Agenda, second session — Indian Wells City Council, February 16, 2023 (part 1 of 2)

CITY COUNCIL
Meeting Agenda

Thursday, February 16, 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 Indian Wells Funding Check Presentation
C.2 Proclamation Recognizing South West Church 50th Anniversary C.3 Riverside County Transportation Commission Presentation by Aaron Hake
C.4 College of the Desert Certification Program Presentation by Veronica Izurieta
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 February 16, 2023

Page 2 of 310 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 Supplemental Appropriation for Grant Writer Services to Engineering Solutions Services
10 RECOMMENDED ACTION:

Council APPROVES contract term extension from three years to five years; and
APPROVES supplemental appropriation for a total of $140,000 to Engineering Solutions Services’ (“ESS”) contract to continue providing grant research and application services for various project grants; and
AUTHORIZES the City Manager, or designee, to transfer funds into the appropriate account.

G.2 Resolution Approving Final Parcel Map No. 38396, Amethyst Drive 12 RECOMMENDED ACTION:

Council ADOPTS Resolution approving Final Parcel Map No. 38396 and finding said map in substantial conformance with the approved Tentative Parcel Map No. 38396; and
AUTHORIZES and DIRECTS the City Clerk, the City Engineer/Public Works Director, and the Acting City Surveyor to execute Final Parcel Map No. 38396.

City Council Meeting Agenda February 16, 2023

Page 3 of 310 ends

G.3 Indian Wells Golf Resort Emergency Repairs 17
RECOMMENDED ACTION:

Council APPROVES Water Filtration Repairs for $39,171 at the Indian Wells Golf Resort; and
APPROVES Irrigation Pump Replacement for $19,037 at the Indian Wells Golf Resort; and
APPROVES reallocating $58,208 from the active organic waste enclosure budget for these repairs; no supplemental appropriation is necessary, and
APPROVES authorizing the remaining $68,792 organic waste enclosure budget into the emergency replacement reserve for use at the City Manager’s discretion.

G.4 Council Members Attendance at 2023 Events 24
RECOMMENDED ACTION:

Council APPROVES the attendance of Council Member/s to events held in 2023 as identified in the staff report.

G.5 November 3, 2022, City Council/Successor Agency Joint Meeting Minutes
26 RECOMMENDED ACTION:

Council APPROVES the November 3, 2022, City Council/Successor Agency Joint Meeting Minutes.

G.6 December 15, 2022, City Council Meeting Minutes 38
RECOMMENDED ACTION:

Council APPROVES the December 15, 2022, City Council Meeting Minutes.

G.7 January 5, 2023, City Council Meeting Minutes 46
RECOMMENDED ACTION:

Council APPROVES the January 5, 2023, City Council Meeting Minutes.

City Council Meeting Agenda February 16, 2023

Page 4 of 310 ends

G.8 City Treasurer’s Report for December 2022 54
RECOMMENDED ACTION:

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

H.PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing. At that time the applicant will be allowed five (5) minutes to make a presentation on the case. Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons.

The City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

H.1 Adopt an Ordinance Amending Chapter 21.85 of the Indian Wells Zoning Code Relating to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU)
73 RECOMMENDED ACTION:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
FINDS that, under California Public Resources Code section 21080.17, adoption of the Ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”), because the ordinance implements the state ADU law (Gov. Code § 65852.2), which also regulates JADUs, as defined by Section 65852.22; and
INTRODUCES Ordinance to be read by title only and further reading waived, amending Chapter 21.85 of the Indian Wells Zoning Code relating to ADU and JADU regulations.

City Council Meeting Agenda February 16, 2023

Page 5 of 310 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 2023 City Council Strategic Planning Session 107
RECOMMENDED ACTION:

Council REVIEWS and APPROVES the action items from the 2023 City Council Strategic Planning Session.

I.2 Council Ad Hoc Committee to Review Resident Committees 115 RECOMMENDED ACTION:

Council AUTHORIZES the formation of a Resident Committee Review Ad Hoc Committee comprised of Mayor Griffith and Council Member Whitman.

I.3 Indian Wells Turf Rebate Program Update 116
RECOMMENDED ACTION:

Council DISCUSSES funding options related to the Turf Rebate Program; and
If Council desires APPROVES Supplemental Appropriation for additional funding.

I.4 Resident Benefit Opportunity – Annual Tennis Ticket Allotment 118 RECOMMENDED ACTION:

Council APPROVES the proposal from Desert Champions; and AUTHORIZES the City Manager to execute an amendment to the Host Sponsorship Agreement for the 2023 BNP Paribas Open.

City Council Meeting Agenda February 16, 2023

Page 6 of 310 ends

I.5 Proposed Ordinance Amending Section 11.36.125 of the Municipal Code Regarding Recreational Vehicle Parking Permits and Finds the Action to be Exempt from CEQA
124
RECOMMENDED ACTION:

Council INTRODUCES Ordinance to be read by title only, and further reading waived Amending Section 11.36.125 of the Municipal Core relating to Recreational Vehicle Parking; and
FINDS The action to be exempt from CEQA; and
APPROVES Municipal Text Amendment No. 2023-01 regarding recreational-vehicle parking-permit requirements or provides ALTERNATIVES and DIRECTION.

I.6 City Council Golf Resort Ad-Hoc Committee Update 137 RECOMMENDED ACTION:

Council RECEIVES and FILES the City Council Golf Resort Ad-Hoc Committee Update.

J.COUNCIL MEMBERS' REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. 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 COUNCIL MEMBER REED
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Public Safety Committee
CVAG Transportation Committee
J.2 COUNCIL MEMBER WHITMAN
Coachella Valley Mountains Conservancy
Desert Sands Unified School District
Indian Wells Marketing Committee
Indian Wells Public Safety
Visit Greater Palm Springs
City Council Meeting Agenda February 16, 2023

Page 7 of 310 ends

J.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
J.4 MAYOR PRO TEM SANDERS
Cove Communities Services Commission
Coachella Valley Economic Partnership
Desert Sand Unified School District
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Public Safety Committee
Indian Wells Tee Committee
J.5 MAYOR GRIFFITH
CVAG Executive Committee
CVAG Conservation Commission
CVAG Energy & Environmental Resources
CVAG Homelessness Committee
Indian Wells Community Activities Committee
Indian Wells Golf Resort Advisory Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance/Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Tee Committee
City Council Meeting Agenda February 16, 2023

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K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at1:30 p.m. on March 2, 2023 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on February 10, 2023 I caused to be posted a notice of a City Council Meeting to be held on February 16, 2023 a 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, CMC
City Clerk
City Council Meeting Agenda February 16, 2023

Page 9 of 310 ends

Grants In Aid Funding Recipients:
•American Friends of Armed Forces
•Assistance League Coachella Valley
•Big Brothers Big Sisters
•Boys & Girls Clubs of the Coachella Valley
•Desert Arc
•Desert Cancer Foundation
•Desert Best Friends Closet
•Elder Love
•FIND Food Bank
•First Tee Coachella Valley
•Food Now
•Friends of Desert Mountains
•Hidden Harvest
•John F. Kennedy Memorial Foundation
•Loving All Animals
•Old Town Artisan Studios
•Read with Me Volunteer Programs
•RiteCare Childhood Language CenterCoachella Valley
•The Riverside County Foundation ofAging
•United Cerebral Palsy of the InlandEmpire
•United Way of the Desert
•Variety Children’s Charity of the Desert
At dais Presentation Item C.1:February 16, 2023

COACHELLA VALLEY RAIL

PROJECT UPDATE
1 CITY OF INDIAN WELLS CITY COUNCIL
FEBRUARY 16, 2023
Aaron Hake, Deputy Executive Director
At dais Presentation Item C.3:

February 16, 2023

2 Transformational –Transforms the way Californians will travel Connections –Links LA, Orange, San Bernardino, Riverside counties Access & Equity –Options for residents in disadvantaged communities Economic Investment –Expands access
to the regional economy
Sustainability –Combats climate change
by reducing vehicle use
Why Coachella Valley Rail?

3 4
Coachella Valley Rail Corridor

5 Strong Public Support

6 Project Status
20 1
6 Alternatives
Analysis
Cu
r
r
e
n
t
Program-Level
(Tier 1) EIS/EIR
& Service
Development
Plan
Fu
t
u
r
e
Conceptual
Engineering &
Project-Level
(Tier 2)
Environmental
Documents
Be
y
o
n
d

Final Design &
Construction &
Operations
Program-Level (Tier 1) EIS/EIR
Service Development Plan

7 •Seeking $20 million of the $60 million needed to complete Tier 2 –Federal funds
•Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant program •Bipartisan Infrastructure Investment and Jobs Act
–State Funds
•Local support critical to success
•Support in Congress and State Legislature
Funding need and opportunities

8 •RCTC Ad Hoc Committee
•Trip to Washington DC -September 19 -21, 2022
•California Transportation Secretary visit
•Governor’s Infrastructure Advisor meetings
•Significant media interest
Leading the conversation

9 rctc.org
951.787.7141
[email protected]
@theRCTC
Stay Connected
10 Project Webpage:
www.rctc.org/cvr

At dais Presentation Item C.4:

February 16, 2023

•Provide Workforce Training for
Landscapers in the Coachella Valley
•Reduce dust emissions to improve
air quality

MISSION
Overseeding
Certification Training

Major Air Pollution Problems
in the Coachella Valley
Emissions from stationary and mobile
sources to the west, when carried by
summer winds to the Coachella Valley,
are largely responsible for summertime
smog in this desert area
Particulate matter (PM10 and PM 16) is
the pollutant of greatest concern
Li

COLLEGE
uhf DESERT

LANDSCAPING

CERTIFICATION TRAINING

CERTIFICATE OF COMPLETION
This is to certify that
Veronica Izurieta
College of the Desert
Successfully completed the CVAG Overseeding Certification course Awarded on: 11/28/2017
Li

COLLEGE
uhf DESERT

The Landscaping Certification Training is for
landscaper license
applicants that are
applying for a new
business license or
for applicants
renewing their
license.

The training
certification is good
for one year.

PROGRAM HISTORY
Training was
developed and
launched in response
to the Clean Air Plan
and the need to meet
state air quality
standards.

CVAG's Energy and Environmental
Resources Committee
Members include an elected official from
each city in the Coachella Valley
Mission: to do more for air quality
Development of model ordinance
recommended to address needs for
landscape -related businesses to learn about
its Reseeding Alternative
Approved by CVAG Executive Committee July
2007
Distributed to all desert cities
Adopted by 8 of 9 cities
II

COLLEGE
uhf DESERT

LANDSCAPING

CERTIFICATION TRAINING

Landscape Certification Program
Introduction
The Coachella Valley continues to grow and
place increasing demands on its water
supply resources.

We live in a desert that receives 3.66" of
effective rainfall per year, but requires
about 72" per year of applied irrigation
water to grow healthy, attractive turf grass.

The best way to save water and reduce your
water bill is to take advantage of CVWD's
Desert Landscaping Program and convert all
or part of your landscape to desert -friendly,
low water -use plants.

For those of you wishing to maintain turf
grass within a landscape, the intent of this
class is to help improve water use efficiency
in irrigating turf grass in the Coachella
Valley.

Erg

COLLEGE
uhf DESERT
The GOAL of this class is to teach you
to measure and improve irrigation
efficiency factors, eliminate
unnecessary losses and then
schedule your controller to reduce
water use, but maintain plant health
and growth.

LANDSCAPING CERTIFICATION TRAINING
FREE
Landscapers take the training at no cost
FAST
Takes approximately 30 to 60
minutes to complete each session

BILINGUAL
Is offered in both English and Spanish

CONVENIENT
Can be accessed from any computer:
home, office, laptop, library, or PaCE

PaCE
Computer lab and login
assistance available through
Partnership and Community
Education (PaCE), located in the
Palm Desert Mall

Support the training program
and work with CVAG and
College of the Desert PaCE to
Share information with
Landscaper applicants
Stress the importance of
the training
Refer individuals to PaCE
if they need assistance
Together We Can Make a Difference!

For your contribution to
clea n a ir a nd
wa ter conversa tion!

1© 20 22 Frontie r Communic ations Pare nt, Inc . All Rig hts Re se rve d .

Have you heard ?
Frontier ®Fiber
is coming to
Indian Wells!
At dais Presentation Item #E:

February 16, 2023

2 “If we’re going to do something bigger than we ever have … …t h e n w e h a d b e t t e r d o b u s in e s s b e t t e r t h a n w e e v e r h a v e !” © 20 22 Frontie r Communic ations Pare nt, Inc . All Rig hts Re se rve d .

3 How does fiber broadband impact communities?
The Fiber network is 100% fiber from
our central office to a customer’s home
Revitalizing rural and urban
communities
Households can connect to multiple
devices at once without worries
Entrepreneurs have the speed
they need for infrastructure
Fiber broadband increases perceived
rental & property value*
Students can learn anywhere
& compete fairly
High -speed internet: Frontier ®
FiberOptic offers speeds up to 2 Gig
New markets for operators:
enable them to offer new services
*A Fiber Broadband Association study shows
home values increase with access to fiber.
© 20 22 Frontie r Communic ations Pare nt, Inc . All Rig hts Re se rve d .

4 How Frontier’s 100% Fiber Network reaches you
© 2022 Frontier Communications Parent, Inc. All Rights Reserved.

The Fiber connection
begins in our
Central Office…
1 . . . and arrives at the
fiber distribution hub.
2 Next, it connects to the
fiber terminal . . .
3 . . . and is sent straight to
the customer’s
residence.
4 5© 20 22 Frontie r Communic ations Pare nt, Inc . All Rig hts Re se rve d .

Communicate!…C o m m u n ic a t e !…
Construction Door Hanger
Yard Sign

Indian Wells Fiber to the Home Build
Pink Polygon =Indian Wells City Boundary
Orange Lines = Existing Fiber
Blue Lines = New Fiber Build
Key Facts
•The build area shown consists of
approximately 703 addresses to have
fiber built to.
•The build within the neighborhoods
requires 100% new buried fiber
placement due to Frontier not having
any aerial assets or existing conduit to
utilize.
•New fiber must be placed via
bore or micro trench.
•Residential areas with no existing or
fiber planned build are private HOAs
and can be added to the build as HOA
agreements are secured.
•Frontier actively seeks approval
from private HOAs.

7© 20 22 Frontie r Communic ations Pare nt, Inc . All Rig hts Re se rve d .

A network that’s future proof …

Questions
Frontier Proprietary and Confidential 8

INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: Public Works Department
Prepared by: Jill Moon, Management Analyst
Subject: Supplemental Appropriation for Grant Writer Services to Engineering Solutions Services

RECOMMENDED ACTIONS:

Council APPROVES contract term extension from three years to five years; and

APPROVES supplemental appropriation for a total of $140,000 to Engineering Solutions Services’ (“ESS”) contract to continue providing grant research and application services for various project grants; and

AUTHORIZES the City Manager, or designee, to transfer funds into the appropriate account.

DISCUSSION:

In recent months, the City of Indian Wells has been successful in obtaining grant funding to supplement the cost of operations and capital improvement projects. Staff have worked with Engineering Solutions Services (ESS) to develop guidelines to evaluate the City’s probability for success with various grant applications. Many of the Federal and State Grants available are biased to assist economically disadvantaged communities. Our guidelines ensure the City’s efforts and expenses are focused on grant opportunities in which Indian Wells is most competitive. To date, ESS submitted grants on the City’s behalf for $2,656,361. One of the pending grant applications is to create a traffic safety action plan that will be a roadmap for traffic safety in the City and will assist the City in being more competitive for transportation grant opportunities. The application is still under review with the Federal government.

The original budget for this contract was $10,000. The contract was amended in February 2022 to increase the compensation to $45,000 for the 2021 -22 fiscal year. To date, the City has been successful with grant applications through ESS totaling $801,280.

Page 10 of 310 ends

FISCAL IMPACT:

Staff is requesting a supplemental appropriation of $30,000 for fiscal years 2022-23 and 2023-24 and $40,000 for fiscal years 2024-25 and 2025-26 for a total of $140,000 to EES’ contract to be added from the City’s General Fund to the Professional Services account of the Public Works engineering operating budget for this expense.

Page 11 of 310 ends

INDIAN WELLS CITY COUNCIL
January 5, 2023

To: City Council
From: Public Works Department
Prepared by: Dina Purvis, Public Works Manager
Subject: Resolution Approving Final Parcel Map No. 38396, Amethyst Drive

RECOMMENDED ACTIONS:

Council ADOPTS Resolution approving Final Parcel Map No. 38396 and finding said map in substantial conformance with the approved Tentative Parcel Map No. 38396 ; and

AUTHORIZES and DIRECTS the City Clerk, the City Engineer/Public Works Director, and the Acting City Surveyor to execute Final Parcel Map No. 38396.

DISCUSSION:

Final Parcel Map No. 38396 will subdivide an existing 1.2-acre parcel into two residential lots within the Eldorado Country Club at 46310 Amethyst Drive. The existing parcel contains two (2) residential structures which will be wholly contained within each newly created parcel. Approval of this parcel map will enable the applicant or subsequent owner(s) to convey ownership of either home separately.

The Planning Commission conducted a Public Hearing on May 26, 2022 and approved Tentative Parcel Map No. 38396. The Tentative Map was subsequently approved by City Council on June 8, 2022.

Final Parcel Map No. 38396 was prepared by a professional land surveyor and there are no new easements or offers of dedication included as part of the subdivision. Upon City Council’s approval, the City Engineer shall direct the filing and recording of the final parcel map in accordance with the Subdivision Map Act. The applicant(s), Bill Stampley fulfilled the terms of the Conditions of Approval as established by Council, therefore Final Parcel Map 38396 is now ready for Council approval.

Page 12 of 310 ends

CEQA:

This action has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The subdivision of land will have no significant effect on the environment and qualifies as being Categorically Exempt from CEQA pursuant to Section 15315, Minor Land Divisions.

FISCAL IMPACT:

There is no direct fiscal impact to the City as a result of this Parcel Map. The applicant has paid the fees required to process and review all the documents.

ATTACHMENTS:

1. Resolution

Page 13 of 310 ends

RESOLUTION NO. 2023-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 38396 BY FINDING

SUCH MAP IN SUBSTANTIAL CONFORMANCE WITH THE REQUIREMENTS OF APPROVED TENTATIVE PARCEL MAP 38396
WHEREAS, the City of Indian Wells (City) previously approved Tentative Parcel Map No. 38396; and
WHEREAS, the City received a request to approve Final Parcel Map No. 38396, attached hereto as Exhibit “A” and incorporated herein by this reference, based upon conformance with the requirements of approved Tentative Parcel Map No. 38396; and WHEREAS, pursuant to the City of Indian Wells Municipal Code, Section 20.24.120(a), the Public Works Director/City Engineer reviewed Final Parcel Map No. 38396 and found it to be correct in form and in substantial conformance with the approved tentative map requirements; and
WHEREAS, the City Council has considered the Staff Report and all of the information, testimony, and evidence provided during the City Council meeting on February 16, 2023.

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

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Final Parcel Map No. 38396 is APPROVED.

SECTION 3. Final Parcel Map No. 38396 shall be subject to those conditions as the approved Tentative Parcel Map No. 38396, which by this reference is incorporated herein.

SECTION 4. This Resolution shall take effect upon adoption.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail, a certified copy of this Resolution to the applicant, Bill Stampley.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 16th day of February 2023. ____________________________

DONNA GRIFFITH
MAYOR
ATTACHMENT #1

Page 14 of 310 ends

City of Indian Wells
Resolution No. 2023-01

Page 2 ends

CERTIFICATION FOR RESOLUTION NO. 2023-01

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 16th day of February 2023, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Page 15 of 310 ends

City of Indian Wells
Resolution No. 2023-01

Page 3 ends

EXHIBIT “A”

Page 16 of 310 ends

INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: Indian Wells Golf Report
Prepared by: Kevin McCarthy, City Finance Director
Subject: Indian Wells Golf Resort Emergency Repairs

RECOMMENDED ACTION:

Council APPROVES Water Filtration Repairs for $39,171 at the Indian Wells Golf Resort; and

APPROVES Irrigation Pump Replacement for $19,037 at the Indian Wells Golf Resort; and

APPROVES reallocating $58,208 from the active organic waste enclosure budget for these repairs; no supplemental appropriation is necessary, and

APPROVES authorizing the remaining $68,792 organic waste enclosure budget into the emergency replacement reserve for use at the City Manager’s discretion.

DISCUSSION:

In recent weeks, the Indian Wells Golf Resort has had two emergency repairs, water filtration repairs at the Clubhouse and replacing an irrigation pump on the Player’s golf course.

The City Manager authorized the filtration system repairs and the Player’s pump replacement consistent with Section (6)(e) of the City Fiscal Procedures Manual, which authorizes the City Manager to make emergency repairs or replacements if there is a threat to property or service disruption. The City Manager is responsible for seeking formal Council approval at the next public meeting. This Staff Report satisfies the requirement.

Page 17 of 310 ends

Clubhouse Water Filtration Repairs - $39,171

On January 6, 2023, the Chris Manager noticed the City Council regarding the need for emergency repairs at the Indian Wells Golf Resort Clubhouse due to a failure in the water filtration system. The fifteen-year-old filtration system is used to remove impurities in the water used throughout the facility (e.g., kitchen, laundry service, etc.) and to help maintain the building facility’s water infrastructure (e.g., pipes, boilers, ice machines, etc.).

The Golf Resort contacted Life Source Commercial, a commercial and restaurant water management expert, to make the repairs. The cost to repair/replace the system is $39,171.

Players Pump Station Replacement - $19,037

On February 2, 2023, the Chris Manager noticed the City Council regarding the need for emergency repairs at the Indian Wells Golf Resort.

The variable frequency drive amp for our 200-horsepower pump located at the Players pump station failed. The pump is eight years old and was serviced regularly. The average operational life cycle is 7-10 years. This pump is not the only one used to irrigate the Player’s golf course but is an integral part of the overall irrigation process. The cost to replace the pump is $19,037.

