CITY COUNCIL MEETING MINUTES
Thursday, February 16, 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 February 16, 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 vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Indian Wells Funding Check Presentation
Mayor Griffith recognized Grant In Aid Funding awardees as follows:
American Friends of Armed Forces, Assistance League Coachella Valley
Council Meeting Minutes - February 16, 2023
2 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, Rite Care Childhood Language Center Coachella Valley, The Riverside County Foundation of Aging, United Cerebral Palsy of the Inland Empire, United Way of the Desert, and Variety Children’s Charity of the Desert.
Mayor Griffith thanked Grants in Aid Committee resident members for their work.
C.2 Proclamation Recognizing Southwest Church 50th Anniversary Mayor Griffith presented a proclamation recognizing Southwest Church 50th year celebration. Mr. Dwayne Hastings, Southwest Church representative, thanked the City Council.
C.3 Riverside County Transportation Commission Presentation by Aaron Hake
Riverside County Transportation Commission Deputy Executive Director Aaron Hake provided an update and overview of the importance of pursuing a Coachella Valley Railway. Mr. Hake provided information on future opportunities and highlighted community outreach efforts. Mr. Hake thanked the City Council for providing support letters to assist in obtaining grant funding. Mr. Hake further reported the Riverside County Transportation Commission established an Ad Hoc to support the project, determine strategies, and establish long-term efforts.
Mayor Pro Tem Sanders spoke in support of the Coachella Valley railway project and thanked Council Member Reed for his efforts.
C.4 College of the Desert Certification Program Presentation by Veronica Izurieta
Director of Partnership and Community Education Veronica Izurieta gave an overview of the landscape education program that was developed in response to the Air Quality Plan. Ms. Izurieta stated the training benefits the workforce to reduce dust emission and improve air quality. Ms. Izurieta stated the program is supported by the Coachella Valley Association of Governments and encouraged the workforce to take advantage of the training that is offered by College of the Desert.
Council Meeting Minutes - February 16, 2023
3 D. PUBLIC COMMENTS
Mr. Martin Lax, resident, expressed concerns relating to the traffic lights on the corner of Eldorado and Highway 111 and the quality of staff reports. Mr. David Campbell, resident, expressed concerns relating to communication of projects in the community and suggested the City inform the residents on future projects. Ms.
Elizabeth Scarcella, resident, expressed concerns relating to the turf rebate program and application status response time.
E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland clarified the legal powers of local government as it relates to utilities. Council Member Whitman suggested staff communicate with residents relating to City projects affect residents. Mayor Pro Tem Sanders recommended the City require utility companies to submit work plans for projects that are disruptive to the residents. There was discussion on increasing resident communication relating to the various projects.
Vice President of Internal Affairs for Frontier Douglas McCallister stated Frontier representatives are meeting with Cities around the State to bring awareness relating to new legislation impacting communities. Mr. McCallister provided a background on fiber broadband impacts and communication expectations for future fiber installations. There was discussion relating to fiber installation project moving forward in phases.
Mr. Freeland reported Sprouts Farmer Market have begun its site remodel and announced tentative grand opening in September 2023. Mr. Freeland reported the City is a $200,000 grant funding recipient for the United States Department of Transportation and Safety Roads Program. Mr. Freeland reported the Planning Commission is scheduled to review a revised conceptual plan for the passive park concept on February 23, 2023, at 1:30 p.m. and tentatively scheduled to be reviewed by the City Council on March 2, 2023.Mr. Freeland further reported the City is examining the traffic signal on the corner of Highway 111 and Eldorado.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported the Council met in Closed Session at 1:00 pm. on February 16, 2023, to discuss the item listed on the agenda regarding existing litigation. Mr. Leishman reported there was no reportable action taken which, under the Brown Act, would be required to be publicly, however, the City Council requested to report that the City received a letter from the opposing counsel suggesting that the owner of the Lissoy property may be able to work with the City relating to the site. Mr. Leishman reported the City Council expressed interest in engaging in discussion and the City will respond through legal counsel.
Council Meeting Minutes - February 16, 2023
4 G. CONSENT CALENDAR
G.1 Supplemental Appropriation for Grant Writer Services to Engineering Solutions Services
It was determined to APPROVE contract term extension from three years to five years; and
APPROVE 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
AUTHORIZE the City Manager, or designee, to transfer funds into the appropriate account.
The 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, Sanders, Reed, Whitman
NOES: 0
G.2 Resolution Approving Final Parcel Map No. 38396, Amethyst Drive Council Member Reed recused himself from Item G.2 Resolution Approving Final Parcel Map No. 38396 Amethyst Drive as his property is located within 1,000 ft. of the parcel map.
