CITY COUNCIL MEETING MINUTES
Thursday, March 2, 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 meeting at 1:30 p.m. on March 2, 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 Peabody 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
Mayor Griffith invited former Mayor Rob Bernheimer to the dais to provide a statement. Mr. Bernheimer read a statement relating to the passing of former Mayor Ed Monarch and outlined Mr. Monarch’s accomplishments over the years during his service.
City Council Minutes- March 2, 2023
2 C.1 CalCities Legislative Update by Regional Public Affairs Manager Erin Sasse
Regional Public Affairs Manager Erin Sasse gave an update on various pending State legislation. Ms. Sasse provided an overview of qualifying initiatives relating to taxpayer protection and the government accountability act. There was clarification relating to the Housing Element process and approval for residential land use.
D. PUBLIC COMMENTS
Mr. Philip Bettencourt, delegate for the Coachella Valley Energy Commission, encouraged the Council to follow Local Agency Formation Commission deliberations relating to electrical service that is expiring in 2033. Mr. Doug Hanson, resident, spoke relating to the passing of former Mayor Ed Monarch and described the impact Mr. Monarch service had on City finances.
E. CITY MANAGER'S REPORTS
City Manager Chris Freeland reported the turf rebate program discussion was moved to the April 6, 2023, Council meeting. Mr. Freeland reported the Indian Wells Golf Resort Strategic Planning will be held on March 23, 2023, at 9:00 a.m. at the Indian Wells Golf Resort.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported a closed session was held earlier today at 12:30p.m. to discuss the items listed on the agenda, no reportable action was taken which, under the Brown Act, would be required to be publicly reported. Mr.
Leishman provided an update on Senate Bill 1439 that extends the Levine Act regarding campaign contribution recusal requirements, the City Housing Element certification, and the Indian Wells Country Club bridge safety concerns.
G. CONSENT CALENDAR
G.1 Ordinance Amending Section 11.36.125 of the Municipal Code Regarding RV-Parking Permits; and Finding the Action to be Exempt from CEQA
It determined to ADOPT 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
City Council Minutes- March 2, 2023
3 BE EXEMPT FROM CEQA; and
FIND the Action to be Exempt from CEQA.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody to Adopt Ordinance. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.2 Ordinance Amending Chapter 21.85 of the Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Action to be Exempt from CEQA
It was determined to ADOPT 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.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody to Adopt Ordinance. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.3 City’s 2023 Legislative Platform
It was determined to ADOPT the City’s 2023 Legislative Platform.
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
City Council Minutes- March 2, 2023
4 NOES: 0 -
G.4 Resolution Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act
It was determined to ADOPT Resolution No. 2023-03 to read as follows:
RESOLUTION NO. 2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, OPPOSING INITIATIVE 21-0042A1 AND JOINING THE NO ON INITIATIVE 21-0042A1 COALITION.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Peabody to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.5 Re-Adopts the City's Investment Policy
Council RE-ADOPTS the City’s Investment Policy with no amendments.
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, Reed, Sanders, Whitman
NOES: 0 -
H. PUBLIC HEARINGS
H.1 Resolution Approving Special Fire Tax Standby and Availability Charges Annual Levy
City Council Minutes- March 2, 2023
5 Finance Director Kevin McCarthy provided an overview of the annual Special Fire Tax.
Mayor Griffith opened the public hearing at 2:03 p.m. to hear public testimony in favor or against Resolution No. 2023-03; hearing none, the hearing was closed.
ADOPT Resolution No. 2023-03 to read as follows:
RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE CITY OF INDIAN WELLS FIRE TAX
STANDBY AND AVAILABILITY CHARGES PURSUANT TO CITY
ORDINANCE NO. 170; and
ORDER the Special Fire Tax levy to be placed on the fiscal year 2023-24 Riverside County tax roll.
A motion was made by Council Member Reed, seconded by Mayor Pro Tem Sanders to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
H.2 Resolution Approving Fire Access Maintenance District No. 1 Annual Levy and Collection of Assessments
Finance Director Kevin McCarthy provided an overview of the annual Fire Access Maintenance District (FAMD).