FISCAL IMPACT:

No supplemental appropriation is necessary. The City is not moving forward with the IWGR $125,000 organic waste enclosure adopted on the capital schedule. Instead, the City will reallocate $58,208 from the organic waste enclosure budget for this repair. Finally, Staff recommends placing the remaining $68,792 of the organic waste enclosure budget into the emergency replacement reserve at the City Manager’s discretion for potential future repairs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because

Page 18 of 310 ends

it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Golf Resort Water Filtration Estimate

2. Player’s Pump Replacement Estimate

Page 19 of 310 ends

523 S. Fair Oaks Avenue  Pasadena, CA 91105  Tel 800.334.5009  Fax 626.792.4214  www.LifeSourceWater.com January 5, 2023
George Edwards
Indian Wells Golf Resort
44500 Indian Wells Lane
Indian Wells CA, 92210
LifeSource Water System Proposal for Indian Wells Golf Resort Dear George,
It was a pleasure speaking with you and after review of water bill and determining scope of work that will need to be done, below is a quote for a new LifeSource Domestic Water Treatment for Indian Wells Golf Resort. A few things to consider:
•This system recommendation connects to where your 4” main •10–12-week lead time needed to build the systems
•Water to building shut off approx. 2 hrs.
•4-6 hrs. for install/ 4-6 hours for tank removal the day before •Customer Responsibility
•None
LifeSource ScaleSolver features/benefits:
•These are not water softeners
•Eliminates need for salt/mineral additives or other chemicals to prevent scale buildup •Easy to install, no electricity required, no controllers to set, no mixing/blending valves •No water wasted or brine discharge (supports local water conservation sensitivity) •Extends life and energy efficiency of most hot and cold-water appliances, fixtures, and plumbing along with boilers and water heater
•Virtually maintenance-free
LifeSource Water Filter benefits include:
•Our filters reduce and remove chlorine, dirt and sediment for clean, great tasting water from every tap •More environmentally friendly – can become valuable water quality amenity •Eliminates the need for bottled water
•Great for bathing, cleaning, cooking, laundry (use less soap and detergents) •Minimal amount of potable water during backwash from rinse line once every 12 days ATTACHMENT #1

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523 S. Fair Oaks Avenue  Pasadena, CA 91105  Tel 800.334.5009  Fax 626.792.4214  www.LifeSourceWater.com Main Line
Install Location

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523 S. Fair Oaks Avenue  Pasadena, CA 91105  Tel 800.334.5009  Fax 626.792.4214  www.LifeSourceWater.com Item Description
Option A
Units Price Total
4140LE LifeSource Commercial Filter 2” 2 $11,731.00 $23,462.00 Existing Customer Discount 10% $2,346.20
Sub-Total $21,115.80
Installation,
Delivery,
Setup
LifeSource (Installation, removal of
existing tank)
$3,500.00
Tax Indian Wells Sales Tax 7.75% $1,636.48
Total $26,252.28
Item Description
Option B
Units Price Total
4140LE LifeSource Commercial Filter 2” 2 $11,731.00 $23,462.00 SS6633LE LifeSource ScaleSolver Conditioner 2” 2 $6,145.00 $12,290.00 Existing Customer Discount 10% $3,575.20
Sub-Total $32,176.80
Installation,
Delivery,
Setup
LifeSource (Installation, removal of existing
tank)
$4,500.00
Tax Indian Well Sales Tax 7.75% $2,493.70
Total $39,170.50
George, this is a great water treatment solution for you to implement a sustainable, domestic water treatment system and water quality that all guests will enjoy. It will not only provide all with clean, healthy filtered water, but will also eliminate any and all use of bottled water. No plastic to dispose of and everyone can drink from any water source (sink, showers, bathroom faucet, etc.) but will also protect the building boilers, pipes, fixtures, appliances and water heaters, which will all last longer as a result of having the Filtration and ScaleSolver Conditioning System.

Please let me know if you have any questions.

Best regards,
Jason Sagen
Jason Sagen
Commercial Specialist
LifeSource Water Systems
911 E Colorado Blvd.

Suite 100
Pasadena, CA 91106
562-577-4183

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Cloudburst engineering, Inc
71-825 Cholla Way
Palm Desert, CA 92260 US
[email protected]
cloudburstengr.com
Estimate

ADDRESS
Indian wells
Indian Wells Golf Resort
44-500 Indian Wells Lane
Indian Wells, CA 92210

SHIP TO
Indian wells
Indian Wells Golf Resort
44-500 Indian Wells Lane
Indian Wells, CA 92210
ESTIMATE #DATE EXPIRATION DATE
1383 02/01/2023 02/24/2023

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Labor Service calls Players Pump station
Replace the 312Amp VFD for motor
# 3
1 2,000.00 2,000.00
Parts 312Amp VFD 1 15,227.00 15,227.00T
Freight Freight 1 383.00 383.00
Parts 300Amp Fuse 1 228.57 228.57T
SUBTOTAL 17,838.57
TAX 1,197.81
TOTAL $19,036.38
Accepted By Accepted Date
ATTACHMENT #2

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Council Members Attendance at 2023 Events

RECOMMENDED ACTION:

Council APPROVES the attendance of Council Member/s to events held in 2023 as identified in the staff report.

DISCUSSION:

The City Council adopted a ticket policy for pre -approval of Council Member attendance at events which serve a valid governmental or public purpose (Resolution No. 2022-36).

City Council Policy Manual Section 2.11.010 states the consent calendar staff report will include a description of the event including date and location, the Council Member/s attending, the total cost for each Council Member, and the City’s governmental or public purpose for attending the event.

PRE-APPROVAL OF EVENTS:

Description (Date and Location) Council
Member
Total
Cost
Public
Purpose
Mama’s House Annual Luncheon;
Renaissance Indian Wells Resort & Spa
Saturday, February 11, 2023 – 11:00 a.m.

Peabody

$350

Section F
(13)

Resolution No. 2022-36 Section F (13) – Promote community resources and private facilities, including charitable and non-profit organizations facilities, available for use by city residents.

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FISCAL IMPACT:

The Fiscal Year 2022-23 budget sets aside up to $2,500 for each Council Member to attend governmental or public purpose events. The Finance Department will track the expenditures and provide monthly reports to the Senior Executive Assistant. The events listed above are budgeted and do not create a new financial impact.

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: November 3, 2022, City Council/Successor Agency Joint Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the November 3, 2022, City Council/Successor Agency Joint Meeting Minutes.

ATTACHMENTS:

1. November 3, 2022, Unofficial Minutes

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1 CITY COUNCIL/SUCCESSOR AGENCY JOINT MEETING MINUTES
Thursday, November 3, 2022
1:30 p.m.

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 CITY COUNCIL AND SUCCESSOR AGENCY JOINT

MEETING, PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Reed convened the Special City Council and Successor Agency Joint meeting at 1:30 p.m. on November 3, 2022, in the City Hall Council Chamber.

B.APPROVAL OF THE FINAL AGENDA
City Attorney Todd Leishman requested Item #F- City Attorney Reports be move before Item #G-Public Comments.

A motion was made by Council Member Balocco, seconded by Council Member Sanders to Approve the Agenda as Amended. The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Recognition of Indian Wells Historic Preservation Foundation President Adele Ruxton
Mayor Pro Tem Griffith presented a plaque to Indian Wells Historic Preservation Foundation President Adele Ruxton for her years of service

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2 and thanked her on behalf of the City of Indian Wells. Ms. Adele Ruxton thanked the City for the recognition.

C.2 Indian Wells Mini Muster Plaque Recognition by Mike Lewis Mr. Mike Lewis, Palm Desert Historical Society representative, provided background on the establishment of Mini Muster. Mr. Lewis presented plaque to Indian Wells Mayor Griffith and Fire Station 55 Battalion Chief Matthew Kotz.

C.3 The Living Desert Capital Campaign Project Update by President/CEO Allen Monroe
Mr. Allen Monroe, Living Desert Chief Executive Officer thanked the City for operational support over the years. Mr. Monroe outlined the impacts of the City's support, highlighted global conservation efforts to protect endangered species, new lion ridge project, and special indoor event center to open in Fall of 2025.

D.CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman provided a reminder that State Law prohibits any campaigning activities within 100 feet of a designated voting location. Mr.

Leishman stated an official ballot drop box is located in the City Hall reception counter, therefore no campaigning activities are allowed within City Hall Chambers, lobby and front entrance.

E.PUBLIC COMMENTS
Mr. Clive Weightman and Mr. Michael Douglas, residents, expressed concerns relating to excessive noise at the Hyatt Regency Indian Wells. Mr. Lloyd Shigenaga, Mrs. Sue Shigenaga, and Ms. Carol Kent, residents, submitted written public comments expressing concerns relating to excessive noise at the Hyatt Regency Indian Wells.

F.CITY MANAGER'S REPORTS
City Manager Christopher Freeland reported Sheriff Department has been addressing the excessive noise violations at the Hyatt and staff has contacted Hyatt to inform them of the code violations. Mr. Freeland read an apology letter from Hyatt Indian Wells General Manager Dan Johnson.

There was discussion on sheriff personnel training on noise decimeters and ordinance. Lieutenant David Wright reported City has ordered equipment to monitor and enforce noise ordinance. Lieutenant Wright encouraged residents call non-emergency number for violations 760-836-3215. Mayor Reed requested

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3 memo be provided by the City Attorney clarifying the decimal noise reading location.

Mr. Freeland reported Planning Commission study session to discuss passive park is scheduled on December 7, 2022. Mr. Freeland reported Indian Wells Golf Resort is hosting Celebrity Golf League being held on April 11-12, 2023 and May 2-3, 2023.

Deputy City Manager Peter Castro shared marketing material relating to the upcoming Indian Wells Winterfest event being held at the Indian Wells Golf Resort from November 22, 2022 through January 1, 2023. Mr. Castro reported resident Welcome Back party is being held on November 15, 2022 at 5:30 and Tree Light Ceremony on November 18, 2023 at the Indian Wells Golf Resort.

G.CONSENT CALENDAR
Mayor Pro Tem Griffith requested Consent Item G.6 Grants-in-Aid Committee Recommendations for FY 2022-23 Grants-in-Aid Program funding be pulled for further discussion.

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 Balocco to Approve the Recommendation. The motion carried by the following vote:

AYES 5 – Balocco, Bernheimer, Griffith, Reed Sanders NOES 0 –
G.2 Ordinance Amending Chapter 3.23 Pertaining to the Collection of Transportation Uniform Mitigation Fees

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4 It was determined to ADOPT Ordinance No. 746 to read as follows:

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 Balocco to Approve the Recommendation. The motion carried by the following vote:

AYES 5 – Balocco, Bernheimer, Griffith, Reed Sanders NOES 0 –
G.3 Approval to Restructure the Golf Resort’s Fiscal Year 2022-23 Capital Improvement Plan
It was determined to APPROVE restructuring the Golf Resort’s Fiscal Year 2022-23 Capital Improvement Plan without the need for additional funding.

A motion was made by Council Member Sanders, seconded by Council Member Balocco to Approve the Recommendation. The motion carried by the following vote:

AYES 5 - Balocco, Bernheimer, Griffith, Reed Sanders NOES 0 -
G.4 Annual Developer Impact Fee Report
It was determined to APPROVE the Annual Developer Impact Fee Report submitted for the Fiscal Year 2021-22.

A motion was made by Council Member Sanders, seconded by Council Member Balocco to Approve the Recommendation. The motion carried by the following vote:

AYES 5 - Balocco, Bernheimer, Griffith, Reed Sanders NOES 0 -

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5 G.5 Accepting State Mandate Annual Fire Inspections in Compliance with SB 1205
It was determined to ADOPT Resolution No. 2022-39 to read as follows:

RESOLUTION NO. 2022-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Indian Wells,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY

THE FIRE CHIEF OF RIVERSIDE COUNTY FIRE DEPARTMENT

REGARDING COMPLIANCE WITH THE ANNUAL INSPECTION OF
CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 and
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

A motion was made by Council Member Sanders, seconded by Council Member Balocco to Adopt Resolution. The motion carried by the following vote:

AYES 5 - Balocco, Bernheimer, Griffith, Reed Sanders NOES 0 -
G.6 Grants-in-Aid Committee Recommendations for FY 2022-23 Grants- in-Aid Program Funding
Council Member Balocco recused himself from the discussion due to funding for Desert Arc as he is the current Chief Executive Officer. Mayor Pro Tem Griffith thanked resident Committee members for their work in reviewing applications. Council Member Bernheimer abstained from grant funding to Desert Cancer Foundation as he was past president and current board member of the foundation.

It was determined to APPROVE Grants-in-Aid Committee funding recommendations totaling $159,256 for the organizations listed in this staff report for Fiscal Year 2022-23; and

AUTHORIZE and DIRECT the City Manager to execute contracts for same.

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

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6 AYES 4 - Bernheimer, Griffith, Reed Sanders NOES 0 -
RECUSED 1 - Balocco
H. PUBLIC HEARINGS
H.1 Adopting by Reference the 2022 Edition of California Building Standards Code and Other Uniform Codes
Mayor Reed opened the public hearing at 2:31 p.m. to hear testimony in favor of or against Ordinance No. 747; hearing none, Mayor Reed closed the public hearing.

It was determined to ADOPT 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

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; and

FIND the adoption is Categorically Exempt from CEQA pursuant to Section 1506 (b)(3).

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7 A motion was made by Council Member Balocco, seconded by Council Member Bernheimer to Adopt Ordinance. The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES 0 -
I. GENERAL BUSINESS
I.1 An Ordinance Adopting an Urgency Ordinance Amending Chapter

21.85 of the Indian Wells Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and Determining the Action to be Exempt from CEQA
Todd provided an overview of the ADU Urgency Ordinance compliance requirements and highlighted changes to state law.

It was determined to ADOPT Urgency Ordinance No. 748 to read as follows:

URGENCY ORDINANCE NO. 748

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AMENDING CHAPTER 21.85 OF THE CITY OF INDIAN

WELLS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINING THE ACTION TO BE EXEMPT FROM CEQA; and

FIND that under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.

Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

A motion was made by Council Member Sanders, seconded by Council Member Balocco to Adopt Ordinance. The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES 0 -

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8 I.2 Amendment to Employment Agreement for City Manager It was determined to APPROVE Fourth Amendment to the Employment Agreement for City Manager Christopher Freeland.

A motion was made by Council Member Sanders, 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.3 Recommendation to Approve Resolution Amending the Community Assistance Funding Policy
It was determined to APPROVE Amending the Community Assistance Funding Policy.

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.4 Children’s Discovery Museum of the Desert One-Time Funding Request for Fiscal Year 2022-23
Ms. Cindy Burreson, Children's Discovery Museum Chief Executive Officer thanked the Council for consideration to fund capital improvement efforts.

It was determined to APPROVE one-time funding request of $25,000 to the Children’s Discovery Museum for Fiscal Year 2022-23.

A motion was made by Council Member Sanders, seconded by Mayor Reed to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES 0 -
I.5 Adoption of (1) an EIR Addendum and (2) a Resolution of Necessity for the Acquisition of Real Property (APN 633-360-002)
City Attorney Todd Leishman provided an overview of the hearing relating to the EIR Addendum and Resolution of Necessity for Acquisition of Real

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9 Property. City Clerk Angelica Avila confirmed the City did receive proof that the required notice was provided. City Manager Christopher Freeland provided an overview of the state mandate relating to affordable housing and gave an overview of the history leading up to the acquisition.

Mayor Reed opened for public comments. City Clerk Angelica Avila stated the City received written objections including objections received today by the property owner which were shared with the Council for consideration, and in addition the City received a written request to be heard from the property owner Attorney. Owner Attorney Mr. Michael Kehoe, Attorney representing owner, spoke on behalf of the property owner in objection to City's intent to acquire the vacant land. Mr. Ty Peabody, resident, and former Council Member submitted written public comment in opposition of the acquisition of the vacant land. Mr. Ivan Moad, resident, spoke in opposition of the acquisition and expressed concerns relating transparency. Mayor Reed closed public comments.

Mayor Reed recessed the meeting and reconvened at 3:30 p.m. City Attorney Guillermo gave an overview of the acquisition and the intent of the project.

It was determined to ADOPT Resolution No. 2022-41 to read as follows:

RESOLUTION NO. 2022-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, ADOPTING AN ADDENDUM TO THE CERTIFIED EIR FOR THE 1996 UPDATE TO THE CITY OF INDIAN WELLS
GENERAL PLAN (SCH# 94092037) WITH REGARD TO THE

PROPOSED RESOLUTION OF NECESSITY FOR THE ACQUISITION
OF APN 633-360-002; and

ADOPT Resolution of Necessity No. 2022-42 to read as follows:

RESOLUTION NO. 2022-42

RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE

INTEREST IN CERTAIN REAL PROPERTY, BY EMINENT DOMAIN,

LOCATED ON THE NORTHEAST CORNER OF MILES AVENUE AND

WARNER TRAIL, IN THE CITY OF INDIAN WELLS, MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 633-360-
002, IN RIVERSIDE COUNTY, CALIFORNIA, FOR an AFFORDABLE

HOUSING, PUBLIC PARKING, RECREATION FACILITIES AND OPEN

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10 SPACE PROJECT.

A motion was made by Council Member Bernheimer, seconded by Council Member Sanders to Adopt Resolutions. The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES 0 -
J. SUCCESSOR AGENCY CONSENT CALENDAR
J.1 Annual Recognized Obligation Payment Schedule 2023-24 It was determined to FIND that this action is exempt under the California Environmental Quality Act per Section 15061(e) (3) of the guidelines – Review for Exemption; and

ADOPT Resolution SA No. to read as follows:

RESOLUTION SA NO. 2022- 01

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED

REDEVELOPMENT AGENCY OF THE CITY OF INDIAN WELLS,

CALIFORNIA, APPROVING AND ADOPTING A DRAFT OF THE

RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177(l).

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 -
K. COUNCIL MEMBER'S REPORTS AND COMMENTS
K.1 COUNCIL MEMBER BERNHEIMER
Council Member Bernheimer reported attending Coachella Valley Economic Partnership Summit and provided statistic information relating to population growth in the Coachella Valley..

K.2 COUNCIL MEMBER BALOCCO

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11 Council Member Balocco reported Cove Commission appointed its new Chair for the Commission. He reported Marketing Committee discussed the Winterfest event. He reported Public Safety Committee provided an overview of quarterly reports.

K.3 COUNCIL MEMBER SANDERS
Council Member Sanders reported Coachella Valley Economic Summit was well attended and provided engaging presentations.

K.4 MAYOR PRO TEM GRIFFITH
Mayor Pro Tem Griffith reported Grants In Aid Committee determined funding allocations to the different organizations. She reported Desert Community foundation AND First Bank is developing a Coachella Valley Giving Day that will allow the community to log on and give organizations of their choice. She reported Marketing Committee continues to meet to plan and discuss Winterfest in Indian Wells. She reported Historic Preservation Foundation hosted events on October 14, 2022, and October 15, 2022 to honor the owners of the Cavanagh Adobe home which is 100 years old. She further reported attending an event at the Tennis Garden to tour the behind the scenes of the tennis garden.

K.5 MAYOR REED
Mayor Reed reported Sunline Transit Agency has reached an agreement with the Union representing the drivers which has been rejected.

L. ADJOURNMENT
At 3:43 p.m., Mayor Griffith ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on December 15, 2022, in the City Hall Council Chamber.

Respectfully Submitted,

_________________________
Angelica Avila, CMC
City Clerk

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: December 15, 2022, City Council Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the December 15, 2022, City Council Meeting Minutes.

ATTACHMENTS:

1. December 15, 2022, Unofficial Minutes

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1 CITY COUNCIL MEETING MINUTES
Thursday, December 15, 2022
1:30 p.m.

Council Chamber and Remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)
44950 Eldorado Drive, Indian Wells

AND ROLL CALL
Mayor Reed convened the City Council Meeting at 1:30 p.m. on December 15, 2022, in the City Hall Council Chamber.

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

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0 -
C.ROTATION OF MAYOR AND PRESENTATIONS
C.1 Rotation of Mayor and Mayor Pro Tem - Oath of Office Mr. Donald Griffith administered the Oath of Office to Mayor Donna Griffith. Mr. Bryce Griffith presented a gavel to new Mayor Griffith.

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2 Mrs. Terry Sanders administered the Oath of Office to Mayor Pro Tem Greg Sanders.

Mayor Griffith thanked her husband Donald Griffith, son Bryce Griffith, Mother Jean Harris, friends, and City Manager Christohper Freeland for their support. Mayor Pro Tem Greg Sanders thanked his wife Terry Sanders for her support.

C.2 Presentation to Dana Reed for his service as Mayor
The Mayor and Council thanked outgoing Mayor Reed for his year of service as Mayor.

D.RESULTS OF GENERAL AND SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
It was determined to ADOPT Resolution No. 2022-47 to read as follows:

RESOLUTION NO. 2022-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, RECITING THE FACTS OF THE CONSOLIDATED GENERAL

AND SPECIAL MUNICIPAL ELECTION HELD IN THE CITY OF INDIAN WELLS NOVEMBER 8, 2022, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.

A motion was made by Council Member Sanders seconded by Council Member Balocco to Approve this Recommendation The motion carried by the following vote:

AYES: 5 - Balocco, Bernheimer, Griffith, Reed, Sanders NOES: 0 -
E.REORGANIZATION OF CITY COUNCIL
E.1 Presentation Honoring Council Member Richard Balocco and Council Member Rob Bernheimer
The Mayor and Council thanked outgoing Council Member Balocco and Council Member Bernheimer. Council Member Bernheimer thanked the Council for the opportunity to serve the Community and the City.

Councilmember Balocco thanked the Mayor, City Council, City staff and the community.

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3 E.2 Oaths of Office for Council Member Elects Ty Peabody, Bruce Whitman, and Dana Reed
City Clerk Angelica Avila administered the Oath of Office to Council Member Ty Peabody and Council Member Dana Reed. Mr. Jake Whitman administered the Oath of Office to Council Member Bruce Whitman.

E.3 Remarks and Introduction of Guests by Newly Elected Council Members
Council Member Peabody thanked outgoing Council Member Balocco and Council Member Bernheimer. Mr. Peabody thanked wife Valerie Peabody for her support over the years, outlined some of his goals for the upcoming year, and clarified information relating to an article in the Desert Sun.

Council Member Whitman thanked the community, wife Ginny Whitman, son Jake Whitman, daughter in-law Grace Whitman, and Andrew Whitman.

Mr. Whitman thanked Mayor Griffith and community friends for their support during the election campaign and looks forward to working with the Council to accomplish City goals. Mr. Whitman further thanked outgoing Council Member Balocco and Council Member Bernheimer.

Council Member Dana Reed thanked residents, the Council, and partner Ms. Nevine Kutz.

F.RECESS CITY COUNCIL FOR 10 MINUTES
Mayor Griffith reconvened the meeting of the City Council in the City Hall Council Chamber.

G.RECONVENE REORGANIZED CITY COUNCIL AND ROLL CALL
Present 5 - Mayor Griffith, Mayor Pro Tem Sanders, Council Member Peabody, Council Member Whitman, Council Member Reed
H.PUBLIC COMMENTS
Mr. Bruce Underwood, resident, recommended the Council consider holding meetings remotely through zoom, provided suggestions on proposed park, and suggested a development of a wellness program for the community.

I.CITY MANAGER'S REPORTS
The City Manager Christopher Freeland reported the Indian Wells Golf Resort Winterfest Holiday Event is open until January 1, 2023, and encouraged the community to book reservations. Mr. Freeland reported new technology Top Tracer at the Indian Wells Golf Resort has reported a successful turn out and the

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4 Golf Resort is hosting a New Year’s Eve Winter Carnival Event. Mr. Freeland thanked the Community for participating in Resident Survey as it assists Community Activities Committee to help plan upcoming events and expand resident benefits. Mr. Freeland reported Strategic Planning Session will be held on February 1, 2023, at the Indian Wells Golf Resort Celebrity Ballroom.

J.CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman congratulated new Mayor and City Council.

K.CONSENT CALENDAR
K.1 Ordinance Amending Chapter 21.31 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
It was determined to ADOPT Ordinance No. 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 Reed seconded by Mayor Pro Tem Sanders to Approve this Recommendation The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
K.2 2023 City Council Meeting Schedule
It was determined to ADOPT the 2023 City Council meeting schedule as presented.

A motion was made by Council Member Reed seconded by Mayor Pro Tem Sanders to Approve this Recommendation

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5 The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
K.3 City Council Members Attendance at 2023 Events
It was determined to APPROVE the attendance of Council Member/s at 2023 events identified in the staff report; and

AUTHORIZE any normal and reasonable reimbursement of expenses incurred by any Council Member for the events identified in the staff report.

A motion was made by Council Member Reed seconded by Mayor Pro Tem Sanders to Approve this Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
L. PUBLIC HEARINGS
No public hearings.

M. GENERAL BUSINESS
M.1 2023 Council “Draft” of Assignments to Various Internal and External Committees
The Council began the selection process with each Council Member choosing one selection from a pool available Committee, Commission, and Board assignments in the following rotation which is based on seniority:

Dana Reed, Donna Griffith, Greg Sanders, Ty Peabody, and Bruce Whitman.

The selections made by Council Member Reed were as follows: California JPIA, Riverside County Transportation Commission, Southern California Association of Governments, Coachella Valley Animal Campus Alternate, CVAG Conservation Commission & Energy Alternate, CVAG
Transportation, Sunline Transit Agency Alternate.

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6 The selections made by Mayor Griffith were as follows: CVAG Conservation Commission & Energy, CVAG Executive Committee, CVAG Homelessness, CVAG Public Safety Alternate, Community Activities, Golf Resort Advisory Committee, Grants In Aid Committee, Finance & Legal Oversight Committee, Indian Wells Personnel Committee, Indian Wells Tee Committee.

The selections made by Mayor Pro Tem Sanders were as follows: Cove Communities, Coachella Valley Economic Partnership, CVAG Homelessness Alternate, Desert Sands Unified School District, Community Activities Committee Alternate, Grants In Aid Committee Alternate, Finance & Legal Oversight Committee, Indian Wells Personnel Committee, Indian Wells Public Safety Committee, Indian Wells Tee Committee.

The selections made by Council Member Peabody were as follows: Cove Communities, Coachella Valley Animal Campus, CVAG Transportation Alternate, Sunline Transit Agency, Visit Greater Palm Springs Alternate, Golf Resort Advisory Committee, Indian Wells Marketing Committee.

The selections made by Council Member Whitman were as follows:

Coachella Valley Mountains Conservancy, Riverside County Transportation Commission Alternate, Desert Sands Unified School District, Visit Greater Palm Springs, Indian Wells Marketing Committee, Indian Wells Public Safety Committee.

It was the CONSENSUS of the Council to Approve the Recommendation.

N. COUNCIL MEMBERS' REPORTS AND COMMENTS
N.1 COUNCIL MEMBER REED
No report.

N.2 COUNCIL MEMBER WHITMAN
No report.

N.3 COUNCIL MEMBER PEABODY
No report.

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7 N.4 MAYOR PRO TEM SANDERS
Mayor Pro Tem Sanders reported Visit Greater Palm Springs selected Don Prince as the new Indian Wells Director of Tourism.

N.5 MAYOR GRIFFITH
Mayor Griffith reported CVAG Executive Committee is completing project on Interstate-10 overpass on Monroe St in Indio. She reported Coachella Valley Association of governments is working on synchronization project throughout the Valley. She reported Community Activities Committee conducted a resident survey to gather information on community interest in benefits and thanked staff.

O. ADJOURNMENT
At 3:03 p.m., Mayor Griffith ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on January 5, 2023 in the City Hall Council Chamber.

_________________________
Angelica Avila, CMC
City Clerk

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: January 5, 2023, City Council Meeting Minutes

RECOMMENDED ACTION:

Council APPROVES the January 5, 2023, City Council Meeting Minutes.

ATTACHMENTS:

1. January 5, 2023, Unofficial Minutes

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1 CITY COUNCIL MEETING MINUTES
Thursday, January 5, 2023
1:30 p.m.

City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210

Present: Mayor Griffith
Mayor Pro Tem Sanders
Council Member Peabody
Council Member Whitman
Council Member Reed
_____________________________________________________________________ A.CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE

AND ROLL CALL
Mayor Griffith convened the City Council of the City of Indian Wells at 1:30 p.m. on January 5, 2023, in the City Hall Council Chamber.

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

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Proclamation Recognizing March 1, 2023, as Coachella Valley Giving Day
Mayor Griffith presented proclamation recognizing Coachella Valley Giving day on March 1, 2023. Mr. Dick Oliphant provided a background of the

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2 Giving Day Program. Mr. Guillermo Becerra thanked the Council and community for their support.

C.2 Introduction of New Director of Indian Wells Tourism Don Prince City Manager Christopher Freeland introduced new Indian Wells Tourism Director Don Prince. Mr. Don Prince thanked the City for the opportunity and looks forward to working with the City.

C.3 Riverside County Fire Update by Battalion Chief Matthew Kotz Riverside County Fire Chief Mike Beverlin provided a 2022 breakdown of fire service calls, a comparison of previous years, and a 2022 fire department year in review. Mr. Beverlin reported a need of fire personnel and encouraged the community if interested to visit the website for training and employment opportunities. There was discussion on future equipment replacements and clarification on hotel service calls.

C.4 Riverside County Sheriff Update by Lieutenant David Wright Indian Wells Lieutenant David Wright provided a quarterly update on service calls, end year statistics, and update on traffic enforcement operations.

Lieutenant Wright reported grant opportunities for supplemental enforcement efforts and assistance relating to code enforcement violations.

Lieutenant Wright reported meeting with the Homeowner Associations throughout the community. There was clarification and discussion relating to crime opportunity in the community.

C.5 Southern California Edison Update by Aaron Thomas
Southern California Edison Government Relations Manager Aaron Thomas introduced himself as the City’s representative. Mr. Thomas provided information relating to available $50,000 scholarship through Edison for high school students. There was discussion and clarification relating to transformer failure and solar reimbursement opportunities.

D.PUBLIC COMMENTS
No public comments.

E.CITY MANAGER'S REPORTS
City Manager Christopher Freeland reported a City Strategic Planning Session is scheduled on February 1, 2023, at 9:00 a.m. in the Indian Wells Golf Resort Celebrity Ballroom and stated various discussion topics would be discussed during the session. Mr. Freeland stated the Indian Wells Golf Resort Strategic Planning

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3 Session will be scheduled in March. Mr. Freeland reported record breaking occupancy stay in November by hotel partners and the City received $1 million in transient occupancy tax. Mr. Freeland reported Frontier is working on fiber optic placement in the City outside of gated communities. Mr. Freeland further reported Burrtec is working with staff on organic waste recycling program to be fully implemented by May and stated educational material and meetings would be provided to the community.

F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported California State legislation has remained focused on housing laws and the City Attorney office is working with the City's Housing Element consultant to address new requirements. Mr. Leishman noted there is a of bill that would allow school districts to build affordable housing in school districts property for their employees.

G. CONSENT CALENDAR
G.1 City Treasurer’s Report for November 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for November 2022.

A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody. A motion was made by the following vote:

AYES: 4 - Griffith, Peabody, Reed, Sanders
NOES: 0 -
ABSTAIN 1 - Whitman
G.2 October 6, 2022, City Council Meeting Minutes
It was determined to APPROVE the October 6, 2022, City Council Meeting Minutes.

A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody. A motion was made by the following vote:

AYES: 4 - Griffith, Peabody, Reed, Sanders
NOES: 0 -
ABSTAIN 1 - Whitman

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4 G.3 October 14, 2022, Special Council Meeting Minutes It was determined to APPROVE the October 14, 2022, Special Council Meeting Minutes.

A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody. A motion was made by the following vote:

AYES: 4 - Griffith, Peabody, Reed, Sanders
NOES: 0 -
ABSTAIN 1 - Whitman
G.4 November 28, 2022, Special Closed-Session Meeting Minutes It was determined to APPROVE the November 28, 2022, Special Closed- Session Meeting Minutes.

A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody. A motion was made by the following vote:

AYES: 4 - Griffith, Peabody, Reed, Sanders
NOES: 0 -
ABSTAIN 1 - Whitman
G.5 November 28, 2022, Special Council Meeting Minutes
It was determined to APPROVE the November 28, 2022, Special Council Meeting Minutes.

A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody. A motion was made by the following vote:

AYES: 4 - Griffith, Peabody, Reed, Sanders
NOES: 0 -
ABSTAIN 1 - Whitman
H. PUBLIC HEARINGS
No public hearings.

I. GENERAL BUSINESS
I.1 Annual Review of FPPC Gift Restrictions, City Ticket Distribution Policy, and City Campaign Contribution Reporting Requirement

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5 City Attorney Todd Leishman provided an overview of the ticket distribution policy, Fair Political Practices Commission gift restrictions, campaign reporting's, and contribution reporting requirements.

It was the CONSENSUS of the City Council to Receive and File information report.

J. COUNCIL MEMBERS' REPORTS
J.1 Request to Place on a Future Agenda Discussion on Possible Changes to the Recreational Vehicle Permit Process
Mayor Pro Tem Sanders stated changes to the recreational vehicles permit process was brought before the Council by former Council Member Bernheimer and recommends reviewing the process for possible changes.

It was determined to DIRECT City Attorney to draft changes to the recreational vehicle parking ordinance to eliminate the permit process for Council consideration.

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

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
J.2 Request to Place on a Future Agenda Discussion relating to the Indian Wells Golf Resort Management Agreement
Council Member Peabody recommended the Council consider request for proposal for the Golf Resort Management.

It was determined delay the request for proposal discussion and direction until the Golf Resort Strategic Planning in March.

A motion was made by Council Member Whitman, seconded by Council Member Reed to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 –

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6 It was determined to DIRECT staff draft a staff report for Golf Resort Strategic Planning to include request proposal qualifications and provide a timeline of the process.

A motion was made by Council Member Whitman, seconded by Council Member Peabody to Approve the Recommendation. The motion carried by the following vote:

AYES: 4 - Griffith, Peabody, Reed, Whitman
NOES: 1 - Sanders
J.3 Request to Place on a Future Agenda Discussion Regarding Request for Proposals for City Attorney Services
Council Member Peabody recommended the Council consider request for proposal for Legal Services.

There was discussion to conduct review of legal services during Attorney review in May and decide at that time based on performance if there is a need to move forward with request for proposal. There was recommendation to add request for proposal for legal services to the discussion during City’s Strategic Planning Session.

A motion was made by Council Member Whitman to add request for proposal discussion for legal services to the City' Strategic Planning Session on February 1, 2023. The Motion failed due to lack of second.

K. COUNCIL MEMBERS' COMMENTS
K.1 COUNCIL MEMBER REED
No report.

K.2 COUNCIL MEMBER WHITMAN
Council Member Whitman thanked the community for the opportunity to serve the City. He reported meeting with City Management and other agency representatives.

K.3 COUNCIL MEMBER PEABODY
No report.

K.4 MAYOR PRO TEM SANDERS
Mayor Pro Tem Sanders reported attending the swearing of Sheriff Chad Bianco.

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7 K.5 MAYOR GRIFFITH
Mayor Griffith reported Indian Wells Preservation Foundation has elected new board members consisting of five-members and the board is in the process of remodeling the structure and operations. She encouraged the Council and community to get involved, understand the mission of preserving the history of the City. She reported further discussion of the Foundation would be conducted at the City's Strategic Planning Session.

L. ADJOURNMENT
At 2:45 p.m., Mayor Griffith ADJOURNED the City Council meeting to a scheduled Strategic Planning Session to be held at 9:00 a.m. on February 1, 2023, in the Indian Wells Golf Resort Celebrity Ballroom.

_________________________
Angelica Avila, CMC
City Clerk

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INDIAN WELLS CITY COUNCIL
February 16, 2023

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

RECOMMENDED ACTION:

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

DISCUSSION:

Attached are the monthly cash balance and investment reports for December 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 December 31, 2022:
 The City’s cash and investments totaled $76,989,720.00  The City’s portfolio earned a 1.575% 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,

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since all possible 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.

ATTACHMENT:

1. City Treasurer’s Report

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Cetifl@te of DeMlt-RIA Federal Crcdlt Unlon 749622A10
cetifl@te of cEmlLcapltal one Bank 14042TAY3
certiR@te of Derult-Bankw6t 06652CHA2
cefrin@te of Demlt-wells Farqo Natl Bank w6t 949495408
certiflcate of tEffilt-BMW Eank North Ameri6 05580AVX9
certifl@te of tEruit-Nicolet Nation Bank 654062J22
certlflcate of Derclt-Live oak Bankinq commnv 5380361D4 Certlfi@te of Dercit-Alma Bank 0200808X4
cetificate of Demit-state Bank of lndla 856285TF8
Cenificate of Demlt-Fl6t Natl Bank of !|ccrqor TX 32112UDF Certlficate of De6it-Cente6tate Bank 152010DE4
Certificab of De6it-Nodhw6t Bank 66736A8V0
Certificate of Demsit-Encore Bank 29260M8E4
CertifiGte of Demlt-FlEt Fre€dom Bank 320278AM9
Certifl@te of Demlt-Paclflc Wstern Bank 69506YR15
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NET CASH & INVESTMENT SUMMARY DECEMBER2O22
December
2022UNRESTRICTED FUNDS

GENERAL FUND
101- GENERAL

TOTAL GENERAL FUND

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TRAFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE ''AU
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,TLO7 MAINTENANCE
218 - GAS TAX 2107.5 ENG./ADMIN
219 - GAS TAX RMRA
228 - EMERG. UPGRADE SERVICES
247 . AB 939 RECYCLING FUND
248 - SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO-1
253- INDIAN WELLS VILLAS OPERATIONS
254- MOUNTAIN VIEW VILLAS OPERATIONS
256- HOUSING AUTHORITY
271 - ELDORADO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 . CASA DORADO LLMD
274 -THE COVE LLMD
27s - SH lll/IWGR (ENTMNCE) LLMD
276 - CLUBIIW LANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - 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
288 - PROVINCE DBAD

TOTAL SPECIAL REVENUE FUNDS

CAPITAL PROJECT FUNDS
310 - PARK FACILITIES FEES
311 - TMNSPORTATION FACILITIES FEES
313 - RECREANON FACILITIES FEES
314 - PARK-IN-LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 - CAPITAL IMPROVEMENT
319 - ART IN PUBLIC PI-ACES
321 - HIGHWAY 111 CIRCUI.ATION IMP FEE

TOTAL CAPITAL PROJECT FUNDS
T:\Common\bank\Treasurer's Report\Cash 1 0Dec 22-drafl
$8,799,819.3s
8,799,819.35
December
202L
$ 6,270,546.83
6,27O,546.83
11,080.11
18,694.90
r42,778.92
r,7L3,887.94
13,668.94
88,r29.76
20,6L9.64
13,705.08
11,037.81
19,033.29
1,000.00
55,824.56
3,892,544.78
374,396.02
187,828.59
14,630.15
1,660,554.81
2,698,291.54
rr,750,74L.57
55,310.61

0.00 3,656.40
3,590.72
Lr6,603.73
11,325.56
70,220.34
5r,342.52
66,104.36
85,144.55
45,704.37
209,966.98
34,r58.70
26,336.46
54,657.66
L,965.44
78,706.38
555.949.58
9,772.69
18,796.34
L54,233.43
2,L67,843.38
t4,0L0.t7
94,6L8.r7
L8,t72.59
rL,09t.42
8,564.86
10,605.13
1,843.83
284,506.r7
3,476,L03.L0
522,948.34
258,118.96
L3,255.41
1,388,769,81
2,166,09t.54
14,554,750.28
53,543.34

0.00 3,729.34
3,159.31
71,930.08
9,480.73
79,0tt.92
58,649.58
58,661.20
93,545.02
52,713.4r
247,576.35
36,333.54
24,580.69
59,896.57
7L7.67
77,055.40
s93.786.02
24,159,192.77 26$98,465.7e
10,038.00
41,118.00
82,362.00
75,860.45
80,979.00
7,329,082.2r
447,455.24

37.208.70

0.00 0.00

0.00 0.00
39,827.00
1,735,347.r3
186,782.7t

0.70 '-t96L,957.54
811O4r1O3.60
8:39 AM2l7l2O23Page 57 of 310

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

REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE
327 - BRIDGES CAPITAL RESERVE
328 - MEDIANS & PARKWAYS CAPITAL RESERVE
329 - STORM DRAINS CAPITAL RESERVE
330 - TRAFFIC SIGNALS CAPITAL RESERVE
331 - TRAFFIC SIGNALS CAPITAL RESERVE
332 - CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPITAL RESERVE
350 - DISASTER RECOVERY RESERVE

TOTAL REPLACEMENT FUNDS

SUCCESSOR AGENCY FUNDS
4s3 - RDA (WHITEWATER)
456 - RDA OBLIGATION RETIREMENT

TOTAL SUCCESSOR AGENCY FUNDS

ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT

TOTAL ENTERPRISE FUNDS

INTERNAL SERVICE FUNDS
601 . OPEB BENEFIT FUND

TOTAL INTERNAL SERVICE FUNDS

RESERVE FUNDS
602 - COMPENSATED ABSENCES

TOTAL RESERVE FUNDS

TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS

TOTAL TRUST & AGENCY FUNDS

TOTAL ALL FUNDS

FISCAL AGENTS
253 - INDIAN WELLS VILLAS
254 - MOUNTAIN VIEW VILLAS
453 - 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
December
2022
1,992,511.80
r,79r,718.00
L,426,25r.07
720,432.00
591,375.00
540,L47.00
19,654,062.00
273,879.00
1 129.00
27,132,504.87
544,757.56
062.774.00
December
2021
L,743,602.80
r,792,873.00
r,427,07t.07
720,640.00
592,199.00
540,817.00
19,664,37t.00
124,081.00

0.00 1,
26,605,654.87
2,392,663.40

0.00 1,6071531.56

0.00 2,392,663,4O

0.00 0.00 o.o0
t,927,126.49 439 309.81
L,927,126.49 439,309.81
5B 1.403.00 506.841.00
581,403,00 606,841.O0
938.251.05 963.4L9.76
938,251.05
73,249,932.69
185,111.83
424,284.09
LL.44
12,094,086.06
t,093,549.70
822,9t8.67
963,419.76

59.00 448,88r.28
930,795.28
L7.69

0.00 L,478,978.43
970,480.51
199 .678.r9
14,819,639.98
$ 88,069,572.67
8,799,819.35
79,269,753.32
$ e8,o69,572.6?
3,829,153.19
$ 69,768,012.19
6,27OF46.83
63,497,465.36s 69.768,012.19
-
T:\Common\bank\Treasurer's Report\Cash 1 0Dec 22-draft a:39 AM2l7l2O23Page 58 of 310

INDIAN LSELW The Gity of lndian Wells
Portfolio Management
Portfolio Summary
December 31,2022
City of lndian Wells
44-950 Eldorado Drive
lndian Wdls CA92210
(760)346-2489cAt_tF0Rf,ilA
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 Farninds
Cunent Year
Average Daily Balance
Effective of Return
The
Kevin
Par Market
Value
1,488,285.58
1 2,962,864.63
3,000,875.23
6,559,391.42
9,085,610.00
38,014,403.00
743,224.OO
Book
Valrra
1,493,000.00
1 2,962,854.63
3,000,876.23
6,982,000.00
1 0,048,353.87
41,700,490.64
802,1 34.63
%ot
Portfolio Term
1,826
1 1
1,766
1,456
1,649
1,449
Days to
Maturity
YTM
360 Equiv.365 Equiv.
1,493,000.00
12,962,864.63
3,000,876.23
6,982,000.00
1 0,000,000.00
41,700,000.00
800,000.00

1.94 16.84

3.90 9.07

13.05 54.1 6

1.O4
94 1
1 904
820
1,114
715

2.844

2.143

0.500

1.684

1.695
1 .361

0.653

2.884

2.173

0.507

1.707

1.719

1.380

0.662
76,938,740.86 71,854,654.86 76,989,720.00 100.00% 1,294 ao2 1.554 1.575 December 31 illonth EndinE
98,911.41
74,867,139.76

1.56%
cash flow fom revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked{o-Market" on a monthly basis.

Reporting period'l 2,01/2022-'1213'1 12022 Portfolio CITY AP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.'1
Run Date: 02/05/2023 - 20:'15 No fiscal year history available

Page 59 of 310 ends

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
December 3'1,2022
Purchase
Dala Par Value
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
1,493,000.00
12,962,864.63

0.00 12,962,864.63
Market Value
244,632.50
249,217.50
246,378.08
249,067.50
249,882.50
249,107.50
1,488,285.58
12,962,864.63

0.00 12,962,864.63
Stated
BookValue R.ta
YTM Daysto
360 Maturitv
Page {
Maturity
Date
o2t0712023
03t29t2023
07t2012023
04t25t2023
01t11t2023
o4t25t2023
03t28t2025
0912112027
07t22t2025
07n6no24
o2t17t2027
021712027
0313112025
0612612024
o9t21t20?7
04t30t2025
FitchCUSIPlnvestment #
Bank Certificates of Deposit
01 748DBA3
173't2QH69
321 't oYLK9
38148PG43
61747MF63
795450N84
Managed Pool Accounts - LAIF
SYS21
SYS23
lsguer
Allegiance Bank Texas

CITIBANK NA
First National Bank of America
Goldman Sachs Bank
Morgan Stanley Bk NA
460
463
473
464
457
465 Sallie Mae
Subtotal and Average
Average
1,493,000.00
13,055,767.86
784,545.77
0210712018
0312912018
07t20t2018
04t2512018
01t11t2018
04t2512018
07t01t2020
245,000.00
250,000.00
248,000.00
250,000.00
250,000.00
250,000.00
1,493,000.00
12,962,864.63

0.00 12,962,864.63

2.',173

0.233

2.143

0.230

2.84 94

2.143

2.600

2.850

3.150

3.000

2.650

3.050

2.564

2.811

3.107

2.959

2.614

3.008
37 87
200
114
10 114
21 23
LAIF - City
LAIF - Redevelopment
Subtotal and Average
Money Market Sweep/Checking Account
SYSl
SYS6
SYST
SYSs
SYS1O
SYS9
SY52
SYS3
SYS4
SYS19
SYS5
08t31t2021
08t30t2022
o8t30t2022
071o112020
07to1t2020
2,767,162.21

0.00 15,026.86

0.00 18,500.86
175,905.20

0.00 0.00
22,281.10
2,000.00

0.00 2,767,162.21

0.00 15,026.86

0.00 18,500.86
175,905.20

0.00 0.00
22,281.10
2,000.00

0.00 2,767,162.21

0.00 15,026.86

0.00 18,500.86
175,905.20

0.00 0"00
22,281.10
2,000.00

0.00 1
6 7
8 10
9 2
3 4
19 5
515
574
525
501
561
562
512
499
573
518
Pacific Western Bank
Pacif ic Western Bank'Ambulance
Pacifi c V1/estern-PublicFundsM MA
US Bank Money Market
US Bank Money Market-4591
US Bank Money Market-4590
Pacific Western - Acct Payable
Pacffi c V1/estern-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
071o112020
07to1t20?o

0.250

2.160

4.1 00

4.080
0_200
o.247

0.000

2.130

0.000

4.044

4.O24

0.000

0.1 97

0.000
0 000
Negotiable CD's
0200808X4
0523928T3
06063HMS9
06652CH42
07371AYE7
07371 cE88
05580AVX9
14042T4Y3
14042RUJ8
15201QDE4
Subtotal and Average
Alma Bank
Ausfin Telco Fed Credit Union
Bank of Baroda
Bank\ bst lnc.

Beal Bank - Plano TX
Beal Bank USA

BMW BANK NORTH AMERICA
Capital One Bank USA NA
Capital One NA
Centerstate Bank NA
3,000,876.23
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
3,000,876.23
233,017.50
241,555.00
225,843.00
239,124.66
224,870.O0
224,870.O0
233,885.00
238,821.83
242,667.50
229,834.OO
3,000,876.23
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

0.s00
03t3112020
0912112022
07t22t2020
07t26nu9
02t23t2022
0212312022
03131n020
07 t1812019
09t2112022
0413012020

1.400

3.800

0.700

2.000
'1.900

1.900

1.550

2.300

3.900

1.250

1.380

3.748

0.690

1.973

1.874

1.529

0.000

1.233
a17
1,724
933
572
1,508
1,508
820
542
1,724
850
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 0205/2023 - 20:'15
Report Ver. 7.3.6.1

Page 60 of 310 ends

The City of lndian Wells
Portfolio Management
Portfolio Details - Investments
December 31,2022
Purchase
Date Par Value
Page2
Stated YTM Days to Maturity
Book Value P.ra Fitch 360 MaturitvcustPlnvestment #
Negotiable CD's
200334M86
2s4673U18
29260M8E4
32027BAMg
321 12UDR9
39573181',|
5380361D4
64034KAG6
654062J22
66736A8V0
69s06YRL5
70962LAS1
7496224L0
856285TF8
87164XR65
89235MKY6
90348JFF2
949495AO8
Medium Term Corporate Notes
06048Vmr31
06048\ JM72
06406R4N7
17330PJ83
48128G2Q2
46632FRU1
6122854E6
95001 D6U9
lssuer
Comenity Capital Bank
Discrver 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 Vl/estern 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 Natl 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
484
480
520
521
517
550
514
558
513
519
522
557
498
516
575
548
483
507
Average
5,982,000.00
10,049,1/O.08
1 0/30/201 8
10t03t2018
04t30t2020
o4EO12020
04t2812020
06t1612021
o3t31t2020
02/0?,2022
o3R1t2020
0413012020
04t30t2020
09t2912021
06t2412019
04t2912020
09t2312022
04t2212021
10t30t2018
01t28t2020
05t28t2021
07t3012021
05t14t2020
0712912022
0212612021
01t2212021
07t1712020
04t3012020
07t29t2020
0611712021
06t2u2021
06t30t2021
07t28t2021
o2t17t2021
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
6,982,000.00
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
Market Value
247,685.00
247,665.00
237,812.43
237,653.07
231 ,191.52
220,580.00
232,922.50
221,472.50
232,942.50
230,325.00
229,834.00
217,449.21
243,863.13
23'l,753.52
243,185.00
222,015.00
247,815.O0
248,738.55
6,559,391.42
860,590.00
819,230.00
929,1 90.00
1,972,040.00
865,170.00
1,71 1,960.00
942,270.00
985,160.00
9,085,610.00
1 ,807,180.00
'l,775,660.00
1,768,320.00
1,819,280.00
2,651,070.00
887,510.00
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
6,982,000.00
1,000,000.00
1,000,000.00
1 ,008,812.02
2,000,000.00
1,000,000.00
2,000,000.00
I ,039,541.85
1,000,000.00
10,048,353.87
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00

1.684 904
10i30t2023
1010312023
04t30t2024
0413012024
04t28t2025
06t1612026
03t31t2025
o2t02t2027
03t31t2025
0413012025
04t30t2025
09t29t2026
12n6t2023
04t29t2025
09t23t2027
0412212026
1012712023
0111712023
05t28t2026
07t3012026
0412412025
07t29no23
o?j2612026
0112212026
0610112025
0413012023

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

2.150

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

1.184

1.190

3.720

0.789

0.690

0.819

2.959

0.572

0.888

0.789

0.730

0.858

0.616
302
275
485
485
848
1,262
820
1,493
820
850
850
1,367
359
849
1,726
1,207
299
16 549
556
524
570
538
533
526
523
529
552
553
554
555
534
Subtotal and Average

0.580

0.900

0.800

0.740

0.870

0.625
1,243
1,306
844
209
1,152
1,'l 17
882
119
940
1,261
1,268
911
1,304

1.143
0712912025
0611512026
06n212026
0613012025
07t2812026
0211712026

1.595 820
Federal Agency lssues - Callables
31 33ELZ80
3133EMH21
31 33EML67
31 33EMN99
3133EMVW3
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
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 02105/2023 - 20:15

Page 61 of 310 ends

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
December 31,2022
Purchase
Date Par Value Market Value
Stated
BookValue R'ra

Page 3 ends

YTM Days to Maturity
Fitch 360 MaturitvcustPlnvestment #
Federal Agency lssues - Callables
3130A16G4
31 30AL6J8
313OALDN1
31 30ALHZ0
313041J62

3.I3OALMM3
3130A1V167
3130AM\ /57
3130AQV1iF6
313OAQWJ8
31304Q255
3130ARCV1
313OARGE5
3't30AS320
3130AS567
31 30ASS91
3134G\ rcGg
3134GXMX9
3134GXQP2
3134GXUM4
31 36G4C43
3135GA223
Miscellaneous Securities - Coupon
255651KY6
63877NMM6
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. Natl Mortgage Assoc
Subtotal and Average
Subtotal and Average
Total and Average
Dixon CA Unified School Dist
Naiomas CA Sch Dist AA lnsured
535
536
539
541
542
544
546
55'l
559
560
563
565
566
568
571
572
530
564
567
569
527
532
537
531
Average
Rrl2nac
41,700,498.87
802,187.18
74,867,139.76
02t25t2021
02t2412021
03t16t2021
0311812021
03t24t2021
0313012021
0412212021
0613012021
02t2512022
02t24t2022
03t1012022
0312812022
0412112022
05t2612022
08t16t2022
08t10t2022
07t30t2020
0312512022
0412812022
0610712022
o8t14t2020
11t1712020
o211a12021
10t0112020
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
41,700,000.00
500,000.00
300,000.00
800,000.00
76,938,740.86
886,100.00
1,773,820.OO
1,780,760.00
904,630.00
891,990.00
1,790,460.00
896,440.00
1,782,460.00
911,530.00
908,230.00
922,500.00
1,929,660.00
936,1 10.00
1,643,713.00
988,310.00
960,760.00
91 3,120.00
949,430.00
960,900.00
977,560.00
1,808,020.00
1,788,880.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,490.64
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
4t,700,490.54
502,1 34.63
300,000.00
802,134.63
76,989,720.00
02t25t2026
02n412026
0311612026
06n8no25
$n4t2026
03t30t2026
04t22t2026
06/30/2026
0212512027
02J2412027
0311012027
0312812024
04lTno27
11t26t2024
08t16t2027
08t10t2027
0413012025
03t25t2025
04128no25
0610712024
08l't412025
11t17t2025

0.600

0.625

0.800

0.530

0.875

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

0.621

2.170

2.988

3.008

0.64'l

0.552
1,151
'l ,150
1,170
899
1,178
1,'t84
1,207
1,?76
1,516
1 ,515
1,529
452
1,57',|
695
1,688
1,682
850
814
848
523
956
1,051
38,014,403.00
469,450.00
273,774.00
743,224.00
71,E54,654.86

0.672

1.100
578 08tg'v2024
943 0810112025

1.361 1,114

0.395

1.085

0.653 715

1.554 802
Portfolio CITY
AP
Pt\, (PRF_PM2) 7.3.0Run Date: 02y0512023 - 20: 1 5

Page 62 of 310 ends

//; - .,
r r..,INDIAN \\ WELLS

CALIFORNIA
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
Par
201 4, 2O1 5, 2016, 2020 Series
Portfolio Management
Portfolio Summary
December 31,2022
Market
Value
Book
Value
%ol
Portfolio Te]m
Days to
Maturity
YTM
360 Equiv.lnvestments
Money Market Sweep/Checking Account
lnvestments
Value
3,726.00
3,726.00
December 31 Month Ending

3.726.00
3,726.00
3,726.00 100.00
3,726.00 100.00%
YTM
365 Equiv.

0.000 0.000

0.000 0.000
Portfolio 144
CP
PM (PRF_PMl)7.3.0
Report Ver. 7.3.6.1
Total Earnings
Current Year
Average Balance
of Return
Agency
Reporting period I 2/01 /2022-12131 12022

0.00 3,715.64

0.00%
Run Date: 021072023 - 08:1 1
No fiscal year history available

Page 63 of 310 ends

2014, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Details - Investments
December 3'|',2022
Purchase
Dale

Page 1 ends

YTM Days to Maturity
Fltch 365 Maturih,Dela
Stated
BookValue RrrF

0.00 1 53.1 6

24.66 3,548.18

0.00 3,726.00
3,726.00
CUSIP lnvestment #
Money Market Sweep/Checking Account
SYS28
SYS26
SYSz5
SYS27
SYS24
Subtotal and Average
Total and Average
28 26
25 27
1 lssuer
2014A Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
3,715.64
3,715.64
07t01t2020
07t0112020
07t01t2020
0710112020
07to1t2020
Par Value

0.00 153.16

24.66 3,548.1 8

0.00 3,726.00
3,726.00
Market Value

0.00 1 53.1 6

24.66 3,548.18

0.00 3,726.00
3,726.00

0.000

0.000
1 Portfolio 144
CP
PM (PRF_PM2) 7.3.0Run Date: 02022023 - 08:1 I
Report Ver. 7.3.6.1Page 64 of 310

INDIAN
.;t|'('. '1.-
,\'WELLS
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489cA[-lroRN]A
lnvestments
Money Market Sweep/Checking Account
lnvestments
Valrrc

1.00 L00
December 3l Month Ending
Par
2015 A Bonds
Portfolio Management
Portfolio Summary
December 31,2022
Market

1.00 't.00
Book
Vehre
olo ol
Portfolio Term
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 15A
CP
PM (PRF_PM'1) 7.3.0
Report Ver. 7.3.6.1

1.00 100.00

1.00 100.00%1
Total Earnings
Cunent Year
Average Daily Balance
Return
Kevin Treasurer
Reporting period I 2/01 /2022-1A31 12022

0.00 1.00

0.00%
Run Date: 02/07/2023 - 08:09 No fiscal year history available

Page 65 of 310 ends

2015 A Bonds
Portfolio Management
Portfolio Details - lnvestments
December 31,2022
Purchase
Date ParValue
Page I
YTM Days to Maturity
Fitch 365 Maturitv Dale
Stated
BookValue Rate

1.00 1.00
CUSIP lnvestment #
Money illarket Sweep/Checking Account
lssuer
2015AReserve
UBC Cost Of lssuance Escrow
Subtotal and Average
Total and Average
SYS27
SYS22
27 22
Average
Balance

1.00 1.00
08t31t2021
071o112020

1.00 0.00
'1.00

0.00 0.000

0.000
Market Value

1.00 0.00

1.00 1.00

1.00 t.00

0.000

0.000
Portfolio 15A
CP
PM (PRF_PM2) 7.3.0Run Date: 0207/2023 - 08:09
Report Ver. 7.3.6.1Page 66 of 310

INDIAN ELLS
\',)'w City of lndian Wells
44-950 Eldorado Drive
lndian Wells C492210
(760)346-2489CALI FORN IA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Value

1.00 1.00
December 31 Month Ending

1.00 100.00

1.00 100.00%

1.00 1.00
Par
2016 A Bonds
Portfolio Management
Portfolio Summary
December 31,2022
Market
Vakre
Book
Value
%ot
Portfolio Tem
Days to
Maturity 360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 164
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
I
Total Earninqs
Current Year
Average Daily Balance
Return
Kevin Agenry
Reporting petiod 1210'1 12022-1213'1 12022

0.00 1.00

0.00%
Run Date: 02/072023 - 08: 1 3 No fiscal year history available

Page 67 of 310 ends

CUSIP lnvestment #
Money Market Sweep/Checking Account
lssuer
UBC Cost Of lssuance Escrow
LJnion Bank Reserve Account
Subtotal and Average
Total and Average
2016 A Bonds
Portfolio Management
Portfolio Details - Investments
December 31,2022
Purchase
Ible Par Value

1.00 1.00
2 Average

1.00 1.00
0710112020
07t01t2020

0.00 1.00

0.000

0.000
Market Value

1.00 1.00
Stated
BookValue Fl'rp

1.00 1.00

Page 1 ends

YTM Days to Maturity
Fitch 365 Maturitv Date

0.000

0.000
Portfolio 164
CP
PM (PRF PM2) 7.3.0
SYS28
SYS33
Run Date: 020712023 - 08: 1 3
Report Ver. 7.3.6.1Page 68 of 310

-;,',-. /
t'll.\
INDIAN.,\. WELLS 2O2O A Bonds
Portfolio Management
Portfolio Summary
December 31,2022
Market
Valrra
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFCIRNiA
lnvestments
Money Market Sweep/Checking Acctunt
lnvestments
Total Earninqs
Current Year
Average Daily
Value

1.00 {.00
December3l Month Ending

1.00 1.00

1.00 100.00

1.00 100.00%
Par Book
Value
%of
Porffolio
Days to
Matudty
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 20A
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Te]m
1 Balance

0.00 1.00

0.00%
Kevin Treasuer
Reporting period 12101 12022-12131 12022
Run Date: 0207/2023 - 08:'14 No fiscal year history available

Page 69 of 310 ends

2020 A Bonds
Portfolio Management
Portfolio Details - lnvestments
December 31,2022
Purchase
Dete Par Value
Page I
YTM Days to Maturity
Fitch 365 Maturitv Daie
Stated
BookValue Rria

1.00 1.00
CUSIP lnvestment #lssuer
Money Market Sweep/Checking Account
SYSI 1 2020 A Bonds COI
SYS2 2 2020 A Bonds Reserve
Subtotal and Average
Total and Average
Average

1.00 L00
07t01t2020
07to1t2020

0.00 1.00

1.00 1.00
Market Value

1.00 1.00

0.00 1.00

0.000

0.000
1 Portfolio 20A
CP
PM (PRF_PM2) 7.3.0Run Date:02/07/2023 - 08:14
Report Ver. 7.3.6.1Page 70 of 310

I* ./4.-/(': t1 -.

INDIAN'i'WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORN IA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Value
11,706,444.34
11,70Gt,444.34
December3l Month Ending

0.00 11,673,891.77

0.00%
lo of
Portfolio
11,706,444.34 100.00
l',|,706,444.34 100.00%
11,706,444.34
11,706t,444.34
Par
2022 Bonds
Portfolio Management
Portfolio Summary
December 31,2022
Market
Value
Book
Value Tem
Days to
Maturity
1 360 Equiv.

0.000

0.000
365 Equiv.

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
of Return
Reporting peiod 1A01 12022-12131 12022
Run Date: 02/022023 - 08:16 No fiscal year history available

Page 71 of 310 ends

2 1
3 2022 Bonds
Portfolio Management
Portfolio Details - lnvestments
December 31,2022
Purchase
Datelssuer
2022 Bonds COI
2022 Bonds Project Fund
2022 Bonds Payment Fund
Average
RrhnaE
1 t,673,891.77
11,673,891.77
02t10t2022
02t10t2022
0912112022
Par Value

0.00 11,706,169.44
274.90
11,706,444.34
11,706,44434
Market Value

0.00 1 1,706,169.44
274.90
11,706,444.34
11,706,444.34

0.00 11,706,169.44
274.90
11,706,444.34
11,706,444.34
Stated
BookValue R2tc

Page 1 ends

YTM Days to Maturity
Fitch 365 Maturitv

0.000

0.000 1

0.000
Portfolio 22
CP
PM (PRF_PM2) 7.3.0
cusrP lnvestment #
Money Market Swe€p/Checking Account
SYS2
SYSl
SYS3
Subtotal and Average
Total and Average
Run Date: 02/07/2023 - 08:16
Report Ver. 7.3.6.1Page 72 of 310

26529.00000\41017061.2

INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Adopt an Ordinance Amending Chapter 21.85 of the Indian Wells Zoning Code Relating to Accessory Dwelling Units
(ADU) and Junior Accessory Dwelling Units (JADU), and
Finding the Action to be Exempt from CEQA

RECOMMENDED ACTION:

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

FINDS that, under California Public Resources Code section 21080.17, adoption of the Ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”), because the ordinance implements the state ADU law (Gov. Code § 65852.2), which also regulates JADUs, as defined by Section 65852.22; and

INTRODUCES Ordinance to be read by title only and further reading waived, amending Chapter 21.85 of the Indian Wells Zoning Code relating to ADU and JADU regulations.

REPORT IN BRIEF:

The Ordinance will amend Chapter 21.85 of the Indian Wells Zoning Code to continue to ensure that the City’s ADU and JADU regulations comply with state law and remain valid.

New laws passed in late 2022 impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). In November, the City Council adopted updated ADU regulations by way of an Urgency Ordinance to ensure compliance with the new laws (Attachment 2). To ensure that the City’s ADU regulations remain valid and enforceable, Staff is now recommending re-adoption of the same regulations, with one minor change to the timing of rental-income reporting (Attachment 3). Planning Commission reviewed the draft Ordinance and recommended approval (5-0) to City Council by Resolution at a public hearing January 26, 2023 (Attachment 1).

Page 73 of 310 ends

26529.00000\41017061.2

BACKGROUND AND ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”). Among other things, the New Amendments:
 require the City to allow certain ADUs to be higher — up to 18 or 25 feet, depending the situation,  require the City’s front setback to yield for certain ADUs,  require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them, and  remove the automatic repeal in 2025 (so now the ADU statute is permanent).

SB 897 took effect January 1, 2023. As a proactive action to maintain the validity of objective local standards, the City Council adopted an Urgency Ordinance at the November 3, 2022, council meeting to ensure that the City’s ADU regulations would comply with SB 897 on January 1, 2023.

To ensure that the City’s ADU regulations remain consistent with SB 897 and therefore legally valid, staff recommends that the City Council formally adopt the ADU regulations previously adopted under Urgency Ordinance, with one minor change to the timing of rental-income reporting (Attachment 4).

ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, adoption of an ordinance implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 65852.22 , is statutorily exempt from review under the California Environmental Quality Act (“CEQA”).

Therefore, adoption of this Ordinance is statutorily exempt from CEQA.

ATTACHMENTS:

1. PC Resolution No. 2023-01

2. City Council Urgency Ordinance Redline

3. Ordinance, with Exhibit A (updated code)

4. Updated Code Redline

Page 74 of 310 ends

ATTACHMENT #1

Page 75 of 310 ends

Page 76 of 310 ends

26529.00000\40802448.140802448.2

21.85.010 21.85.010 Purpose.

The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. (Ord. 738 § 4, 2022)

21.85.020 21.85.020 Effect of conforming.

An ADU or JADU that conforms to the standards in this Chapter will not be:
(a)(a) Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.
(b)(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c)(c) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d)(d) Required to correct a nonconforming zoning condition, as defined in Section

21.85.030(g) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. (Ord. 738 § 4, 2022)

21.85.030 21.85.030 Definitions.

As used in this Chapter, terms are defined as follows:
(a)(a) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(1)(1) An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(2)(2) A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
(b)(b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(c)(c) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(d)(d) “Efficiency kitchen” means a kitchen that includes all of the following:
(1)(1) A cooking facility with appliances.

ATTACHMENT #2

Page 77 of 310 ends

26529.00000\40802448.140802448.2
(2)(2) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(e)(e) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(1)(1) IsIt is no more than five hundred (500) square feet in size,. (2)(2) IsIt is contained entirely within an existing or proposed single-family structure,. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (3)(3) IncludesIt includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and. (4)If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(5)(4) IncludesIt includes an efficiency kitchen, as defined in Section

21.85.030(d) above.
(f)(f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (g)(g) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(h)(h) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU or JADU.
(i)(i) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(j)(j) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (k)(k) “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Ord. 738 § 4, 2022)

21.85.040 21.85.040 Approvals.

The following approvals apply to ADUs and JADUs under this Chapter:

Page 78 of 310 ends

26529.00000\40802448.140802448.2

(a) (a) Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 21.85.050 below, it is allowed with only a building permit in the following scenarios:
(1) (1) Converted on Single-Family Lot.: One (1) ADU as described in this subsection (a)(1) and one (1) JADU on a lot with a proposed or existing single- family dwelling on it, where the ADU or JADU:
(i) (i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) (ii) Has exterior access that is independent of that for the single- family dwelling; and
(iii) (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
(2) (2) Limited Detached on Single-Family Lot.: One (1) detached, new- construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (a)(1) above), if the detached ADU satisfies each of the following limitations:
(i) (i) The side- and rear-yard setbacks are at least four (4) feet. (ii) (ii) The total floor area is eight hundred (800) square feet or smaller. (iii) (iii) The peak height above grade is sixteen does not exceed the applicable height limit in subsection 21.85.050(16b) feet or lessbelow. (3) (3) Converted on Multifamily Lot.: One (1) or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under subsection (a)(3) of this Section, at least one (1) converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five25 percent (25%) of the existing multifamily dwelling units.
(4) (4) Limited Detached on Multifamily Lot.: No more than two (2) detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:

Page 79 of 310 ends

26529.00000\40802448.140802448.2

(i) (i) The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) (ii) The peak height above grade is sixteen does not exceed the applicable height limit provided in Section 21.85.050(16b) feet or lessbelow.
(b) (b) ADU Permit.
(1) (1) Except as allowed under subsection (a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 21.85.050 and 21.85.060 below.
(2) (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution. (c) (c) Process and Timing.
(1) (1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) (2) The City must act onapprove or deny an application to create an ADU or JADU within sixty (60) days from the date that the City receives a completed application. If the City doeshas not act uponapproved or denied the completed application within sixty (60) days, the application is deemed approved unless either:
(i) (i) The applicant requests a delay, in which case the sixty (60) -day time period is tolled for the period of the requested delay, or (ii) (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (Ord. 738 § 4, 2022) (3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (c)(2) above.

Page 80 of 310 ends

26529.00000\40802448.140802448.2

(3)(4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

21.85.050 21.85.050 General ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs that are approved under SectionSections 21.85.040(a) or (b) above:
(a) (a) Zoning.
(1) (1) An ADU or JADU subject only to a building permit under Section

21.85.040(a) above may be created on a lot in a residential or mixed-use zone. (2) (2) An ADU or JADU subject to an ADU permit under Section 21.85.040(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (b) Height.
(1) Except as otherwise provided by subsections (b)(2) and (3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
(2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 21.85.050(b)(4) may not exceed two stories. (5) For purposes of this subsection 21.85.050(b), height is measured above existing legal grade to the peak of the structure.
(c) (b) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

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(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) (c) Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU or JADU was created.
(e) (d) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(f) (e) Septic System. If the ADU or JADU will connect to an on-site wastewater- treatment system, the owner must include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.
(g) (f) Owner Occupancy.
(1) All ADUs permitted before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created. (1) (2) An ADU that is permitted after that dateJanuary 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. (2) (3) AllUnless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. (3) (4) AllAs required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (fg)(43) of this Section does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) (g) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) (1) Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.

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(2) (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this Section.
(3) (3) The deed restriction runs with the land and may be enforced against future property owners.
(4) (4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (5) (5) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (i) (h) Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
(1) (1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(2) (2) Within ninety (90) days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the ninety (90) -day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty (30)- day period, the City may enforce this provision in accordance with applicable law. (i) Notice of Construction.
(1) At least ten (10) business days before starting any construction of an ADU or JADU, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,

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(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction-related complaints), and
(j) (v) Contact information for the Building and& Safety Department. (2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular ADU project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation. (1) (j) Building and Safety. AllMust comply with building code. Subject to subsection (j)(2) below, all ADUs and JADUs must comply with all local building code requirements. (Ord. 738 § 4, 2022)
(2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (j)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

21.85.060 21.85.060 Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under Section

21.85.040(b) above.
(a) (a) Maximum Size.
(1) (1) The maximum size of a detached or attached ADU subject to this Section is eight hundred fifty (21.85.060 is 850) square feet for a studio or one (1)- bedroomone-bedroom unit and one thousand (1,000) square feet for a unit with two (2) or more bedrooms.
(2) (2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty50 percent (50%) of the floor area of the existing primary dwelling.
(3) (3) Application of other development standards in this Section 21.85.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (a)(2) above or of an FAR

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or, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than eight hundred (800) square feet.
(b) (b) Floor Area Ratio (FAR). No ADU subject to this Section 21.85.060 may cause the total FAR of the lot to exceed forty-five45 percent (45%), subject to subsection (a)(3) above.
(c) (c) Setbacks.
(1) (1) An ADU that is subject to this Section 21.85.060 must conform to a twenty-five (25) -foot front-yard setback, subject to subsection (a)(3) above. (2) (2) An ADU that is subject to this Section 21.85.060 must conform to four (4) -foot side- and rear-yard setbacks.
(3) (3) No setback is required for an ADU that is subject to this Section

21.85.060 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) (d) Lot Coverage. No ADU subject to this Section 21.85.060 may cause the total lot coverage of the lot to exceed fifty50 percent (50%), subject to subsection (a)(3) above. (e) (e) Minimum Open Space. No ADU subject to this Section 21.85.060 may cause the total percentage of open space of the lot to fall below fifty50 percent (50%), subject to subsection (a)(3) above.
(f) Height. No ADU subject to this Section may exceed sixteen (16) feet in height above grade, measured to the peak of the structure.
(f) (g) Passageway. No passageway, as defined by Section 21.85.030(h) above, is required for an ADU.
(g) (h) Parking.
(1) (1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 21.85.030(k) above.
(2) (2) Exceptions. No parking under subsection (hg)(1) of this Section is required in the following situations:
(i) (i) The ADU is located within one-half (½) mile walking distance of public transit, as defined in Section 21.85.030(j) above. (ii) (ii) The ADU is located within an architecturally and historically significant historic district.

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(iii)(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under Section 21.85.040(a)(1) above. (iv)(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v)(v) When there is an established car share vehicle stop located within one (1) block of the ADU.
(vi)When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(2)(i) through (v) above.
(3)(3) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (h)(i) Architectural Requirements.
(1)(1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(2)(2) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(3)(3) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(4)(4) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(5)(5) The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet.
(6)(6) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (7)(7) All windows and doors in an ADU are less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

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(i) (j) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) (1) At least one fifteen (15) -gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one twenty-four (24) inch box size-inch-box sized plant shall be provided for every ten (10) linear feet of exterior wall.
(2) (2) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed. (3) (3) All landscaping must be drought-tolerant. (4) (4) All landscaping must be from the City’s approved plant list. (j) (k) Historical Protections. An ADU that is on or within six hundred (600) feet of real property that is listed in the California Register of Historic Resources must do both of the following:
be (1) Comply with the Secretary of the Interior’s Objective Standards for Preservation, Rehabilitation, Restoration, or Reconstruction the Treatment of Historic Properties, as applicable.
(2) Be located so as to not be visible from any public right-of-way. (Ord. 738 § 4, 2022)

21.85.070 21.85.070 Fees.

The following requirements apply to all ADUs and JADUs that are approved under Section

21.85.040(a) or 21.85.040(b) above.
(a) (a) Impact Fees.
(1) (1) No impact fee is required for an ADU or JADU that is less than seven hundred fifty (750) square feet in size. For purposes of this Sectionsubsection (a), “impact fee” means a “fee” under the Mitigation Fee Act (GovernmentGov. Code Section§ 66000(b)) and a fee under the Quimby Act (GovernmentGov. Code Section§ 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(2) (2) Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(b) (b) Utility Fees.

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(1) (1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. (2) (2) Except as described in subsection (b)(1) of this Section, converted ADUs on a single-family lot that are created under Section 21.85.040(a)(1) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required. (3) (3) Except as described in subsection (b)(1) of this Section, all ADUs that are not covered by subsection (b)(2) of this Section require a new, separate utility connection directly between the ADU and the utility.
(i) (i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. (ii) (ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. (Ord. 738 § 4, 2022)

21.85.080 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) Unpermitted ADUs constructed before 2018.
(1) Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law (Gov. Code § 65852.2) or this ADU ordinance (Chapter 21.85).
(4)(2) Exceptions:
(i) Notwithstanding subsection 21.85.080(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

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(ii) Subsection 21.85.080(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

21.85.08021.85.090 21.85.080 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 21.85.010 through 21.85.07021.85.080 of this Chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title. (Ord. 738 § 4, 2022)

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26529.00000\41017064.2
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDIAN WELLS AMENDING CHAPTER 21.85 OF THE CITY

OF INDIAN WELLS MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND DETERMINING THE ACTION TO BE

EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 took effect January 1, 2023, and if the City’s ADU regulations did does not comply with the requirements imposed by SB 897 by that date, all of the City’s ADU regulations would have become null and void as a matter of law; and WHEREAS, to ensure that its ADU regulations complied with SB 897, the City amended its ADU regulations by urgency ordinance on November 3, 2022; and WHEREAS, the City desires now to re-adopt the November 2022 amendments to its ADU regulations, with only a minor change to the timing of rental-income reporting.

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

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17, adoption of an ordinance implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22the California, is statutorily exempt from review under the Environmental Quality Act (“CEQA”). This Ordinance implements Section 65852.2, so adoption of this Ordinance is statutorily exempt from CEQA.

ATTACHMENT #3

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City of Indian Wells
Ordinance No. __

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Section 3. Chapter 21.85 of the Indian Wells Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference.

Section 4. This ordinance takes effect 30 days after its adoption.

Section 5. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

Section 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. The City Council hereby directs staff to prepare, execute and file with the County Clerk a Notice of Exemption within five working days of first reading of this ordinance.

Section 8. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. (Continues on next page)

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City of Indian Wells
Ordinance No. __

Page 3 ends

PASSED, APPROVED AND ADOPTED by the City Council of Indian Wells, California, at a regular meeting of the City Council held on the ____day of ___, 2023.

________________________

DONNA GRIFFITH
MAYOR

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS)

CERTIFICATION FOR ORDINANCE NO. _____

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. ____, having been introduced at a regular meeting of the City Council on February 16 2023, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ____ day of _____, 2023 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of said City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

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City of Indian Wells
Ordinance No. __

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EXHIBIT A
Amended ADU Regulations
(follows this page)

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CHAPTER 21.85 ACCESSORY DWELLING UNITS

21.85.010 Purpose.

21.85.020 Effect of conforming.

An ADU or JADU that conforms to the standards in this Chapter will not be:
(a)Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.
(b)Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c)Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d)Required to correct a nonconforming zoning condition, as defined in Section

21.85.030(g) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

21.85.030 Definitions.

As used in this Chapter, terms are defined as follows:
(a)“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(1)An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(2)A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
(b)“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

Attachment #4
Exhibit A

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(c) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(d) “Efficiency kitchen” means a kitchen that includes all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(e) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(1) It is no more than 500 square feet in size.
(2) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single- family structure.
(3) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. (4) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(5) It includes an efficiency kitchen, as defined in Section 21.85.030(d) above. (f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (g) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(h) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (i) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(j) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

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(k) “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

21.85.040 Approvals.

The following approvals apply to ADUs and JADUs under this Chapter:
(a) Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 21.85.050 below, it is allowed with only a building permit in the following scenarios:
(1) Converted on Single-Family Lot: One (1) ADU as described in this subsection (a)(1) and one (1) JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22.
(2) Limited Detached on Single-Family Lot: One (1) detached, new- construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (a)(1) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection 21.85.050(b) below.
(3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways,

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attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under subsection (a)(3) of this Section, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in Section 21.85.050(b) below.
(b) ADU Permit.
(1) Except as allowed under subsection (a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 21.85.050 and 21.85.060 below. (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution.
(c) Process and Timing.
(1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily

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dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (c)(2) above. (4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

21.85.050 General ADU and JADU requirements.

The following requirements apply to all ADUs and JADUs that are approved under Sections 21.85.040(a) or (b) above:
(a) Zoning.
(1) An ADU or JADU subject only to a building permit under Section

21.85.040(a) above may be created on a lot in a residential or mixed-use zone.
(2) An ADU or JADU subject to an ADU permit under Section 21.85.040(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (b) Height.
(1) Except as otherwise provided by subsections (b)(2) and (3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

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(3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 21.85.050(b)(4) may not exceed two stories.
(5) For purposes of this subsection 21.85.050(b), height is measured above existing legal grade to the peak of the structure.
(c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (d) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (e) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(f) Septic System. If the ADU or JADU will connect to an on-site wastewater- treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(g) Owner Occupancy.
(1) An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. (2) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.

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(3) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (g)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director.

The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this Section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(5) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

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(i) Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(2) Within 90 days after the end of each yearly anniversary of thecalendar year following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. (j) Building & Safety.
(1) Must comply with building code. Subject to subsection (j)(2) below, all ADUs and JADUs must comply with all local building code requirements.
(2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (j)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

21.85.060 Specific ADU requirements.

The following requirements apply only to ADUs that require an ADU permit under Section 21.85.040(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this Section

21.85.060 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

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(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(3) Application of other development standards in this Section 21.85.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this Section 21.85.060 may cause the total FAR of the lot to exceed 45 percent, subject to subsection (a)(3) above. (c) Setbacks.
(1) An ADU that is subject to this Section 21.85.060 must conform to a 25- foot front-yard setback, subject to subsection (a)(3) above. (2) An ADU that is subject to this Section 21.85.060 must conform to 4-foot side- and rear-yard setbacks.
(3) No setback is required for an ADU that is subject to this Section 21.85.060 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) Lot Coverage. No ADU subject to this Section 21.85.060 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (a)(3) above. (e) Minimum Open Space. No ADU subject to this Section 21.85.060 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection (a)(3) above.
(f) Passageway. No passageway, as defined by Section 21.85.030(h) above, is required for an ADU.
(g) Parking.
(1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Section 21.85.030(k) above.
(2) Exceptions. No parking under subsection (g)(1) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in Section 21.85.030(j) above.

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(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under Section 21.85.040(a)(1) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(2)(i) through (v) above. (3) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (h) Architectural Requirements.
(1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(2) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(3) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(4) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(5) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (6) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. (7) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows)

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clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (i) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch-box sized plant shall be provided for every ten linear feet of exterior wall.
(2) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (3) All landscaping must be drought-tolerant.
(4) All landscaping must be from the City’s approved plant list. (j) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

21.85.070 Fees.

The following requirements apply to all ADUs that are approved under Section

21.85.040(a) or 21.85.040(b) above.
(a) Impact Fees.
(1) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (a), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(b) Utility Fees.
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

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(2) Except as described in subsection (b)(1) of this Section, converted ADUs on a single-family lot that are created under Section 21.85.040(a)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(3) Except as described in subsection (b)(1) of this Section, all ADUs that are not covered by subsection (b)(2) of this Section require a new, separate utility connection directly between the ADU and the utility. (i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

21.85.080 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (b) Unpermitted ADUs constructed before 2018.
(1) Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law (Gov. Code § 65852.2) or this ADU ordinance (Chapter 21.85).
(2) Exceptions:
(i) Notwithstanding subsection 21.85.080(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

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(ii) Subsection 21.85.080(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

21.85.090 Nonconforming ADUs and discretionary approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 21.85.010 through 21.85.080 of this Chapter may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

Summary report:

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Christopher Freeland, City Manager
Subject: 2023 City Council Strategic Planning Session

RECOMMENDED ACTION:

Council REVIEWS and APPROVES the action items from the 2023 City Council Strategic Planning Session.

DISCUSSION:

Strategic planning determines where an organization is going over the next year or more, how it's going to get there, and how it'll know if it got there or not. This is the City’s “Game Plan.” The focus of a strategic plan is to outline the goals of the City Council for the entire community/organization over a period (one, three, or five years are common).

Goals-based planning starts with focusing on the organization's vision and/or values, selecting projects and programs to meet and achieve the goals, analyzing the resources needed and available resources, and finally, who will do what and by when.

Goal setting by the City Council has the following benefits:
 Formally adopted City Council Goals provide official direction to plan and organize resources to ensure their completion.
 The strategic plan is used to identify funding priorities for inclusion in the City’s two-year budget.
 A better understanding by citizens and staff of the City Council’s plans as a single governing body for the future of the City of Indian Wells.  Goals are established to meet the changing needs of the community.  City staff is more focused and effective in addressing City Council priorities.  City staff is more accountable to the City Council for achieving City Council Goals.

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At the February 1, 2023, City Council Strategic Planning Session, the City Council provided the following recommended goals and activities for 2023.

City Council Fiscal Policies
The City has begun developing the Fiscal Year 2023-2025 Budget. The City Council and Housing Authority adopted the following financial goals for 2023 to be included in the budget discussion.
 Continue the Council Policy of reserving $2 million annually for long-term capital replacements.
 Continue the Council Policy of maintaining a fully funded pension program.  Educate the Council on the merits of the Public Safety and Capital Community Facilities Districts and bring them back for further discussion.  Directed the Finance Committee to review the following financial goals of the City. o Develop a plan to expand the pension program to pre-fund future pension obligations.
o Examine a new revenue measure designed to diversify revenue streams and provide a dedicated funding source to address future funding needs of the City (e.g., public safety cost increases).
o Provide direction on the best use of one-time loan funds being paid to the City by the former RDA.

Capital Improvement Program Update
The Capital Improvement Program (CIP) is the City’s comprehensive multi-year plan for the development of the City’s capital facilities, improvements, and maintenance. The plan outlines the expected capital projects over a five-year period. Capital improvement projects include the construction, acquisition, expansion, rehabilitation, or non-routine maintenance work that generally exceeds $5,000 and results in the creation or preservation of a City capital asset.

Council recommended goals for 2023:
 Develop a new five-year CIP as part of the upcoming budget cycle.  Continue investing in the street maintenance program to achieve a City average Pavement Condition Index of 80 points or higher.
 Maintain and add healthy, vibrant, and water conscience landscaping citywide.  Perform annual sidewalk repairs to remove tripping hazards.

Provide Responsive, Innovative, and Efficient Public Safety The City continues to emphasize public safety as a significant priority, addressing matters in real-time as well as at Coffee with a Cop event, quarterly Public Safety Committee meetings, quarterly updates to the City Council, and during the annual State of the City

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event. Through contract services with the Riverside County Sheriff’s and Fire Departments, the City maintains a safe and low-crime environment for residents and visitors.

Council recommended goals for 2023:
 Continue monitoring the various public safety initiatives in the Strategic Planning Session report and provide regular updates to the Public Safety Committee and the City Council.
 Examine opportunities for the Sheriff’s Department and Public Works to address further speeding in the community.
 Continue offering various emergency preparedness training for residents sponsored by the City and at participating HOAs.
 Complete the update to the City’s Local Hazard Mitigation Plan.

Tourism Update and Opportunities

The Tourism program, in collaboration with Visit Greater Palm Springs, strategically supports the resort partners to influence growth in Transient Occupancy Tax (TOT). The programs developed create demand for the product of Indian Wells by building brand awareness and strategically leveraging Indian Wells to develop and execute marketing strategies to influence both group and leisure markets.

Council recommended goals for 2023:
 Evaluate and revise the City Marketing and Tourism Plan with Visit GPS’ assistance. o Evaluate where tourism funds are invested in promoting Indian Wells as a tourism destination and incorporating opportunities to highlight the Indian Wells Golf Resort.
o A review of other marketing opportunities provided by Visit GPS or other organizations will also be considered.
o Incorporate sustainability efforts into marketing materials, which has proven to be essential for conference planners when deciding where to host their meetings.
o The plan will be presented to the Marketing Committee, followed by a presentation to the full Council. In addition, a review of the City’s Incentive Program is also timely.
o Promote Indian Wells events, such as Winterfest, BNP Paribas Open, Ironman, and Pickleball.
o Evaluate the partnership with Acrisure Arena and suggest revisions to the media plan to maximize the City as the official city partner of the arena.

Evaluate Energy Efficiency Opportunities

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Energy costs are a significant expense in the City and Golf Resort’s operating budgets.

Over the years, the City has made upgrades to City facilities to become more energy efficient. In May 2021, the City approved an $8.9 million energy efficiency program to install solar at City Hall and the Golf Resort, replace inefficient heating and cooling systems, install efficient lighting, electric car chargers, backup generators, and a battery backup system at the Golf Resort.

Council recommended goals for 2023:
 Monitor the completion of the Energy Efficiency program and report to the City Council once complete. Have City Attorney review the contract with a vendor to determine if there are any legal tools to facilitate quicker installation of the system or damages from delays in implementing the project.
 Apply for the Institute for Local Government Beacon Awards that the City may qualify for.
 Replace the title of this goal with Sustainable Community Goal, which better reflects the various projects the City is working on.
 Examine opportunities to expand recycled water (purple pipe) infrastructure in the community and other sustainable best practices.

General Plan Update

A General Plan is considered the City’s Constitution and serves as the blueprint for the City’s long-term development, and has a 10-20-year horizon. Therefore, on May 21, 2020, the City selected the De Novo Planning Group to conduct the Comprehensive General Plan Update and supporting environmental analysis.

Council recommended goals for 2023:
 Continue working with De Novo Planning in collaboration with the Indian Wells Historical Preservation Foundation to complete the Historic Property Survey Report.
 Complete the City’s Comprehensive General Plan Update and Programmatic EIR in 2023.
 Continue discussions to incorporate complete streets in the community.

Identify Potential Park Sites

The City Council has instructed staff to continue to explore new recreational or park sites in the community. Staff has continued to engage resident input and provide community meetings to examine how to continue to move forward on the current passive park located at the northwest corner of Eldorado and Fairway, as well as to find other potential locations, and to include different types of amenities with potential partnership opportunities with Desert Recreation District (DRD).

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Council recommended goals for 2023:
 Council instructed staff to finalize the passive park design incorporating many of the resident comments from the Passive Park Study and bring it forward for discussion at the City Council’s March 2, 2023 meeting. The consensus was to include a possible partnership with the Indian Wells Historic Preservation Foundation.
 Research opportunity to develop park amenities on the Southwest Church property with Desert Recreation District that includes park amenities of interest to Indian Wells (e.g., Pickleball, Dog Park, and other amenities).

Community Events and Activities

The Indian Wells Community Activities Committee advises and recommends to the City Council an overall plan for encouraging and fostering community interaction among residents. Included in the committee's scope of work is proposing an annual calendar for community activities, as well as planning and implementation of such activities. The Committee comprises five members and is managed by the City Managers Department.

Some notable projects also fall in this category with Council direction, including Sister City relations and Resident Benefits.

Council recommended goals for 2023:
 Continue identifying new community events and activities for residents and seek partnerships with Desert Recreation District and other organizations that may be able to assist in providing enhanced benefits to residents.  Contact Southwest Church and Ford Elementary School to see if their choirs would perform at City events (e.g., Memorial and Veteran’s Day).  Meet with the Canadian Consulate to ascertain an interest in developing a sister city relationship with Kelowna, Canada.
 Examine the guidelines of the current Resident Benefit Program.  Analyze the Pickleball sponsorship and determine if a portion of the funds can be better utilized for the Resident Benefit Program
Develop Landscape Uniformity Along Highway 111

The landscaping along Highway 111 is an iconic characteristic of the City and requires high-quality maintenance to preserve the City’s standards. At times, the maintenance along Highway 111 is inconsistent due to a lack of attention, limited funding, the timing of maintenance, and different standards of care between the City, the five Landscape and Lighting Maintenance Districts (LLMDs) managed HOAs and commercial property owners.

Council and staff have expressed interest in developing uniform standards for landscaping materials used and consistency of maintenance efforts. The General Plan update will

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assist in this process. In addition, the staff is to discuss partnerships with HOAs along Highway 111 to discuss options for more consistent landscaping in HOA-owned areas.

Council recommended goals for 2023:
 Develop an approved list of plants suitable to maintain the City’s distinctive landscaping along Highway 111 into the General Plan update and conduct community meetings as part of a redesign of Highway 111 landscaping to reduce turf along Highway 111.
 Develop a multi-year phasing strategy to budget the removal and replacement of publicly owned palm trees throughout the City.
 Examine grant opportunities to develop a citywide tree inventory and plant new trees.
 Develop landscaping standards for commercial centers along Highway 111 that are consistent with the City's uniform standards.

Encourage and Expand Economic Development Opportunities in the Community

Economic Development opportunities in Indian Wells remain strong. Therefore, in 2020, the City Council formed an Economic Development Division of the City Manager’s Office focused on shaping the city’s future through relationship building, research, and development advocacy. These efforts were categorized into three areas: Monitoring Current and Future Development, evaluating an Enhanced Infrastructure Financing District (EIFD), and Business Assistance and Relationship Building.

Council recommended goals for 2023:

 Implement a streamlined online plan check and permit process.  Continue efforts to develop the Genton and Brixton sites, including channel improvements, and present Council with development agreements for consideration in 2023.
 Complete a report explaining the value of memberships with the various regional economic development organizations in early 2023 and before adopting the Fiscal Year 2023-25 budget.
 Conduct additional meetings with Riverside County to determine the feasibility of an EIFD.

New Initiatives for 2023

The City Council adopted the following new initiatives for 2023:

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Update Communications Plan
The residents of Indian Wells are very active and interested in the happenings of their community. Annually, the City communicates with the community through email blasts, newsletters, social media postings, specialized mailings, the city website, and cable access. The Council has expressed an interest in updating the City’s Communication Plan last updated in 2018) and expanding communication programs.

Proposed Activities for 2023
 Complete a comprehensive update to the City’s communications plan to proactively ensure that all City stakeholders (e.g., residents, businesses, Golf Resort, HOAs, etc.) receive comprehensive information promptly. The plan would also evaluate the City’s current practices for communicating with the community and seek recommendations to improve communication with all stakeholders. The plan would also be used to contact the media and cover components of the City’s emergency communications during a disaster.

Expand Partnership with the Indian Wells Preservation Foundation For the last several months, the Indian Wells Historic Preservation Foundation (IWHPF) has been cataloging all items that document the history of Indian Wells. The relationship between the City and IWHPF has never been better. The City is looking to further expand its relationship with the IWHPF in 2023 to help educate the community on the history of Indian Wells and support the IWHPF’s efforts to become more involved with its community.

Proposed Activities for 2023
 Assist IWHPF in modernizing their organization with a revised website and seek opportunities to partner on other projects of mutual interest in the coming year, including a history of the Indian Wells Golf Resort exhibit at the golf resort and possible assistance with the passive park or other projects in the community.

Review of City Administrative Processes and Municipal Code Update The City routinely reviews its administrative processes and recommends Municipal Code updates. Regular review and updates are essential to policy and procedure best practices.

Therefore, based on comments from Council Members, the community, and other stakeholders, the staff is recommending a discussion on the following activities for 2023:
 Zoning Code Update: Complete a zoning code update to the Municipal Code upon completing the General Plan.

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 City Council-appointed resident committees: City Council agreed at a future meeting the formation of an Ad-Hoc Committee be formed to review the administration of the various Council appointed resident committees.  Measure J Discussion: Measure J-City Council Term Limit Measure was adopted by voters in March 2020. In July 2020, a Council candidate and former Council Member challenged the legality of the retroactivity portion of Measure J. Riverside County Superior Court ruled in August 2020 that the measure shall apply prospectively only. Council has agreed to discuss this matter in 2023.

FISCAL IMPACT:

This staff report is informational only; there is no fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”):

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Council Ad Hoc Committee to Review Resident Committees

RECOMMENDED ACTION:

Council AUTHORIZES the formation of a Resident Committee Review Ad Hoc Committee comprised of Mayor Griffith and Council Member Whitman.

DISCUSSION:

Indian Wells Resident Committees (“advisory bodies”) provide an important service to the city. They advise the City Council on a wide variety of subjects by making recommendations on important matters. Advisory bodies are aligned with City goals and have a purpose in assisting to achieve its mission. Advisory bodies are created by Resolution, Ordinance, or other City Council action. The following resident advisory bodies include:

 Community Activities Committee
 Golf Resort Advisory Committee
 Grants In Aid Committee
 Planning Commission

The Council has expressed interest in reviewing City advisory bodies. The Council Ad Hoc will be tasked to analyze structure, efficiency, make recommendations to revamp duties and processes. Staff recommends that the Council authorize the formation of a Resident Committee Review Ad Hoc Committee, comprised of Mayor Griffith and Council Member Whitman, assisted by staff as necessary, with direction for the ad hoc committee to review all resident committee duties and prepare recommendations for discussion by the council at a future meeting.

FISCAL IMPACT:

There is no financial impact.

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INDIAN WELLS CITY COUNCIL
February 16, 2023

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

RECOMMENDED ACTION:

Council DISCUSSES funding options related to the Turf Rebate Program; and

If Council desires APPROVES Supplemental Appropriation for additional funding.

DISCUSSION:

At the October 6, 2022, City Council Meeting, the Council implemented a $500,000 turf rebate program for residential and Homeowner Association (HOA) properties. This program was developed in response to the drought declaration by the State of California requesting a reduction in water used for landscaping. The Coachella Valley Water District (CVWD) implemented their own turf rebate program to incentivize the replacement of turf with drought tolerant landscaping. The intent of this program is to reduce the amount of potable water being used for landscape irrigation.

As reported to the Council at the February 1 Strategic Planning Meeting, the City’s residential turf rebate program has proven to be very successful. The residential component of the program has exhausted its budget allocation of $300,000. However, the HOA component was not as active and has a balance of $176,100. The City Council was clear that staff prioritize the HOA applications (as of January 31) have funds reserved for their approved projects. Staff has coordinated with the Coachella Valley Water District program administrator to update the City’s program status.

As of January 31, there are 29 residential applications and four HOA applications pending.

The total pending reimbursement amount for Residential applications is $254,962 and $26,400 for the HOA applications, for a total of $281,362 pending as of January 31st Based on Council discussion, Staff was given multiple scenarios which are assessed below:

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1. Reimburse all pending applications on the waiting list as of January 31st: Reserve funds to reimburse 4-HOA applications in process and 29-Residential applications in process or on the waiting list. Make remaining HOA funds available to both HOA and Residential applications and approve a supplemental appropriation from the General Fund of $105,262.

2. Limit the program to the original $500,000 budget: Make the remaining $176,100 from the HOA available to both Residential and HOA applications. Direct Staff to distribute the funds to the HOA applications first and to the Residential applications in order of the waiting list until funds are depleted.

3. Continue the program beyond the initial $500,000 allocation: Approve a supplemental appropriation from the General Fund reserves for $105,262 to account for all current and waiting list applications and approve a supplemental appropriation from the General Fund reserves for an amount agreed upon by the City Council.

a. At the time this report was prepared, an approximately 60 additional applications have been received since January 31st. These represent an estimated $500,000 in additional rebate requests beyond the $605,262 presented in Option #3.

Staff recommends Council approve one of the three options provided above, or provide alternative direction. Staff is also seeking direction on whether to continue or discontinue the turf rebate program.

FISCAL IMPACT:

Fiscal impact is dependent on the direction provided by the City Council from the options presented above. Any additional appropriations will be drawn against the City’s General Fund.

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INDIAN WELLS TURF

REBATE PROGRAM
At dais Presentation Item 1.3:

February 16, 2023

Turf Rebate Program Components
Residential: $3/SF for minimum 200 SF
and maximum of 5,000 SF
Funding limit up to $300,000
All funds exhausted
HOA: $1/SF for maximum of 15,000 SF
Funding limit up to $200,000
Funds remaining $176,100

Waiting List Status
As of Jan 31:
29 Residential -$254,962
4 HOAs -$26,400
Total: $281,362

City Council Discussion and Direction
Fund all pending Applications submitted on or before January 31 Reimburse all pending applications on waiting list as of January 31
Make remaining funds available to both HOA and residential applications
Approve $105,262 to cover outstanding balance.

City Council Discussion and Direction
Limit the program to original $500,000 budget
Make remaining $176,100 available to both HOA and
residential applications
Process applications in order of submittal until funds are depleted. (HOA applications get funded first then residential) Program ends once all funds are expended

City Council Discussion and Direction
Continue the program beyond the initial $500,000 allocation To account for all current and waiting list applications:
Open HOA Balance of $176,100 to all projects and Approve a supplemental appropriation $324,000
Continue program: Include an amount over the $324,000
supplemental appropriation as determined by the Council

City Council Discussion and Direction
Fund all pending Applications submitted on or before
January 31
Limit the program to original $500,000 budget
Continue the program beyond the initial $500,000
allocation
Council to provide alternate direction

INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: City Manager Department
Prepared by: Peter Castro, Deputy City Manager
Subject: Resident Benefit Opportunity – Annual Tennis Ticket Allotment

RECOMMENDED ACTIONS:

Council APPROVES the proposal from Desert Champions; and

AUTHORIZES the City Manager to execute an amendment to the Host Sponsorship Agreement for the 2023 BNP Paribas Open.

BACKGROUND:

In 2006, the City of Indian Wells and Indian Wells Tennis Garden (Desert Champions) entered a Host Sponsorship Agreement for the annual BNP Paribas Open. The agreement grants the City certain rights in connection with the tennis tournament, including rights to two stadium suites (Suite 302 and 216), additional tickets for each tournament session, parking passes, food and beverage credit, and sponsor credentials.

As the host sponsor, the City also receives extensive signage, recognition, and promotional opportunities for the City during the tournament, including branding around the stadium and Indian Wells on the tennis court playing surface. This agreement has been amended on four occasions, with the most recent amendment to extend the partnership through the conclusion of the 2043 tournament. The Host Sponsorship agreement and four extensions are attached to this report.

Currently, as part of the sponsorship, the City receives the following in Stadium 1:
 Suite 216 (44 tickets per session)
 Suite 302 (32 tickets per session)
 48 tickets for each session dispersed in the box, prime loge, and loge sections.  2,500 tickets for Residents’ Day (Schedule for Thursday, March 9, 2023)

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DISCUSSION:

On January 17, 2023, Desert Champions (DC) contacted the City of Indian Wells, expressing an interest in negotiating a revision to the current allotment of tickets between the City and DC for the BNP Paribas Open. Specifically, DC is collaborating with a major corporate sponsor for the 2023 BNP Paribas Open, which is interested in acquiring the City’s Suite 216.

DC’s initial proposal was discussed at the 2023 Council Strategic Planning Session. The Council provided input on the importance of having the same or a greater number of suite tickets available to residents. There was also an expressed interest in having a full suite exchange for Suite 216 and not tickets for a partially different suite. DC stated they would work with Staff to provide a proposal to meet the Council’s request. DC’s revised proposal with the valuation attached.

Desert Champions Proposal

For the City to entertain any proposal, the staff made it clear to DC that the valuation of their proposal must exceed the current value of the City’s Suite 216. In addition, the City shared with DC that the City views these tickets as a premier Resident Benefit and that any proposal must be of not only a monetary value more significant than the valuation of Suite 216 but must be an enhancement to the current tennis benefit residents receive.

In response, DC’s new proposal to exchange Suite 216 is summarized below. As the 2023 tournament is so close to the beginning and many suites/tickets are already sold, DC provided a two-step approach to the exchange, with the 2024 proposal being offered annually through the conclusion of the 2043 tournament.

2023 BNP Paribas Open Deal Points:

DC Champions receives in 2023:
 Suite 216 (10 sessions with 44 tickets per session)

City receives in 2023:
 Suite 216 – City to retain use of Suite 216 for twelve of the twenty-two sessions (44 tickets per session). Sessions will be Wednesday, March 8 through Friday, March 10, and Monday, March 13 through Wednesday, March 15.  19 box seats for Stadium 1
 Fifteen Suite seats for all twenty-two sessions in Suite 201.  Ten Suite tickets for all twenty-two sessions in Suite 209.  These two suites are fully catered to all guests with free food and beverages. Suite 216 has food and non-alcoholic beverages supplied at a cost to the City. Guests pay for alcoholic beverages.

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DC’s monetary valuation for 2023 is as follows:
 Suite 216 is valued at $250,000 for 968 total Suite seats (all sessions).  DC’s proposal has an overall value of $482,363.64.

Net Benefit:
 Increased value to the City of $232,363.64 and 110 additional Suite seats and 19 box seats for the 2023 tournament.

2024-2043 BNP Paribas Open Deal Points:

DC Champions receives in 2024:
 Suite 216 (22 sessions with 44 tickets per session)

City receives in 2024:
 Suite 324, all twenty-two sessions (23 tickets per session)  Suite 327, all twenty-two sessions (28 tickets per session)  Ten Suite tickets for all twenty-two sessions in Suite 201 and 209.  These two suites are fully catered to all guests with free food and beverages. Suite 324 and 327 has food and non-alcoholic beverages supplied at a cost to the City. Guests pay for alcoholic beverages.

DC’s monetary valuation for 2024, and every year following, is as follows:
 Suite 216 is valued at $250,000 for 968 total seats (all sessions)  DC’s proposal has an overall value of $507,932

Net Benefit:
 Increased value to the City of $257,932 and 594 additional Suite seats.

It is also important to note that Suite 324 and 327 will be for the City’s exclusive use throughout the tournament each year.

Staff performed the attached valuation of DC’s proposal that included the monetary value of Suite 216 being proposed for exchange compared to the value of DC’s offer, including the potential loss of admission tax. The City collects a 10% City Admission Tax from each tennis ticket sold. However, the admission tax does not apply to suites that are part of a sponsorship package.

The calculation includes the maximum “potential” loss of $50,789 in admission tax revenue from the reduction in suite seats offered for sale to the public. This calculation assumes that the seats in Suites 324, 327, 201, and 209 were available through the box office and not part of a sponsorship.

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Staff’s monetary valuation of the proposal is as follows:
 City’s Suite 216 is valued at $340,000 for 968 total seats (all sessions, including the cost of food).
 DC’s proposal has an overall value of $507,932 for 1,562 total Suite seats (all sessions).
 The maximum “potential” loss in admission tax revenue is $50,789.

Net Benefit:
 Increase value of $117,103 (including the maximum potential loss in admissions tax) and 594 additional new Suite seats.

ATTACHMENTS:

1. Proposal

2. Suite Valuation

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TICKET ALLOTMENT
2023-2024
At dais Presentation Item 1.4:

February 16, 2023

Current Sponsorship Benefits
Suite 216 (44 tickets per session)
Suite 302 (32 tickets per session)
48 tickets for each session dispersed in the box, prime loge, and loge sections
2,500 tickets for Residents’ Day (Thursday, March 9, 2023)

Ticket Proposal 2023
Desert Champions Receives
Suite 216 (10 sessions with 44 tickets per
session)
Value: $113,520
440 total seats (all sessions)
City Receives
Suite 216 (12 session with 44 tickets per session)
Suite 201 (22 session with 15 tickets per session)
Fully serviced suite w/free food and beverages
Suite 209 (22 session with 10 tickets per session)
Fully serviced suite w/free food and beverages
19 additional seats per session in the lower bowl
(Box Seats)
Value: $482,363.64
Net Benefit: Increase Value of $232,363.64 and
110 additional suite seats and 19 box seats
**Suite 302, the 48 tickets in the stadium, and Resident’s Day tickets are not affected by this proposal.

Ticket Proposal 2024 -2043
Desert Champions Receives
Suite 216 (22 sessions with 44 tickets per session)
Value: $250,000
968 total seats (all sessions)
City Receives
Suite 324 (22 sessions, 22 tickets per session)
Suite 327 (22 sessions, 28 tickets per session)
Suite 201 and 209 (22 session, 10 tickets each suite, 20 total) Fully serviced suite w/free food and beverages
Value: $507,932
Net Benefit: Increase Value of $257,932 and 594 seats
**Suite 302, the 48 tickets in the stadium, and Resident’s Day tickets are not affected by this proposal.

From:Angelica Avila
To:Angelica Avila
Subject:FW: IW tennis suite
Date:Thursday, February 16, 2023 10:41:12 AM
From: Karin Barnes
Sent: Sunday, February 5, 2023 12:45 PM
To: Donna Griffith
Subject: Re: IW tennis suite

CAUTION: This email originated outside our organization. Be cautious with any links or attachments.

Hi Donna, Big mistake to give up 24 suite seats for what they are offering. Bowl seats are not a premium in the beginning of the tournament the action is on the outer courts. That stadium is so large and with the hot sun it is mostly empty the first week and a half. Desert Champions would be happy to off load more seats. Many are unsold as is, being how large a stadium it is, the finals weekend is different. The majority of IW residents can afford there own food and beverage at this event, don’t let free food entice you. A party for 75 with a player serves very few residents. Meeting space in a suite for the higher ups to fraternize does not serve the tax paying residents. I find their proposal a joke, a win, win for them, with net losses to the city. We paid for the naming rights and need to keep what we were given in exchange. I hope the city recognizes this. Thanks! Karin Barnes Sent from my iPad
On Feb 5, 2023, at 9:45 AM, Donna Griffith wrote:

Thank you so much for your email. As you may have heard my comments, for me this decision is not based on finances, but rather the Resident's experience. I have not heard from too many residents on this subject, but I tend to agree the experience one receives being able to enjoy a day of tennis in the suite is exceptional. I have attached the staff report regarding the last offer from the tennis garden so that you can review it, however, it is my belief the council will receive an updated offer from the tennis garden before the next council meeting that will hopefully include a suite in another location.

I will also speak to the Community Activities Committee about the party the city used to host and discuss the possibility of that in the future. That committee is actively looking to modify the current events per the recent survey that was taken.

Stay tuned. And again, thank you so much for your email. If you would like your

comments to be added to the comments for this item at the next meeting, I would be happy to instruct the clerk to add your email, just let me know.

From: Karin Barnes
Sent: Sunday, February 5, 2023 7:56 AM
To: Donna Griffith
Subject: IW tennis suite

CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
________________________________
Mayor Donna, Please do not be taken by the Desert Champions to give up a suite. They are dangling a carrot to give up one of our city’s best assets. You would be foolish to give it back in exchange for a lame party and some unsold tickets. The city use to host a party on resident day themselves with a player in attendance. Use common sense on this one! Karin Barnes
Sent from my iPad

2023 Suite Price / Seat Seats Sessions Tot. Seats Value Current
Current Suite 216 258$ 44 22 968 250,000.00$
Proposal
Current 216 258$ 44 12 528 136,363.64$
Additionial Suite 201 629$ 15 22 330 207,600.00$ Additionial Suite 209 629$ 10 22 220 138,400.00$ Total 22 1078 482,363.64$
Additional Value 22 110 232,363.64$
2024 Suite Price / Seat Seats Sessions Tot. Seats Value Current
Current Suite 216 258$ 44 22 968 250,000.00$
Proposal
Additionial Suite Suite 324 206$ 23 22 506 104,236.00$ Additionial Suite Suite 327 206$ 28 22 616 126,896.00$ Additionial Suite Suite 201 629$ 10 22 220 138,400.00$ Additionial Suite Suite 209 629$ 10 22 220 138,400.00$ Total 71 22 1562 507,932.00$
Additional Value 27 22 594 257,932.00$
ATTACHMENT #1

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City
Suite 216
Trade Suite 324 Suite 327 Suite 201 Suite 209
Total
Package
Value
Max Potential
(Loss) of
Admissions Tax
1 seats 44 23 28 10 10 2 Sessions 22 22 22 22 22 3 Total Seats of All
Sessions 968 506 616 220 220 4 Value per VIP
Seat
5 Seat price per
Session 351 206 206 629 629 6 Seat price per All
Sessions 7,727 4,532 4,532 13,838 13,838 7 Ticket Value 340,000 104,236 126,896 138,380 138,380 507,892 507,892 8 Admissions Tax
Rate 10.0%
9 Potential Loss (50,789)
Indian Wells Tennis Gardens Package
ATTACHMENT #2

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26529.00000\41012350.1

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Proposed Ordinance Amending Section 11.36.125 of the Municipal Code Regarding Recreational Vehicle Parking
Permits and Finds the Action to be Exempt from CEQA

RECOMMENDED ACTION:

Council INTRODUCES Ordinance to be read by title only, and further reading waived Amending Section 11.36.125 of the Municipal Core relating to Recreational Vehicle Parking; and

FINDS The action to be exempt from CEQA; and

APPROVES Municipal Text Amendment No. 2023-01 regarding recreational-vehicle parking-permit requirements or provides ALTERNATIVES and DIRECTION.

DISCUSSION:

In 2022, the City Council formed an Ad-Hoc Committee consisting of Councilmembers Muzik and Sanders to examine the Municipal Code Recreational Vehicle (RV) parking regulations. This was in response to resident concerns that some residents were exceeding the existing rules and regulations. As a result, the Ad -Hoc Committee made suggestions to the City’s Municipal Code, including the addition of a temporary permit process for RV owners who wish to have their vehicles overnight on a public street or in their personal driveways.

Last month, the Council directed the City Attorney to prepare a code amendment, for discussion that would remove the permit requirement, as the permit program has been difficult to administer, and residents have abided by the other provisions of the RV ordinance changes.

The proposed ordinance would amend Section 11.36.125, by removing the permit requirement. The regulations that attached to a permit were preserved, and some modest cleanup up the section is also proposed.

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26529.00000\41012350.1

ENVIRONMENTAL QUAITY ACT (“CEQA”):

Adoption of the proposed ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) because the amendment would not cause any direct physical change or any reasonably foreseeable indirect physical change in the environment. The amendment does not allow or disallow any use or public or private property. Nor does it change any parking restriction regarding location, duration, or frequency. It merely dispenses with an administrative permit. Therefore, adoption of the ordinance is not a “project” subject to CEQA. (Cal. Pub. Res. Code § 21065; 14 Cal. Code Regs. § 15378.)

Adoption of the ordinance is exempt because the amendment has no potential for causing a significant impact on the environment. (14 Cal. Code Regs. § 15061(b)(3).)

ATTACHMENTS:

1. Ordinance- redlined

2. Amended code as Exhibit A

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11.36.125 Parking of recreational vehicles.

Notwithstanding any other provision of this Code, the regulations of this Section govern parking of recreational vehicles.
(a)Purpose. The City’s recreational vehicle parking regulations help minimize the problems associated with parking recreational vehicles on public and private streets and property, while still affording owners of such vehicles temporary parking privileges for purposes of loading, unloading and undertaking interior maintenance and washing of such recreational vehicles. Problems associated with recreational vehicle parking include:
(1)Driving sight obstructions;
(2)Interference with mail delivery;
(3)Health and safety concerns associated with camping or habitation in vehicles;
(4)Viewshed obstructions and neighborhood aesthetic concerns. (b)Application. Notwithstanding any other provision of this Code, this Section governs the parking of recreational vehicles in the City. If there is any conflict with any provision in any other part of this Code, the provisions in this Section govern.
(c)Definition of a Recreational Vehicle.
(1)Generally.
( )(A) “Recreational vehicle” or “RV” means a vehicle designed as a structure capable of human habitation; a boat; or a trailer used for the transport of other vehicles that are used for the purpose of recreation. “Trailer” is defined as a vehicle designed for carrying persons or property on its own structure and for being drawn by another motor vehicle.
(A)(B) Exception. A van or pickup truck that: (A1) has an attached utility camper shell that is not designed for camping or human habitation; and (B2) is used primarily for transportation is excluded from this definition.
(1)(2) Examples. For the purposes of this Chapter, the following vehicles, among others, are considered recreational vehicles:
(A)Camp trailer, per California Vehicle Code Section 242; (B)Fifth-wheel travel trailer, per California Vehicle Code Section 324; ATTACHMENT #1

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(C) House car, per California Vehicle Code Section 362; (D) Trailer coach, per California Vehicle Code Section 635; (E) Mobile home, per California Vehicle Code Section 396; (F) Boat or boat trailer;
(G) Trailers used for the transport of equipment, vehicles, or animals that are used for the purpose of recreation.
(H) Recreational vehicle, per California Health and Safety Code Section 18010;
(d) Restrictions. Parking, storage, and use of recreational vehicles is restricted. (1) Parking and Storage.
(A) Generally. The parking or storage of any recreational vehicleRV on a public or private street or property is prohibited unless: (A) a temporary RV-parking permit has been issued for the vehicle in accordance with this Chapter; or (B) the vehicle is located entirely within a fully enclosed structure that is approved by the City’s Design Review Committee.
(B) Exceptions. The general rule in subsection (d)(1)(i) above(d)(1)(A) above does not apply in the following two (2)three situations:
(i) HOA Allowance. Subsection (d)(1)(i) above(d)(1)(A) above does not apply to a residential property or private street that is part of a common interest development (“CID”) to the extent that each homeowners’ association with jurisdiction over the CID has an express statement in its CC&Rs that allows for recreational vehicles to be parked within the CID. (ii) Short-Term Parking. Short-term parking (two (2) hourtwo- hour maximum) in a public parking lot or in legal street parking space is permitted when patronizing a business or visiting a park in the City. After two (2) hours have elapsed at any one (1) location or combination of locations within the City, the vehicle must relocate outside City limits for a minimum of forty-eight (48) consecutive hours.
(iii) Loading and Unloading; Twice a Week Max. An RV may be parked within the City for a maximum of 24 hours on
public or private streets and a maximum of 48 hours on
private lots for loading and unloading purposes. No more

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than two periods under this paragraph are allowed in any seven-day period for the same residence or RV.
( )(C) Overnight UseRegulations.

Generally. No person shall camp overnight within any recreational vehicle.

Exception. The prohibition in subparagraph (3)(i) above does not apply to a resident who has been granted a Temporary Use Permit in response to an emergency situation. The City may issue a Temporary Use Permit under this paragraph for overnight camping within a recreational vehicle if the resident’s primary residential structure has been deemed unsafe for human habitation due to an emergency situation. Examples of emergency situations include, but are not limited to, mudslides, floods, fires, earthquakes, wind damage, long-term power outages, or as otherwise determined by the Director of Community Development.

Temporary Parking Permit.

Anyone wishing to park a recreational vehicle on a public or private street or lot shall obtain a temporary parking permit from the City of Indian Wells.

There shall be no fee for such permit.

Application submittal and permit issuance shall be made available through the City’s website or the City’s Community Development Department.

The following restrictions shall apply to any temporary parking permit issued for a recreational vehicle:

A temporary parking permit shall only be issued to a resident of the City, for a specific recreational vehicle with a valid State vehicle license and registration.

A temporary parking permit shall only be issued for a maximum of twenty-four (24) hours on public or private streets and a maximum of forty-eight (48) hours on private lots and shall not be reissued within twenty-four (24) consecutive hours from expiration of the most recent parking permit issued. No more than two (2) temporary parking permits shall be issued within a seven (7) day period for the same residence or recreational vehicle.
( )(i) Except as expressly provided in this Chapter, temporaryRV parking on public and private streets shallunder this section (d) is only be allowed abutting the permittee’sRV-owner’s property. A temporary parking permit does not authorizeNothing in this chapter authorizes parking a vehicle in a location or

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manner that is otherwise prohibited by this Code or by the California Vehicle Code.
( )(ii) TemporaryRV parking on private lots shall beis restricted to legal driveways, or that portion of the lot area where a legal garage is or can be constructed.

Temporary parking permits shall be conspicuously displayed in the lower driver’s side of the windshield or the nearest window. The permit may be in printed form or handwritten on paper. The permit number must be clearly visible from the exterior of the vehicle to avoid a citation. The possession of a valid, unexpired permit that was not properly displayed shall not be a defense to a citation for an illegally parked recreational vehicle. ( )(iii) There shall be noNo other activity except loading or unloading of a vehiclean RV is allowed while the RV parked on a public or private street. Washing the vehicleRV or minor interior maintenance may only be performed in the area defined by subsection (e)(4)(iv) above(d)(1)(C)(ii) above.
( )(iv) No person shallmay route electrical cords, extension cords, hoses, cables, or other items on or across City sidewalks or parkways from any property to a recreational vehiclean RV parked on a public or private street at any time.
( )(v) No person shallmay make a sewer connection with a recreational vehiclean RV or dump wasteswaste from a
recreational vehiclean RV onto public or private streets or lots.

Violation of this subsection is a misdemeanor and subject to the fine amount listed in Section 1.20.030(d)(2).

In order to obtain a temporary parking permit, the following information must be supplied to the City of Indian Wells:
(5)(2) Address of the resident requesting the permit;Overnight Use. (B)(A) Name and phone number of the registered owner or person in control of theGenerally. No person shall camp overnight within any recreational vehicle;.
(B) Exception. The prohibition in subparagraph (d)(2)(A) above does not apply to a resident who has been granted an Emergency Use Permit in response to an emergency situation. The City may issue an Emergency Use Permit under this paragraph for overnight camping within a recreational vehicle if the resident’s primary residential structure has been deemed unsafe for human habitation due to an emergency situation. Examples of emergency situations include, but are not limited to, mudslides, floods, fires, earthquakes,

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wind damage, long-term power outages, or as otherwise
determined by the Director of Community Development.

License number, year, make, and model of the recreational vehicle, and general dimensions as to width, height, and length;
The dates for which the permit is desired; and
Additional information that the City Manager or his or her designee reasonably requires.
(f)(e) Violations.
(2)(1) One courtesy notice will be issued to the recreational vehicle owner for the first violation of this Code. All subsequent violations of the recreational vehicle parking requirements by the same owner or involving the same vehicle shall be citable infractions. The City may issue administrative citations in accordance with Section 1.20.030(d)(1).
(3)(2) An owner who receives three (3) administrative citations within a twelve (12) -month period, forfeits the privilege of being issuedparking a recreational vehicle parking permiton city streets for a one (1) yearone-year period, beginning on the date of the third citation.
(g)(f) Procedures for contesting administrative citation. If a recreational vehicle owner is cited for violating this Chapter, the owner or person in control of the recreational vehicle may appeal the administrative citation in accordance with Section 1.20.070. (Ord. 737 § 3, 2022)

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26529.00000\41012735.1
ORDINANCE NO. _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDIAN WELLS AMENDING SECTION 11.36.125 OF THE
MUNICIPAL CODE REGARDING RV-PARKING PERMITS;

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City has the authority under Article 11, Section 5 of the California Constitution and the City Charter to make, amend and enforce all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City desires to remove the parking-permit requirement for recreational vehicles in Section 11.36.125, Parking of Recreational Vehicles, and WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider this Ordinance was given in accordance with applicable law; and WHEREAS, on February 16, 2023, a public hearing on this Ordinance was held by the City Council; and
WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the City Council finds that this Ordinance is consistent with General Plan goals and policies pertaining to land development, city image, orderly growth, and economic development.

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

SECTION 1. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. Adoption of the proposed ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) because the amendment would not cause any direct physical change or any reasonably foreseeable indirect physical change in the environment.

The amendment does not allow or disallow any use or public or private property. Nor does it change any parking restriction regarding location, duration, or frequency. It merely dispenses with an administrative permit. Therefore, adoption of the ordinance is not a “project” subject to CEQA. (Cal. Pub. Res. Code § 21065; 14 Cal. Code Regs. § 15378.) Adoption of the ordinance is exempt because the amendment has no potential for causing a significant impact on the environment. (14 Cal. Code Regs. § 15061(b)(3).)
SECTION 3. Code Amendments. Section 11.36.125 of the Indian Wells Municipal Code are hereby amended to read in its entirety as set forth in Exhibit A hereto and incorporated herein by reference.

ATTACHMENT #2

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26529.00000\41012735.1

City of Indian Wells
Ordinance No. __

Page 2 ends

SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.

SECTION 5. Severability. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council and the people of the City of Indian Wells hereby declare that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6. Effective Date. This ordinance takes effect 30 days following its adoption.

SECTION 7. Publication. The City Clerk shall certify to the adoption of this ordinance.

Not later than 15 days following the passage of this ordinance, the ordinance, or a summary thereof, along with the names of the City Council members voting for and against the ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 16th day of February 2023.

______________________________

DONNA GRIFFITH
MAYOR

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26529.00000\41012735.1

City of Indian Wells
Ordinance No. __

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. __

I, Christopher Freeland, City Manager of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. ____, having been regularly introduced at the regular meeting of February 16, 2023 was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on __, 2023 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

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26529.00000\41011603.2

Exhibit “A”

11.36.125 Parking of recreational vehicles.

Notwithstanding any other provision of this Code, the regulations of this Section govern parking of recreational vehicles.
(a) Purpose. The City’s recreational vehicle parking regulations help minimize the problems associated with parking recreational vehicles on public and private streets and property, while still affording owners of such vehicles temporary parking privileges for purposes of loading, unloading and undertaking interior maintenance and washing of such recreational vehicles. Problems associated with recreational vehicle parking include:
(1) Driving sight obstructions;
(2) Interference with mail delivery;
(3) Health and safety concerns associated with camping or habitation in vehicles; (4) Viewshed obstructions and neighborhood aesthetic concerns. (b) Application. Notwithstanding any other provision of this Code, this Section governs the parking of recreational vehicles in the City. If there is any conflict with any provision in any other part of this Code, the provisions in this Section govern. (c) Definition of Recreational Vehicle.
(1) Generally.
(A) “Recreational vehicle” or “RV” means a vehicle designed as a structure capable of human habitation; a boat; or a trailer used for the transport of other vehicles that are used for the purpose of recreation. “Trailer” is defined as a vehicle designed for carrying persons or property on its own structure and for being drawn by another motor vehicle. (B) Exception. A van or pickup truck that: (1) has an attached utility camper shell that is not designed for camping or human habitation; and (2) is used primarily for transportation is excluded from this definition. (2) Examples. For the purposes of this Chapter, the following vehicles, among others, are considered recreational vehicles:
(A) Camp trailer, per California Vehicle Code Section 242; (B) Fifth-wheel travel trailer, per California Vehicle Code Section 324; (C) House car, per California Vehicle Code Section 362;

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26529.00000\41011603.2

(D) Trailer coach, per California Vehicle Code Section 635; (E) Mobile home, per California Vehicle Code Section 396; (F) Boat or boat trailer;
(G) Trailers used for the transport of equipment, vehicles, or animals that are used for the purpose of recreation.
(H) Recreational vehicle, per California Health and Safety Code Section 18010; (d) Restrictions. Parking, storage, and use of recreational vehicles is restricted. (1) Parking and Storage.
(A) Generally. The parking or storage of any RV on a public or private street or property is prohibited unless the vehicle is located entirely within a fully enclosed structure that is approved by the City’s Design Review Committee. (B) Exceptions. The general rule in subsection (d)(1)(A) above does not apply in the following three situations:
(i) HOA Allowance. Subsection (d)(1)(A) above does not apply to a residential property or private street that is part of a common interest development (“CID”) to the extent that each homeowners’ association with jurisdiction over the CID has an express statement in its CC&Rs that allows recreational vehicles to be parked within the CID.
(ii) Short-Term Parking. Short-term parking (two-hour maximum) in a public parking lot or in legal street parking space is permitted when patronizing a business or visiting a park in the City. After two hours have elapsed at any one location or combination of locations within the City, the vehicle must relocate outside City limits for a minimum of 48 consecutive hours.
(iii) Loading and Unloading; Twice a Week Max. An RV may be parked within the City for a maximum of 24 hours on public or private streets and a maximum of 48 hours on private lots for loading and unloading purposes. No more than two periods under this paragraph are allowed in any seven-day period for the same residence or RV.
(C) Regulations.
(i) Except as expressly provided in this Chapter, RV parking on public and private streets under this section (d) is only allowed abutting the RV-owner’s property. Nothing in this chapter authorizes parking a vehicle in a location or manner that is otherwise prohibited by this Code or by the California Vehicle Code.

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26529.00000\41011603.2

(ii) RV parking on private lots is restricted to legal driveways or that portion of the lot area where a legal garage is or can be constructed.
(iii) No other activity except loading or unloading of an RV is allowed while the RV parked on a public or private street. Washing the RV or minor interior maintenance may only be performed in the area defined by subsection (d)(1)(C)(ii) above.
(iv) No person may route electrical cords, extension cords, hoses, cables, or other items on or across City sidewalks or parkways from any property to an RV parked on a public or private street at any time.
(v) No person may make a sewer connection with an RV or dump waste from an RV onto public or private streets or lots. Violation of this subsection is a misdemeanor and subject to the fine amount listed in Section 1.20.030(d)(2).
(2) Overnight Use.
(A) Generally. No person shall camp overnight within any recreational vehicle. (B) Exception. The prohibition in subparagraph (d)(2)(A) above does not apply to a resident who has been granted an Emergency Use Permit in response to an emergency situation. The City may issue an Emergency Use Permit under this paragraph for overnight camping within a recreational vehicle if the resident’s primary residential structure has been deemed unsafe for human habitation due to an emergency situation. Examples of emergency situations include, but are not limited to, mudslides, floods, fires, earthquakes, wind damage, long-term power outages, or as otherwise determined by the Director of Community Development. (e) Violations.
(1) One courtesy notice will be issued to the recreational vehicle owner for the first violation of this Code. All subsequent violations of the recreational vehicle parking requirements by the same owner or involving the same vehicle shall be citable infractions. The City may issue administrative citations in accordance with Section

1.20.030(d)(1).
(2) An owner who receives three administrative citations within a 12-month period, forfeits the privilege of parking a recreational vehicle on city streets for a one-year period, beginning on the date of the third citation.
(f) Procedures for contesting administrative citation. If a recreational vehicle owner is cited for violating this Chapter, the owner or person in control of the recreational vehicle may appeal the administrative citation in accordance with Section 1.20.070.

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INDIAN WELLS CITY COUNCIL
February 16, 2023

To: City Council
From: Indian Wells Golf Report
Prepared by: Kevin McCarthy, City Finance Director
Chris Freeland, City Manager
Subject: City Council Golf Resort Ad-Hoc Committee Update

RECOMMENDED ACTION:

Council RECEIVES and FILES the City Council Golf Resort Ad-Hoc Committee Update.

SUMMARY:

On June 2, 2022, the City Council approved the formation of the Indian Wells Golf Resort Ad-Hoc Committee of then-Mayor Pro-Tem Donna Griffith and Councilmember Greg Sanders to assist in the development of the final Indian Wells Golf Resort (IWGR) Strategic Plan report and to address various needs of the IWGR and report back to the City Council. Below is a summary of the Ad-Hoc Committee’s actions over the last few months. Additional information will be presented at the IWGR Strategic Planning Session scheduled for March 23, 2023.

1. City Council liaison with Stone Creek on completing the Golf Resort Strategic Asset Plan.

During the 2020 City Council Strategic Planning Session, Council directed Staff to develop a comprehensive Strategic Asset Plan for the Indian Wells Golf Resort (IWGR).

The purpose of the Strategic Asset Plan is to shape the future development and operations of the Indian Wells Golf Resort with support from community stakeholders.

On May 20, 2021, the City Council selected Stone Creek Partners to develop the Strategic Asset Plan, conduct multiple community engagement sessions, meet with the City’s strategic partners, and engage with residents one-on-one. The engagement process included community meetings with:

o Indian Wells residents, including resident golfers and those residents who do not play golf.
o Indian Wells resort hotels and their guests.
o City Council members interviewed individually.
o The IWGR Golf Resort Advisory Committee interviewed individually.

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o Visit Greater Palm Springs.

A draft Golf Resort Strategic Asset Plan was disseminated to the public on May 19, 2022, containing numerous projects and programs presented by stakeholders during the community engagement process. The draft Golf Resort Strategic Asset Plan has since been revised to reflect existing restrictions on completing some initially recommended projects. For example, the existing easement agreement with the Hyatt Regency and Renaissance hotels restricts the use of the facility for golf-related purposes.

In addition, the former Redevelopment Agency bonds only allow significant changes to the original uses of those bonds once the bonds are repaid (e.g., removal of an 18- hole course for an executive course). In addition, the Coachella Valley Water District restricts permanent buildings along the Whitewater Channel without armoring the channel from erosion.

Attached is the Stone Creek Partners completed Golf Resort’s Strategic Asset Plan.

The research included in this report was primarily collected during 2021. Operating and financial results for Golf Resort have been reviewed through October 2022.

The Strategic Asset Plan is intended to become a long‐range and annual reference document to guide the asset management of the Indian Wells Golf Resort. As such, this Plan is expected to be updated over time to respond to continuing Stakeholders’ input and evolving business conditions. Highlights of the report include: a summary of the report can be found on pages 5-15, Stone Creek views of the facility’s mission are on pages 16-17, and discussion on possible facility enhancements are on pages 38-62.

Ad-Hoc Committee to also examine some of the recommended facility enhancements in 2023, including reconceptualization of the Vue restaurant; modifications to the Player’s Course; re-activation of the Fairway Grill; identify opportunities to address parking deficiencies; upgrades to the pavilion; banquet kitchen and pavilion upgrades; and improved circulation around the pavilion and 1st Tee of each course.

The Golf Resort Advisory Committee met with Stone Creek Partners on February 6, 2023.

2. Review the existing Golf Course Management Agreement and provide recommendations.

The Ad-Hoc Committee has begun reviewing the existing golf resort management agreement to develop recommendations in a successor management agreement that includes: an incentivized partnership between the City and operator where the operator is compensated based on the financial success of the facility , management

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of operations based upon approved benchmark standards (e.g., cost of sales, rounds of golf, percentage of payroll costs, etc.); customer survey results; and overall success of the facility. Contract revisions will also examine opportunities to seek capital investment from golf resort operator.

3. Revisit the computation of the Resident Amenity Fee.

Ad-Hoc Committee presented the City Auditor’s recommended adjustment to the calculation of the Resident Amenity Fee on the City’s financials to be more objective and equitable. This does not impact the amount residents pay for their rounds of golf. This was completed in 2022, and no additional changes are being discussed.

4. Recommend indirect labor cost allocation plan in Food & Beverage operations.

Finance Committee will be discussing labor cost allocation changes at their upcoming February 21st meeting. The intent is to better account for the actual cost of operating the various Food & Beverage operations, especially in the Vue, beverage cart, and food truck.

5. Revisit the presentation of the monthly financial statements.

Finance Department has provided revised monthly financial statements that better monitors the financial and operational activities of the IWGR. Additional changes to reflect new benchmarking are being developed.

6. Discussion with Golf Resort Advisory Committee on desired changes to improve the golf experience.

With the completion of the Stone Creek report, staff and golf operator to work with the Golf Advisory and Ad-Hoc Committees in 2023 to address improvements to the golf experience.

7. Provide guidance to improve the Golf Resort Campus's signage, including replacing the street monument sign along Highway 111.

Golf Resort Campus signage improvements will be discussed during the Fiscal Year 2023-2024 Budget process. In addition, signage along Highway 111 was presented as a goal to be completed in 2023 during the City Council Strategic Planning Session held on February 1, 2023.

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8. Assist with Stakeholder relationships (e.g., hotel partners).

Stone Creek report has identified this as an essential aspect of the overall success of the IWGR. Therefore, it will be the subject of discussions in 2023, especially if the City is to invest in repeating Winterfest.

9. Provide regular progress updates to the City Council.

Ad-Hoc Committee will provide its next update at the March 23, 2023, IWGR Strategic Planning Session.

To assist in the various objectives, the Golf Resort Ad-Hoc Committee visited Troon’s corporate offices and met with senior executive staff to learn about their operations and the level of support they provide the Indian Wells Golf Resort. Another visit was made to the Fairmount Princess in Scottsdale, which served as the model for the City’s recent Winterfest Celebration designed to increase tourism to Indian Wells’ hotels and golf resort properties.

The Golf Ad-Hoc Committee also visited Arrowood Golf Course in Oceanside to view how they incorporated the Top Tracer technology into their driving range. This served as the inspiration for the inclusion of Top Tracer in the Indian Wells Golf Resort.

FISCAL IMPACT

This staff report is informational only; there is no fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)

ATTACHMENT:

1. Indian Wells Golf Resort Strategic Asset Plan

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IWGR Strategic Asset Plan
1Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Strategic Asset Plan ‐Indian Wells Golf ResortStrategic Asset Plan ‐Indian Wells Golf Resort attaATTACHMENT #1

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IWGR Strategic Asset Plan
2Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Acronyms and Report Format . . . . . . . . . . . . . . . . . . .

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facility Mission . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

Performance Metrics . . . . . . . . . . . . . . . . . . . . . . . . .

Fiscal Impact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facility Enhancements . . . . . . . .. . . . . . . . . . . . . . . . . . . . .

Asset Management . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facility Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Golf Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marketing and Promotions . . . . . . . . . . . . . . . . . . . . . .

SWOT Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guest Trip Motivation . . . . . . . . . . . . . . . . . . . . . . . . . .

Appendix
A-1 Scope of Work . . . . . . . . . . . . . . . . . . . . . .

A-2 Information Sources . . . . . . . . . . . . . . . . . . . . . . .

A-3 Opportunities Not of Interest . . . . . . . . . . . . . . . . . .

A-4 About StoneCreek Partners and Team . . . . . . . . . . 3 4
5 18
21 33
40 66
73 104
111
122
127
137
138
139
140
147
169
Page
Contents
Strategic Asset Plan ‐Indian Wells Golf Resort
Golf Committee Review Version

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

Contents
Acronyms and Report Organization
Acronyms and frequently used defined terms used in this report and appendix materials, include the following:
City – without exception, all capitalized references to City are intended to refer to the City of Indian Wells.
COGS – refers to cost of goods sold, typically in a retail or services business. Easement Agreement – the agreement executed on April 8, 1985, and since amended, that allowed for the development of IWGR with its two golf courses and two destination resort hotels.
FY – refers to the City’s Fiscal year(s) ending June 30. GAAP – an acronym for generally‐accepted accounting principles as promulgated by the Financial Accounting Standards Board (FASB).
HBU – refers to highest‐and‐best‐use of a real property, according to common U.S. appraisal industry practice, there are four tests for “highest and best use” of a real property.
Hotel Partners or Partner Hotels – refers to the City’s five hotels, including the two hotels party to the IWGR Easement Agreement (the Hyatt Regency and the Renaissance Esmeralda), and the three other lodging properties located in Indians Wells (Miramonte, Sands Hotel & Spa, and the Indian Wells Resort Hotel).
IWGR – refers to the Indian Wells Golf Resort.
IWGR Core – identifies the area for potential focused “area development” at IWGR, to include the clubhouse, driving range, Wash bridge, Fairway Grill, and associated ancillary facilities.
MICE ‐is an acronym commonly used in the meetings and events industry, that includes meetings, incentives, conferences, and exhibitions. Net Operating Cash Flow – refers to total facility operating revenue less the facility’s total operating expenses, before capital expenditures and any GAAP adjustments.
NNN Lease – the “NNN” refers to a tenant lease where tenant is responsible for their share of utilities, insurance, premises maintenance, and property taxes.  Common area expense sharing is a separate matter.
Phase 1 Work – refers to this report and the research, analysis, and findings that are presented.
Phase 2 Work – refers to the interviews, meetings, and community meetings held with Stakeholders.
Placemaking – is a multidisciplinary approach to creating places and paths that are inviting, inclusive, and nurturing for gathering, interaction, and community. POV – Point of View.
SAP –Strategic Asset Plan, a reference to this report. SCP – StoneCreek Partners and consulting team for this assignment. SMERF – refers to the travel industry segment of Social, Military, Educational, Religious and Fraternal groups.
Stakeholders – this term is intended to primarily refer to “Indian Wells resident stakeholders,” although others were interviewed during the Phase 2 work.  In some instances, to be clear, we refer to Resident Stakeholders to distinguish Indian Wells residents from all other Stakeholders.
TOT – for Transient Occupancy Taxes
Single Subject per page – to allow easy updating and insertion of new materials over time, the report generally conforms to one subject on each page.    There are exceptions to this where a subject includes a list of additional considerations or options. Line‐Item Comparison Tool – throughout the report there are exhibits that show monthly financial line‐items from our IWGR operating results database, in some cases compared to another line item as an annual total.   The exhibits indicate monthly results since FY 2017 in a visual style that allows trends and patterns to be more easily identified. Appendix – some materials have been moved to an appendix section following the report, most of which is a summary of various opportunities explored but were of little or no interest to the majority of Resident Stakeholders.  As noted, these are included in the appendix simply as a record of the work.
Fieldwork Effective Date(s) ‐Research included in this report was primarily collected during 2021.   Operating and financial results for IWGR have been reviewed through October 2022.

Notes on Report Organization

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

StoneCreek Partners (“SCP”) was retained by the City of Indian Wells (the “City”) to identify alternatives to be considered in preparing a strategic asset plan for Indian Wells Golf Resort (“IWGR”).    In this capacity, SCP assembled a team to assist in this work, that included Mark Mungeam, Larry Hirsch, Mark Taylor, Craig Gladstone, and Tim Brown, each for their specific area of expertise (see the Appendix for the team’s professional background).
Over the years, IWGR has experienced losses from operation before consideration of funding for recurring capital requirements .   The City has funded operating losses and provided for capital projects by calculating and remitting subsidy payments to IWGR, referred to as the Resident Amenity Fee (totaling $7 million+ since FY 2018.  We note here that in the most recent fiscal year, the course operated at a profit for the first time – certainly, an excellent result.
We note that the City developed the Resident Amenity Fee methodology in response to the creation of its Golf Enterprise Fund.  The Resident Amenity Fee is the General Fund subsidy (expenditure) paid to the Indian Wells Golf Resort for the lost opportunity revenue that the Golf Resort, as a stand‐alone business, would have otherwise received from a non‐resident tee time.

In our scope of work, we explored numerous revenue opportunities, we reviewed the operating results (and margins) achieved by Troon Golf, and we reviewed program and physical aspects of the facility that have impacted operating results. Our exploration also included highest‐and‐best‐use considerations as well as more straightforward extensions of the IWGR golf experience.

The Strategic Asset Plan (“Plan”) – both this reference report and upcoming process, is expected to be updated over time, to respond to continuing Stakeholders input, and evolving business circumstances.

Introduction
Introduction
Shown at right, the 18th holes at IWGR’s Celebrity and Players courses.

What is included in this initial SAP report is based on Stakeholders input and ideas, inclusive of the several groups of concerned Stakeholders as noted at right.

SAP Process Stakeholders:
City of Indian Wells residents, including Resident Golfers and those residents who do not golf;
IWGR hotels and their end‐users (the guests) (referred to herein as “Partner Hotels” and “Hotel Partners”) – which we have considered as the City’s five hotels, recognizing that two of these hotels are party to the 1985 Easement Agreement (as amended),
City Council members, interviewed individually;
The IWGR Golf Resort Advisory Committee (the “Golf Committee”), interviewed individually; and
A representative of Visit Greater Palm Springs.

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

Summary

SUMMARY
We were retained to explore strategic opportunities available to IWGR, that could provide additional sources of net revenue from facility operations and to suggest an overall facility business mission for IWGR.
Over the years, IWGR has experienced losses from operation before consideration of funding for recurring capital requirements. The City has funded operating losses and provided such capital by calculating and remitting payment to IWGR, referred to as the Resident Amenity Fee. The City developed the Resident Amenity Fee methodology in response to the creation of the Golf Enterprise Fund. The Resident Amenity Fee is the General Fund subsidy (expenditure) paid to the Indian Wells Golf Resort for the lost opportunity revenue that the Golf Resort, as a stand‐alone business, would have otherwise received from a non‐resident tee time.
In our scope of work, we explored all manner of revenue opportunity as well as reviewed the operating results (and margins) as achieved by Troon. Our exploration included highest‐and‐best‐use considerations as well as more straightforward extensions of the IWGR golf experience.

One issue that was clear at the outset of our work was the lack of a clear understanding by all concerned, as to the business mission of IWGR. Over numerous stakeholder interviews and meetings, it became apparent that the original Easement Agreement expectations have evolved with consumer and marketplace circumstances to a different understanding among the Parties.

For the sustainability of the facility in an environment of continuing changing circumstances, we suggest that the facility’s mission can be stated in two parts:
First, all stakeholders expect the Indian Wells Golf Resort to be operated to maintain, if not enhance, its reputation as a premier golf experience among regional and national golf facilities.
Second, while seeking to preserve and expand Resident privileges at IWGR, it is sufficient to operate IWGR each fiscal year to meet or exceed breakeven from operations after reserves are made for capital expenditures net of any Resident Amenity Fee or subsidy paid by the City.
We note herein a related policy question for study during IWGR’s upcoming strategic planning process is confirmation of the preferred means of handling IWGR operating losses and capital requirements. There are some options:

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IWGR Strategic Asset Plan
6Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

StoneCreek Partners was tasked with exploring the highest- and-best use of IWGR, within the expressed interest of
Stakeholders.

Summary
1 Identification of alternative net revenue opportunities. Review of operating efficiencies, program, and physical factors, and post‐Covid 19 industry performance. Consideration of trends and obsolescence issues. Pursuant to Stakeholder expectations.
Within the legal structure that is in place – the Easement Agreement. We note that IWGR is a hybrid facility, a municipal course with a private course play experience.
We were retained to identify alternatives for consideration, with preferred options to be selected by Stakeholders as the strategic planning process commences. We can supply financial estimates of fiscal impact, for each scenario of interest.

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IWGR Strategic Asset Plan
7Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.
Indian Wells Golf Resort should be operated to sustain and enhance its reputation as a premier golf experience, in the region and nationally.   Sustaining this reputation will depend on identifying and securing new opportunities for IWGR revenue.
To make this happen, new revenue opportunities or confirmation of a preferred subsidy method is required, with a level of new capital investment. IWGR Net Operating Cash Flow (lor loss) even with a Reserve for Replacements included, is not a significant factor as compared to the scale of the overall Transient Occupancy Tax contribution to the City’s treasury.  Again, breakeven or better is sufficient.
Fortunately, there are such opportunities for IWGR.   And there is time, most recent operating results provide some time to make changes.

Summary
In order to preserve and potentially expand Resident
amenities, IWGR should be operated to exceed
breakeven after capital expenditures.
2

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

Summary
There is an opportunity to repurpose IWGR’s core
facilities, to enhance the experience for golfers, event guests, and other visitors.
3 New Short Game Practice Facility adjacent
to Players 1st Tee
Expansion of putting venue, to 9 holes.
Great moments at IWGR / clubhouse
Promote the Academy, as a social
experience using golf instruction
Light Celebrity Front 9
New Access Road from Fred Waring Drive
Plus:

DEFENSIBLE SPACE

SENSIBILITY

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

Summary
Expansion of Short‐Game Practice Area
We suggest consideration for development of an expanded short‐game practice facility in the area of the current Player course first tee. Practice facilities and Short Game areas provides a casual “alternative” golf offering for golf enthusiasts learn and improve their game. These facilities also provide an experience for golfers with limited time on a particular day.

Many private golf courses in the Coachella Valley have practice areas superior to what is offered at IWGR (Madison Club, Tradition Golf Club, Bighorn Golf Club, etc.) – providing a well‐conceived short‐game practice area would help IWGR to match what is offered at the best private courses.
This concept can be pursued as part of an area design study that includes the Event Pavilion, the Fairway Grill, a possible Wash bridge experience, and the potential rerouting of Players course to play entire north of the Wash. This area is highlighted in the diagram at right.
We believe this expanded / enhanced short‐game area, combined with the enhanced primary driving range, can assist in transforming IWGR’s practice facilities to a well‐regarded status among golfers.
Safety – provide ample space to provide a margin of error for novice golfers. Have bunkers not in line with other bunkers.
Variety ‐at a minimum, a practice area should replicate shots that might be required regularly on the course. If space is available, the design should cater to all types of golfers.

A great practice facility will emulate the golf course, with target greens that copy those on the golf course(s). Mowing patterns should copy the course with rough, fairway, cut and green length grass cutting definition. Also, ample available grass tee space is a big plus. Beauty ‐features should all relate to one another and be cohesive with the landscape. Maintenance ‐for consistency, the short game areas should be maintained in the same condition as the rest of the golf course. Green speeds, sand, type, grass, heights, etc. should match the facility’s golf courses.
Location – visibility of the practice area(s) from the clubhouse, is important to encourage use..
Space – the best short game practice areas are typically in the 2‐5‐acre range. Fun – practice areas that encourage the golfer to use their imagination and to get lost in the improvement process, are compelling.

Some Practice Area planning factors:

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

B
D
C
A
E
B
Summary
The compact nature of IWGR’s Core Facility can actually benefit F&B revenue – Compact gathering places tend to drive lingering, people watching, and F&B sales

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IWGR Strategic Asset Plan
11Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Summary
We have reviewed the possibilities for making the Wash bridge more of an experiential element to a golf or group event guest. There are various means to signature the Bridge, so it is a net add to the IWGR experience versus an annoyance of sorts. At the minimum is should take on a scenic quality. As part of “area development” district considerations in placemaking it could be much more.

The Wash Bridge Experience

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

Strategic Marketing Collaboration with the Partner
Hotels is worth exploration to find new common
ground.
4 Lobby presence
Website presence
Guestroom tabletop standees / table tents
Co‐promotion of some IWGR programs such as The Academy. Placemaking Tactics
Wayfinding
Enhanced pathways to/from clubhouse
The City and IWGR specifically, have a large strategic benefit with mostly new (relatively) and experienced hotel owners in place among the Partner Hotels.

Summary

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

Establish a Reserve for Capital Replacements.5
Summary
A reserve is an ordinary and usual method for accumulating capital for major replacements – each kind of FF&E can be included on the capital replacements schedule with typical useful life noted and reserved for. We note the difference between a reserve for major capital replacements and projects, versus ordinary and usual Repairs and Maintenance that is included in the facility’s operating budget.
And eliminate the Resident Amenity Fee, and all other accounting adjustments and allocations, at least in performance reporting.

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IWGR Strategic Asset Plan
14Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Destination Restaurant at Clubhouse 2nd Level.6
Summary
New outside elevator facing Indian Wells Lane (entry road). Convert Vue to a rent payment, even if mostly performance (percentage rent) based.
IWGR is situated in a region with a myriad of dining choices; let a restauranteur focus on how to best compete.
The Vue is the only aspect of operations that did not keep up with inflation since pre‐Pandemic.
Get out of the full‐service restaurant business, focus on catering, golfer F&B, and ancillary F&B at driving range, SITN, and the like. Be open to alternate concepts that could be proposed for the space.

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IWGR Strategic Asset Plan
15Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Make Changes to the Golf Courses.7
Summary
Repurposing of Players Course to Play Entirely North of the Wash. Adjust Players “envelop” accommodate IWGR Core facility changes.
Reduce bunkers on Celebrity.
Additional changes as noted in the course evaluation comments herein.

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.
8 Summary
Add additional Special Events to IWGR’s Calendar –
they’re working!
Desert Willows offers its Music + Dining Under the Stars program, something similar would work at IWGR.
We would suggest an “own the holidays” sensibility in planning special events at IWGR.

If it’s a holiday, IWGR should be a place to be.

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IWGR Strategic Asset Plan
17Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

The Easement Agreement can be renegotiated with
the Hotel Partners – as circumstance have changed for
all parties – in a good way.
It is expected that all parties to the Agreement will see some advantage in reaching a new form of cooperation agreement.
Included in restriking the Agreement could be accommodation of ROWs for new pathways to/from clubhouse, that were not in the original master plan. The original intent of the Easement Agreement is largely obviated. 4 Summary

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IWGR Strategic Asset Plan
18Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Facility Mission

FACILITY

MISSION
What is the mission of IWGR?
What are we?
One issue that was clear at the outset of our work was the lack of a clear understanding by all concerned, as to the business mission of IWGR. This is a crucial issue as the confirmation of mission impacts future quality expectations, SAP business planning, capital decisions, and how IWGR should be managed, among many related matters.

The original Easement Agreement explicitly and implicitly called for a facility offering 36 holes of championship‐caliber golf, assumed a participation from the two resort hotels, and provided for specified privileges for Indian Wells residents (as amended over the years).

Over numerous stakeholder interviews and meetings, it became apparent that the original Easement Agreement expectations have evolved with consumer and marketplace circumstances to a different understanding among the Parties.

The five Hotel Partners of the city, and particularly those that are part of the Easement Agreement, have access to IWGR as a golf amenity for their guests and as an essential placemaking backdrop for their resorts. Each of the hotels no longer exist or market themselves as golf resorts as was once the custom.

In our interviews, the hotels have not asserted a possible larger golf participation if only for one change or improvement, or another.

In terms of a municipal consideration for “highest and best use” for committing the property, financial resources, and staff resources in its oversight, Resident Stakeholders have not encouraged a different vision for IWGR other than what is generally in place. We believe this obviates any general sense of fiduciary obligation that might otherwise exist.

We note that golf is evolving to meet the leisure expectations of up‐and‐coming generations and the definition of premier will evolve with these new generations of golfers.

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IWGR Strategic Asset Plan
19Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

For the sustainability of the IWGR in a business environment of continuing changing circumstances, we suggest that the facility’s mission can be stated in two parts as noted at right.

Sustaining this reputation may depend on identifying and securing new opportunities for IWGR revenue, as opposed to depending on City subsidy of IWGR operations.

Regarding the second part of the suggested mission noted at right, we believe that operating IWGR with a Reserve for Replacements included, at breakeven, is sufficient since net profits are better used in improving the facility (our opinion). The scale of overall Transient Occupancy Tax collections are the substantial contributor to the City’s fiscal health.

IWGR and its special privileges for Residents is part of the value proposition for privately‐ owned residential real estate in Indian Wells. IWGR is valuable in this way for all residents and not solely for those who golf. IWGR also provides a community‐wide placemaking value for all residents, providing a beautiful landscaped center of community activities.

We note a related policy question for study during IWGR’s strategic planning process is confirmation of the preferred means of handling IWGR operating losses and capital requirements. There are some options:
Continue with the City directly subsidizing IWGR with the Resident Amenity Fee, as has been the practice.
Allocate a stipulated portion of the City’s Transient Occupancy Tax, instead of subsidy through the Resident Amenity Fee calculation.
Confirm new sources of net revenue to avoid operating losses and seek to directly fund IWGR capital requirements from facility operations.

Facility Mission – for Consideration
Facility Mission
First, all Stakeholders expect the Indian Wells
Golf Resort to be operated to maintain, if not
enhance, its reputation as a premier golf
experience among the best of regional and
national golf facilities, whether premier private
or premium public play courses. Resident
Stakeholders and those non‐resident golfers
paying market rates, have largely this same
expectations for IWGR’s premier quality.
Second, while seeking to preserve and expand
Resident privileges at IWGR, it is sufficient to
operate IWGR each fiscal year to meet or
exceed breakeven from operations after
reserves for capital expenditures and net of
subsidy from the City.

SUGGESTED MISSION

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IWGR Strategic Asset Plan
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Stakeholders have emphasized that IWGR is considered a community facility, a special amenity for residents.

Facility Mission
Preferred Mission
Alternative Mission Considered
In discussions with Stakeholders, what IWGR is perceived to be was compared to the original business intent embodied in the Easement Agreement.

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IWGR Strategic Asset Plan
21Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

Performance Metrics
Performance Metrics
We have reviewed the operating and financial performance of IWGR, for the period FY 2017 through FY 2022, as well as the start of FY 2022 through October.
In our review we use a format known as the Uniform System of Accounts as commonly used in the hotel / hospitality industry.  The Uniform System of Accounts provides us a helpful focus on departmental performance and all other undistributed expenses within a facility’s operation.
Over the review period, there were changing treatments of the Resident Amenity Fee and allocations of VUE restaurant staffing.   Depreciation and amortization charges also changed over the review period as GAAP policies changed.  We endeavored to construct our preferred format for financial reporting while tying back to IWGR’s format.
We use EBITDA as the bottom‐line performance result.  We of course have not audited IWGR financial results; we have reformatted and recast the financial presentation to best understand departmental performance before accounting adjustments.
Throughout this report, we use the financial report to depict the impact of facility changes and enhancements.
The Baseline financial report as recast, is shown on the following page.  This Baseline run includes the adjustment for CPI due to occur on January 1, 2023.

PERFORMANCE

METRICS

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IWGR Strategic Asset Plan
22Prepared for the City of Indian Wells / Golf Committee Discussion Draft As of February 6, 2023
Drone aerial photography by Golf Property Analysts.

EBITDA Performance Improvements
Performance Metrics
In the following three financial runs, we show a baseline projection, then the departmental performance for the baseline run, and then financial projection for IWGR with operation adjusted to a new “normal operation” The metrics from the 3rd financial run, the new IWGR normal, illustrate departmental performance as can be expected with a more typical operating condition.

EBITDA Improvements
We suggest an EBITDA improvement plan that unloads The Vue to a 3rd‐party that can give that space the independent positioning and promotion it requires.

Destination restaurants and some high‐end chain restaurants do significantly better revenue than The Vue. Removing the operating losses of The Vue and changing the focus to creative promotion of Golf and Group F&B offerings, is something IWGR and Troon, are well suited for.

The program at right allows for each plan element to make its contribution to increasing facility EBITDA. No one program can fully transform IWGR. But a slate of programs carefully chosen for their value in contributing positive EBITDA, can be transformative.

Our separate brief memorandum on metrics and this program (at right) discusses this in detail. The separate memorandum is intended as a format for the City’s ongoing pursuit of a “living” strategic asset management process.

Best Targets for EBITDA Growth
For Five‐Year Period ending FY 2027
Increase IWGR’s Marketing Budget –to 3% of revenues. IWGR exists in a crowded visitor market. Troon Golf could make good use of additional promotional dollars.

Our thought though is less on advertising and more on direct (guerilla) sales efforts to key accounts and constituencies.

Prime players at prime rates – a 3,000 round increase in this player segment has a material impact on EBITDA.

Lease The Vue 2nd Level to a 3rd‐Party –incentivize tenant prospecting with an easy base rent with participation in restaurant sales. Structure the tenant sales participation to gradually increase through the term of the lease.

Open a L1 clubhouse Golfer’s Grill and the Fairway Grill – include a signature treatment of the Wash bridge to make the Golfer’s and Fairway grills part of an F&B continuum anchoring both sides of the bridge.

Aggressive Promotion of The Academy – to beginner golfers living in the 2‐hour drive‐in market that would book a package with friends. Package with a compelling experiential product name, something evoking the idea of “Women’s Weekends Away.” The enhanced driving range provides an attractive setting for a Golf+Social getaway weekend.

Revamped IWGR Logo – to propel logo’d apparel and gear merchandise sales.

Play Improvements on both courses –reducing and/or simplifying bunkers without diminishing play satisfaction, good opportunity to reduce maintenance costs.

Restructure IWGR Oversight to a Traditional Model – of Owner, Asset Manager, Facility Manager. Form a Resident’s Member Committee to advise the Asset Management function. Unleash Troon Golf to focus on what they do best.

Incentivize Facilities Manager –with revised Base + Profit participation.

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IWGR Strategic Asset Plan
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Drone aerial photography by Golf Property Analysts.

The Common Metrics re IWGR’s Performance
Performance Metrics
MDSE.

GOLF

CATERING
F&B
IWGR is a hybrid facility, as municipal court with Resident benefits, and a for‐profit POV for the larger potion of rounds played.

Common metrics / benchmarks for such hybrid facilities are difficult and need to be carefully applied.

Even with the calculation and funding of a Resident Amenity reimbursement to the facility, that process does not account for the Facility Manager and staff’s hybrid approach to managing and handling the guest day. Facility staff working a private golf club require a different sensibility than the facility staff working a resort golf venue. Between these two kinds of facilities and golfers there is no primacy of any kind, they simply operate differently.

In reviewing IWGR’s EBITDA for the first time, and again with the final figures for FY 2022, our reaction was that the facility’s bottom‐line is low. For this kind of facility in the Coachella Valley marketplace we would expect a result somewhere in the 15 to 25% range depending additional factors. If operated strictly for‐profit, we would expect EBITDA at the upper end of this range.

Another issues is that EBITDA does not account for capital reserves. A fully for‐profit facility would include at funded reserve for replacements or an owner that knowingly elected to for replacements as needed from other available funds.

There are all kinds of metrics and benchmarks to apply across a golf facility’s departments. We have provided a working example for the City of such, under separate cover.

But the best possible metric, always, is to establish an EBITDA objective, a business and marketing plan that attempt to meet or exceed that objective, and a clear facilities management relationship by and between an owner and manager. Leaving a qualified facilities manager free (within proscribed business plan guardrails) to manage to the bottom‐line ‐however it can be best accomplished ‐is the best way to administer a golf facility, or most any real estate property.

GROUP

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Indian Wells City CouncilFebruary 16, 2023

Indian Wells City Council
February 16, 2023