It was determined to ADOPT Resolution No. 2023-01 to read as follows:
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
AUTHORIZE and DIRECT the City Clerk, the City Engineer/Public Works Director, and the Acting City Surveyor
to execute Final Parcel Map No. 38396.
Council Meeting Minutes - February 16, 2023
5 The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve this Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Peabody, Sanders, Whitman
NOES: 0
RECUSE: 1 - Reed
G.3 Indian Wells Golf Resort Emergency Repairs
It was determined to APPROVE Water Filtration Repairs for $39,171 at the Indian Wells Golf Resort; and
APPROVE Irrigation Pump Replacement for $19,037 at the Indian Wells Golf Resort; and
APPROVE reallocating $58,208 from the active organic waste enclosure budget for these repairs; no supplemental appropriation is necessary, and
APPROVE authorizing the remaining $68,792 organic waste enclosure budget into the emergency replacement reserve for use at the City Manager’s discretion.
The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
G.4 Council Members Attendance at 2023 Events
It was determined to APPROVE the attendance of Council Member/s to events held in 2023 as identified in the staff report.
The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve this Recommendation. The motion carried by the following vote:
Council Meeting Minutes - February 16, 2023
6 AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
G.5 November 3, 2022, City Council/Successor Agency Joint Meeting Minutes
It was determined to APPROVE the November 3, 2022, City Council/Successor Agency Joint Meeting Minutes.
The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve the minutes as submitted. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
G.6 December 15, 2022, City Council Meeting Minutes
It was determined to APPROVE the December 15, 2022, City Council Meeting Minutes.
The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve the minutes as submitted. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
G.7 January 5, 2023, City Council Meeting Minutes
It was determined to APPROVE the January 5, 2023, City Council Meeting Minutes.
The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve the minutes as submitted. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
Council Meeting Minutes - February 16, 2023
7 G.8 City Treasurer’s Report for December 2022
It was determined to RECEIVE and FILE the City Treasurer’s Report for December 2022.
The motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
H. PUBLIC HEARINGS
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)
City Attorney Todd Leishman provided a brief report on the re-adoption of the ordinance and reported a minor change that includes the reporting period time every 12 months into the new year to allow for one deadline.
Mayor Griffith opened the public hearing at 3:02 p.m. to hear testimony in favor of or against Ordinance No. 751; hearing none, Mayor Griffith closed the public hearing.
It was determined to FIND 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
INTRODUCE Ordinance No. 751 to read as follows:
ORDINANCE NO. 751
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.
Council Meeting Minutes - February 16, 2023
8 A motion was made by Council Member Reed, seconded by Mayor Pro Tem Sanders to Introduce Ordinance No. 751. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
I. GENERAL BUSINESS
I.1 2023 City Council Strategic Planning Session
City Manager gave an overview of the various topics discussed at the City's Strategic Planning Session held on February 1, 2023. Mayor Griffith thanked staff for an informative Strategic Session. Council Member Reed requested to include an Emergency Preparedness presentation at a future meeting. Council Peabody requested consideration to move forward with pursuing proposals for sidewalk project on corner of Fairway Drive and Cook Street. Mayor Pro Tem Sanders spoke in support of addressing the safety issues on Fairway and effectively designing a sidewalk for pedestrians. There was discussion and clarification on the sidewalk design, cost, timeline, and public outreach.
Mr. Martin Lax, resident, expressed concerns relating to the streetlight on Eldorado and Highway 111, spoke in opposition of a passive park on the corner of Fairway Drive, and recommended consideration on composting at the Indian Wells Golf Resort. Ms. Marci Maxwell, resident, spoke in support of sidewalk improvements along Cook Street and Highway 111 as it is a public safety concern.
It was determined APPROVE the 2023 City Council Strategic Planning Session Action Items.
The motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody to Approve this Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0
Council Meeting Minutes - February 16, 2023
9 I.2 Council Ad Hoc Committee to Review Resident Committees Council Member Peabody spoke in opposition to conducting a review of internal Committees and recommended Planning Commission responsibilities be reviewed. Mayor Griffith stated based on resident feedback it is important to conduct a review of internal Committees.
It was determined to AUTHORIZE the formation of a Resident Committee Review Ad Hoc Committee comprised of Mayor Griffith and Council Member Whitman.