Mayor Griffith opened the public hearing at 2:04 p.m. to hear public testimony in favor or against Resolution No. 2023-04; hearing none, the hearing was closed.
ADOPT Resolution No. 2023-04 to read as follows:
RESOLUTION NO. 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF A
City Council Minutes- March 2, 2023
6 SPECIAL TAX FOR THE CITY OF INDIAN WELLS FIRE ACCESS
MAINTENANCE DISTRICT NO. 1; and
ORDER the Fire Access Maintenance District No. 1 levy on the Fiscal Year 2023-24 Riverside County tax roll.
A motion was made by Council Member Reed, seconded by Council Mayor Pro Tem Sanders to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
I. GENERAL BUSINESS
I.1 Approval of Passive Park Conceptual Design and Authorization to Develop Park Project at Corner of Eldorado and Fairway Drive City Manager Christoher Freeland provided an update on the park purchase, importance of transparency, community involvement and design.
Mr. Chris Herman from Herman Design Group discussed Concept 5, the inspiration of the design, highlighted community engagement meetings, and included the response to neighbor concerns. There was discussion relating to different types of seating.
Public Works Director Ken Seumalo provided an update on pedestrian safety and suggestions a crosswalk for park access, crosswalk signage, and proposed solutions for traffic speed concerns. Indian Wells Lieutenant David Wright provided further details regarding public safety and stated there are no concerns with unhoused persons, vandalism, and traffic.
Council Member Peabody expressed concerns relating to public safety, proper street signage and suggested further consideration be conducted regarding public safety and traffic.
Community Development Director Jon Berg provided a background relating to the Municipal Code Park requirements, General Plan, Goals and Policies regarding parks and recreation. Mr. Berg provided an overview of existing passive parks in both public and private areas around the city. Mr. Berg clarified the City’s obligation to consider the California Environmental Quality Act (CEQA).
City Council Minutes- March 2, 2023
7 Finance Direction Kevin McCarthy provided a background on a funding agreement with Desert Recreation District. Mr. McCarthy described funding for Desert Recreation District comes from annual property tax paid by property owners. Desert Recreational District’s Executive Director Kevin Kalman outlined the Desert Recreation Districts responsibilities within the agreement.
Mr. McCarthy provided clarification relating to fees and grants. Council Member Peabody expressed concerns relating to funding the project and suggested Desert Recreation District fund the entire park project. There was clarification that Desert Recreation District does not fund the development of parks.
Mr. A.J. Staples, resident, spoke in support of a passive park. Mr. Robert Gore, resident, spoke in support of passive park, stone bench seating and water fountain, and expressed non-concern with the unhoused persons and traffic safety within the city.
Ms. Cécile McBride, resident, expressed concerns with the location of the passive park, and the probable costs to maintain residence privacy and safety. Mrs. Jacqueline Bradley, resident, spoke regarding the passing of former Mayor Ed Monarch and read a statement on behalf of resident Rebecca Peterson who suggested placing a hold of the park and recommended further discussions.
Ms. Linda Blank, resident, and President of the Indian Wells Historical Preservation Foundation, spoke in support of the passive park, proposed park designations, and gave a background of historical surroundings near the park location, and stated incorporating history into the park can increase property value for surrounding properties.
Mr. Peter Levar, resident, spoke in favor of the passive park, expressed concerns relating to the traffic on Eldorado and the access to the park. Mr.
Glen Schubert, resident, expressed concern relating to misinformation from a survey circulated, incorrect claims regarding the Planning Commission, and spoke in support of the passive park.
Mr. Doug Hanson, resident, expressed concerns relating to moving forward with a passive park and recommended conducting a resident survey to obtain community opinion. Mrs. Brenda Campbell, resident, stated the importance of listening to the residents that live near and spoke in opposition to including benches and water fountains.
City Council Minutes- March 2, 2023
8 Mr. Bruce Underwood, resident, spoke in favor of the passive park and expressed concern relating to the process of implementing the park, and suggested a resident survey. Mr. Underwood spoke on behalf of Jebby Potter, resident, who is in opposition to the passive park location.
Mr. Joe Hammer, resident, spoke in opposition to the passive park and expressed concerns relating to unhoused persons, traffic, and police availability. Ms. Kim Hammer spoke in opposition to the passive park and expressed her concerns with City land purchase, park location, unhoused persons, low-income housing within the City, and recommended detailed discussion for future decisions.
Mrs. Jackeline Bradley, on behalf of her husband John Bradley, spoke in opposition to a passive park and expressed concerns relating to communications with residents about the purchase. Mr. Mike Copani, resident, spoke in favor of the passive park and suggested further discussion on traffic safety and funding.
The City received written public comments from the following members of the public:: Ray Rodriguez, Karen Byorn, Besty Bodin, Maggie Van Dyke, Valerie Jones, Larry Spicer, George Palmer, Jim Robinson, Gordon Johnson, Dan Hamilton, Andre Hasman, Susan Waterfall, Larry Bonafide, Christine Smith, Dean Michelson, Gale Yun, Karen Schibler, Martin Lax, Michael Pittman, Palmela Strickfaden, Patty Thompson, Richard and Donna Peach, Rebecca Peterson, Trish Nelson, Jebby Potter, George Bohrnstedt, and Lee Noyees.
Council Member Bruce Whitman clarified the purchase of the land and process, spoke in favor of a water refill station, seating, adequate shade.
Council Member Whitman spoke on behalf of former Council Member Larry Spicer who is in favor of the park project including amenities for the enjoyment of residents.
Council Member Reed spoke in favor of the passive park, expressed concerns relating to seating that may be used by unhoused persons, and supports water refill station. Council Member Peabody expressed concerns relating to constrained information in staff reports, public safety, benches, no resident survey conducted, and questioned the purchase of the land.
Mayor Pro Tem Sanders spoke in favor of passive park, suggested seating to be designed to avoid unhoused persons, and spoke in favor of water refill station.
City Council Minutes- March 2, 2023
9 Mayor Griffith spoke in favor of passive park, accessible benches, water refill station and suggested incorporating an art piece. Mayor Pro Tem Sanders expressed his appreciation for the Planning Commission review of the project and stated the planning process for the park is equivalent to a survey.
It was determined to FIND that the proposed action is categorically exempt from review under the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines section 15304 (minor public or private alterations in the condition of land), and, in the alternative, that it is categorically exempt from CEQA under CEQA Guidelines section 15303 (new construction of small structures), and, further, determines that none of the exceptions in CEQA Guidelines section 15300.2 apply here because the proposed action does not include a sensitive mapped area, a scenic highway, a hazardous waste site, or a historic resource, and the development of a passive park does not present any unusual circumstances; and
APPROVE the passive park design and installation at the corner of Eldorado and Fairway Drive that was approved by the Planning Commission to include groups of seating that does not facilitate laying down, addition of water refill station, and shaded trees; and AUTHORIZE Desert Recreation District to finalize the design, bid, and construct the passive park with oversight by the City; and
DIRECT staff on a process to name the park and appropriate monument signage to be brought back for City Council discussion and approval.
A motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve the Recommendation. The motion was carried by the following vote:
AYES: 4 – Griffith, Reed, Sanders, Whitman
NOES: 1 – Peabody
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
J.1 COUNCIL MEMBER REED
No Report.
City Council Minutes- March 2, 2023
10 J.2 COUNCIL MEMBER WHITMAN
No Report.
J.3 COUNCIL MEMBER PEABODY
No Report.
J.4 MAYOR PRO TEM SANDERS
No Report.
J.5 MAYOR GRIFFITH
No Report.
K. ADJOURNMENT
At 3:49 p.m. Mayor Griffith ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held on April 6, 2023, at 1:30 p.m.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk