. Travel from a Non-Reportable Source. A payment for travel from a source that is not reportable on the official’s statement of economic interests (Form 700) based on the provisions of the conflict of interest code of the official’s agency.

2. Travel from Government Agency for Training. A payment for travel from another local, state, or federal government agency and related per diem expenses when the travel is for education, training or other inter-agency programs or purposes. (Regulation 18950(a) and (c)(2).)

3. Sharing a Ride with Another Official. A payment for travel provided to the official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the same location for an event as a representative of their respective offices. (Regulation 18950(a) and (c)(3).)

4. Certain Travel from a Government Agency or 501(c)(3). Travel payments provided to the official by any state, local, or federal government agency as part of the official’s employment with that agency or provided to the official by a bona fide non-profit, tax-exempt (501(c)(3)) entity for which the official provides equal or greater consideration. (Section 82030(b)(2).) Any person who claims to have provided consideration has the burden of proving that the consideration received is of equal or greater value.

5. Travel for Official Agency Business. Certain payments made to an agency to cover the travel expenses of an employee who travels in the course of carrying out agency business are not gifts to the official because these payments do not provide a “personal benefit” to the official. For this exception to apply, the agency must report the payment on a Form 801 and the amount and purpose for using the payments are restricted by the provisions set forth in Regulation 18950.1.

6. Campaign Contribution. A payment for travel that constitutes a campaign contribution to an official (Sections 82015, 82028(b)(4); Regulations 18215, 18942(a)(4), 18950(a) and 18950.3(a)), and permissible expenditures of campaign funds for campaign-related travel (Regulations 18950(a) and 18950.3(b)), provided they comply and are properly reported in accordance with applicable campaign finance laws.

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7. Travel Payments Fulfilling Terms of Contract. Payments made to a governmental entity for travel expenses that are required to fulfill the terms of a contract. Neither the governmental entity nor the public official has a reporting obligation because consideration has been provided. (Section 82028; Ratto Advice Letter, No. I-14-057.)

Certain Travel Payments are Reportable and may Subject the Official to Possible Conflicts of Interest, but are not Subject to the $520 Gift Limit or Honoraria Ban of the Act.

Reporting C/I § 87100 Honoraria Ban $520 Gift Limit
Yes Yes No No

Travel for a Public Purpose Under Section 89506(a). Any payments for actual transportation expenses and related lodging and subsistence that are made for a purpose reasonably related to: (1) A legislative or governmental purpose, or (2) An issue of state, national, or international policy so long as the travel is either

(a) Travel for Speech. In connection with a speech given by the official and the lodging and subsistence expenses are limited to the day immediately proceeding, the day of, and the day immediately following the speech and the travel is within the United States, or

(b) Travel paid for by government agency or 501(c)(3) organization. Provided by a government agency or authority, (including a foreign government), a bona fide public or private educational institution as defined in Section 203 of the Revenue and Taxation Code, or a nonprofit organization that qualifies under Section 501(c)(3) of the Internal Revenue Code or a foreign organization that substantially satisfies the criteria of that section.

These payments are still reportable on the Form 700 and may create a conflict of interest issue for the official.

Payments for Travel in Connection with a Business

Reporting C/I § 87100 Honoraria Ban $520 Gift Limit
Yes - as Income Yes No No

Payments for travel made in connection with personal services rendered by the official if the services are provided in connection with a bona fide business, trade, or profession — such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting — and the services are customarily provided in connection with the business, trade, or profession. (Section 89506(d)(3) and Regulations 18950(a) and 18950.2.)

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Loans
Personal loans received by certain local officials are subject to limits and other restrictions, and in some circumstances, a personal loan that is not being repaid or is being repaid below certain amounts may become a gift to the official who received it.

Limitations on Loans from Agency Officials, Consultants, and Contractors

Officials Must Not Receive Loans from Agency Staff. If the public official is a local elected officer or an official specified in Section 87200 (see page 2), they may not receive a personal loan that exceeds $250 at any given time from an officer, employee, member, or consultant of their government agency or an agency over which their agency exercises direction and control. (Section 87460(a) and (b).)

Officials Must Not Receive Loans from Agency Contractors. In addition, the public official may not receive a personal loan that exceeds $250 at any given time from any individual or entity that has a contract with their government agency or an agency over which their agency exercises direction and control. This limitation does not apply to loans received from banks or other financial institutions, and retail or credit card transactions, made in the normal course of business on terms available to members of the public without regard to their official status. (Section 87460(c) and (d).)

Loans to Elected Officials Must be in Writing

In addition to the limitations above, if the public official is elected, they may not receive a personal loan of $500 or more unless the loan is made in writing and clearly states the terms of the loan. The loan document must include the names of the parties to the loan agreement, as well as the date, amount, interest rate, and term of the loan. The loan document must also include the date or dates when payments are due and the amount of the payments. (Section 87461.)

The following loans are not subject to these limits and documentation requirements:

1. Campaign Loans. Loans received by an elected officer’s or candidate’s campaign committee.

2. Loans from Family Members. Loans received from the public official’s spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person unless they are acting as an agent or intermediary for another person not covered by this exemption.

Loans as Gifts

Under the following circumstances, a personal loan received by any public official (elected and other officials specified in Section 87200, as well as any other local official or employee required to file statements of economic interests) may become a gift and subject to gift reporting and limitations:

1. If the loan has a defined date or dates for repayment and has not been repaid, the loan will become a gift when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, the loan will become a gift if it remains unpaid when one year has elapsed from the later of:
• The date the loan was made;
• The date the last payment of $100 or more was made on the loan; or • The date upon which the public official have made payments aggregating to less than $250 during the previous 12 months. (Section 87462.)

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The following loans will not become gifts:

• A loan made to an elected officer’s or candidate’s campaign committee. This loan would, however, be a campaign contribution and must be reported accordingly. • A loan described above on which the creditor has taken reasonable action to collect the balance due.
• A loan described above on which the creditor, based on reasonable business considerations, has not undertaken collection action. (However, except in a criminal action, the creditor has the burden of proving that the decision not to take collection action was based on reasonable business considerations.)
• A loan made to an official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Chris Freeland, City Manager
Subject: Request to Place on a Future Agenda Discussion on Possible Changes to the Recreational Vehicle
Permit Process

RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION to staff.

DISCUSSION:

Mayor Pro Tem Sanders requests a discussion relating to the current the City’s recreation vehicle permit process. The Indian Wells City Council Policy Manual Section 3.01.030 addresses the process for a Council Member to request items for placement on the City Council Agenda.

Section 3.01.030 PLACING ITEMS ON AGENDA. A Council member may request an Item be considered on a future agenda, verbally during a City Council meeting or by informing the City Manager. The request shall be submitted wherever reasonably possible at 14 calendar days in advance of a Council meeting. The item will be agendized at the next regularly scheduled meeting for consideration by the Council under the Council Reports section of the agenda with the initiating Council member’s name. The Council Member may, at their discretion, prepare a written report.

Per the City Council Policy Manual, Mayor Pro Tem Sanders has agendized a discussion on the recreational vehicle permit process.

FISCAL IMPACT:

There is no fiscal impact.

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Chris Freeland, City Manager
Subject: Request to Place on a Future Agenda Discussion relating to the Indian Wells Golf Resort
Management Agreement

RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION to staff.

DISCUSSION:

Councilmember Peabody requested City staff to add a discussion to the agenda relating to the Indian Wells Golf Resort Management Agreement. The Indian Wells City Council Policy Manual Section 3.01.030 addresses the process for a Council Member to request items for placement on the City Council Agenda.

Per the City Council Policy Manual, Councilmember Peabody is requesting the City Council discuss and consider initiating a Request for Proposals (RFP) for the Indian Wells Golf Resort Management Agreement. In addition, Councilmember Peabody asked the following information to be added to this report.

 Troon Golf, LLC has served as the manager of the Indian Wells Golf Resort since 2009. Their existing contract expires in June 2024.
 Staff estimates that an RFP would take approximately six months to complete.

FISCAL IMPACT:

There is no fiscal impact.

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INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: City Manager Department
Prepared by: Chris Freeland, City Manager
Subject: Request to Place on a Future Agenda Discussion Regarding Request for Proposals for City Attorney
Services

RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION to staff.

DISCUSSION:

Request by Councilmember Ty Peabody to place on a future agenda a discussion regarding soliciting Request for Proposals (RFP) for City Attorney services. Indian Wells City Council Policy Manual Section 3.01.030 addresses the process for a Council Member to request items for placement on the City Council Agenda.

Per the City Council Policy Manual, Councilmember Peabody has agendized a discussion on the initiation of a Request for Proposals for City Attorney services. In addition, Councilmember Peabody asked the following information to be added to this report.

 Best Best & Krieger has served as the City Attorney for the City of Indian Wells since 2004. The contract can be terminated by either party with a thirty-day notice.  Staff estimates that an RFP would take approximately three months to complete.

FISCAL IMPACT:

There is no fiscal impact.

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Indian Wells City CouncilJanuary 5, 2023

Indian Wells City Council
January 5, 2023