The 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, Sanders, Reed, Whitman
NOES: 1 - Peabody
I.3 Indian Wells Turf Rebate Program Update
Public Works Director gave an overview of the turf rebate program. There was clarification on the number of applications received and the available funding. Finance Director Kevin McCarthy explained surplus funding for the turf rebate program and provided a background on transient occupancy tax expectations. Mayor Pro Tem Sanders recommended the program be reviewed every fiscal year and the program be considered based on the collection of transient occupancy tax. There was discussion to combine residential and homeowner association turf rebate funding to accommodate applications received. Council Member Peabody expressed concerns relating to the budget and recommended to only consider applicants received through January 31, 2023.
There were discussions relating to program deadlines and conducting a financial review.
It was determined to APPROVE Supplemental appropriation of $105,000 for the turf rebate program, combine homeowner association and residential rebate funding for applications received through January 31, 2023, applications received between January 31, 2023, through February 16, 2023, be kept on a waitlist until Finance Director provides a fiscal liability report on March 2, 2023, applications received after February 16, 2023, be kept on a waitlist to be considered on Fiscal Year. 2023-24.
Council Meeting Minutes - February 16, 2023
10 A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0 -
Mayor Griffith called for a two-minute break and resumed the meeting at 3:39 p.m.
I.4 Resident Benefit Opportunity – Annual Tennis Ticket Allotment Senior Management Analyst Micaela Wilkey gave an overview of the City’s tennis ticket allocation and outlined Desert Champions ticket proposal.
Council Member Peabody spoke in support of the proposal.
Ms. Luanne Arias, resident, expressed concerns relating to the communication and timing of the tennis ticket modifications, and questioned the terms of the agreement. Mr. Martin Lax, resident, expressed concerns relating to staff report specifics, questioned the seat location of the proposed tickets, and recommended staff include a map to display where the tickets are located.
It was determined to APPROVE the proposal from Desert Champions; and
AUTHORIZE the City Manager to execute an amendment to the Host Sponsorship Agreement for the 2023 BNP Paribas Open.
A motion was made by Council Member Peabody, seconded by Council Member Reed to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0 -
Council Meeting Minutes - February 16, 2023
11 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
It was determined to INTRODUCE Ordinance No. 750 to read as follows:
ORDINANCE NO. 750
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; and
FIND the action to be exempt from CEQA.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Introduce Ordinance. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0 -
I.6 City Council Golf Resort Ad-Hoc Committee Update
It was determined to RECEIVE and FILE the City Council Golf Resort Ad- Hoc Committee Update.
A motion was made by Mayor Pro Tem Sanders seconded by Council Member Reed to Receive and File report. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Sanders, Reed, Whitman
NOES: 0 -
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
J.1 COUNCIL MEMBER REED
No report.
Council Meeting Minutes - February 16, 2023
12 J.2 COUNCIL MEMBER WHITMAN
Council Member Whitman reported Coachella Valley Mountain Conservancy is implementing various projects and are considering designating the Chuckwalla area as a national monument. Mr. Whitman reported Public Safety Committee conducted discussions relating to the Indian Wells Country Club bridge, there were discussions on speeding along Fairway, Eldorado, and Cook Street. Mr. Whitman reported Visit Greater Palm Springs gave an overview of the Indian Wells marketing program and new Marketing Director Don Prince was introduced. Mr.
Whitman reported attending New Mayor and Council Member Academy in Sacramento on January 18-19, 2023. Mr. Whitman further reported attending a meeting with Troon Golf representatives.
J.3 COUNCIL MEMBER PEABODY
Council Member Peabody reported Sunline Chief Executive Officer is departing the agency and a committee has been established to assist in the process of replacing position.
J.4 MAYOR PRO TEM SANDERS
No report.
J.5 MAYOR GRIFFITH
Mayor Griffith reported CVAG Conservation Commission continues to acquire land to be preserved. Ms. Griffith reported CVAG Energy and Environment Resource led discussions relating to Imperial Irrigation District, Coachella Valley Water District provided a presentation on turf removal, and reported the Committee is applying for grants through the Urban Tree Planting and Shade Tree initiative. Ms. Griffith reported Community Activities Committee continues to plan various resident events and the Committee is working on introducing new events. Ms. Griffith reported CVAG Homelessness Housing First program is being used by the State of California. Ms. Griffith further reported Indian Wells Golf Resort Committee were given a report by Stone Creek. Ms. Griffith further reported attending New Mayor and Council Member Academy in Sacramento. Ms. Griffith requested a report relating to Winterfest and further requested a public safety issue be assessed on the corner of Manitou and Highway 111.
Council Meeting Minutes - February 16, 2023
13 K. ADJOURNMENT
At 4:38 p.m., Mayor Griffith adjourned the Council Meeting to a regularly scheduled meeting of the City Council to be held on March 2, 2023, at 1:30 p.m. in the City Hall Council Chamber.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk