Indian Wells City Council
July 6, 2023

INDIAN ,, W€LLS

CALIFORNIA

CITY COUNCIL
Meeting Agenda
Thursday, July 6, 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

Council Meeting Agenda July 6, 2023
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 Introduction of New Riverside County Fire Captain Charles Esseling C.2 Riverside County Fire Quarterly Update
C.3 Riverside County Sheriff Quarterly Update by Lieutenant David Wright
C.4 Alzheimer's Association, Coachella Valley Presentation by Development Manager Jane Bark
C.5 Visit Greater Palm Springs Update by Director of Indian Wells Tourism Don Prince
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

Council Meeting Agenda July 6, 2023
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 Updates to the Indian Wells COVID-19 Prevention Program RECOMMENDED ACTIONS:

Council ADOPTS the revised Indian Wells COVID-19 Prevention Program in compliance with the California Occupational Safety and Health Act (Lab. Code §§ 6300, et seq.) and associated regulations (8 C.C.R. §§ 3203 and 3205-3205.3).

G.2 Voting Delegate to Annual League Conference in Sacramento RECOMMENDED ACTIONS:

Council DESIGNATES Council Member Dana Reed as the Voting Delegate for the City of Indian Wells at the 2023 League of California Cities Annual Conference held on September 20-22, in Sacramento.
9 36
G.3 City Treasurer's Report for May 2023 42
RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer's Report for May 2023.

Council Meeting Agenda July 6, 2023
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 Comprehensive User Fee Study Resolution 62
RECOMMENDED ACTIONS:

Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and
ADOPTS Resolution establishing certain new user fees and increasing certain existing user fees for various services provided by the City.

H.2 Resolution Approving Modification No. 2 of Conditional Use Permit No. 2-97-3:

To construct a new 8,050 square foot Big Horn Cafe a 2,310 square foot outdoor patio space, a 710 square foot storage building, and a recreational splash pad with retractable roof structure to operate as supporting uses within the existing education and conservation center known as The Living Desert Zoo and Gardens (APN:625-300- 052).
113

Council Meeting Agenda July 6, 2023
RECOMMENDED ACTION:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
FINDS the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332, In -Fill Development Projects; and
ADOPTS Resolution approving Modification No. 2 to Conditional Use Permit No. 2-97-3 for the construction of a new 8,050 Big Horn Cafe with ancillary uses within the Living Desert Zoo and Gardens.

H.3 Resolution Approving General Plan Amendment No. 2023-01 for Adoption of the 6th Cycle 2021-2029 Housing Element, and Finding the Action Exempt under the California Environmental Quality Act (CEQA)
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
ADOPTS Resolution approving General Plan Amendment No. 2023- 01 for the 6th Cycle 2021-2029 Housing Element; and
FINDS the action exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines.

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 Indian Wells Chamber of Commerce Funding Request
RECOMMENDED ACTIONS:

Council DISCUSSES the Indian Wells Chamber of Commerce
Request for Funding for Fiscal Year 2023-24; and
PROVIDES direction to staff.
161
418

Council Meeting Agenda July 6, 2023
I.2 Winterfest 2023 422
RECOMMENDED ACTION:

Council APPROVES Winterfest expenditures; and
AUTHORIZES Cooper Consulting to finalize the details and purchases of Winterfest with oversight by the city; and
DIRECTS staff on an option with Winterfest.

I.3 Continued Discussion on Naming the Future Park at Eldorado and Fairway Drive
RECOMMENDED ACTIONS:

Council DISCUSSES potential names for the park at the northwest corner of Eldorado and Fairway Drive; and
PROVIDES direction to staff.

I.4 Fiscal Year 2023-24 Golf Resort Operating Budget and Capital Improvement Plan
RECOMMENDED ACTIONS:

Council REVIEWS, DISCUSSES, and APPROVES or APPROVES AS AMENDED the Golf Resort Operating Budget and Capital
Improvement Plan from July 1, 2023, through June 30, 2024.

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.

3.1 COUNCIL MEMBER REED
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Public Safety Committee
CVAG Transportation Committee
Southern California Association of Governments
437
439

Council Meeting Agenda July 6, 2023

3.2 COUNCIL MEMBER WHITMAN
Coachella Valley Mountains Conservancy
Desert Sands Unified School District
Indian Wells Marketing Committee
Indian Wells Public Safety
Visit Greater Palm Springs

3.3 COUNCIL MEMBER PEABODY
Cove Communities Services Commission
Coachella Valley Animal Campus
Indian Wells Golf Resort Advisory Committee
Indian Wells Marketing Committee
Sunline Transit Agency

3.4 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

3.5 MAYOR GRIFFITH
CVAG Executive Committee
CVAG Conservation Commission
CVAG Energy & Sustainability Committee
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

Council Meeting Agenda July 6, 2023
K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on August 17, 2023 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on June 30, 2023, I caused to be posted a notice of a City Council Meeting to be held on July 6, 2023_at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [www. cityofi nd is nwel Is. org ]
04;4
Angelica Avila, City Clerk

Public Comment: Mr. Richard Weintraub
City Council Meeting
July 6, 2023
From:

To:

Cc:

Subject:

Date:

Attachments:

Donna Griffith
Chris Freeland; Angelica Avila
Re: Richard Blais
Monday, June 5, 2023 12:26:17 PM
Outlook-eenhblg5
So great to see you and catch up and thank you so much for your email and insight. I so appreciate you sharing your extensive knowledge in this arena with me.

I will forward this to our City Manager and City Clerk to add to the city record for public comment.

Again, thank you!

INDIAN WELLS
Donna Griffith
Mayor
44-950 Eldorado Drive
Indian Wells, California 92210-7497
w www.IndianWells.com
l rifith IndianWells.corn
V (76+)) 346-2489
From: Richard Weintraub
Sent: Monday, June 5, 2023 12:15 PM
To: Donna Griffith
Subject: Richard Blais
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.

Hi Donna,
I so enjoyed visiting with you and Don...per our conversation, please see below:

Mayor Griffith,
As a 30 year plus resident of the desert, I am continually in awe of our valley's growth, especially in the restaurant world. I recently heard that Richard Blais would like to open an eatery in Indian Wells.

I am on total favor of this not only due to his notoriety but his establishment would bring instant

recognition to IW as Richard is known worldwide. I have eaten at several of his restaurants and followed his career via the Food Network. As a "foodie" myself, I can say unequivocally, his food is exciting, inventive and simply delicious!
All the best,
Richard
U.S. Bank
Rancho Mirage UB
71950 Highway 111 STE A, Rancho Mirage, CA 92270 1 PD -CA -2071 1 usbank.com https://mortgage.usbank.com/ca-palm-desert-richard-weintraub

Public Comment: Mr. Brian Penna
City Council Meeting
July 6, 2023
From: Donna Griffith
To: Angelica Avila
Subject: Fwd: Council member Ty Peabody"s 7/5/23 email correspondence.

Date: Wednesday, July 5, 2023 3:40:03 PM
Attachments: Outlook-tvjaxlsa.pnq
CAUTION: This email originated outside our organization. Be cautious with any links orNo attachments.

For public comment
Get Outlook for iOS
From: Brian Penna
Sent: Wednesday, July 5, 2023 12:00:10 PM
To: Donna Griffith ; Chris Freeland ; Bruce
Whitman ; [email protected]
; Dana Reed ; [email protected]

Subject: Council member Ty Peabody's 7/5/23 email correspondence.

Good morning, Mayor Griffith, City Manager Freeland and members of the City Council. I hope you all enjoyed your 4th of July. The reason for my correspondence to you all is in response to the email received from council member Peabody on 7/5/23 via email. Although it is welcoming to receive updates about what is currently happening in Indian Wells, I feel this kind of correspondence/update by one council member's opinion to be misleading and could be misinterpreted by the residents who are in receipt of the email correspondence. I would assume this causes much confusion, an influx of emails, phone calls and questions from many residents further causing wasted time, unnecessary energy expended by the mayor, city manager and the other council members to either correct and or explain the content within the correspondence sent solely by council member Peabody. Further, these emails/updates that Mr. Peabody frequently sends out may not reflect the other council members' opinions or reflect the actual city council inner workings or public works agenda, it is simply an opinion piece by one council member. If I may make a suggestion, it would be very welcoming if a monthly update could be drafted and approved by the entire council, mayor and city manager as a whole. This monthly email briefing could be sent out separately from the council meeting notifications/agendas and could summarize current and future updates aside from the city council meeting content, thus, keeping every resident properly informed in regard to current public works, improvements, safety measures and various projects within the city.

Lastly, I want to personally thank you all for your hard work and all your contributions to our beautiful city.

Brian Penna
Penna Coker, APLC
41391 Kalmia Street, Suite 300
Murrieta, CA 92562

.(951) 600-0929 Telephone
(951) 600-1766 Facsimile
httos:// www.pennacoker.com
na
oker
A Family Law Firm APLC
IMPORTANT NOTICE TO EMAIL RECIPIENTS: DO NOT read, copy, or disseminate this communication unless you are the intended addressee.

This email communication contains confidential and/or privileged information intended only for the addressee. Anyone who receives this email by error should treat it as confidential and is asked to call Penna Coker, APLC at (951)600-0929 or reply to this email. This email transmission may not be secure and may be illegally intercepted. Do not forward or disseminate this email to any third party.

Unauthorized interception of this email is a violation of federal law. Any reliance on the information contained in this correspondence by someone who has not entered into a fee agreement with Penna Coker, APLC, is taken at the reader's own risk. The attorneys of Penna Coker, APLC are licensed to practice law ONLY in California and do not intend to give advice to anyone on any legal matter not involving California law.

CAL FIRE /

RIVERSIDE

COUNTY FIRE

DEPARTMENT

BATTALION CHIEF

MATTHEW KOTZ
At dais: Presentation Item C.2
7/6/2023
Indian Wells
Fire
Department
Quarterly
Report

Presentation
-Introduction of Fire Captain Charles
Esseling
-Breakdown of calls in Indian Wells:
4/1/23 to 6/30/23
-Previous year's comparison
A
-Calls for service at Indian Wells
Hotels

Introduction:

Indian Wells Fire
Station 55 Fire
Captain Charles
Esseling
Charles Esseling is the new Fire Captain of Indian Wells, CA. He comes from the City of Palm Desert, where he has served as a Fire Apparatus Engineer since 2020 and was last assigned to Truck 33. He is thrilled and honored to serve the City of Indian Wells in his newly appointed position.

Esseling began his career in fire service in 2003 as an auxiliary firefighter for the cities of West Covina and La Verne. Simultaneously, serving as an Emergency Medical Technician working in Los Angeles and Riverside Counties.

His connection and dedication to Riverside County and the Coachella Valley began in 2006 when he became a Volunteer Firefighter for the Riverside County Fire Department at Station 7 in the City of Menefee. Esseling joined CAL FIRE Riverside Unit as a Firefighter 1 that same year.

In 2012 he became a Firefighter 2 assigned to Station 53 in Garner Valley. In 2013 he was transferred to the Coves Battalion here in the desert. In Battalion 12, he was a Firefighter 2 for Indian Wells, Palm Desert, and Rancho Mirage.

He holds two Associates Degrees in Fire Technology and Public Fire Service and is working towards his Bachelor's. Captain Esseling is a Lead instructor for the Department's Rescue Committee, specializing in training Firefighter Safety and Survival and Rescue Operations. He is also the coordinator and lead instructor for the City of Rancho Mirage's CERT program. He has been assisting our residents in disaster preparedness for over a decade.

Captain Esseling is also part of the Department's Rescue Committee and Personal Protective Equipment/Safety Committee. Recently he joined the Riverside County All Hazards Type III Incident Management Team as a Public Information Officer for major disasters and incidents throughout the county.

Esseling lives in Long Beach. CA with his wife Jenna and their 2 -year -old Bernadoodle, Bixby Lou.

Call breakdown
from last
quarter:
- Medical based
calls (234)
- False alarms
(34)
- Traffic Collisions
(22)

Comparison of
call volume for
the same three
months
quarterly time
frame:
2022 comparison total number of calls for
service: 322
2023 comparison total number of calls for
service: 314
L
J
Overall decrease in calls for service:
-2.4% increase from 2022.
2021 comparison total number of calls for
service: 280

V)
L_
O4--J (1)
u .5 50 LI)
p cu O
Li -cry 1- 1

Questions?

tem C.3
At dais: Presentation 1
7/6/2023
Riverside Sheriff —Indian Wells
(AUFORN A

Riverside Sheriff —Indian Wells
6,692 total file numbers drawn as of June 30, 2023
1,555 callsforservice
5,137 self -initiated file num bers d rawn (Follow-ups, citations, area checks) 265 re p o its written
63 total arrests made
19 DUIs
5 Narcotics
11 Public intoxication
20 Wa rra nt a rrests
2 Trespassing
2 Domestic violence
3,936 area checkswere conducted

Riverside Sheriff —Indian Wells
Traffic CollisionsYear-to-Date as of 06/30/23 = 130
0 Fatal
0 Major injury
14 Minor -injury
116 Non -injury
r Traffic CitationsYear-to-Date = 1,050
19 DUI Arrests

Riverside Sheriff —Indian Wells
Uniform Crime Reporting Data YTD Comparison asof 04/30/23 Crime
2021 YTD 2022 YTD 2023 YTD
Homicide
Rape
Robbery
Aggravated Assault
Total Violent Cri
0 0 0
0 0 1
0 0 0
0 5 1
urglary 3 14 11
Auto Theft 0 6 0
rcen * 27 46 39
rty Crimes 30
Total Part 1 Crimes
.
30 71 52 -26% from 2022
* Includesvehicle burglaries

Notable Cases/Operations
► 06/19/2023 - The Palm Desert Station Traffic Bureau conducted a OTS Grant Traffic Enforcement Operation in the city of Indian Wells. This operation consisted of fourdeputiesand a sergeant. The operation yielded 59 traffic stops, 55 citations issued for speed violations, 2 citationsissued for miscellaneousCVC violations, and one vehicle wastowed. Most of the enforcement wason Highway 111 and some on Fred Waring Drive.

Operations/Project Updates
► Speed enforcement on Hwy 111, Fred Waring and Fairway ► SETteam deputieswere RADAR/LIDARtrained in an effort to conduct more traffic enforcement
► SET Te a m YlD Statistics
► 34 traffic stops
► 542 license plate checks
► 28 arrests(21 were for felonies)
► 29 search warrantswritten

At Dais: Presentation Item C.4
7/6/2023
2023

ALZHEIMER'S DISEASE

FACTS AND FIGURES
More than
6 million Americans
are living with Alzheimer's
seniors dies with
A zheimer's or another
dementia
In 2023, Alzheimer's
and other dementias will
cost the nation
$345 billion
Whit only4 in 10 Am ric ns
t Ik to th it doctor righ w y
when experi ncing rly
m mory or cognitiv to s.

Over 1 1 •l io
Amer• cans
provide unpaid care for
people with Alzheimer's
or other dementias
It kills more than
bre s c
pros a
combined
er
ncer
By 2050.
these costs
could rise
to near yl
Si trillion
7 in 10 would want to know
early if they have Alzheimer's
disease if it could allow for
earlier treatment.

The
lifetime
risk for
Alz he imers
at age
45 is
116
These caregivers
yrovided
more d
han 18 billion
_ hours valued -
at nearly
$340
billion
for women
for men

Alzheimer's Association Programming
Education, Socialization, Care and Support
Education
• Healthy Living for
Your Brain and
Body
• Understanding
Alzheimer's and
Dementia
• Effective
Communications
• Understanding and
Responding to
Behaviors
Socialization
• Music and
Memories
• Art in Partnership
with Old Town La
Quinta Artisan
Studio
• Community Field
Trips
Support Groups
Weekly Support
Groups Monday
thru Friday
• Caregiver and
Family Groups
• Persons Living
with Memory
Loss
Our 24/7 Helpline
800-272-3900
Connects you with a
caring Professional
who will assist with:
• Question's, and
Concerns
• Information
• Referrals and
Resources
• Emotional Support
Everything we do is FREE OF CHARGE

JOIN US!
2023 WALK TO END ALZHEIMER'S - COACHELLA VALLEY
SATURDAY, NOVEMBER 4TH, 2023

PALM DESERT CIVIC PARK
SIMPLY SCAN I -HIS CODE TO REGISTER!
WALKE:END

ALZHEIMER'S

ALZHEIMER'S ASSOCIATION
act .alz.o rg/ cv

INDIAN WELLS CITY COUNCIL
July 6, 2023
To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Updates to the Indian Wells COVID-19 Prevention Program RECOMMENDED ACTIONS:

Council ADOPTS the revised Indian Wells COVID-19 Prevention Program in compliance with the California Occupational Safety and Health Act (Lab. Code §§ 6300, et seq.) and associated regulations (8 C.C.R. §§ 3203 and 3205-3205.3).

DISCUSSION:

The State of California Occupational Safety and Health Standards Board (OSHSB) adopted Emergency Temporary Standards (ETS) concerning COVID-19, which require that employers adopt and implement a COVID-19 Prevention Program (CPP). The purpose of the CPP is to provide employees with a healthy and safe workplace as required by the California Occupational Safety and Health Act.

On October 21, 2021, the City Council approved the implementation of the Indian Wells COVID-19 Prevention Program in compliance with the Emergency Temporary Standards (ETS) set by the State of California Occupational Safety and Health Standards Board (OSHSB). The plan covered a variety of items such as a system for communicating with employees about potential COVID-19 exposures, COVID-19 testing, screening for symptoms of COVID-19, and return to work criteria.

On February 17, 2022, the City Council approved the implementation of an updated version of the Indian Wells COVID-19 Prevention Program. The updated plan covered a variety of items such as the type of facemask that can be worn in the workplace, testing requirements, exclusions from Indian Wells facilities if there is a COVID-19 exposure/positive test and return to work requirements. The update followed updated ETS requirements from the OSHSB.

On February 28, 2023, Governor Gavin Newsom announced the end of the State of Emergency for California; mask and vaccine mandates have also ended, even in healthcare and high -risk settings. As of April 2023, all of California's counties have, for weeks, been in the low COVID-19 community level, a category designation by the U.S.

Centers for Disease Control and Prevention that indicates the coronavirus is neither spreading rapidly nor causing undue stress on healthcare systems.

Indian Wells' CPP is now outdated and burdensome.

The California Occupational Safety and Health Act (Lab. Code §§ 6300, et seq.) and associated regulations (8 C.C.R. §§ 3203 and 3205-3205.3) identify COVID-19 as a workplace hazard and require that the City maintain an effective Injury and Illness Prevention Program. The employer's COVID-19 procedures shall either be addressed in the written Injury and Illness Prevention Program or maintained in a separate document.

The City of Indian Wells has maintained the CPP as a standalone document to simplify the review, implementation, and update process.

Staff recommends that the Council adopt this latest update to the CPP to ensure that all actions taken to provide employees with a healthy and safe workplace are in line with the latest guidance.

FISCAL IMPACT:

There is no financial component to the CPP.

ATTACHMENTS:

1. Indian Wells COVID-19 Prevention Program

2. DIR COVID-19 Prevention Regulations

ATTACHMENT #1
City of Indian Wells
COVID- 19 Prevention
Program ("CPP")
Updated: July 6, 2023

I. PURPOSE:

The Division of Occupational Safety and Health ("DOSH") recognizes that COVID-19 constitutes a workplace hazard.

The purpose of the City of Indian Wells's COVID-19 Prevention Program ("CPP") is to establish, implement and maintain a program that addresses this work -related hazard in order to provide City of Indian Wells employees a healthy and safe workplace as required under the California Occupational Safety and Health Act (Lab. Code §§ 6300, et seq.) and associated regulations (8 C.C.R. §§ 3203 and 3205-3205.3).

Nothing in this CPP precludes the City of Indian Wells from complying with federal, state, or local laws or public health order or guidance that may recommend or require that the City of Indian Wells adopt and implement measures that are more prescriptive and/or restrictive than those that are provided herein.

II. SCOPE
Unless one or more of the exceptions provided below applies, this CPP shall apply to all City of Indian Wells employees (hereinafter referred to as "employees").

The following employees are exempt from coverage under the CPP:
(1) Employees who are teleworking from home or a location of the employee's choice that is not under the control of the City of Indian Wells; (2) Employees who are working in or at a work location and do not have contact with any other individuals; and
Employees that because of their tasks, activities or work location have with occupational exposure as defined by the Aerosol Transmissible Diseases ("ATD") regulation (i.e., 8 C.C.R. § 5199).
(3)
III. EFFECTIVE PERIOD
The CPP shall apply until February 3, 2025, except for the recordkeeping subsection 3205(j), which shall apply until February 3, 2026.

The recordkeeping requirements provided for at Section V., L., below, may apply after the expiration of the CPP.

IV. DEFINITIONS:

For the purposes of the CPP, the following definitions shall apply:
"Close Contact" means sharing the same indoor space as a COVID-19 Case for a cumulative total of 15 minutes or more over a 24 -hour period during the COVID-19 Case's Infectious Period, as defined by this section, regardless of the use of Face Coverings, unless Close Contact is defined by regulation or order of 1

the California Department of Public Health ("CDPH"). If so, the CDPH definition shall apply.

Employees who were wearing a Respirator as required by the City of Indian Wells and who used such Respirator in compliance with Title 8, Section 5144 (hereinafter referred to as Section 5144) during contact with a COVID-19 Case will be deemed not to have had Close Contact COVID-19 exposure. "COVID-19" means the disease caused by severe acute respiratory syndrome coronavirus 2 ("SARS-CoV-2").
"COVID-19 Case" means a person who either:
(1) Has a positive COVID-19 Test;
(2) Is subject to COVID-19-related order to isolate issued by a local or state health official;
Has a positive COVID-19 diagnosis from a licensed health care provider; or
(4) Has died due to COVID-19, in the determination of a local health department or per inclusion in the COVID-19 statistics of a county. "COVID-19 Hazard" means potentially infectious material that may contain SARS-CoV-2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most commonly result from a person or persons exhaling, talking or vocalizing, coughing, or sneezing, or from procedures performed on persons which may aerosolize saliva or Respiratory tract fluids. "COVID-19 Symptoms" means one of the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person's symptoms were caused by a known condition other than COVID-19. (3)
"COVID-19 Test" means a test for SARS-CoV-2 that is:
(1) Cleared, approved, or authorized, including in an Emergency Use Authorization ("EUA"), by the United States Food and Drug Administration ("FDA") to detect current infection with the SARS-CoV-2 virus (e.g., a viral test); and
(2) Administered in accordance with the authorized instructions. (3) To meet the return to work criteria set forth in Section V., E., a COVID- 19 test may be both self-administered and self -read if the test result can be independently verified (e.g., the employee can provide a time - stamped photograph of the test result).
2

"Exposed Group" means all employees at a work location, working area, or a common area at work, within employer -provided transportation covered by Section 3205.3, or residing within housing covered by Section 3205.2, where a COVID-19 Case was present at any time during the Infectious Period. However, if the COVID-19 Case visited a work location, working area, or a common area at work for less than 15 minutes during the Infectious Period, and all employees were wearing Face Coverings at the time the COVID-19 Case was present, other people at the work location, working area, or common area would not constitute part of the exposed group. Common areas at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. However, places where employees momentarily pass through while everyone is wearing Face Coverings, without congregating, is not a work location, working area, or a common area at work.
"Face Covering" means a surgical mask, a medical procedure mask, a Respirator worn voluntarily, or a tightly woven fabric or non -woven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A Face Covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A Face Covering may be clear or cloth with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard -of -hearing or others who need to see a speaker's mouth or facial expressions to understand speech or sign language respectively. A Face Covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric. "Infectious Period" means the following time period, unless otherwise defined by CDPH regulation or order:
(1) For COVID-19 Cases who develop COVID-19 Symptoms: From two (2) days before the date of symptom onset until after both conditions are satisfied: (1) 10 days have passed after symptoms first appeared, or through day five (5) if testing is negative on day five (5) or later; and (2) 24 hours have passed with no fever, without the use of fever - reducing medications, and symptoms have improved.
(2) For COVID-19 Cases who never develop COVID-19 Symptoms: From two (2) days before the positive specimen collection date through 10 days (or through day five (5) if testing negative on day five (5) or later) after the date on which the specimen for their first positive test for COVID-19 was collected.
"Respirator" means a respiratory protection device approved by the National Institute for Occupational Safety and Health ("NIOSH") to protect the wearer from particulate matter, such as an N95 filtering facepiece Respirator. 3

"Returned Case" means a COVID-19 Case who was excluded from work but returned pursuant to Section V., E. and did not develop any COVID-19 Symptoms after returning. A person shall only be considered a Returned Case for 90 days after the initial onset of COVID-19 Symptoms or, if the person never developed COVID-19 Symptoms, for 90 days after the first positive test. If a period of other than 90 days is required by a CDPH regulation or order, that period shall apply.
"Worksite," for the limited purposes of COVID-19 prevention regulations only, means the building, store, facility, agricultural field, or other location where a COVID-19 Case was present during the Infectious Period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 Case did not enter.

V. PROGRAM
A. CITY OF INDIAN WELLS RECOGNIZES COVID-19 AS A POTENTIAL

WORK -RELATED HAZARD
An employee is potentially exposed to COVID-19 Hazards when near other persons, whether or not the employee is performing an assigned work task.

The City of Indian Wells will treat all persons as potentially infectious, regardless of symptoms, vaccination status, or negative COVID-19 Test results.

COVID-19 shall be considered a hazard specific to an employee's job assignments and job duties if those assignments and/or duties bring the employee near other persons.

B. MEASURES ADOPTED BY THE CITY OF INDIAN WELLS TO
PREVENT COVID-19 TRANSMISSION AND TO IDENTIFY AND
CORRECT COVID-19 HAZARDS AT CITY OF INDIAN WELLS

WORKSITES AND FACILITIES
The City of Indian Wells recognizes that COVID-19 is an airborne infectious disease and treats it as such.

When determining measures to prevent COVID-19 transmission and to identify and correct COVID-19 Hazards, the City of Indian Wells reviews applicable orders and guidance related to COVID-19 from the CDH, DOSH and the local health department in Riverside County.

The City of Indian Wells adopted the following measures to prevent COVID-19 transmission and to identify and correct COVID-19 Hazards at City of Indian Wells Worksites and facilities:
(1) The City of Indian Wells investigates COVID-19 illness at the workplace as provided for in Section V., D. of this CPP;
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(2) The City of Indian Wells effectively responds to COVID-19 Cases at the workplace as provided for in Section V., E. of this CPP; (3) The City of Indian Wells makes COVID-19 Tests available at no cost to employees to all employees who had a Close Contact COVID-19 exposure as provided for in Section V. F. of this CPP;
(4) The City of Indian Wells provides notice of COVID-19 Cases as provided for in Section V., G. of this CPP;
(5) The City of Indian Wells provides Face Coverings to all employees and requires that such Face Coverings are worn when required by regulation or order from the CDPH or local health department, as provided for in Section V., H. of this CPP;
(6) The City of Indian Wells provides Respirators as provided for in Section V. I. of this CPP;
(7) The City of Indian Wells ensures adequate ventilation as provided for in Section V., J. of this CPP;
(8) The City of Indian Wells follows all applicable aerosolizing procedures as provided for in Section V., K. of this CPP;
(9) The City of Indian Wells keeps adequate records and completes all required reports as provided for in Section V., L. of this CPP; and (10) The City of Indian Wells complies with all orders promulgated by the Division of Occupational Safety and Health as provided for in Section V., M. of this CPP.

C. EMPLOYEE TRAINING AND INSTRUCTION
The City of Indian Wells will provide employee training and instruction on COVID-19 in the following circumstances:
(1) When this CPP is adopted or updated;
(2) To all new employees;
(3) To all employees given new job assignments for which training has not previously been received;
(4) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; (5)
Whenever the City of Indian Wells is made aware of a new or previously unrecognized hazard; and
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(6) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

The City of Indian Wells provides training and instruction to City of Indian Wells employees on the following subjects: (1) COVID-19 Symptoms; (2) the spread and transmission of SARS-CoV-2; (3) the importance of COVID-19 vaccinations and boosters; (4) the importance of hand hygiene, Face Coverings and Respirators; (5) information regarding COVID-19-related benefits; and (6) information on the employer's COVID-19 policies and procedures to protect employees from COVID-19, including what is provided for in the CPP.

1. COVID-19 Symptoms
The City of Indian Wells provides employees training and instruction on COVID-19 Symptoms, including advising employees of COVID-19 Symptoms, which include the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person's symptoms were caused by a known condition other than COVID-19.

The City of Indian Wells monitors and adheres to guidance issued by the CDC concerning COVID-19 Symptoms, including guidance provided at the following web address: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html .

The City of Indian Wells will advise employees in the event that the CDC revises the symptoms that its associates with COVID-19.

In addition to providing training and instruction on COVID-19 Symptoms, the City of Indian Wells provides information and instruction on the importance of employees not coming to work if they have any COVID-19 Symptoms. As discussed below, the City of Indian Wells provides information on paid leaves to which employees may be entitled if they are experiencing a COVID-19 Symptom and would like to be tested for COVID-19.

2. Spread and Transmission of the SARS-CoV-2
The City of Indian Wells advises and provides updates to employees about the known spread and transmission of COVID-19. The City of Indian Wells specifically advises employees of the following: (1) that COVID-19 is an infectious Respiratory disease; (2) that the virus that causes COVID-19 can be spread through the air when an infectious person talks or vocalizes, sneezes, coughs, or exhales; (3) that particles containing the virus can travel more than six (6) feet, especially indoors, so physical distancing must be combined with other controls, including Face Coverings and hand hygiene, including hand washing, in order to be effective; (4) that COVID-19 may be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth, although that is less common; and (5) that an infectious person may have no COVID-19 Symptoms or be pre -symptomatic.
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3. Importance of COVID-19 Vaccinations and Boosters
The City of Indian Wells provides employees information and instruction on the fact that COVID-19 vaccines are effective at both preventing the transmission of the virus that causes COVID-19 and preventing serious illness or death, and how employees may receive paid leave for reasons related to COVID-19 vaccinations.

As discussed below, the City of Indian Wells provides information on paid leaves to which employees may be entitled in order for them to be vaccinated and in the event that they experience any illness or adverse effects as a result of such vaccination.

4. Importance of Hand Hygiene, and Face Coverings and
Respirators
The City of Indian Wells advises employees of the importance of physical distancing, Face Coverings, and hand hygiene, including hand washing, and instructs employees that the combination of physical distancing, Face Coverings, increased ventilation indoors, and Respiratory protection make such preventative measures most effective.

With respect to hand hygiene, the City of Indian Wells provides employees information regarding the importance of frequent hand washing, that hand washing is most effective when soap and water are used and the employees washes for at least 20 seconds. The City of Indian Wells instructs employees to use hand sanitizer when employees do not have immediate access to a hand washing facility (i.e., a sink) and that hand sanitizer will not be effective if the employee's hands are soiled.

With respect to Face Coverings and Respirators, the City of Indian Wells provides employees information on the benefits of Face Coverings, both to themselves and to others. The City of Indian Wells also provides employees instructions on the proper use of Face Coverings and the differences between Face Coverings and Respirators.

Upon request, the City of Indian Wells will provide employees Respirators for their use at work. At such time as the City of Indian Wells provides Respirators to employees for their use, it will provide such employees training on the proper use of such Respirators, including, but not limited to, how to properly wear the Respirator and the method by which employees may check the seal of such Respirator in conformance with the manufacturer's instructions.

The City of Indian Wells will provide training on the conditions under which Face Coverings must be worn at the workplace and that employees can request Face Coverings from the City of Indian Wells at no cost to the employee and can wear them at work, regardless of vaccination status, without fear of retaliation.

5. Information regarding City of Indian Wells's COVID-19 Policies and Procedures
The City of Indian Wells provides regular updates to employees on the City of Indian Wells's policies and procedures adopted in order to prevent COVID-19 Hazards at City of Indian Wells Worksites and facilities, how such policies and procedures are intended to protect the health and safety of employees and City of Indian Wells Worksites and 7

facilities, and how employees may participate in the identification and evaluation of COVID-19 Hazards in order to make such Worksites and facilities healthier and safer for themselves and others.

6. Information regarding COVID-19 Related Benefits
The City of Indian Wells advises and provides updates to employees on the leaves to which employees may be entitled under applicable federal, state, or local laws as well as the City of Indian Wells's own leave policies.

Further, when employees require leave in order to receive a COVID-19 Test or to be vaccinated or are directed not to report to work by the City of Indian Wells for reasons related to the presentation of COVID-19 Symptoms, a COVID-19 Case, Close Contact COVID-19 exposure, the City of Indian Wells will advise the employees of the leaves to which the employees may be entitled for that specific reason.

D. CITY OF INDIAN WELLS PROCEDURE FOR INVESTIGATING COVID- 19 ILLNESS AT CITY OF INDIAN WELLS WORKPLACES

1. Investigation of COVID-19 Cases
In the event of a COVID-19 Case, the City of Indian Wells will undertake the following steps to investigate the COVID-19 Case:
(1) Determine the day and time the COVID-19 Case was last present at the workplace;
(2) Determine, to the extent possible, the date of the COVID-19 Case's positive COVID-19 Test(s) and/or diagnosis; and
Determine the date the COVID-19 Case first experience one (1) or more COVID-19 Symptoms, if any were experienced.

The City of Indian Wells will also collect the following information for COVID-19 Cases:
(1) The employee's name;
(2) The employee's contact information;
(3) The employee's occupation;
(4) The location where the employee worked;
(5) The date of the employee's last day at the workplace; and (6) The date of the employee's positive COVID-19 Test and/or COVID-19 diagnosis.

The City of Indian Wells will also collect the following information for COVID-19 Close Contacts:
(1) The employee's name;
(3)
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(2) The employee's contact information; and
(3) The date upon which the City of Indian Wells provided the employee notice of the Close Contact.

2. Identification of and Response to Employees with COVID-19 Symptoms
The City of Indian Wells will identify and respond to persons with COVID-19 Symptoms at the workplace.

The City of Indian Wells encourages employees to report COVID-19 Symptoms and to stay home when ill.

E. CITY OF INDIAN WELLS METHOD OR PROCEDURE FOR
RESPONDING TO A COVID-19 CASE IN THE WORKPLACE

1. Exclusion of COVID-19 Cases from the Workplace
The City of Indian Wells will immediately exclude from the workplace all COVID-19 Cases and, in the event of an outbreak, all employees within the Exposed Group who had a Close Contact with a COVID-19 Case.

The City of Indian Wells will not allow COVID-19 Cases to return to work unless and until the COVID-19 Case satisfies the following requirements:
(1) COVID-19 Cases who do not develop COVID-19 Symptoms shall not return to work during their Infectious Period;
(2) COVID-19 Cases who develop COVID-19 Symptoms shall not return to work during the shorter of the following: (1) the Infectious Period; or (2) through 10 days after the onset of symptoms and at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever -reducing medication.

The above requirements shall apply regardless of whether an employee has previously been excluded from the workplace or the City of Indian Wells took other precautions in response to an employee's Close Contact or membership in an exposed group.

The City of Indian Wells will provide a COVID-19 Case that is excluded from the workplace information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. The City of Indian Wells will provide the employee information on any benefits available under legally mandated sick leave, if applicable, workers' compensation law, local government requirements, the City of Indian Wells own leave policies, and leave guaranteed by contract.

2. Requirement that a COVID-19 Case Wears a Face Covering Regardless of the employee's vaccination status, previous infection, or lack of COVID- 19 Symptoms, a COVID-19 Case shall wear a Face Covering in the workplace until 10 9

days have passed since the date that COVID-19 Symptoms began or, if the COVID-19 Case did not present COVID-19 Symptoms, from the date of their first positive COVID- 19 Test.

3. Responding to Employees Who Had a Close Contact
The City of Indian Wells reviews current CDPH guidance for employees who had a Close Contact, including guidance regarding required or recommended quarantines and other measures intended to reduce the transmission of COVID-19.

The City of Indian Wells has developed policies in order to prevent transmission of COVID-19 by an employees who had a Close Contact.

The City of Indian Wells will provide any employee who had a Close Contact and must be excluded from the workplace information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. The City of Indian Wells will provide the employee information on any benefits available under legally mandated sick leave, if applicable, workers' compensation law, local government requirements, the City of Indian Wells's own leave policies, and leave guaranteed by contract.

4. The City of Indian Wells's Observance of Adherence to Isolation, Quarantine and Exclusion Orders
If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, the City of Indian Wells will not allow any employee who is subject to such order to report to an City of Indian Wells workplace until the employee satisfies the isolation or quarantine requirements or the order is lifted.

If no violations of local or state health official orders for isolation, quarantine, or exclusion would result, the City of Indian Wells may request that DOSH allow employees to return to work on the basis that the removal of an employee would create undue risk to a community's health and safety.

In such cases, the City of Indian Wells would implement effective control measures in order to prevent the transmission of COVID-19 in the workplace, including isolating the employee at the workplace and, if isolation is not feasible, using Respirators.

F. TESTING OF CLOSE CONTACTS
The City of Indian Wells makes COVID-19 Tests available at no cost to employees to all employees who had a Close Contact COVID-19 exposure at an City of Indian Wells Worksite.

The City of Indian Wells will offer such employees COVID-19 Tests during paid time, whether during the employee's regular work schedule or otherwise, and will provide compensation for the time that the employee spends waiting for and being tested.

The City of Indian Wells will not provide free COVID-19 Tests to Returned Cases. 10

G. NOTICE OF COVID-19 CASES

1. Notice to Close Contacts
In the event of a known Close Contact, the City of Indian Wells will notify employees and independent contractors who had a Close Contact, as well as any employer with an employee who had a Close Contact.

The City of Indian Wells will provide the notice as soon as possible after becoming aware of the Close Contact, and in no case longer than the time required to ensure the exclusion of the Close Contact, if required pursuant to the requirements for the exclusion of Close Contacts described in Section IV., E., 3., above.

2. Notice of Workplace Exposures
When Labor Code section 6409.6 or any successor law is in effect, in the event of a workplace COVID-19 exposure, the City of Indian Wells will provide notice to employees and the employers of independent contractors who were present at the Worksite at the same time as the COVID-19 Case. The City of Indian Wells will provide such notice in a form readily understandable to employees, as required by Labor Code section 6409.6.

When Labor Code section 6409.6 or any successor law is in effect, in the event of a workplace COVID-19 exposure, the City of Indian Wells will provide notice to the authorized representative, if any, of the COVID-19 Case and of any employee who had a workplace COVID-19 exposure as a result of the COVID-19 Case.

H. FACE COVERINGS

1. General Face Covering Requirements
The City of Indian Wells provides Face Coverings to all employees and requires that such Face Coverings are worn when required by regulation or order from the CDPH or local health department.

When a CDPH regulation or order requires Face Coverings indoors, the City of Indian Wells will require employees to wear Face Coverings in vehicles, unless expressly provided that Face Coverings need not be worn in such circumstances.

The City of Indian Wells requires that employees' Face Coverings be clean, undamaged and worn over both the nose and mouth.

The City of Indian Wells allows employees to use face shields to supplement, not supplant, Face Coverings.

2. Limited Exceptions to Face Covering Requirements
The City of Indian Wells will not require that employees wear Face Coverings when the use of Face Coverings is required as a result of a regulation or order from the CDPH or local health department during the following circumstances:
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(1) When an employee is alone in a room (e.g., alone in an office or another space with walls that extend from the floor to the ceiling and a door that may be closed in order to close the space to others) or vehicle; (2) While the employee is eating and drinking at the workplace, provided that employees are at least six (6) feet apart and that the City of Indian Wells has maximized the supply of outside or filtered air to the area. (3)
While the employee is wearing a Respirator required by the City of Indian Wells and the Respirator is being used in compliance with the regulatory requirements for the use of such Respirators.
(4) If the employee cannot wear Face Coverings due to a medical or mental health condition or disability, or because the employee is hearing -impaired or is communicating with a hearing -impaired person. In such a circumstance, the employees shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if the condition or disability permits it. (5)
While the employee is performing specific tasks which cannot feasibly be performed with a Face Covering. This exception is limited to the time period in which the employees is actually performing the task.

If an employee is not wearing a Face Covering pursuant to the exceptions in subsections (4) and (5), above, the City of Indian Wells will assess COVID-19 Hazards and take action as necessary based on General Industry Safety Orders, including Sections 3205 and 3203.

3. The City of Indian Wells Will Not Prevent or Discourage Employees from Wearing Face Coverings
The City of Indian Wells will not prevent or discourage any employee from wearing a Face Covering, including a Respirator, when the use of such a Face Covering is not required by a regulation or order from the CDPH or local health department.

Notwithstanding the above, the City of Indian Wells may prevent an employee from wearing a Face Covering if the use of such Face Covering would create a safety hazard.

I. RESPIRATORS
Upon request, the City of Indian Wells shall provide any employee who is working indoors or in a vehicle with more than one person a Respirator for the employee's voluntary use. The City of Indian Wells will provide such Respirators at no cost to the employee.

However, the City of Indian Wells will not provide an employee a Respirator if the City of Indian Wells determines that the employee's use of such Respirator will itself create a hazard.
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If the City of Indian Wells determines that any voluntary Respirator use is permissible, the City of Indian Wells will provide the employee information contained in Appendix D to Title 8, Section 5144 ("Information for Employees Using Respirators When Not Required Under the Standard"). The City of Indian Wells will ensure that the employee is provided with a Respirator of the correct size, that the employee is trained how to properly wear the Respirator provided, that the employee knows how to perform a seal check according to the manufacturer's instructions each time a Respirator is worn, and that the employee understands that facial hair interferes with a seal.

As part of the provision of Respirators, the City of Indian Wells will establish and implement those elements of a written Respiratory protection program necessary to ensure that any employee using a Respirator voluntarily is medically able to use that Respirator, and that the Respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the employee.

Further, the City of Indian Wells will designate a program administrator who is qualified by appropriate training or experience that is commensurate with the complexity of the program to administer or oversee the Respiratory protection program and conduct the required evaluations of program effectiveness.

The City of Indian Wells will provide Respirators, training, and medical evaluations at no cost to the employee.

J. VENTILATION

1. Ventilation of Indoor Workplaces
The City of Indian Wells will monitor and review CDPH and DOSH guidance regarding ventilation for indoor workplaces, including, but not limited to, the "Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments." The City of Indian Wells will evaluate whether current indoor ventilation is adequate in order to reduce the risk of transmission of SARS-CoC-2 if a COVID-19 Case enters the workplace. Where such indoor ventilation is not adequate, the City of Indian Wells will implement changes as necessary to provide adequate ventilation.

2. Maximization of Outdoor Air in Vehicles
The City of Indian Wells will require that employees who use vehicles for work -related purposes maximize the supply of outside air inside the vehicle to the extent feasible, except when doing so would cause a hazard to employees or expose them to inclement weather.

3. City of Indian Wells Compliance with the Regulatory
Requirements regarding Mechanical Ventilation Systems,
including Mechanically -Driven Heating, Ventilating and Air Conditioning ("HVAC") Systems
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The City of Indian Wells will review and comply with relevant requirements provided for at Title 8, Section 5142 and 5143 concerning "Mechanically Driven Heating, Ventilating and Air Conditioning ("HVAC") Systems to Provide Minimum Building Ventilation" and "General Requirements of Mechanical Ventilation Systems," respectively.

4. Ventilation During and After a Workplace COVID-19 Outbreak In the event of a workplace COVID-19 outbreak, the City of Indian Wells will comply with the ventilation requirements below, which are set forth at Section 3205.1.

For the purpose of determining whether there exists an "outbreak," the City of Indian Wells will consider an "outbreak" to mean three (3) or more employee COVID-19 Cases within an exposed group who have visited the Worksite during their Infectious Period during any 14 -day period. The City of Indian Wells will use this definition unless a CDPH regulation or order defines the term "outbreak" using a different number of COVID-19 Cases or a different time period for determining the existence of a workplace COVID-19 outbreak.

In buildings or structures with mechanical ventilation, the City of Indian Wells will filter recirculated air with Minimum Efficiency Reporting Value ("MERV")-13 or higher efficiency filters if compatible with the ventilation system. If MERV-13 or higher filters are not compatible with the ventilation system, employers shall use filters with the highest compatible filtering efficiency.

Where ventilation is inadequate to reduce the risk of COVID-19 transmission, the City of Indian Wells will use High Efficiency Particulate Air ("HEPA") air filtration units in accordance with manufacturers' recommendations in indoor areas occupied by employees for extended periods.

K. AEROSOLIZING PROCEDURES
The City of Indian Wells will evaluate the need for respiratory protection to prevent the transmission of COVID-19 transmission under Section 5144 and will comply with the protective requirements for employees who work in work settings that are exempt from Section 5199, but who may be exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids.

L. REPORTING AND RECORDKEEPING

1. Reporting Cases and Outbreaks to the Local Health
Department
The City of Indian Wells will report information about COVID-19 Cases and outbreaks at the Worksite to the local health department whenever required by law, and shall provide any related information requested by the local health department.

The City of Indian Wells will report all information to the local health department as required by Labor Code section 6409.6.
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2. Recording and Retention of Records regarding COVID-19 Cases and Close Contacts
a. Tracking and Recording Information about COVID-19
Cases
The City of Indian Wells will keep a track all COVID-19 Cases and will record the following information about such cases:
(1) The employee's name;
(2) The employee's contact information;
(3) The employee's occupation;
(4) The location where the employee worked;
(5) The date of the employee's last day at the workplace; and (6) The date of the employee's positive COVID-19 Test and/or COVID-19 diagnosis.
b. Tracking and Recording Information about Close
Contacts
The City of Indian Wells will also track employees who had a Close Contact exposure and will record the following information about such exposures:
(1) The employee's name;
(2) The employee's contact information; and
(3) The date upon which the City of Indian Wells provided the employee notice of the Close Contact.
c. Retention of Records regarding COVID-19 Cases and
Close Contacts
The City of Indian Wells will retain records regarding COVID-19 Cases and Close Contacts for two (2) years beyond the period in which the record is necessary to meet the requirements of this Sections 3205 through 3205.3.

3. Retention of COVID-19 Workplace Exposure Notices
The City of Indian Wells will retain the notices that the City of Indian Wells provides to employees, the employers of independent contractors, and employee organization in the event of a workplace COVID-19 exposure for three (3) years in accordance with Labor Code section 6409.6(k) or any successor law.
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4. Confidentiality of Records Related to COVID-19 Cases, Close Contacts, and Symptomatic Employees
The City of Indian Wells will keep confidential all personal identifying information of COVID-19 Cases, Close Contacts and employees with COVID-19 Symptoms, unless disclosure is required or permitted by law.

The City of Indian Wells will also keep confidential any employee medical records, unless disclosure is required or permitted by law.

The City of Indian Wells will provide unredacted information on COVID-19 Cases to the local health department, CDPH, the Division, and NIOSH immediately upon request, and when required by law
M. CITY OF INDIAN WELLS COMPLIANCE WITH OTHER ORDERS BY DOSH
The City of Indian Wells will comply any additional actions required by DOSH through or by the issuance of an Order to Take Special Action in order to protect City of Indian Wells employees against COVID-19 Hazards
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ATTACHMENT #2
This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov . These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at https://www.dir.ca.gov/od_pub/disclaimer.html .

Subchapter 7. General Industry Safety Orders
Introduction
Return to index
New query
§3205. COVID-19 Prevention.
(a) Scope.
(1) This section shall apply until February 3, 2025, except for the recordkeeping subsection 3205(j), which shall apply until February 3, 2026.
(2) This section applies to all employees and places of employment, with the following exceptions:
(A) Work locations with one employee who does not have contact with other persons. (B) Employees working from home.
(C) Employees with occupational exposure as defined by section 5199, when covered by that section. (D) Employees teleworking from a location of the employee's choice, which is not under the control of the employer.
(3) Nothing in this section or sections 3205.1 through 3205.3 is intended to limit more protective or stringent state or local health depai tment orders or guidance.
(b) Definitions. The following definitions apply to this section and to sections 3205.1 through 3205.3. (1) "Close contact" means the following, unless otherwise defined by regulation or order of the California Depai anent of Public Health (CDPH), in which case the CDPH definition shall apply:
(A) In indoor spaces of 400,000 or fewer cubic feet per floor, a close contact is defined as sharing the same indoor airspace as a COVID-19 case for a cumulative total of 15 minutes or more over a 24 -hour period during the COVID-19 case's infectious period, as defined by this section, regardless of the use of face coverings.
(B) In indoor spaces of greater than 400,000 cubic feet per floor, a close contact is defined as being within six feet of the COVID-19 case for a cumulative total of 15 minutes or more over a 24 -hour period during the COVID-19 case's infectious period, as defined by this section, regardless of the use of face coverings. (C) Offices, suites, rooms, waiting areas, break or eating areas, bathrooms, or other spaces that are separated by floor -to -ceiling walls shall be considered distinct indoor spaces. Page 28 of 516

Exception: Employees have not had a close contact if they wore a respirator required by the employer and used in compliance with section 5144 whenever they would otherwise have had a close contact under subsections 3205(b)(1)(A) or (b)(1)(B).
(2) "COVID-19" (Coronavirus Disease 2019) means the disease caused by SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2).
(3) "COVID-19 case" means a person who:
(A) Has a positive COVID-19 test; or
(B) Has a positive COVID-19 diagnosis from a licensed health care provider; or (C) Is subject to a COVID-19-related order to isolate issued by a local or state health official; or (D) Has died due to COVID-19, in the determination of a local health department or per inclusion in the COVID-19 statistics of a county.
(4) "COVID-19 hazard" means potentially infectious material that may contain SARS-CoV 2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most commonly result from a person or persons exhaling, talking or vocalizing, coughing, or sneezing, or from procedures performed on persons which may aerosolize saliva or respiratory tract fluids.
(5) "COVID-19 symptoms" means fever of 100.4 degrees Fahrenheit or higher, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, or diarrhea, unless a licensed health care professional determines the person's symptoms were caused by a known condition other than COVID-19. (6) "COVID-19 test" means a test for SARS-CoV-2 that is:
(A) Cleared, approved, or authorized, including in an Emergency Use Authorization (EUA), by the United States Food and Drug Administration (FDA) to detect current infection with the SARS-CoV-2 virus (e.g., a viral test); and
(B) Administered in accordance with the authorized instructions. (C) To meet the return to work criteria set forth in subsection 3205(c)(5), a COVID-19 test may be both self-administered and self -read only if another means of independent verification of the results can be provided (e.g., a time -stamped photograph of the results). (7) "Exposed group" means all employees at a work location, working area, or a common area at work, within employer -provided transportation covered by section 3205.3, or residing within housing covered by section 3205.2, where an employee COVID-19 case was present at any time during the infectious period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply:
(A) For the purpose of determining the exposed group, a place where persons momentarily pass through, without congregating, is not a work location, working area, or a common area at work. (B) If the COVID-19 case was part of a distinct group of employees who are not present at the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.

(C) If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the infectious period, and the COVID-19 case was wearing a face covering during the entire visit, other people at the work location, working area, or common area are not part of the exposed group.

Note: An exposed group may include the employees of more than one employer. See Labor Code sections 6303 and 6304.1.
(8) "Face covering" means a surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non -woven material of at least two layers that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric.

This definition includes clear face coverings or cloth face coverings with a clear plastic panel that otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hard -of - hearing or others who need to see a speaker's mouth or facial expressions to understand speech or sign language respectively.
(9) "Infectious period" means the following time period, unless otherwise defined by CDPH regulation or order, in which case the CDPH definition shall apply:
(A) For COVID-19 cases who develop COVID-19 symptoms, from two days before the date of symptom onset until :
(1) Ten days have passed after symptoms first appeared, or through day five if testing negative on day five or later; and
(2) Twenty-four hours have passed with no fever, without the use of fever -reducing medications, and symptoms have improved.
(B) For COVID-19 cases who never develop COVID-19 symptoms, from two days before the positive specimen collection date through 10 days (or through day five if testing negative on day five or later) after the date on which the specimen for their first positive test for COVID-19 was collected. (10) "Respirator" means a respiratory protection device approved by the National Institute for Occupational Safety and Health (NIOSH) to protect the wearer from particulate matter, such as an N95 filtering facepiece respirator.
(11) "Returned case" means a COVID-19 case who was excluded from work but returned pursuant to subsection 3205(c)(5)(A) and did not develop any COVID-19 symptoms after returning. A person shall only be considered a returned case for 30 days after the initial onset of COVID-19 symptoms or, if the person never developed COVID-19 symptoms, for 30 days after the first positive test. If a period of other than 30 days is required by a CDPH regulation or order, that period shall apply. (12) "Worksite," for the limited purposes of this section and section 3205.1, means the building, store, facility, agricultural field, or other location where a COVID-19 case was present during the infectious period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter. (c) Application of section 3203. COVID-19 is a workplace hazard and shall be addressed under section 3203, which requires employers to establish, implement, and maintain an effective Injury and Illness Prevention Program. The employer's COVID-19 procedures shall either be addressed in the written Injury and Illness Prevention Program or maintained in a separate document.

(1) When determining measures to prevent COVID-19 transmission and to identify and correct COVID-19 hazards, employers shall consider all persons to be potentially infectious, regardless of symptoms, vaccination status, or negative COVID-19 test results.
(2) When determining measures to prevent COVID-19 transmission and to identify and correct COVID-19 hazards, employers shall review applicable orders and guidance related to COVID-19 from the State of California and the local health department with jurisdiction over the workplace and shall treat COVID-19 as an airborne infectious disease. COVID-19 prevention controls include remote work, physical distancing, reducing the density of people indoors, moving indoor tasks outdoors, implementing separate shifts and/or break times, restricting access to the work area, and other prevention measures, in addition to the requirements of this section.
(3) Employees shall receive training regarding COVID-19 in accordance with subsection 3203(a)(7). (4) The employer's procedure to investigate COVID-19 illness at the workplace, as required by subsection 3203(a)(5), shall include the following:
(A) The employer shall determine the day and time a COVID-19 case was last present and, to the extent possible, the date of the positive COVID-19 test(s) and/or diagnosis, and the date the COVID-19 case first had one or more COVID-19 symptoms, if any were experienced. (B) The employer shall effectively identify and respond to persons with COVID-19 symptoms at the workplace. Employees shall be encouraged to report COVID-19 symptoms and to stay home when ill. (5) Employers shall have effective methods and/or procedures for responding to a COVID-19 case at the workplace, including the following:
(A) Employers shall immediately exclude from the workplace all COVID-19 cases and employees excluded under section 3205.1. The employer shall demonstrate it has met the applicable requirements below:

1. COVID-19 cases who do not develop COVID-19 symptoms shall not return to work during the infectious period;

2. COVID-19 cases who develop COVID-19 symptoms shall not return to work during the shorter of the following: the infectious period; or through 10 days after the onset of symptoms and at least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever - reducing medication.

3. Regardless of vaccination status, previous infection, or lack of COVID-19 symptoms, a COVID-19 case shall wear a face covering in the workplace until 10 days have passed since the date that COVID-19 symptoms began or, if the person did not have COVID-19 symptoms, from the date of their first positive COVID-19 test.

4. The requirements in subsections 3205(c)(5)(A)1. and (c)(5)(A)2. apply regardless of whether an employee has previously been excluded or other precautions were taken in response to an employee's close contact or membership in an exposed group.
(B) Employers shall review current CDPH guidance for persons who had close contacts, including any guidance regarding quarantine or other measures to reduce transmission. Employers shall develop, implement, and maintain effective policies to prevent transmission of COVID-19 by persons who had close contacts.
(C) If an order to isolate, quarantine, or exclude an employee is issued by a local or state health official, the employee shall not return to work until the period of isolation or quarantine is completed or the order is

lifted.
(D) If no violations of local or state health official orders for isolation, quarantine, or exclusion would result, the Division may, upon request, allow employees to return to work on the basis that the removal of an employee would create undue risk to a community's health and safety. In such cases, the employer shall develop, implement, and maintain effective control measures to prevent transmission in the workplace including providing isolation for the employee at the workplace and, if isolation is not feasible, the use of respirators in the workplace.
(E) Upon excluding an employee from the workplace based on COVID-19 or a close contact, the employer shall give the employee information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. This includes any benefits available under legally mandated sick leave, if applicable, workers' compensation law, local governmental requirements, the employer's own leave policies, and leave guaranteed by contract. (d) Testing of close contacts. Employers shall make COVID-19 tests available at no cost, during paid time, to all employees of the employer who had a close contact in the workplace, with the exception of returned cases as defined in subsection 3205(b)(11), and provide them with the information on benefits described in subsection 3205(c)(5)(E).
(e) Notice of COVID-19 cases.
(1) The employer shall notify employees and independent contractors who had a close contact, as well as any employer with an employee who had a close contact. Notice shall be provided as soon as possible, and in no case longer than the time required to ensure that the exclusion requirements of subsection 3205(c)(5)(A) are met.
(2) When Labor Code section 6409.6 or any successor law is in effect, the employer shall provide notice of a COVID-19 case, in a form readily understandable to employees. Notice shall be given to all employees, employers, and independent contractors at the worksite in accordance with the applicable law. (3) When Labor Code section 6409.6 or any successor law is in effect, the employer shall provide notice in accordance with the applicable law to the authorized representative, if any, of the COVID-19 case and of any employee who had a close contact. The employer shall also provide notice in accordance with the applicable law to the authorized representative, if any, of all employees on the premises at the same worksite as the COVID-19 case within the infectious period.
(f) Face coverings.
(1) Employers shall provide face coverings and ensure they are worn by employees when required by a CDPH regulation or order. When a CDPH regulation or order requires face coverings indoors, that includes spaces within vehicles. Face coverings shall be clean, undamaged, and worn over the nose and mouth. (2) When employees are required to wear face coverings under this section or sections 3205.1 through 3205.3, the following exceptions apply:
(A) When an employee is alone in a room or vehicle.
(B) While eating or drinking at the workplace, provided employees are at least six feet apart and, if indoors, the supply of outside or filtered air has been maximized to the extent feasible. (C) While employees are wearing respirators required by the employer and used in compliance with section 5144.

(D) Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing -impaired or communicating with a hearing -impaired person. Such employees shall wear an effective non-restrictive alternative, such as a face shield with a drape on the bottom, if the condition or disability permits it.
(E) During specific tasks which cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed. (3) If an employee is not wearing a face covering pursuant to the exceptions in subsections 3205(f)(2)(D) and (f)(2)(E) the employer shall assess COVID-19 hazards and take action as necessary based on subsection 3205(c) and on section 3203.
(4) No employer shall prevent any employee from wearing a face covering, including a respirator, when not required by this section, unless it would create a safety hazard. (g) Respirators. Upon request, employers shall provide respirators for voluntary use in compliance with subsection 5144(c)(2) to all employees who are working indoors or in vehicles with more than one person.

Whenever an employer makes respirators for voluntary use available, the employer shall encourage their use and shall ensure that employees are provided with a respirator of the correct size and that employees are trained how to properly wear the respirator provided; how to perform a user seal check according to the manufacturer's instructions each time a respirator is worn; and the fact that facial hair interferes with a seal. (h) Ventilation.
(1) For indoor workplaces, employers shall review CDPH and the Division guidance regarding ventilation, including "Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments." Employers shall develop, implement, and maintain effective methods to prevent transmission of COVID-19 including one or more of the following actions to improve ventilation:
(A) Maximize the supply of outside air to the extent feasible, except when the United States Environmental Protection Agency (EPA) Air Quality Index is greater than 100 for any pollutant or if opening windows or maximizing outdoor air by other means would cause a hazard to employees, for instance from excessive heat or cold.
(B) In buildings and structures with mechanical ventilation, filter circulated air through filters at least as protective as Minimum Efficiency Reporting Value (MERV)-13, or the highest level of filtration efficiency compatible with the existing mechanical ventilation system. (C) Use High Efficiency Particulate Air (HEPA) filtration units in accordance with manufacturers' recommendations in indoor areas occupied by employees for extended periods, where ventilation is inadequate to reduce the risk of COVID-19 transmission. (2) Employers subject to section 5142 or 5143 shall review and comply with those sections, as applicable.

Note: Section 5142 requires heating, ventilating, and air-conditioning (HVAC) systems to be operated continuously during working hours, with limited exceptions. (3) In vehicles, employers shall maximize the supply of outside air to the extent feasible, except when doing so would cause a hazard to employees or expose them to inclement weather. (4) A place of employment subject to section 3205.1 after February 3, 2023 shall continue to comply with the ventilation requirements of subsection 3205.1(f) even after the outbreak has passed and section 3205.1 is no longer applicable.

(i) Aerosolizing procedures. For employees in work settings that are exempt from section 5199 in accordance with the conditions in subsection 5199(a)(2)(A) or (a)(2)(B), who are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids, employers shall evaluate the need for respiratory protection to prevent COVID-19 transmission under section 5144 and shall comply with that section.

Note: Examples of work covered by subsection 3205(i) include, but are not limited to, certain dental procedures and outpatient medical specialties not covered by section 5199. (j) Reporting and recordkeeping.
(1) The employer shall keep a record of and track all COVID-19 cases with the employee's name, contact information, occupation, location where the employee worked, the date of the last day at the workplace, and the date of the positive COVID-19 test and/or COVID-19 diagnosis. These records shall be retained for two years beyond the period in which the record is necessary to meet the requirements of this section or sections 3205.1 through 3205.3.
(2) Employers shall retain the notices required by subsection 3205(e) in accordance with Labor Code section 6409.6 or any successor law.
(3) Personal identifying information of COVID-19 cases or persons with COVID-19 symptoms, and any employee medical records required by this section or by sections 3205.1 through 3205.3, shall be kept confidential unless disclosure is required or permitted by law. Unredacted information on COVID-19 cases shall be provided to the local health department with jurisdiction over the workplace, CDPH, the Division, and NIOSH immediately upon request, and when required by law. (k) Orders. Pursuant to title 8, section 332.3, the Division may require an employer to take additional actions to protect employees against COVID-19 hazards through the issuance of an Order to Take Special Action.

Credits
Note: Authority cited: Section 142.3, Labor Code. Reference: Sections 142.3, 144.6 and 6409.6, Labor Code.

History

1. New section filed 11-30-2020 as an emergency; operative 11-30-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 49).

A Certificate of Compliance must be transmitted to OAL by 10-1-2021 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 74, No. 43.

2. Governor Newsom issued Executive Order N-84-20 (2019 CA EO 84-20), dated December 14, 2020, which suspended certain provisions relating to the exclusion of COVID-19 cases from the workplace.

3. Editorial correction of punctuation errors in subsections (b)(1), (c)(3) (D), (c)(10)(C) and (c)(10)(E) (Register 2021, No. 24).

4. New section refiled with amendments 6-17-2021 as an emergency; operative 6-17-2021 pursuant to Executive Order N-09-21 (Register 2021, No. 25). Exempt from the APA pursuant to Government Code sections 8567, 8571 and 8627 (Executive Order N-09-21). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 1-13-2022 or emergency language will be repealed by operation of law on the following day.

5. New section, including amendments, refiled 1-5-2022 as an emergency; operative 1-14-2022 (Register 2022, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-14-2022 or emergency language will be repealed by operation of law on the following day.

6. Editorial correction of History 5 (Register 2022, No. 9).

7. Emergency filed 1-5-2022 extended an additional 21 calendar days pursuant to Executive Order N-5-22. A Certificate of Compliance must be transmitted to OAL by 5-5-2022 or emergency language will be repealed by operation of law on the following day.

8. New section, including amendments, refiled 5-5-2022 as an emergency pursuant to EO N-23-21; operative 5- 5-2022 pursuant to EO N-23-21 (Register 2022, No. 18). Pursuant to EO N-23-21, a Certificate of Compliance must be transmitted to OAL by 12-31-2022 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 5-5-2022 order, including amendment of section, transmitted to OAL 12-20- 2023 and filed 2-3-2023; amendments effective 2-3-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 5).

Go Back to General Industry Safety Orders, Introduction

INDIAN WELLS CITY COUNCIL
July 6, 2023
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Voting Delegate to Annual League Conference in Sacramento
RECOMMENDED ACTIONS:

Council DESIGNATES Council Member Dana Reed as the Voting Delegate for the City of Indian Wells at the 2023 League of California Cities Annual Conference held on September 20-22, in Sacramento.

BACKGROUND:

The League of California Cities has requested, in their letter dated June 21, 2023, the City formally appoint a voting delegate and up to two alternates to the Annual League of California Cities Annual Conference held in Sacramento on September 20-22, 2023. Only those delegates/alternates that have been approved by City Council action may participate in the Business Meeting as a voting delegate.

At the annual meeting, the membership will consider and act on resolutions establishing League policies. Each member City has one vote on these policy matters. Consistent with the League's bylaws, a City's voting delegate and up to two alternates must be designated by the City Council to vote at the Annual Business Meeting.

Council Member Reed plans to attend this year's League Conference, and it would be appropriate to designate him as the Voting Delegate. The voting delegate must be registered for the conference.

FISCAL IMPACT:

This is an authorized Council event and budgeted in Account 101.11.01.05550 with sufficient funds in the Fiscal Year 2023-24 City Council budget.

ATTACHMENTS:

1. 2023 Voting Delegate Packet

As,'

LEAGUE OF

CALIFORNIA
CITIES
ATTACHMENT #1
Council Action Advised by August 28, 2023
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member -driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre -conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities' event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA
CITIES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals©calcities.org.

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA
CITIES
General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org 39 of 516

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LEAGUE OF
i k .4' 'i o' N II I, CALIFORNIA
CITIES
CITY:
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name: Email:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title
Email: Email:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Email:

Mayor or City Clerk: Date: Phone:
(circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.

1111/4

LEAGE OF

CALIFORNIA
CITIES
How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision -making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here's how Resolutions and the General Assembly works.

Prior to the Annual Conference and Expo
General Resolutions
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

Policy Committees
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

During the Annual. Conference and Expo
Petitioned Resolutions
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

General Assembly
1 Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved'
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified?
1 During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

What's new in 2023?
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

Who's who
Cal Cities policy
development is a
member -informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
' The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. s Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

For more information visit www.calcities.org/general-assembly

INDIAN WELLS CITY COUNCIL
July 6, 2023
To: City Council
From: Finance Department
Prepared by: Ruby D. Walla, Assistant Finance Director
Subject: City Treasurer's Report for May 2023
RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer's Report for May 2023.

DISCUSSION:

Attached are the monthly cash balance and investment reports for May 2023.

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 May 31, 2023:
• The City's cash and investments totaled $77,826,147.68 • The City's portfolio earned a 1.995% rate of return.

Treasurer's Certification
• Compliance - The City Treasurer certifies that the City's cash and investments presented in this Report comply with the City's investment policy and with the legal requirements of the State of California Government Code section 53600. • Liquidity - The City Treasurer certifies that the City's portfolio is sufficient to meet its financial obligations for the next six months. The investment portfolio will remain sufficiently liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature while cash is needed to meet anticipated demands (static liquidity). Additionally,

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

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

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

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

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

ATTACHMENTS:

1. May Treasurer's Report

NET CASH & INVESTMENT SUMMARY MAY 2023 ATTACHMENT #1

UNRESTRICTED FUNDS
May May
2023 2022

GENERAL FUND
101- GENERAL $ 16,618,258.01 $ 16,432,248.64
TOTAL GENERAL FUND 16,618,258.01 16,432,248.64

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TRAFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE "A"
209 - F.A.M.D. #1
210 - SCAQMD (VEHICLE REG.)
211 - AB 3229 COPS FUNDING
214 - GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MAINT
217 - GAS TAX 2107 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 2000-1
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
275 - SH 111/IWGR (ENTRANCE) LLMD
276 - CLUB/IW 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
12,658.64 2,305.67
19,656.74 5,955.71
120,990.42 3,083.69
1,959,110.76 2,526,071.95
14,042.38 13,201.21
58,129.74 8,336.33
13,742.95 3,686.56
10,808.49 2,307.63
8,752.74 1,858.56
14,291.88 3,186.68

0.00 333.33
98,760.84 330,848.21
5,314,621.36 4,128,112.65
325,054.45 430,275.78
682,298.38 645,383.66
16,745.76 15,493.22
1,661,107.81 1,401,746.81
2,699,153.54 2,186,331.54

0.00 14,110,044.54
69, 084.75 76, 044.89
14,086.11 16,728.18
10,448.27 9,949.88
9,525.46 8,479.72
193,941.88 126,173.23
30,904.43 25,696.46
105,042.73 117,016.73
56,563.75 64,335.83
178,497.79 189,210.58
111,861.74 118,649.33
51,977.25 59,116.42
271,855.39 310,886.08
37,122.36 39,471.50
34,408.92 33,631.22
105,305.91 108,078.51
22,218.97 20,306.24
209,728.39 193,470.54
564,648.30 590,162.30
15,107,149.28 27,925,971.37

CAPITAL PROJECT FUNDS
310 - PARK FACILITIES FEES 20,554.00 0.00
311 - TRANSPORTATION FACILITIES FEES 0.00 0.00
313 - RECREATION FACILITIES FEES 0.00 0.00
314 - PARK -IN -LIEU FEES 92,031.45 22,168.00
315 - CITYWIDE PUBLIC IMPROVEMENT FEE 0.00 186,868.00
316 - CAPITAL IMPROVEMENT 5,443,593.94 4,988,262.53
319 - ART IN PUBLIC PLACES 492,573.64 300,395.41
321 - HIGHWAY 111 CIRCULATION IMP FEE 37,219.70 10,985.70 TOTAL CAPITAL PROJECT FUNDS 6,085,972.73 5,508,679.64
CITY OF INDI N WELLS Page 44 of 516
T:\Common\bank\Treasurer's Report\CashlOMay 23 5:40 PM6/26/2023

NET CASH & INVESTMENT SUMMARY MAY 2023
PAGE 2
RESTRICTED FUNDS (Cont.)

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 - TECHNOLOGY CAPITAL RESERVE
332 - CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPITAL RESERVE
334 - NAMING RIGHTS CAPITAL RESERVE
350 - DISASTER RECOVERY RESERVE

TOTAL REPLACEMENT FUNDS

SUCCESSOR AGENCY FUNDS
453 - DEBT SERVICE
456 - RDA OBLIGATION RETIREMENT
460 - INDIAN WELLS FINANCING AUTHORITY

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 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE
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
May
2023
1,993,339.80
1,792,463.00
1,426,844.07
720,731.00
591,621.00
540, 371.00
17,162,229.00
123,930.00

0.00 292,250.00
24,643,778.87
5,165, 500.00
2,165,923.00
277.98
May
2022
1,759,893.80
1,809,625.00
1,440,405.07
727,374.00
597,733.00
545,871.00
19,848,108.00
125,241.00

0.00 0.00
26,854,250.87
8,383,632.81
1,062,774.00

0.00 7,331,700.98 9,446,406.81
4,972,342.02
4,972,342.02
1,679,383.64
1,679,383.64
581,645.00
581,645.00
1,385,368.15
1,385,368.15
251,544.45
251,544.45
612,512.00
612,512.00
805,917.15 1,004,994.63
805,917.15 1,004,994.63
77,826,147.68 89,421,976.56
125,080.14
510,715.92
2,493.77
11,228,274.31
312,883.87
857,147.39
208,040.44
13,244,635.84
523,362.67
1,154,815.13

17.69 0.00
1,569,906.33
865,836.55

0.00 4,113,938.37
$ 91,070,783.52 $ 93,535,914.93
16,618,258.01 16,432,248.64
74,452,525.51 77,103,666.29
T:\Common\bank\Treasurer's Report\Cash10May 23
$ 91,070,783.52 $ 93,535,914.93
Pa1.70 /29102!16

City of Indian Wells
Bank Reconciliation Report - City Held Cash
Finance Department
M0I4TIC MeV 31. 2023
Investment; investment Type
investment pescrPption Book Value
Bank Chocking 61 Swgg11___
1 Pacific Western Bank • Sweep **-**1117 3,424,814.26
2 Pacific Western Bank - Accts. Payable **-**3411 0.00
3 Pacific Western Bank - Payroll Y* -**1752 0.00
6 Pacific Western Bank - Ambulance **-****7937 0.00
7 Pacific Western Bank - Public Funds MMA **-****5064 15,219.03 4 Union Bank of CA - Sweep Investment ***-***0121 0.00
8 US Bank Money Market - Investment 0.00
9 US Bank Money Market - 4590 338.663.02
10 US Bank Money Market - 4591 18,832.08
19 Petty Cash 2,000.00
Ms Pool nta
21 Leta! Agency Investmentlurrd - City 9831395 15.590.418.&] Certificates of Deposit
473 Certificate M 048 511-Fir51 Natairal Bank 01 America 32110YLK9 24&000.06 480 Certificate of Deposit -Discover Bank 254673UL8 250,000.00 484 Certificate of Deposit-Comenity Capital Bank 20033AM86 250,000.00 483 Certificate of Deposit-USB Bank USA 90348JFF2 250.000.00 498 Certificate of Deposit -10A Federal Credit Union 7496220L0 249,000.00 499 Certificate or Deposit -Capital One Bank 14042TAY3 247,000.00 501 Certificate or Deposit-BankWest 06652CHA2 249,000.00 512 Certificate of Deposit -BMW Bank North America 05580AVX9 250,000.00 513 Certificate of Deposit-Nicolet Nation Bank 654062722 250,000,00 514 Certificate of Deposit -Live Oak Banking Company 538036LD4 250,000.00 515 Certificate of Deposit -Alma Bank 0200808X4 250,000.00 516 Certificate of Deposit -State Bank of India 856285TF8 248,00000 517 Certificate of Deposit -First Nall Bank of McGregor TX 321120/309 249,000.00 518 Cert�cate of Deposit-Centerstate Bank 15201ODE4 248,000.00 519 Certificate of Deposit -Northwest Bank 66736ABV0 249,000.00 520 Certificate of Deposit -Encore Bank 29260MBE4 249,000.00 521 Certificate of Deposit -First Freedom Bank 32027BAM9 249,000.00 522 Certificate of Deposit -Pacific Western Bank 69506YRL5 248,000.00 525 Certificate of Deposit -Bank of Baroda 06063HMS9 249,000.00 548 Certificate of Deposit -Toyota Financial Sgs Bank 89235MKY6 250,000.00 550 Certificate of Deposit-Greenstate Credit Union 39573LBL1 250,000.00 557 Certificate of Deposit -Pentagon Federal Credit Union 70962LAS1 249.000.00 558 Certificate of Deposit-Nelnet Bank, Inc 64034KAG6 250,000.00 561 Certificate of Deposit -Beal Bank 07371AYE7 250,000.00 562 Certificate of Deposit -Beal Bank USA 073710E88 250,000.00 574 Certificate of Deposit -Austin Telco Fed Credit Union 052392BT3 250,000.00 573 Certificate of Deoosit-Caoital One NA 14042RUJ8 250.00000 575 Certificate of Deposit -Synchrony Bank 871640R65 250,000.00 576 Certificate of Deposit -John Deere Capital Coro 24422EWR6 1,025,402,14 MedlitlrLTerm Corporate MOW
524 Bank of New York Mellon Cap 06406RAMY 1,007,22S22
526 Montebello CA Pens Oblig AA 612285AE6 1,032,724.29
533 JP Morgan Chase Bank NA 46632FRU1 2,000,000.00
538 JP Morgan Chase 4812802O2 1,000,000.00
549 Bank of America MTN 06048WM31 1,000,000.00
556 Bank of America MTN 06048WM72 1,000,000.00
570 Citigroup Global Mkts 173300283 2,000,000.00
Federal A64fCV Lamas
527 Fed. 884' Mortgage Assoc. 313064013 2AmO,000:80
529 Fed. Farm Credit Bank 3133ELZ80 2,000,000.00
530 Fed. Home Loan Mtg Coro 3134GWCG9 1,000,402.92
532 Fed. Nat'l Mortgage Assoc 3135GA2Z3 2,000,000.00
534 Fed. Farm Credit Bank 31.30A1351 1,000,000.00
535 Fed, Farm Credit Bank 31306L654 1,000,000.00
536 Fed. Farm Credit Bank 3130AL6)8 2,000,000.00
539 Fed. Farm Credit Bank 3130ALDN1 2,000,000,00
541 Fed, Farm Credit Bank 3130ALHZ0 1,000,000.00
542 Fed. Farm Credit Bank 31300062 1,000,000.00
544 Fed. Farm Credit Bank 3130ALMM3 2,000,000.00
546 Fed. Farm Credit Bank 3130ALW67 1,000,000.00
551 Fed. Fann Credit Bank 3130AMW57 2.000.000.00
552 Fed. Farm Credit Bank 3133EMH21 2,000,000.00
553 Fed. Farrn Credit Bank 3133EML67 2,000,000.00
554 Fed. Farm Credit Bank 3133EMN99 2,000,000.00
555 Fed. Farm Credit Bank 3133EMW73 3,000,000.00
559 Fed, Home Loan Bank 3130A0WF6 1,000,000.00
560 Fed. Horne Loan Bank 3130AOWJ8 1,000,000.00
563 Fed. Home Loan Bank 3130A0Z55 1,000,000.00
565 Fed, Home Loan Bank 3130ARCV1 2,000,000.00
564 Fed. Home Loan Mtg Coro 3134GXMX9 1,000,000.00
566 Fed. Horne Loan Bank 3130ARGE5 1,000,000.00
567 Fed. Home Loan Mtq Coro 3134GX0P2 1,000,000.00
568 Fed. Home Loan Bank 3130AS3Z0 1,700,000.00
569 Fed, Home Loan Bank 3134GXUM4 1,000,000.00
571 Fed. Home Loan Bank 3130AS567 1,000,000.00
572 Fed. Home Loan Bank 3130ASS91 1,000,000.00
Mu tC0 Iwl Bends
537 Dugs CA Unired School Dlstrtti 255651406 10L 97289
531 Natomas CA School District 63877NMM6 300,000.00
Oiecounto.Anlortleln6
577
578
C16 b taarena Items
Total Outstanding Items
United States Treasury BI8 912797FK8
United States Treasury Bill 912796236
Total Pooled Cash and Investments
Fair Value Increase (over cost)

2.930.558.$6
2,967,479.32

3.799.528.39
LS. ,418.60

8.006,402,14
Outstanding Warrants/Wire Transfers (3,331,277.45)
Outstandino Payroll Warrants/Wire Transfers (15,190.68) Deposit in Transit (3,414.56)
Deposit in Transit (38.26)
Outstanding Outgoing ACH Payments 167,294.04
Credit Card in Transit 8,342.80
34iosetellied Bank Balance
9,039,949.51
4L7001.402.92
801,573.89
5,698,038.18
64 836.312.83,4
(3.855.681.0.11
(3.174,289.11)
S 77,826,147.68
skiasr•Itadasr aslasaa 8 77.B26.fs4t.68
T\Cmimon0bankmank recmalialion ry23,2023-05 RPT_May Bak nerMay 23 pooled

3.00

545 PM 6262023

INDIAN WELLS

CALIFORNIA
The City of Indian Wells
Portfolio Management
Portfolio Summary
May 31, 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells CA 92210
(760)346-2489
Par Market Book % of Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.

Bank Certificates of Deposit 248,000.00 247,288 24 248,000 00 0 29 1,826 49 3.107 3.150 Managed Pool Accounts - LAIF 15,590,418 80 15,590,418 80 15,590,418 80 18 38 1 1 2 952 2.993 Money Market Sweep/Checking Account 3,799,528.39 3,799,528.39 3,799,528 39 4 48 1 1 0.698 0.708 Negotiable CD's 6,733,000.00 6,299,948.28 6,733,000.00 7.94 1,791 786 1,677 1,700 Medium Term Corporate Notes 10,000,000.00 9,251,720 00 10,065,351.65 11.86 1,517 843 1.814 1.839 Federal Agency Issues - Callables 41,700,000 00 38,343,576 00 41,700,402.92 49.15 1,649 963 1.361 1.380 Miscellaneous Securities - Coupon 800,000.00 751,725 00 801,572.89 0 94 1,449 564 0.653 0 662 Treasury Discounts -Amortizing 6,000,000 00 5,894,400.00 5,898,038.18 6 95 136 122 5 193 5.265 Investments
Total Earnings
Current Year 146,375.35 1,224,950.34
Average Daily Balance 85,675,239.16
Effective R . of Return 2.01%
Th ab ve nve- ments are consistant with the City's investment policy and allowable under current legislation of the State of California. Investments were purchased using safety, liquidity, and yield as crit ; ri - In dd'€k n, cash flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked -to -Market" on a monthly basis. 84,870,947.19 80,178,604.71
84,836,312.83 100.00% 1,161 650 1.968 1.995
May 31 Month Ending Fiscal Year To Date
Kevi M nanceDir= -or
Reporting period 05/01/2023-05/31/2023
Run Date: 06/26/2023 - 13:20
Portfolio CITY
AP
PM (PRF_PM1) 7 3 0
Report Ver 7 3 6 1

CUSIP Investment#
Bank Certificates of Deposit
32110YLK9 473
Issuer
First National Bank of America
Average
Balance
Subtotal and Average 248,000.00
Managed Pool Accounts - LAIF
SYS21 21
SYS23 23
LAIF - City
LAIF - Redevelopment
Subtotal and Average 17,880,741.38
Money Market Sweep/Checking Account
SYS1
SYS6
SYS7
SYS8
SYS10
SYS9
SYS2
SYS3
SYS4
SYS19
SYS5
1 Pacific Western Bank
6 Pacific Western Bank -Ambulance
7 Pacific Western-PublicFundsMMA
8 US Bank Money Market
10 US Bank Money Market -4591
9 US Bank Money Market -4590
2 Pacific Western - Acct Payable
3 Pacific Westem-Payroll
4 Union Bank -Checking
19 Petty Cash
5 WestAmerica Bank
Negotiable CD's
020080BX4
052392BT3
06063HMS9
06652CHA2
07371AYE7
073710E88
05580AVX9
14042TAY3
14042RUJ8
15201QDE4
20033AM86
254673UL8
Run Date: 06/26/2023 - 13:20
The City of Indian Wells
Portfolio Management
Portfolio Details - Investments
May 31, 2023
Purchase
Date
07/20/2018
Par Value Market Value
Stated
Book Value Rate
248,000.00 247,288 24 248,000 00
248,000.00 247,288.24 248,000.00

3.150

YTM Days to Maturity
Fitch 360 Maturity Date
3 107 49 07/20/2023

3.107 49
15,590,418 80 15,590,418.80 15,590,418 80

0.00 0.00 0 00
15,590,418.80 15,590,418.80 15,590,418.80
Subtotal and Average 6,146,402.90
2 993
0 233
3,424,814.26 3,424,814 26 3,424,814 26 0.250
07/01/2022 0.00 0 00 0.00
15,219 03 15,219.03 15,219.03 3.010
07/01/2022 0.00 0.00 0.00
08/30/2022 18,832 08 18,832.08 18,832 08 4 990
08/30/2022 338,663.02 338,663.02 338,663 02 5.000
07/01/2022 0 00 0 00 0.00
07/01/2022 0.00 0.00 0 00
0 00 0.00 0.00 0.200
07/01/2022 2,00000 2,000.00 2,000 00
07/01/2022 0.00 0 00 0.00
3,799,528.39 3,799,528.39 3,799,528.39
515 Alma Bank
574 Austin Telco Fed Credit Union
525 Bank of Baroda
501 BankWest Inc.
561 Beal Bank - Plano TX
562 Beal Bank USA
512 BMW BANK NORTH AMERICA
499 Capital One Bank USA NA
573 Capital One NA
518 Centerstate Bank NA
484 Comenity Capital Bank
480 Discover Bank
03/31/2020
09/21/2022
07/22/2020
07/26/2019
02/23/2022
02/23/2022
03/31/2020
07/18/2019
09/21/2022
04/30/2020
10/30/2018
10/03/2018
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
250,000.00
250,000.00

2.952 1

0.230 1

2.952 1

0.247 1

0.000 1

2.969 1

0.000 1

4.922 1

4.932 1

0.000 1

0.000 1

0.197 1

0.000 1

0.000 1

0.698 1
233,157.50
237,452.50
226, 326.06
239,595.27
223,032 50
223,032 50
233,840.00
239,145 40
238,497.50
229,987.76
248,097 50
248,272.50
250,000.00 1.400
250,000.00 3.800
249,000.00 0.700
249,000.00 2.000
250,000.00 1.900
250,000.00 1.900
250,000.00 1.550
247,000.00 2 300
250,000.00 3 900
248,000 00 1 250
250,000 00 3.450
250,000 00 3 300

1.380 666

3.748 1,573

0.690 782

1.973 421

1.874 1,357
1 874 1,357

1.529 669

0.000 391
0 000 1,573

1.233 699
3 403 151
3 255 124
03/28/2025
09/21/2027
07/22/2025
07/26/2024
02/17/2027
02/17/2027
03/31/2025
06/26/2024
09/21/2027
04/30/2025
10/30/2023
10/03/2023
Portfolio CITY
AP
PM (PRF_PM2) 7 3 0
Page6°n4M7of 516

CUSIP
Negotiable CD's
29260MBE4
32027BAM9
32112UDR9
39573LBL1
538036LD4
64034KAG6
654062JZ2
66736ABV0
69506YRL5
70962LAS1
749622AL0
856285TF8
87164XR65
89235MKY6
90348JFF2
Investment #
Issuer
520 ENCORE BANK
521 First Freedom Bank
517 First Natl Bank of McGregor TX
550 Greenstate Credit Union
514 Live Oak Banking Company
558 Nelnet Bank, Inc
513 Nicolet National Bank
519 Northwest Bank
522 Pacific Westem Bank CA CD
557 Pentagon Federal Credit Union
498 RIA Federal Credit Union
516 State Bank of India NY, NY CD
575 Synchrony Bank
548 Toyota Financial Sgs Bk
483 UBS Bank USA
Subtotal and Average
Average
Balance
6,733,000.00
Medium Term Corporate Notes
06048WM31
06048WM72
06406RAN7
17330PJ83
24422EWR6
48128G2Q2
46632FRU1
612285AE6
549 Bank of America MTN A
556 Bank of America MTN A
524 Bank of New York Mellon Corp
570 Citigroup
576 John Deere Capital Corp
538 JPMorgan Chase & Co
533 JP Morgan Chase Bank NA
526 Montebello CA Pens Oblig AA
Subtotal and Average 9,503,858.85
Federal Agency Issues - Callables
3133ELZ80
3133EMH21
3133EML67
3133EMN99
3133EMVV73
3130AL3S1
Run Date: 06/26/2023 - 13:20
The City of Indian Wells
Portfolio Management
Portfolio Details - Investments
May 31, 2023
Purchase Stated
Date Par Value Market Value Book Value Rate
04/30/2020 249,000.00 239,627.64 249,000.00 1.150
04/30/2020 249,000 00 239,515.59 249,000.00 1 100
04/28/2020 249,000.00 231,281.16 249,000.00 1.350
06/16/2021 250,000,00 220,135,00 250,000.00 0.900
03/31/2020 250,000.00 233,047.50 250,000.00 1.400
02/02/2022 250,000.00 220,055.00 250,000.00 1.500
03/31/2020 250,000.00 233,072.50 250,000.00 1 400
04/30/2020 249,000.00 230,554.08 249,000.00 1.200
04/30/2020 248,000.00 229,987.76 248,000.00 1 250
09/29/2021 249,000.00 216,791 85 249,000.00 0 900
06/24/2019 249,000.00 245,078.25 249,000.00 2.500
04/29/2020 248,000 00 231,574.96 248,000.00 1.600
09/23/2022 250,000 00 238,962.50 250,000.00 3 950
04/22/2021 250,000.00 221,640.00 250,000.00 0.900
10/30/2018 250,000.00 248,187.50 250,000.00 3.500
6,733,000.00 6,299,948.28 6,733,000.00
05/28/2021
07/30/2021
05/14/2020
07/29/2022
05/18/2023
02/26/2021
01/22/2021
07/17/2020
1,000,000.00
1, 000, 000.00
1,000,000.00
2,000,000.00
1,000,000 00
1,000,000 00
2,000,000.00
1,000,000.00
10,000,000.00
529 Fed. Farm Credit Bank
552 Fed. Farm Credit Bank
553 Fed Farm Credit Bank
554 Fed. Farm Credit Bank
555 Fed Farm Credit Bank
534 Fed. Home Loan Bank
07/29/2020
06/17/2021
06/22/2021
06/30/2021
07/28/2021
02/17/2021
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000 00
3,000,000.00
1,000,000 00

YTM Days to Maturity
Fitch 360 Maturity Date

1.135 334 04/30/2024

1.086 334 04/30/2024

1.332 697 04/28/2025

0.888 1,111 06/16/2026

1.382 669 03/31/2025
1 479 1,342 02/02/2027

1.382 669 03/31/2025
1 184 699 04/30/2025
1 233 699 04/30/2025

0.888 1,216 09/29/2026
2 468 208 12/26/2023

1.578 698 04/29/2025
3 896 1,575 09/23/2027

0.888 1,056 04/22/2026

3.454 148 10/27/2023

1.677 786
868,560 00 1, 000, 000.00 1 250
871,530 00 1,000,000 00 1.200
939,670.00 1,007,225.22 1.600
1,981,400 00 2,000,000.00 3 800
1,009,980.00 1,025,402.14 4.750
882,760.00 1,000,000.00 0.800
1,750,080,00 2,000,000 00 0 700
947,740 00 1,032,724.29 2 503
9,251,720.00 10,065,351.65
1 233 1,092 05/28/2026

1.184 1,155 07/30/2026

1.190 693 04/24/2025
3 720 58 07/29/2023
4 083 1,694 01/20/2028

0.789 1,001 02/26/2026

0.690 966 01/22/2026

0.819 731 06/01/2025
1,829,180.00
1,790,800 00
1,784,220.00
1,839,880 00
2,678,940.00
897,970.00
2,000,000.00 0.580
2,000,000 00 0.900
2,000,000.00 0.800
2,000,000.00 0.740
3,000,000.00 0.870
1,000,000 00 0 625

1.814 843

0.572 789 07/29/2025
0 888 1,110 06/15/2026
0789 1,117 06/22/2026

0.730 760 06/30/2025
0 858 1,153 07/28/2026

0.616 992 02/17/2026
Portfolio CITY
AP
PM (PRF_PM2) 7 3 0

CUSIP Investment #
Issuer
The City of Indian Wells
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average Purchase Stated YTM Days to Maturity
Balance Date Par Value Market Value _ Book Value Rate Fitch 360 Maturity Date Federal Agency Issues - Callables
3130AL6G4 535 Fed. Home Loan Bank 02/25/2021 1,000,000.00 896,730.00 1,000,000.00 0.600 0 592 1,000 02/25/2026 3130AL6J8 536 Fed. Home Loan Bank 02/24/2021 2,000,000.00 1,794,860.00 2,000,000 00 0 625 0.616 999 02/24/2026 3130ALDN1 539 Fed. Home Loan Bank 03/16/2021 2,000,000.00 1,795,940.00 2,000,000.00 0.800 0789 1,019 03/16/2026 3130ALHZ0 541 Fed. Home Loan Bank 03/18/2021 1,000,000.00 916,890.00 1,000,000.00 0.530 0.523 748 06/18/2025 3130ALJ62 542 Fed Home Loan Bank 03/24/2021 1,000,000.00 899,360.00 1,000,000.00 0.875 0.863 1,027 03/24/2026 3130ALMM3 544 , Fed. Home Loan Bank 03/30/2021 2,000,000,00 1,804,460.00 2,000,000.00 1 000 0 986 1,033 03/30/2026 3130ALW67 546 Fed Home Loan Bank 04/22/2021 1,000,000.00 900,640.00 1,000,000 00 1.100 1.085 1,056 04/22/2026 3130AMW57 551 Fed. Home Loan Bank 06/30/2021 2,000,000.00 1,803,160.00 2,000,000.00 0 650 0.967 1,125 06/30/2026 3130AQWF6 559 Fed. Home Loan Bank 02/25/2022 1,000,000.00 920,190.00 1,000,000.00 2 150 2.121 1,365 02/25/2027 3130AQWJ8 560 Fed. Home Loan Bank 02/24/2022 1,000,000.00 917,200.00 1,000,000.00 2.050 2.022 1,364 02/24/2027 3130AQZ55 563 Fed. Home Loan Bank 03/10/2022 1,000,000.00 930,980.00 1,000,000.00 2.500 2 466 1,378 03/10/2027 3130ARCV1 565 Fed Home Loan Bank 03/28/2022 2,000,000.00 1,950,500.00 2,000,000..00 2_250 1.846 301 03/28/2024 3130ARGE5 566 Fed. Home Loan Bank 04/21/2022 1,000,000.00 944,870.00 1,000,000 00 3 000 2 959 1,420 04/21/2027 3130AS3Z0 568 Fed. Home Loan Bank 05/26/2022 1,700,000.00 1,650,666.00 1,700,000.00 3.000 2.959 544 11/26/2024 3130ASS67 571 Fed. Home Loan Bank 08/16/2022 1,000,000.00 975,100 00 1,000,000 00 4 500 4.438 1,537 08/16/2027 3130ASS91 572 Fed. Home Loan Bank 08/10/2022 1,000,000 00 965,590.00 1,000,000.00 4 000 3 945 1,531 08/10/2027 3134GWCG9 530 Fed. Home Loan Mtg Corp 07/30/2020 1,000,000.00 921,860.00 1,000,402 92 0.650 0.621 699 04/30/2025 3134GXMX9 564 Fed. Home Loan Mtg Corp 03/25/2022 1,000,000.00 950,640.00 1,000,000.00 2.200 2.170 663 03/25/2025 3134GXQP2 567 Fed Home Loan Mtg Corp 04/28/2022 1,000,000 00 963,260.00 1,000,000 00 3.030 2.988 697 04/28/2025 3134GXUM4 569 Fed Home Loan Mtg Corp 06/07/2022 1,000,000.00 976,370.00 1,000,000.00 3 050 3.008 372 06/07/2024 3136G4C43 527 Fed Nat'l Mortgage Assoc 08/14/2020 2,000,000.00 1,830,140,00 2,000,000.00 0.650 0.641 805 08/14/2025 3135GA2Z3 532 Fed. Nat'l Mortgage Assoc 11/17/2020 2,000,000 00 1,813,180.00 2,000,000 00 0.560 0.552 900 11/17/2025 Subtotal and Average 41,700,411.15 41,700,000.00 38,343,576.00 41,700,402.92 1.361 963 Miscellaneous Securities - Coupon
255651KY6 537 Dixon CA Unified School Dist 02/18/2021 500,000.00 474,330.00 501,572.89 0.672 0.395 427 08/01/2024 63877NMM6 531 Natomas CA Sch Dist AA Insured 10/01/2020 300,000.00 277,395.00 300,000 00 1.100 1.085 792 08/01/2025 Subtotal and Average 801,625.44 800,000.00 751,725.00 801,572.89 0.653 564 Treasury Discounts -Amortizing
912797FK8 577
912796Z36 578
Run Date: 06/26/2023 - 13:20
United States Treasury Bill
United States Treasury Bill
Subtotal and Average 2,661,199.44
05/18/2023 3,000,000 00 2,926,980.00 2,930,558.86 4.995 5.196 168 11/16/2023 05/18/2023 3,000,000 00 2,967,420 00 2,967,479.32 5.054 5.190 77 08/17/2023 6,000,000.00 5,894,400.00 5,898,038.18 5.193 122
Portfolio CITY
AP
PM (PRF_PM2) 7 3 0

CUSIP
The City of Indian Wells
Portfolio Management
Portfolio Details - Investments
May 31, 2023
Average Purchase Stated YTM Days to
Investment # Issuer Balance Date Par Value Market Value Book Value Rate Fitch 360 Maturity

Total and Average 85,675,239.16
Run Date: 06/26/2023 - 13:20
84,870,947.19 80,178,604.71 84,836,312.83 1.968 650
Portfolio CITY
AP
PM (PRF_PM2) 7 3 0

INDIAN WELLS

CALIFORNIA
Investments
Money Market Sweep/Checking Account
Investments
Total Earnings
Current Year
Average D . ily Balance
Effective -a= of Return
hy, Agency Trea- rar
2014, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Summary
May 31, 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells CA 92210
(760)346-2489
Par Market Book % of Days to YTM YTM
Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 2,503.62 2,503.62 2,503.62 100.00 1 1 0 000 0.000
2,503.62 2,503.62
May 31 Month Ending

0.00 2,494.31

0.00%
Reporting period 05101/2023-05/3112023
Run Date: 06/26/2023 - 13:38
Fiscal Year To Date

0.00 2,503.62 100.00% 1 1 0.000 0.000
Portfolio 14A
CP
PM (PRF_PM1) 7 3 0
Report Ver 7 3.6 1

2014, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average Purchase Stated YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Fitch 365 Maturity Date
Money Market Sweep/Checking Account
SYS28 28 2014A Bonds Reserve 07/01/2022 0.00 0.00
SYS26 26 All Bond Series Principal 07/01/2022 155.89 155.89 SYS25 25 All Bond Series Interest 07/01/2022 0.08 0.08
SYS27 27 All Bond Series Debt Svc 07/01/2022 2,347.65 2,347 65 SYS24 1 Cost Of Issuance Escrow 07/01/2022 0.00 0.00
Subtotal and Average 2,494.31
2,503.62
2,503.62

0.00 155.89
008
2,347.65

0.00 2,503.62

0.000 1

0.000 1

0.000 1

0.000 1

0.000 1

0.000 1
Total and Average 2,494.31
Run Date: 06/26/2023 - 13:38
2,503.62 2,503.62
2,503.62

0.000 1
Portfolio 14A
CP
PM (PRF_PM2) 7 3 0
PaPnJ 373ot 516

INDIAN WELLS

CALIFORNIA
Investments
Money Market Sweep/Checking Account
Investments
Total Earnings
Current Year
Average + • lly Balance
E _ ct _ e of Return
Par
Value
1 00
2015 A Bonds
Portfolio Management
Portfolio Summary
May 31, 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells CA 92210
(760)346-2489
Market Book % of Days to YTM YTM
Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 100 100 100.00 1 1 0.000 0.000

1.00 1.00
May 31 Month Ending Fiscal Year To Date
Kevin McC- rthy, Agency Tre. -urer
Reporting period 05/01/2023-05/31/2023
Run Date' 06/26/2023 - 14:09

0.00 1.00

0.00%

0.00 1.00 100.00% 1 1 0.000 0.000
Portfolio 15A
CP
PM (PRF_PM1) 7 3 0
ReportVer 7361

CUSIP Investment # Issuer
Money Market Sweep/Checking Account
2015 A Bonds
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average Purchase Stated YTM Days to Maturity
Balance Date Par Value Market Value Book Value Rate Fitch 365 Maturity Date SYS27 27 2015 A Reserve 07/01/2022
SYS22 22 UBC Cost Of Issuance Escrow 07/01/2022
Subtotal and Average
1, 00 1 00 1 00
0 00 0 00 0.00

1.00 1.00

1.00 1.00

0.000 1

0.000 1

0.000 1
Total and Average
Run Date: 06/26/2023 - 14:09

1.00 1.00

1.00 1.00

0.000 1
Portfolio 15A
CP
PM (PRF_PM2) 7 3.0
Pagen5et7ot 516

INDIAN WELLS

CALIFORNIA
Investments
Money Market Sweep/Checking Account
Investments
Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
2016 A Bonds
Portfolio Management
Portfolio Summary
May 31, 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells CA 92210
(760)346-2489
Par Market Book % of Days to YTM YTM
Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.

1.00 1.00 1.00 100.00 1 1 0 000 0.000

1.00 1.00

1.00 100.00% 1 1 0.000 0.000
May 31 Month Ending Fiscal Year To Date

0.00 1.00

0.00%
Kevin McCarthy, Agency Treasurer
Reporting period 0510112023-05/3112023
Run Date: 06/26/2023 - 14:13

0.00 Portfolio 16A
CP
PM (PRF_PM1) 7 3.0
Report Ver. 7 3 6 1

2016 A Bonds
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average Purchase Stated YTM Days to Maturity
CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Fitch 365 Maturity_ Date Money Market Sweep/Checking Account
SYS26 1 UBC Cost Of Issuance Escrow 07/01/2022 0.00 0.00 0 00 0.000 1 SYS33 2 Union Bank Reserve Account 07/01/2022 1.00 1.00 1.00 0.000 1 Subtotal and Average 1.00

1.00 1.00

1.00 0.000
Total and Average
Run Date: 06/26/2023 - 14:13

1.00 1.00

1.00 1.00

0.000 1
Portfolio 16A
CP
PM (PRF_PM2) 7 3 0
Pagene'77or516

INDIAN WELLS

CALIFORNIA
Investments
Money Market Sweep/Checking Account
Investments
2020 A Bonds
Portfolio Management
Portfolio Summary
May 31, 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells CA 92210
(760)346-2489
Par Market Book % of Days to YTM YTM
Value Value Value Portfolio Terrn Maturity 360 Equiv. 365 Equiv.

1.00 1.00 1.00 100.00 1 1 0.000 0-000

1.00 1.00 1.00 100.00% 1 1 0.000 0.000
Total Earnings May 31 Month Ending
Current Year 0.00
Average Dail Balance 1.00
Effective -a o Return 0.00%
Kevin cCarl gency Treasuer
Reporting period 05/01/2023-05/31/2023
Run Date: 06/26/2023 - 14:07
Fiscal Year To Date

0.00 Portfolio 20A
CP
PM (PRF_PM1) 7 3 0
Report Ver 7 3 6 1

CUSIP Investment#
Money Market Sweep/Checking Account
SYS1 1
SYS2 2
Issuer
2020 A Bonds 001
2020 A Bonds Reserve
Subtotal and Average
2020 A Bonds
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average Purchase Stated YTM Days to Maturity
Balance Date Par Value Market Value Book Value Rate Fitch 365 Maturity Date 07/01/2022 0 00 0.00 0.00 0.000 1
07/01/2022 1.00 1.00 1.00 0 000 1

1.00 1.00

1.00 1.00 0.000 1
Total and Average 1.00
Run Date: 06/26/2023 - 14:07

1.00 1.00

1.00 0.000
Portfolio 20A
CP
PM (PRF_PM2) 7 3 0
Pa ge°n ' or 516

INDIAN WELLS

CALIFORNIA
Investments
Money Market Sweep/Checking Account
Investments
Total Earnings
Current Year
Average Daily Balance
Effectivq R to of Return
2022 Bonds
Portfolio Management
Portfolio Summary
May 31, 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells CA 92210
(760)346-2489
Par Market Book % of Days to YTM YTM
Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 10,676,504.15 10,676,504.15 10,676,504.15 100.00 1 1 0 000 0.000 10,676,504.15 10,676,504.15
May 31 Month Ending Fiscal Year To Date

0.00 10,636,637.03

0.00%
Kevin McC hy, Agency Tre.-uer
Reporting period 0510112023-0513112023
Run Date: 06/26/2023 - 13:13
10,676,504.15 100.00% 1 1 0.000 0.000

0.01 Portfolio 22
CP
PM (PR F_PM 1) 7 3 0
Report Ver 7 3 6 1

2022 Bonds
Portfolio Management
Portfolio Details - Investments
May 31, 2023

Average Purchase Stated YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Fitch 365 Maturity Date Money Market Sweep/Checking Account
SYS2 2 2022 Bonds COI 07/01/2022 0.00 0.00 0 00 0.000 1 SYS4 4 2022 Bonds Interest 03/16/2023 583.10 583.10 583.10 0 000 1 SYS1 1 2022 Bonds Project Fund 07/01/2022 10,675,055.97 10,675,055.97 10,675,055.97 0.000 1 SYS5 5 2022 Bonds Redemption Fund 03/16/2023 863 02 863 02 863.02 0 000 1 SYS3 3 2022 Bonds Payment Fund 09/21/2022 2.06 2.06 2 06 0 000 1 Subtotal and Average 10,636,637.03 10,676,504.15 10,676,504.15 10,676,504.15 0.000 1 Total and Average 10,636,637.03
Run Date: 06/26/2023 - 13:13
10,676,504.15
10,676,504.15 10,676,504.15

0.000 1
Portfolio 22
CP
PM (PRF_PM2) 7 3 0

INDIAN WELLS CITY COUNCIL
July 6, 2023
To: City Council
From: Public Works Department
Prepared by: Jill Moon, Management Analyst
Subject: Comprehensive User Fee Study Resolution

RECOMMENDED
ACTIONS:

Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Code Section 21080(b)(8) and CEQA Guidelines section 15273(a)(1).

ADOPTS Resolution establishing certain new user fees and increasing certain existing user fees for various services provided by the City.

DISCUSSION:

A comprehensive user fee study was previously conducted and adopted by the City Council in 2017. A user fee study assesses the user fees necessary to cover the costs of City services that benefit specific individuals or groups. It further reduces the reliance on the General Fund and ensures a fair distribution of costs among users. Due to changes in the economic environment and the passage of time, an update to the fees was necessary. To perform the update, the City enlisted the expertise of Willdan Financial Services. Willdan used a variety of fee methodologies to analyze the costs associated with individual fees and programs, as the review process was complex and extensive.

The goal of the updated user fee study is to ensure that the City's limited resources are managed efficiently and that service demands are met adequately. By accurately identifying the full costs of individual fees and programs, the study will help the City maintain a sustainable financial model while continuing to provide essential services to its residents.

Methodologies:

Willdan used three methods of analysis for calculating fees:

Cost Study Method (Standard Unit Cost Build-up Approach) This technique is for estimating the costs associated with providing a service to a single user. It works well when staff time requirements don't vary much, or when staff from different departments collaborate. The process involves interviews with staff, record reviews, and a detailed analysis of time and materials. This leads to a precise cost estimate based on a comprehensive understanding of the inputs needed to deliver the service.

Programmatic Approach:

In situations where standard cost analysis is impractical, a programmatic approach is more appropriate. This approach is tailored to fit the specific goals and needs of a program, such as determining facility use fees, penalties, or dividing program costs over the user base to obtain a per -applicant cost for shared cost services.

Valuation Based Fees:

Valuation -based fees are used when the value of an improvement can be used to estimate the amount of effort required by City staff to complete a service. This approach is often used for user fees in the Building Division, where project size and cost are directly related to the amount of effort needed for review and inspection. This approach ensures that fees can adjust as project sizes increase. Please note, land is not included in the valuation.

Objective:

A user fee study determines "reasonable" costs of providing services and identifies appropriate fee amounts. Willdan worked with staff to establish the following fee study objectives:
• Developing a rational basis for setting fees
• Seeking 100% cost recovery when possible
• Identifying subsidy amount, if applicable, of each fee in the model • Enhancing fairness and equity
• Ensuring compliance with State law
• Developing an updatable and comprehensive list of fees • Maintaining accordance with City policies and goals
The total cost of each service in this analysis is based on the full cost of providing the City services, including direct salaries and benefits of staff, direct departmental costs, and indirect costs of central services support.

Developing a rational basis for setting fees:

The total cost of each service is primarily based on the Fully Burdened Hourly Rates (FBHRs) for City personnel directly involved in providing the services. The FBHRs include not only employee salary and benefits, direct departmental

costs, and indirect costs of central services support.

The cost elements included in the calculation of fully burdened rates are:
• Salaries & benefits of employee involved
• Operating costs applicable to fee operations
• Departmental support, supervision, and administration overhead • Internal Service Costs charged to each department
• Indirect City-wide overhead costs applied based on the City's Cost Allocation Plan (between 2-3% overhead)
An important part of determining the fully burdened rate is the calculation of productive hours for personnel. This calculation takes the available workable hours in a year, 2,080 for each employee and adjusts this figure to account for anticipated hours' employees are involved in non -billable activities such as paid vacation, sick leave, holidays, training and conferences. Dividing the full cost by the number of productive hours (industry standard of 1,650 productive hours) provides the FBHR. The FBHRs are then used in conjunction with time estimates, when appropriate, to calculate a fees' cost.

In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover support costs. Support costs are those costs relating to the City's central service departments which include City Manager, City Clerk, Finance, Human Resources, Information Technology, and Legal Services. Central services support cost allocations in this study were incorporated using the City's Cost Allocation plan that resulted in overhead rates between 2 and 3%.

Proposed Modifications to the Existing Fee Schedule:

Willdan prepared a comprehensive analysis of the City's current fee schedule related to administrative services, building, planning, and public works. Willdan determined the estimated cost of administering development related services by conducting a time and materials survey, inclusive of the following City -burdened related expenses: Direct Labor (salaries and benefits), Departmental Overhead (operating costs and supplies/materials), and Central Services Overhead (Central City support costs).

Staff worked closely with Willdan to review existing fees, make recommendations to remove unused fees, and create new fees based upon the services provided by the City as well as costs reasonable and required to provide services. One such fee addition is the Technology fee, which is an addon fee to building, business license, planning, and public works fees for directly recovering the cost of

technology needs involved with providing services to the public, including software costs and equipment costs depreciated over 3 years. Willdan then made recommendations and findings for adjusting the existing fees and proposing new fees based on services currently being provided by the City. Over 225 user fees were evaluated during the study. Willdan recommends the City set all fees at or near full cost recovery. On an individual fee basis, there are increases to some fees and decreases to others.

To develop a better understanding of Willdan's recommendation, the proposed fee adjustments were averaged by category. The table below shows the averages necessary for the fees to be at or near full cost recovery.

Full Cost Recovery
by Fee Category
Average Fee Adjustment
by Fee Category
Administrative Fees
Building Fees
Planning Fees
Public Works Fees
0%
5%
9%
1%
As labor and associated costs fluctuate over time, the fee schedule will be adjusted annually at the beginning of each fiscal year. The most used inflator is the Consumer Price Index (CPI) as it is widely known and accepted. The City has chosen the Consumer Price Index for all Urban Areas Los Angeles - Riverside -Orange Counties.

Comparison Survey:

Willdan conducted a fee comparison with local cities of Rancho Mirage, Palm Desert, La Quinta, Indio, and Palm Springs. This comparison is not an extensive survey of all fees but is meant to compare a select number of common fees as indicators for a broader comparison with surrounding communities. Comparisons are often used as a tool to measure a city's fees against others. Below is a fee comparison for a selection of major fees. Positive dollar amounts in the Difference column signify Indian Wells suggested fees are higher than its comp set, negative dollar amounts signify Indian Wells suggested fees are lower than its comp set. Rancho Mirages fees were updated in 2020, Palm Desert in 2014/2016, La Quinta in 2016/2022, Indio in 2022 and Palm Springs in 2022.

Palm Desert and La Quinta have separate years because the updated fees vary by department.

Staff met with a representative from the Desert Valley Builders Association (DVBA) to discuss the changes proposed to the current development fee

structure. DVBA requested additional information at that meeting which they were in the process of reviewing at the time this report was created. Comments received by the DVBA will be shared with the Council during Staff Presentation.

COMPARISON SURVEY
Fee#
Dept
Fee
Current
Indian Wells
Suggested
Indian Wells
Average
Comp
Difference
Rancho
Mirage
Palm
Desert
La Quinta
Indio
Palm
Springs

3.a
Building
Permit Issuance - Electrical
$25.83
$51.00
$111.87
-$60.87
$120.00
$159.00
$110.88
$74.00
$95.48

2.e
Building
Water Heater Permit
$11.74
$23.00
$85.96
-$62.96
$120.00
$80.00
$23.34
$111.00
$95.48

1.c
Building
SFR 2,500 sq ft home (R-3 VB)
$1,351.28
$1,183.64
$2,452.15
-$1,268.51
$1,156.68
$3,400.00
$1,899.23
$1,590.07
$4,214.77

1.d
Building
COM3,500sgft(MVB)
$1,022.79
$896.05
$1,607.35
-$711.30
$881.05
$1,225.00
$2,153.03
$1,503.78
$2,273.91

1.a
Planning
General Plan Amendment
$6,890.73
$9,615.00
$8,104.20
$1,510.80
$4,555.00
$2,007.00
$11,409.00
$7,526.00
$15,024.00

1.d
Planning
Conditional Use Permit
$7,698.65
$10,691.00
$5,711.40
$4,979.60
$6,780.00
$2,894.00
$7,004.00
$6,021.00
$5,858.00

2.a.1
Planning
Tentative Tract Map
$6,390.49
$8,832.00
$6,056.40
$2,775.60
$5,286.00
$3,308.00
$9,134.00
$8,000.00
$4,554.00

1.j
Planning
Variance - Residential
$2,262.86
$6,000.00
$2,813.00
$3,187.00
$530.00
$2,924.00
$2,656.00
$3,011.00
$4,944.00

1.k
Planning
Variance -Commerical
$5,354.76
$7,230.00
$4,270.00
$2,960.00
$5,826.00
$2,924.00
$2,656.00
$5,000.00
$4,944.00
Lc
Engineering
Lot Line Adjustment
$1,130.84
$1,701.00
$2,422.21
-$721.21
$1,513.00
NA
$1,520.00
$2,258.00
$4,397.83

1.g
Engineering
Grading Permit (1,000c.y.)
$123.30
$927.00
$1,149.86
-$222.86
$1,26100
$698.00
$988.00
$2,300.00
$502.32

3.b
Engineering
Encroachment
$285.00
$798.00
$531.16
$266.84
$121.00
$318.00
$988.00
$494.00
$734.81
FISCAL IMPACT:

If the new fee structure is approved, the City will see an increase in general fund revenues.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This project 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 City acting as Lead Agency, has determined the Comprehensive User Fee Study qualifies as Categorically Exempt from CEQA pursuant to Code Section 21080(b)(8) and CEQA Guidelines section 15273(a)(1).

ATTACHMENTS:

1. Resolution

2. User Fee Study

ATTACHMENT #1
RESOLUTI ON NO. 2023-

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

CALI FORNI A, ESTABLI SHI NG CERTAI N NEW USER FEES AND I NCREASI NG

CERTAI N EXI STI NG USER FEES FOR VARI OUS SERVI CES PROVI DED BY THE CI TY OF INDIAN WELLS AND Fl NDI NG THIS ACTI ON TO BE EXEMPT UNDER THE

CALI FORNI A ENVI RONMENTAL QUALI TYACT
WHEREAS, Government Code section 66016 and 66018 provides that a city may establish or increase fees for certain public services by resolution; and WHEREAS, the City Council of the City of Indian Wells ("City Council") has determined that to continue providing effective service for the public welfare, Indian Wells ("City') must establish and increase fees for certain municipal services which accurately reflect the City's true costs in providing such services; and
WHEREAS, many of the City's existing fees for services no longer reflect the City's true costs in providing the services to which the fees pertain, as a result of increased costs borne by the City; and
WHEREAS, Willdan Financial Services prepared a report, entitled City of Indian Wells Comprehensive User Fee Study ("Fee Study"), attached to this Resolution as Attachment "2", that identified the City's cost to administer services and reviewed the fees charged by other cities for such services to assure that the proposed cost recovery fees are reasonable; and WHEREAS, copies of the Fee Study are on file in the City Clerk's office and have been made available for public review in accordance with state law, as more fully described below; and
WHEREAS, there is a reasonable relationship between the fees to be collected for the provision of various City services and the City's costs in providing those services, as identified in the data made available; and
WHEREAS, the fees set forth in the Fee Study do not exceed the actual or estimated costs to the City of providing the services to which the fees relate; and WHEREAS, the fees are necessary to enable the City to provide the services to which they relate; and
WHEREAS, pursuant to Government Code sections 66016 and 66018, the City has: (1) made available to the public at least at least ten days prior to its public hearing, data supporting the reasonableness of the fees; (2) mailed notice at least fourteen days prior to the public hearing to all interested parties who have requested notice of new or increased fees; (3) published notice two times in a newspaper of general circulation at least ten days prior to the public hearing; and (4) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fees.

City of Indian Wells
Resolution 2023 -

NOW, THEREFORE, BE I T RESOLVED BY THE CI TY COUNCI L OF THE CI TY OF INDIAN WELLS:

SECTI ON 1. I ncorporation of Recitals. The City Council hereby Fl NDS and DETERMI NES that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

SECTI ON 2. Adoption of Report and Fees. The City Council hereby ADOPTS the Fee Study and the suggested fee levels as set forth and attached hereto in "Attachment 2" of the Fee Study ("Fee Schedule") as the official user fees of the City, together with future adjustment thereof to take effect July 1, 2023 and on each anniversary thereafter, based on the Consumer Price Index for all Urban Areas Los Angeles- Riverside -Orange Counties for the annual period ending the prior June 30.

SECTI ON a. Conflicts with Other Resolutions. This Resolution shall repeal any other resolutions or portions thereof to the extent that such resolutions or portions thereof conflict with this Resolution.

SECTI ON 4. Severability. If any provision, clause, sentence or paragraph of this Resolution or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Resolution, which can be given effect without the invalid provision or application and, to this end, the provisions of this Resolution are hereby declared to be severable.

SECTI ON 5. CEQA. This action is statutorily exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273(a)(1).

SECTI ON 6. Effective Date. Consistent with Government Code section 66017(a), the Fee Schedule adopted by this Resolution shall take effect sixty (60) days following the adoption of this Resolution by the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 6th day of July, 2023.

DONNA J.H. GRI FFTH
MAYOR

City of Indian Wells
Resolution 2023 -

CERTI Fl CATI ON FOR RESOLUTI ON NO. 2023-
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California DO HEREBY CERTI FY 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 the 6th day of July 2023, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY

ATTACHMENT #2

CITY OF INDIAN WELLS
L
i
User Fee Study
April 24, 2023
June 12, 2023
�W I LLDAN

INDIAN WELLS

TABLE OF CONTENTS

TABLE OF CONTENTS
Executive Summary 1
User Fee Background 2
Background 2
California User Fee History 2
Additional Policy Considerations 3
Study Objective 4
Scope of the Study 4
Aim of the Report 5
Project Approach and Methodology 6
Conceptual Approach 6
Fully Burdened Hourly Rates 6
Summary Steps of the Study 7
Allowable Costs 7
Methodology 9
Quality Control/Quality Assurance 9
Reasons for cost increases/decreases over current fees 9 City Staff Contributions 10
Indian Wells User Fees 11
Cost Recovery 11
Subsidization 11
Impact on Demand (Elasticity) 12
Summary 12
Administrative Services 13
Analysis 13
Building 14
Analysis 14
Planning 15
Analysis 15
Public Works 16

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Comprehensive User Fee Study

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Analysis 16
Appendix A — Total Allowable Cost to be Recovered 17
Appendix B — Fully Burdened Hourly Rates 18
Appendix C — Cost Recovery Analysis 21
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Executive Summary
The City of Indian Wells engaged Willdan Financial Services (Willdan) to determine the full costs incurred by the City to support the various activities for which the City charges user fees. Due to the complexity and the breadth of performing a comprehensive review of fees, Willdan employed a variety of fee methodologies to identify the full costs of individual fee and program activities. This report and the appendices herein identify 100% full cost recovery for City services and the recommended level of recovery as determined through discussion with departmental staff. The recommended fees identified herein are either at or less than full cost recovery. duplicitous
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User Fee Background
Background
As part of a general cost recovery strategy, local governments adopt user fees to fund programs and services that provide limited or no direct benefit to the community as a whole. As cities struggle to maintain levels of service and variability of demand, they have become increasingly aware of subsidies provided by the General Fund and have implemented cost -recovery targets. To the extent that governments use general tax monies to provide individuals with private benefits, and not require them to pay the full cost of the service (and, therefore, receive a subsidy), the government is limiting funds that may be available to provide other community -wide benefits. In effect, the government is using community funds to pay for private benefit. Unlike most revenue sources, cities have more control over the level of user fees they charge to recover costs, or the subsidies they can institute.

Fees in California are required to conform to the statutory requirements of the California Constitution, Proposition 218, Proposition 26, and the California Code of Regulations. The Code also requires that the City Council adopt fees by either ordinance or resolution, and that any fees in excess of the estimated total cost of rendering the related services must be approved by a popular vote of two-thirds of those electors voting because the charge would be considered a tax and not a fee. There are no fees suggested to be set above the cost of service and as such a public vote is not required.

California User Fee History
Before Proposition 13, California cities were less concerned with potential subsidies and recovering the cost of their services from individual fee payers. In times of fiscal shortages, cities simply raised property taxes, which funded everything from police and recreation to development -related services. However, this situation changed with the passage of Proposition 13 in 1978.

Proposition 13 established the era of revenue limitation in California local government. In subsequent years, the state saw a series of additional limitations to local government revenues. Proposition 4 (1979) defined the difference between a tax and a fee: a fee can be no greater than the cost of providing the service; and Proposition 218 (1996) further limited the imposition of taxes for certain classes of fees. As a result, cities were required to secure a supermajority vote in order to enact or increase taxes. Due to the thresholds needed to increase local taxes, cities have less control and very few successful options for new revenues.

The State of California took a series of actions in the 1990's and 2000's to improve the State's fiscal situation, at the expense of local governments. In 2004-05, the Educational Revenue Augmentation Funds ("ERAF") take -away of property taxes and the reduction of Vehicle License Fees severely reduced local tax revenues.

In addition, on November 2, 2010, California voters approved Proposition 26, the "Stop Hidden Taxes Initiative", which is aimed at defining "regulatory fees" as a special tax rather than a fee, thus requiring approval by two-thirds vote of local voters. These regulatory fees are typically intended to mitigate the societal and environmental impacts of a business or person's activities. Proposition 26 contains seven categories of exceptions. The fees analyzed as part of a User Fee study typically fall under categories one through five consisting of charges for specific benefits, government service, regulatory need, for use of government property, or a fine/penalty.

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Additional Policy Considerations
State regulations require that municipalities update their fee schedules to reflect the actual costs of certain public services primarily benefitting users. User Fees recover costs associated with the provision of specific services benefiting the user, thereby typically reducing the use of General Fund monies for such purposes.

In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover reasonable support costs. Support costs are those costs relating to a local government's central service departments that are allocable to the local government's operating departments. Central services support cost allocations were incorporated using the resulting indirect overhead percentages determined through the City's Cost Allocation Plan. This plan was used in the User Fee study to account for the burden placed upon central services by the operating departments in order to allocate a proportionate share of central service cost through the study.

As labor effort and costs associated with the provision of services fluctuate over time, a significant element in the development of any fee schedule is that it has the flexibility to remain current. Therefore, it is recommended that the City include an inflationary factor in the resolution adopting the fee schedule to allow the City Council, by resolution, to annually increase or decrease the fees.

The City may employ many different inflationary factors. The most commonly used inflator is some form of the Consumer Price Index (CPI) as it is widely well known and accepted. A similar inflator is the implicit price deflator for GDP, which is much like the CPI except that while the CPI is based on the same "basket" of goods and services every year, the price deflators' "basket" can change year to year. Since the primary factor for the cost of a City's services is usually the costs of the personnel involved, tying an inflationary factor that connects more directly to the personnel costs can also be suitable if there is a clear method, or current practice of obtaining said factor.

Each City should use an inflator that they believe works the best for their specific situation and needs. It is also recommended that the City perform this internal review annually with a comprehensive review of services and fees performed every five years, which would include adding, amending, or removing fees for programs/services.

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Study Objective
As the City of Indian Wells seeks to efficiently manage limited resources and adequately respond to increased service demands, it needs a variety of tools. A User Fee Study provides assurance that the City has the best information and the best resources available to make sound decisions, fairly and legitimately set fees, maintain compliance with state law and local policies, and meet the needs of the City administration and its constituency. Given the limitations on raising revenue in local government, the City recognizes that a User Fee Study is a very cost-effective way to understand the total cost of services and identify potential fee deficiencies. Essentially, a User Fee is a payment for a requested service provided by a local government that primarily benefits an individual or group.

The total cost of each service included in this analysis is based on the full cost of providing City services, including direct salaries and benefits of City staff, direct departmental costs, and indirect costs from central service support. This study determines the full cost recovery fee for the City to provide each service; however, each fee is set at the City's discretion, up to 100% of the total cost, as specified in this report.

The principal goal of the study was to help the City determine the full cost of the services that the City provides. In addition, Willdan established a series of additional objectives including:

Developing a rational basis for setting fees
• Identifying subsidy amount, if applicable, of each fee in the model • Ensuring compliance with State law
• Developing an updatable and comprehensive list of fees • Maintaining accordance with City policies and goals
The study results will help the City better understand its true costs of providing services and may serve as a basis for making informed policy decisions regarding the most appropriate fees, if any, to collect from individuals and organizations that require individualized services from the City.

Scope of the Study
The scope of this study encompasses a review and calculation of the user fees charged by the following Indian Wells departments and fee groups:
• Administrative Services
Building & Safety
• Planning
• Public Works
The study involved the identification of existing and potential new fees, fee schedule restructuring, data collection and analysis, orientation and consultation, quality control, communication and presentations, and calculation of individual service costs (fees) or program cost recovery levels.

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Aim of the Report
The User Fee Study focused on the cost of City services, as City staff currently provide them at existing, known, or reasonably anticipated service and staff level needs. This report provides a summary of the study results, and a general description of the approach and methods Willdan and City staff used to determine the recommended fee schedule. The report is not intended to document all of the numerous discussions throughout the process, nor is it intended to provide an influential dissertation on the qualities of the utilized tools, techniques, or alternative approaches.

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Project Approach and Methodology
Conceptual Approach
The basic concept of a User Fee Study is to determine the "reasonable cost" of each service provided by the City for which it charges a user fee. The full cost of providing a service may not necessarily become the City's fee, but it serves as the objective basis as to the maximum amount that may be collected.

The standard fee limitation established in California law for such fees fees is the "estimated, reasonable cost" principle. In order to maintain compliance with the letter and spirit of this standard, every component of the fee study process included a related review. The use of budget figures, time estimates, and improvement valuation clearly indicates reliance upon estimates for some data.

Fully Burdened Hourly Rates
The total cost of each service included in this analysis is primarily based on the Fully Burdened Hourly Rates (FBHRs) that were determined for City personnel directly involved in providing services. The FBHRs include not only personnel salary and benefits, but also any costs that are reasonably ascribable to personnel. The cost elements that are included in the calculation of fully burdened rates are:
• Salaries & benefits of personnel involved
• Operating costs applicable to fee operations
Departmental support, supervision, and administration overhead Indirect City-wide overhead costs calculated through the Cost Allocation Plan An important factor in determining the fully burdened rate is in the calculation of productive hours for personnel. This calculation takes the available workable hours in a year of 2,080 and adjusts this figure to 1,650 productive or billable hours to account for calculated or anticipated hours' employees are involved in non -billable activities such as paid vacation, sick leave, holidays, and other considerations as necessary.

Dividing the full cost, including overhead, of a position by the number of productive hours provides the FBHR.

The FBHRs are then used in conjunction with time estimates, when appropriate for how a service is provided, to calculate a fee's cost based on the personnel and the amount of their time that is involved in providing each service.

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Summary Steps of the Study
The process of the study is straightforward and simple in concept. The following list provides a summary of the study process steps:

Data Analysis
Department Interviews
Time Estimates
Labor Costs
Cost Allocation Plan
Allowable Costs
Building Cost Layers
Direct Services
Indirect Services
Department Overhead
City -Wide Overhead
Set Fees
Define the Full Cost of
Services
Set Cost Recovery Policy
This report identifies three types of costs that, when combined, constitute the fully burdened cost of a service (Appendix A). Costs are defined as
direct labor, including salary and benefits,
departmental overhead costs, and the City's
central services overhead, where
departmental and central service overhead
costs constitute support costs. These cost
types are defined as follows:
• Direct Labor (Personnel Costs): The
costs related to staff salaries for
time spent directly on fee -related
services.
• Departmental Overhead: A
proportional allocation of
departmental overhead costs,
including operation costs such as
Central
Services
Overhead
Departmental
Overhead
Personnel Costs
(Salary & Benefits)
supplies and materials that are necessary for the department to function.

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F. 0.1#2.L SERVICES
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• Central Services Overhead: These costs, as provided via the City's Cost Allocation Plan, represent services provided by those Central Services Departments whose primary function is to support other City departments.
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Methodology
The three methods of analysis for calculating fees used in this report are the:

Case Study Method (Standard Unit Cost Build -Up Approach): This approach estimates the actual labor and material costs associated with providing a unit of service to a single user. This analysis is suitable when City staff time requirements do not vary dramatically for a service, or for special projects where the time and cost requirements are easy to identify at the project's outset. Further, the method is effective in instances when a staff member from one department assists on an application, service or permit for another department on an as -needed basis. Costs are estimated based upon interviews with City staff regarding the time typically spent on tasks, a review of available records, and a time and materials analysis.

Programmatic Approach: In some instances, the underlying data is not available or varies widely, leaving a standard unit cost build-up approach impractical. In addition, market factors and policy concerns (as opposed to actual costs) tend to influence rental based fee levels more than other types of services. Willdan employed a different methodology where appropriate to fit a programs' needs and goals. Typical programmatic approach cases are facility use fees, penalties, and instances where a program cost is divided over the user base to obtain a per applicant cost for shared cost services.

Valuation Based Fees: This manner of collection is used when the valuation of the improvement can be used as a proxy for the amount of effort it would take for City staff to complete the service provided. More specifically, this approach is commonly used for certain User Fees in the Building Division. It is generally accepted that as a project's size scales up, the cost of the project increases, and the amount of effort needed to review and inspect also increases. Using a valuation -based fees provides for a system that can adjust as project sizes scale. Land is not included in the valuation.

Quality Control/Quality Assurance
All study components are interrelated, thus flawed data at any step in the process will cause the ultimate results to be inconsistent and unsound. The elements of our Quality Control process for User Fee calculations include:
• Involvement of knowledgeable City staff
• Clear instructions and guidance to City staff
• Reasonableness tests and validation
• Normalcy/expectation ranges
• Internal and external reviews
• Cross-checking
Reasons for cost increases/decreases over current fees
Within the fee tables in Appendix C, the differences are identified between the full costs calculated through the study and the fee levels currently in effect. The reasons for differences between the two can arise from a number of possible factors including:

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• Previous fee levels may have been set at levels less than full cost intentionally, based on policy decisions
• Staffing levels and the positions that complete fee and service activity may vary from when the previous costs were calculated
• Personnel and materials costs could have increased at levels that differed from any inflationary factors used to increase fees since the last study
• Costs that this study has identified as part of the full cost of services may not have been accounted for in a previous study
o Departmental overhead and administration costs
o Vehicle and Facility Maintenance support costs
o Indirect overhead from the Cost Allocation Plan
• Changes in processes and procedures within a department, or the City as a whole • Changes in the demand for services in a City may have also changed the staffing or cost structure of departments over time
City Staff Contributions
As part of the study process, Willdan received tremendous support and cooperation from City staff, which contributed and reviewed a variety of components to the study, including:
• Budget and other cost data
• Staffing structures
• Fee and service structures, organization, and descriptions • Direct and indirect work hours (billable/non-billable) • Time estimates to complete work tasks
• Review of draft results and other documentation
A User Fee Study requires significant involvement of the managers and line staff from the departments on top of their existing workloads and competing priorities. The contributions from City staff were critical to this study. We would like to express our appreciation to the City and its staff for their assistance, professionalism, positive attitudes, helpful suggestions, responsiveness, and overall cooperation.

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Indian Wells User Fees
Cost Recovery
The cost recovery models, by department/division fee type, are presented in detail in Appendix C. Full cost recovery is determined by summing the estimated amount of time each position (in increments of minutes or hours) spends to render a service. Time estimates for each service rendered were obtained through interviews conducted with City staff for each department/division fee included in the study. The resulting cost recovery amount represents the total cost of providing each service. The City's current fee being charged for each service, if applicable, is provided in this section, as well, for reference.

It is important to note that the time data used to determine the amount of time each employee spends assisting in the provision of the services listed on the fee schedule is essential in identifying the total cost of providing each service, and will differ from City to City depending on staffing, positions involved, experience on staff, the use of consultants, and the policies and procedures in place for each City.

Specifically, in providing services, a number of employees are often involved in various aspects of the process, spending anywhere from a few minutes to several hours on the service.

The primary goal of this study was to identify the cost of City services, to provide information to help the City make informed decisions regarding the actual fee levels and charges. The responsibility of determine the final fee levels is a complicated task. City staff must consider many issues in formulating recommendations, and the City Council must consider those same issues and more in making the final decisions.

City staff assumes the responsibility to develop specific fee level recommendations to present to the City Council. Unfortunately, there are no hard and fast rules to guide the City, since many of the considerations are based on the unique characteristics of the City of Indian Wells, and administrative and political discretion. However, in setting the level of full cost recovery for each fee, one should consider whether the service solely benefits one end user or the general community.

Subsidization
Recalling the definition of a user fee helps guide decisions regarding subsidization. The general standard is that individuals (or groups) who receive a wholly private benefit should pay 100% of the full cost of the services. In contrast, services that are simply public benefit should be funded entirely by the general fund's tax dollars. Unfortunately, for the decision makers, some services fall into the range between these two extremes.

Further complicating the decision, opponents of fees often assert that the activities subject to the fees provide economic, cultural, "quality of life," or other community benefits that exceed the costs to the City, but it is important to distinguish the difference between any purported possible benefits that may be conveyed through the result of activities of the service receiver and the direct benefit being conveyed through the City providing the service to the requestor.

It is recommended the City consider such factors during its deliberations regarding appropriate fee levels.

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Of course, subsidization can be an effective public policy tool, since it can be used to reduce fees to encourage certain activities (such as to ensure public safety) or allow some people to be able to afford to receive services they otherwise could not at the full cost. In addition, subsidies can be an appropriate and justifiable action, such as to allow citizens to rightfully access services, without overburdensome costs.

Despite the intent, it is important for the City and public to understand that subsidies must be covered by another revenue source, typically the General Fund's other unoblbigated funds. Therefore, the general taxpayer will potentially help to fund private benefits, and/or other City services will not have available funds that are otherwise directed to cover fee subsidies.

Impact on Demand (Elasticity)
Economic principles of elasticity suggest that increased costs for services (higher fees) will eventually curtail the demand for the services; whereas lower fees may spark an incentive to utilize the services and encourage certain actions. Either of these conditions may be a desirable effect to the City. However, the level of the fees that would cause demand changes is largely unknown. The cost of service study did not attempt to evaluate the economic or behavioral impacts of higher or lower fees; nevertheless, the City should consider the potential impacts of these issues when deciding on fee levels.

Summary
City staff is recommending setting user fees at 100% of the full cost identified in this study except for specific considerations where it makes sense based on how service is provided such as trade fees within Building that are often coupled together when provided, or for the City xeroxing fee where the full cost would be considered prohibitive. City and departmental goals, City Council priorities, policy initiatives, past experience, implementation issues, and other internal and external factors should influence staff recommendations and City Council decisions. In this case, the proper identification of additional services (new or existing services) and update to a consistent and comprehensive fee schedule were the primary objectives of this study. City staff has reviewed the full costs and identified the recommended fee levels for consideration by City Council. The attached appendices exhibit these unit fees individually.

The preceding sections provide background for each department or division and the results of this study's analysis of their fees. For the full list of each fee's analysis, refer to Appendix C of this report.

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Administrative Services
The Administrative Services provides miscellaneous support services to all departments.

Analysis
Willdan individually reviewed the services associated with the Administrative Services fees. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.

The analysis of the Administrative Services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved with providing the service to recover the direct cost of staff and the pro -rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most flat rate fees are currently set below the full cost of providing the service. Staff have suggested fees be set at full cost recovery except for continued subsidy for the xeroxing fee as detailed in Appendix C. As a result, there would be:
• An increase for 12 fees;
• 2 fees would decrease;
• 10 fees would remain as currently set, and;
• the average fee change would be an increase of 73%.

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Building & Safety
The Building & Safety Program administers and enforces the California Building Code and all City ordinances regulating construction activity as a function of the Community Development Department. This program is responsible for issuance of building permits, collection of permit and inspection fees, conduct of in-house and contract plan check review, and providing building site inspections. The Building & Safety Program also provides customers with interpretation of the California Building Code, and ensures processing through other outside agencies for review and permitting, such as the Coachella Valley Water District, utility providers, County Health Department, etc.

Analysis
Willdan individually reviewed the services and programs associated with the Building & Safety Program.

The review also consisted of an evaluation of existing services in an effort to update the fee schedule.

The analysis of Building & Safety services relied primarily upon a standard unit cost build-up approach (except for fees related to the Building Permit program), whereby we determined the reasonable cost of each fee occurrence using staff time to recover the direct cost of staff and pro -rata share of departmental costs, including indirect costs for County Central Services. The analysis found that services are currently set below the full cost of providing them. It is recommended that the City increase cost recovery to 100% for Building & Safety services except for those as detailed in Appendix C. As a result, there would be:
• an increase to 47 fees;
• 5 fees would decrease;
• 2 fees would change to valuation based from a per sq ft fee; • 2 fees would change to flat fee from valuation based; • 119 fees would remain as currently set;
• 4 new fees would be added, and;
• the average estimated fee increase would be around 5%.

In addition to the above referenced fees listed under Building, the Building Permit fee program is also provided by this division. For the Building Permit fees, valuation is used as a proxy for measuring the amount of effort needed to provide services on a case -by -case basis. This method is an industry standard widely used by other jurisdictions to evaluate the cost of providing service. It is generally understood that the larger and more complex a project is, the more time and effort that is required to provide the service.

Project valuation also follows that trend, and so by using a combination of either project valuation or historical revenue figures along with a multiplier or cost recovery analysis for historical and anticipated future construction trends, current cost recovery along with variability in charges due to project type and scale is determined. The result of the cost analysis completed found that the program is currently operating at 114% cost recovery. It is suggested that the fees be decreased to be at 100 % cost recovery. Current and new fees are detailed in Appendix C.

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INDIAN WELLS
Planning
The Planning Program is responsible for processing land use applications as well as issuing Temporary Use Permits for special events as a function of the Community Development Department. Planning involves the review of projects for consistency with the City's General Plan, Zoning Ordinances, and State laws relative to land use and the California Environmental Quality Act (CEQA), which includes preparation of initial studies, categorical exemptions, negative declarations, and environmental impact reports. The Planning Program provides oversight and staff support for the City's appointed Architecture & Landscape Committee and Planning Commission. This involves the preparation of their respective agenda packets, meeting minutes and posting of legal notices.

Analysis
Willdan individually reviewed the services and programs associated with the Planning Program. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.

The analysis of Planning Services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved in providing services to recover the direct cost of staff and the pro -rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that current fee levels are subsidizing the cost for most services to a large degree. It is recommended that the City increase cost recovery to 100% for Building & Safety services as detailed in Appendix C. As a result, there would be:
• an increase to 53 fees;
• 7 new fees would be added;
• 3 fees would change to a flat fee from a 0$charge;
• 14 fees would remain as currently set, and;
• the average fee change would be an increase of 45%.

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15 Comprehensive User Fee Study

INDIAN WELLS
Public Works
A primary function of the Public Works Department, the Engineering Program oversees the design and construction of public improvements for private development projects, City capital improvement projects, and traffic signal operations. The Program regulates the issuance of grading, encroachment permits, oversized load permits, and oversees plan check and inspections for on -site and off -site infrastructure improvements to ensure conformance to City Standards. The Program also provides project management and administers contracts for City and Housing Authority projects.

The Engineering Program also represents the City in regional compliance programs such as National Pollution Discharge Elimination System (NPDES) and Air Quality Management District (AQMD), and on transportation programs with the Coachella Valley Association of Governments (CVAG) and the Riverside County Transportation Commission (RCTC).As a sister agency to the Coachella Valley Water District (CVWD), Staff works cooperatively with CVWD on various projects.

The Traffic Engineering component of the program provides for system monitoring, signal design, directional and regulatory sign monitoring, traffic striping design, and review of detour plans.

Analysis
Willdan individually reviewed the services associated with Public Works. The review also consisted of an evaluation of existing services in an effort to update the fee schedule.

The analysis of the Pubilc Works services relied primarily upon a standard unit cost build-up approach, whereby the reasonable cost of each fee occurrence was determined using staff time involved with providing the service to recover the direct cost of staff and the pro -rata share of departmental costs, including indirect costs for City Central Services. Willdan then compared the calculated full cost against the current fee amount to determine, if charged, whether the current fee is recovering the costs associated with the requested service. The analysis found that most fees are currently set below the full cost of providing the service. Staff have suggested fee adjustments full cost recovery, as detailed in Appendix C.

As a result, there would be:
• An increase for 16 fees;
• 2 new fees would be added, and;
• 12 fees would remain as currently set, and;
• The average fee change would be an increase of 115%.

WILLDAN
16 Comprehensive User Fee Study

INDIAN WELLS
Appendix A — Total Allowable Cost to be Recovered
Below are the total allowable costs that may be recovered through User Fees; however, only a percentage of the total allowable cost is realized as staff not only works on services related to User Fees, but also works on an array of other City functions during the operational hours of the City. The amounts listed below will not reconcile to City budgets as costs that should not be included in overhead for personnel in the application of determining fully burdened hourly rates were excluded. Examples of these costs are capital, debt, monetary transfers, contract costs, and any other costs that are charged directly to the service requestor.

City of Indian Wells - User Fee
Overhead Rate Calculations
Department
City Clerk
Code Enforcement
Building & Safety
Planning
Finance
Information Technology
Engineering
Maintenance Services
City Manager
-9
Salaries &
Benefits
Maintenance &
Operations
Direct
Overhead
%
Indirect
Allocation
Indirect
Allocation
%
99,644
68,150
68%
3,906
2%
252,329
205,047
81%
11,285
2%
508,292
273,821
54%
22,570
3%
279,244
237,413
85%
13,889
3%
661,389
207,164
31%
25,522
3%
342,524
66,991
20%
8,247
2%
560,700
310,653
55%
23,699
3%
576,089
472,351
82%
27,432
3%
473,072
291,760
62%
21,702
3%
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17 Comprehensive User Fee Study

INDIAN WELLS
Appendix B — Fully Burdened Hourly Rates
Below are fully burdened hourly rates of staff positions that provide for the services detailed in Appendix C. The FBHRs were used to determine the full cost of each service. They include the salary and benefit costs for each position as well as all applicable overhead amounts for each position. For any user fee service request that is outside the scope of the fees detailed in Appendix C, or for services for which there is no fee currently set, the City can charge up to the full cost of the FBHR for personnel involved.

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18 Comprehensive User Fee Study

INDIAN WELLS
City of Indian Wells - User Fee
Fully Burdened Hourly Rate Calculation
Fully Burdened
Department Position Hourly Rate
City Clerk
Code Enforcement
Building & Safety
Planning
Finance
Information Technology
Engineering
Maintenance Services
City Manager
Position Rates
Building & Safety Blg - Building Official & Code Enforcment Mgr.

Building & Safety Blg - Community Development Director
Building & Safety Blg - Housing Manager
Building & Safety Blg - Permit Technician II
City Clerk Clerk - City Clerk
City Clerk Clerk - Office Assistant
City Manager CM - City Clerk
City Manager CM - City Manager
City Manager CM - Deputy City Manager
City Manager CM - Office Assistant
Code Enforcement Code - Building Inspector II/Code Enforcement Officer Code Enforcement Code - Building Official & Code Enforcment Mgr.

Engineering Eng - Administrative Assistant
Engineering Eng - Management Analyst
Engineering Eng - Permit Technician I
Engineering Eng - Public Works Director
Engineering Eng - Public Works Field Supervisor
Engineering Eng - Public Works Inspector
Engineering Eng - Public Works Manager
Engineering Eng - Senior Management Analyst
Finance Finance - Accountant
Finance Finance - Accounting Technician I
Finance Finance - Accounting Technician II
Finance Finance - Assistant Finance Director
Finance Finance - Finance Director
Finance Finance - Senior Executive Assistant
$110.78
$143.28
$131.72
$102.89
$100.91
$128.09
$110.81
$143.11
$176.24
$286.96
$367.33
$247.44
$154.78
$290.04
$125.27
$279.85
$494.85
$425.83
$120.87
$200.45
$336.67
$144.93
$194.92
$141.40
$379.65
$215.15
$168.08
$226.04
$226.04
$138.86
$116.82
$122.73
$239.06
$329.54
$153.28

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19 Comprehensive User Fee Study

INDIAN WELLS
City of Indian Wells - User Fee
Fully Burdened Hourly Rate Calculation
Department
Information Technology
Maintenance Services
Maintenance Services
Maintenance Services
Planning
Planning
Planning
Position
Position Rates
IT - Information Technology Manager
Maintenance - Maintenance Worker I
Maintenance - Maintenance Worker 11
Maintenance - Maintenance Worker III
Ping - Administrative Assistant
Ping - Planner
Ping - Planning Technician I
Fully Burdened
Hourly Rate
$232.27
$129.23
$142.64
$157.45
$172.50
$237.79
$168.29

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Appendix C — Cost Recovery Analysis
The following tables provide the results of the analysis, resulting full cost recovery amount, and recommended fees. For fees, services, and penalties in which the full cost, existing fee and suggested fee is listed as "NA", the amount or percentage was not calculable based on cost data or variable fee structure.

This is most common when either the current or the suggested fee includes a variable component that is not comparable on a one-to-one basis, a full cost was not calculated (for penalties, fines, market -based fees, or items not included in the study), or when there is not a current fee amount to compare against.

All services and fees analyzed as part of this study fall under one or multiple categories one through five of the exemptions defined in Proposition 26. As such a cost analysis was performed to calculate the estimated reasonable full cost of each service, and suggested fees are recommended at or below those amounts.

Estimated reasonable full costs were calculated based on City expenditures and time estimates.

For any fee listed in which there is no change from the current to suggested amount the original adopting resolution remains in effect.

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21 Comprehensive User Fee Study

I. Administrative
#
Description
Current
Fee/Charge
Unit
Notes
Ordinance No. 657; Resolution 2018

1.a
Transient Occupancy Tax

12.25%
47 1.b
1% TBID - Vacation Rentals

1.00%
1% of gross short-
term room rental
revenue
The Greater Palm Springs Tourism
Business Improvement District
Assessment - effective 7/1/2021

2.a
Business License - Short Term Rentals

85.00 2 b
Business License - Contractors and
Subcontractors

83.00 2.c
Business License - Vendor Services (mobile)

60.00 2 d
Business License - Commercial Enterprises
(eating establishment)
160.00
2 e
Business License - Commercial Enterprises
(professional)
114.00
2 f
Business License - Commercial Enterprises
(hotels)
527.00

2.g
Business License - Peddlers

5.00 2.h
Home Occupations
113.00

2.i
Home Foreclosure Registration Fee
139.00

2.j
Vehicle Stickers

1.00 2.k
SB1186 License Fee

4.00 St of CA Division of the State Architect -
License Fee & Use for Construction -
Related Accessibility
3 Vacation Rental Fees - Short term rental
registration*
140.23
IW Resolution 2015-04
4 Animal Control Fees
County of
Riverside Fee
Schedule
County of Riverside Fee Schedule
5 Returned Check Processing Fee

25.00 Set by State Statute 1719

6.a
Xeroxing - single or double sided copies

0.19 Per Page

6.b
Xeroxing - upfront deposit requirement for
records over 100 pgs
Estimated by
City Clerk
Resolution No. 2011-40

6.c
Xeroxing - Binding Bids & Specifications
Cost/Project

6.d
Meeting Tape Duplication
Cost of Tape
Resolution No. 92-190
Full Cost
Subsidy %
Suggested Fee
Fee A
NA
NA

12.25%
$0.00
NA
NA

1.00%
$0.00
$256.93
0%
$256.00
$171.00
$108.95
1%
$108.00
$25.00
$108.95
1%
$108.00
$48.00
$613.89
0%
$613.00
$453.00
$560.09
0%
$560.00
$446.00
$820.79
0%
$820.00
$293.00
$295.98
0%
$295.00
$290.00
$338.03
0%
$338.00
$225.00
NA
NA
$139.00
$0.00
NA
NA
$1.00
$0.00
NA
NA
$4.00
$0.00
$256.93
0%
$256.00
$115.77
NA
NA
County of
Riverside Fee
Schedule
$0.00
NA
NA
$25.00
$0.00
$2.95
93%
$0.20
$0.01
NA
NA
Estimated by City
Clerk
$0.00
NA
NA
Cost/Project
$0.00
NA
NA
Cost of Tape
$0.00
22

Description
I. Administrative
■
Current
Fee/Charge
Unit
Notes

6.e Video DVD Duplication

20.00 Resolution No. 2011-40
1 Full Cost
Subsidy
Suggested Fee
Fee 0
$28.20 1%
$28.00
$8.00
23

II. Building
..
h`.z
Current Fee/Charge
Unit
Notes

1.a
Garage*

36.86 Per square foot
Valuation based on number of Square feet

1.b
Multi -Family Remodel
Valuation Based
Valuation based on the project cost

1.c
Single Family Remodel
Valuation Based
Valuation based on the project cost

1.d
Commercial Remodel
Valuation Based
Valuation based on the project cost

1.e
Commercial Tenant Improvement
Valuation Based
Valuation based on the project cost

1.f
Roofing
Valuation Based
Valuation based on the project cost

1.g
Miscellaneous
Valuation Based
Valuation based on the project cost

1.h
Sign
Valuation Based
Valuation based on the project cost

1.i
All Other Occupancies
Valuation Based
As to building valuation, schedule of fees, and
charges to be based upon International
Conference of Building Officials, Building
Standards, current editions have been adopted
by reference

1.j
Meter Reset
Valuation Based
Valuation based on the project cost

1.k
Service Panel Changeout
Valuation Based
Valuation based on the project cost

1.1 Photovoltaic Permit Fee* - Residential
528.43

1.1 Photovoltaic Permit Fee* -Commercial
528.43

1.m
Demolition Permit*

73.98 1.n
Plumbing Miscellaneous
Valuation Based
Valuation based on the project cost

1.o
BBCJFirepit/Fireplace
Valuation Based
Valuation based on the project cost

1.p
Block Wall
Valuation Based
Valuation based on the project cost

1.q
Generator
Valuation Based
Valuation based on the project cost

1.r
Mechanical/HVAC/Miscellaneous
Valuation Based
Valuation based on the project cost

1.s
Electrical Miscellaneous
Valuation Based
Valuation based on the project cost

1.t
Pool/Spa/Miscellaneous/Water Feature
Valuation Based
Valuation based on the project cost

1.0 Patio
Valuation Based
Valuation based on the project cost

1.v
E.V. Charging System
Valuation Based
Valuation based on the project cost
Pumbing
it
Description
Fee
Unit
Notes

2.a
For issuing each permit*
$60.25
Each

2.b
Plumbing fixture or trap or set of fixtures on the trap* $11.74
Each
Including water, drainage piping and backflow
protection

2.c
Building sewer and each trailer park sewer*
$25.83
Each

2.d
Rainwater systems - per drain (inside building)*
$11.74
Each

2.e
Water heater and/or vent*
$11.74
Each

2.f
Gas piping systems of 1-5 outlets*
$8.22
Each
Full Cost
Subsidy %
Suggested Fee
Fee A
NA
NA
$36.86
50 NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
50 NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
50 NA
NA
Valuation Based
$0
$151.30
0%
$151.00
NA
$251.53
0%
$251.00
NA
$555.68
19%
The first 15 kW at $450,
plus $15 for each
additional 1 kW, or
fraction thereof.
$78
$555.68
The first 50 kW at $1,000,
plus $7 for
each additional 1 kW, or
fraction thereof.'The first
250 kW @ $1,400 plus $5
for
each additional 1 kW, or
fraction thereof.
$472
$251.53
0%
$251.00
$177
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
NA
NA
Valuation Based
$0
$51.08
0%
$51.00
-$9
$50.11
54%
$23.00
$11
$50.11
0%
$50.00
524
$50.11
54%
$23.00
$11
$50.11
54%
$23.00
$11
550.11
68%
$16.00
$8
24

II. Building
Current Fee/Charge
Unit
Notes

2.g
Gas piping systems of 5 or more*
$1.17
Each

2.h
Industrial/commercial waste pre-treatment interceptor*
$11.74
Each
Including trap and vent, excepting kitchen type
grease interceptors functioning as fixture traps

2.i
For installation, alternation or repair of water pipping equipment*
$11.74
And/or water treating equipment

2.j
For repair or alternation of drainage or vent piping*
$11.74
'- r �
N . Y ::
@;. sra'ipdon
f'L 11 1

3.a
For issuing each permit*

25.83 3.b
For each square foot floor area*

0.06 Per square foot

3.c
For each square foot garage or carport floor area*

0.05 Per square foot

3.d.1
Electrical service entrance -100-200 amps*

31.71 Each

3.d.2
Electrical service entrance - 201-1,000 amps*

65.76 Each

3.e
Sub -panel*

5.28 Each

3.g
Temporary construction power pole*

25.83 Each

4.a
Description = 711ra_
For issuing each permit *

38.75 Unit
Each
• ;.

4.b.1
Installation or relocation of force -air or gravity -type furnace or burner*

22.31 Each
Including ducts and vents attached to such
appliance, up to and including 1000,000 Btu/h

4.b.2
Installation or relocation of floor furnace, including vent*

22.31 Each

4. b.4
Repair of, alteration of, or addition to heating appliance, refrigeration unit, cooling unit, absorption unit or each heating, cooling absorption, or evaporative cooling
system*

21.14 Each
Including installation of controls regulated by
this Code

4.b.5
Installation or relocation of each boiler or compressor to and including 3 horsepower, or each absorption system to and including 100,000 Btu/h*

22.31 Each

4.b.6
Installation or relocation of each boiler or compressor over 3 horsepower to and including 15 horsepower, or
each
absorption system over 100,000 Btu/h and including
500,000
Btu/h*

42.27 Each

4.b.7
Installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or
each
absorption system over 500,000 Btu/h to and including

1.000.000 Btu/h*

57.54 Each

4.b.8
Installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or
for
each absorption system over 1,000,000 Btu/h to and
including
1,750,000 Btu/h*

86.90 Each
Full Cost
Subsidy %
Suggested Fee
Fee A
$50.11
96%
$2.00
$1
$50.11
54%
$23.00
$11
$50.11
54%
$23.00
$11
$50.11
54%
$23.00
$11
$51.08
0%
$51.00
$25
NA
NA
Valuation Based
NA
NA
NA
Valuation Based
NA
$50.11
0%
$50.00
$18
$100.22
0%
$100.00
$34
$50.11
80%
$10.00
$5
$50.11
0%
$50.00
$24
$51.08
0%
$51.00
$12
$50.11
12%
$44.00
$22
$50.11
12%
$44.00
$22
$50.11
16%
$42.00
$21
$50.11
12%
$44.00
$22
$66.82
1%
$66.00
$24
$83.52
1%
$83.00
525
5100.22
0%
$100.00
$13
25

11. Building
Current Fee/Charge
Unit
Notes

4. b.9
Installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption
system
over 1,750,000 Btu/h*
145.61
Each

4.b.10
Air -handling unit over 10,000 cfm*

28.18 Each

4.b.11
Evaporative cooler other than portable type*

14.09 Each

4.b.12
Ventilation fan connected to a single duct*

10.57 Each

4.b.13
Ventilation system which is not a portion of any
permit*

14.09 Each

4.b.14
Installation of each hood which is served by
mechanical exhaust, including the ducts for such hood*

14.09 Each

4.b.15
Appliance or piece of equipment regulated by this
Code but not classed in other appliance categories, or for which no other fee is listed in this Code*

14.09 Each
Fee
Notes
Description
Unit �_

5.a
Inspections outside of normal business hours. (Minimum
Charge 2 hrs.)*

73.98 Per hour

5.c
Reinspection fees assessed under Section 308-8*
223.12
Per hour
Collecting reinspection fees at full cost will
prohibit any future non-compliance

5.d
Inspections for which no fee is indicated (Minimum Charge 1 hour)*

73.98 Per hour
Or the hourly cost to the jurisdiction, whichever
is greater. This cost shall
shall include supervision, overhead, equipment,
hourly wages and fringe benefits of the
employees involved.

Permit Renewal Fee
New
Short term rental inspection
New
Technology Fee
New
% of Business License and
Building Permit/Planning/PW
Applications

5.e.1
In-house Plan Check*

73.98 Per hour
Required by changes to approved plans. Or the
hourly cost to the jurisdiction, whichever is
greater. This cost shall include supervision,
overhead, equipment, hourly wages and fringe
benefits of the employees involved.

5.e.2
Outside Plan Check as needed
Actual Cost + 10%
Third Party Cost

5.f.1
School Tax - Residential

4.23 Per square foot
School Tax shall be paid to Desert Sands Unified
School District prior
to issuance of building permit IGC 66007, SB 327,
& AB 2926]. Resolution 93-71. (DSUSD Fee study

5.17.18)
Full Cost
Subsidy %
Suggested Fee;`
Fee A
$200.45
0%
$200.00
$54
$50.11
0%
$50.00
$22
$50.11
44%
$28.00
$14
$50.11
58%
$21.00
$10
$50.11
44%
$28.00
$14
$50.11
44%
$28.00
$14
$50.11
44%
$28.00
$14
$400.89
0%
$400.00
$326
$239.14
0%
$239.00
$16
$212.83
0%
$212.00
$138
NA
NA
Y. of the original permit
fees paid or X of permit
fees paid if limited to final
inspection only.

NA
$189.03
21%
$150.00
NA

4.7%
0%

4.7%
NA
$355.23
0%
$355.00
$281
NA
NA
65% of the overall plan
check fee
$0
NA
NA
$4.23
$0
26

11. Building
Current Fee/Charge
Unit
Notes

5.f.2
School Tax - Commercial

0.68 Per square foot
School Tax shall be paid to Desert Sands Unified
School District prior
to issuance of building permit IGC 66007, SB 327,
& AB 2926]. Resolution 93-71. (DSUSD Fee study

5.17.18)

5.g.1
1981 Highway 111 storm drain benefit district fee -
residential
970.05
IW Resolution 84-62

5.g.2
1982 Highway 111 storm drain benefit district fee -
commercial
7,493.92
IW Resolution 84-62

5.h
Art in Public Places Fee (based on valuation) new
residential

0.00 For Art in Public Places Fee

5.i
Art in Public Places Fee (based on valuation) Public Works project

0.01 For Art in Public Places Fee
5 .

Art in Public Places Fee (based on valuation) Commercial Project

0.01 5.k.1
Transportation Uniform Mitigation Fees (TUMF) -
Residential Single Family detached
2 358.00
Per dwelling unit
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $2,550 - eff. 1/1/2023)

5.k.2
Transportation Uniform Mitigation Fees (TUMF) -
Residential Multi -family attached increase
1,358.00
Per dwelling unit
CVAG Fee (IW Resolution 2018-39) **Fee will
to $1,470 - eff. 1/1/2023)

5.k.3
Transportation Uniform Mitigation Fees (TUMF) -
Residential Nursing/congregate care
505.00
Per dwelling unit
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $545 - eff. 1/1/2023)

5.k.4
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Retail
6,135.00
Per 1,000 sq. ft
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $6,640 - eff. 1/1/2023)

5.k.5
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Office
2 440.00
Per 1,000 sq. ft
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $2,640 - eff. 1/1/2023)

5.k.6
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Industrial
2440.00
Per 1,000 sq. ft
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $1,340 - eff. 1/1/2023)

5.k.7
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Fuel -gas
8 790.00
Per dispensing unit
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $9,515 - eff. 1/1/2023)

5.k.8
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Fuel -electric

93.00 Per dispensing unit
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $100 - eff. 1/1/2023)

5.k.9
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Hotel
3,583.00
Per room
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $3,880 - eff. 1/1/2023)
S.k.10
Transportation Uniform Mitigation Fees (TUMF) - Non-
Residential - Golf course
939.00
Per acre
CVAG Fee (IW Resolution 2018-39) **Fee will
increase to $1,015 - eff. 1/1/2023)

5.1.1 Quimby Fees
1,896.00
Per lot

5.1.2 Quimby Fees (Single Family)
1,667.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.1.3 Quimby Fees (Multifamily)
858.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.m.1
Citywide Public Improvements Fee
2,489.00
Per EDU
See Ord. 373 & Resolution No. 96-26, replaced
by Fees 5.m.2 through 5.m.6

5.m.2
Citywide Public Improvement Fee (Single Family)
656.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.m.3
Citywide Public Improvement Fee (Multifamily)
338.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.m.4
Citywide Public Improvement Fee (Commercial)
1,277.00
Per 1,000 sq. ft
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022
Full Cost
Subsidy %
Suggested Fee
Fee A
NA
NA
$0.68
$0
NA
NA
$970.05
$0
NA
NA
$7,493.92
$0
NA
NA
$0.00
$0
NA
NA
$0.01
$0
NA
NA
$0.01
$0
NA
NA
$2,550.00
$192
NA
NA
$1,470.00
$112
NA
NA
$545.00
$40
NA
NA
$6,640.00
$505
NA
NA
$2,640.00
$200
NA
NA
$1,340.00
-$1,100
NA
NA
$9,515.00
$725
NA
NA
$100.00
$7
NA
NA
$3,880.00
$297
NA
NA
$1,015.00
$76
NA
NA
$1,896.00
$0
NA
NA
$1,667.00
$0
NA
NA
$858.00
$0
NA
NA
$2,489.00
$0
NA
NA
$656.00
$0
NA
NA
$338.00
$0
NA
NA
$1,277.00
$0
27

II. Building
Current Fee/Charge
Unit
Notes

5.m.5
Citywide Public Improvement Fee (Office)
1,956.00
Per 1,000 sq. ft
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.m.6
Citywide Public Improvement Fee (Hotel)
335.00
Per Hotel Room
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.n
Highway III Circulation Improvement Fee
975.00
Per EDU
See Ord. 373 & Resolution No. 96-26, replaced
by Fees 5.o.1 through 5.0.5

5.o.1
Transportation Facilities Fee (Single Family)
1,958.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.o.2
Transportation Facilities Fee (Multifamily)
1,312.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.o.3
Transportation Facilities Fee (Commercial)
2,963.00
Per 1,000 sq. ft
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.o.4
Transportation Facilities Fee (Office)
3,104.00
Per 1,000 sq. ft
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.o.5
Transportation Facilities Fee (Hotel)
1,129.00
Per Hotel Room
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.p.1
Parks Facilities Fee (Single Family)
478.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.p.2
Parks Facilities Fee (Multifamily)
246.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.p.3
Park Facilities Fee (Hotel)
482.00
Per Hotel Room
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.q.1
Recreation Facilities Fee (Single Family)
3,630.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.q.2
Recreation Facilities Fee (Multifamily)
1,869.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.q.3
Recreation Facilities Fee (Hotel)
3,666.00
Per Hotel Room
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.r.1
Storm Drain Facilities Fee (Single Family)
292.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.r.2
Storm Drain Facilities Fee (Multifamily)
111.00
Per EDU
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.r.3
Storm Drain Facilities Fee (Commercial)

55.00 Per 1,000 sq. ft
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.r.4
Storm Drain Facilities Fee (Office)

67.00 Per 1,000 sq. ft
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.r.5
Storm Drain Facilities Fee (Hotel)

61.00 Per Hotel Room
Eff. 8/1/2022 - Per 2022 DIF Nexus Study -
Council Adoption 6/2/2022

5.s
Tract Housing - Repeat Plan Check Fee
249.00
Resolution No.99-8

5.t
Penalty Fees for Work Without Permits
3x permit fee

5.0 81/2 x 11 copies

0.21 Full Cost
Subsidy %
Suggested Fee
Fee A
NA
NA
$1,956.00
$0
NA
NA
$335.00
$0
NA
NA
$975.00
$0
NA
NA
$1,958.00
$0
NA
NA
$1,312.00
$0
NA
NA
$2,963.00
$0
NA
NA
$3,104.00
$0
NA
NA
$1,129.00
$0
NA
NA
$478.00
$0
NA
NA
$246.00
50 NA
NA
$482.00
$0
NA
NA
53,630.00
$0
NA
NA
$1,869.00
$0
NA
NA
$3,666.00
$0
NA
NA
$292.00
$0
NA
NA
$111.00
50 NA
NA
$55.00
$0
NA
NA
$67.00
$0
NA
NA
561.00
$0
NA
NA
$249.00
$0
NA
NA
3x permit fee
$0
$0.21
0%
$0.21
$0
$38.70
2%
$38.00
$24
$555.68
0%
$555 Admin fee + $85 hr
hearing officer
$369
$24.77
3%
$24.00
-$2
28

I1. Building
N
Description
Current Fee/Charge
Unit
Notes
Fire Fees
Water -Based Fire Protection Systems

6.a
Fire Sprinkler Commercial/Multi Family/Other-New System

6.a.1
Plan Review (up to 50 heads)
161.62
Per hour
Resolution No. 2021-43; 2 Hours

6.a.2
Inspection (up to 50 heads)
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

6.b
Fire Sprinkler Commercial/Multi Family/Other-Altercation

6.b.1
Plan Review (up to 25 heads)

80.81 Per hour
Resolution No. 2021-43; 1 Hour

6.b.2
Plan Review (up to 25 heads)

80.81 Per hour
Resolution No. 2021-43; 1 Hour

6.c
Fire Sprinkler, Per additional head - New or Altercation

6.c.1
Plan Review

1.00 Per hour
Resolution No. 2021-43; 0.005 Hours

6.c.2
Inspection

1.00 Per hour
Resolution No. 2021-43; 0.005 Hours

6.d
Fire Sprinkler Single Family/Duplex - New System

6.d.1
Plan Review
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

6.d.2
Inspection

80.81 Per hour
Resolution No. 2021-43; 1 Hour

6.e
Fire Sprinkler Single Family/Duplex-Alteration of Existing System

6.e.1
Plan Review

80.81 Per hour
Resolution No. 2021-43; 1 Hour

6.e.2
Inspection

80.81 Per hour
Resolution No. 2021-43; 1 Hour

6.f
Standpipe

6.f.1
Plan Review (per vertical standpipe)
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

6.f.2
Inspection (per vertical pipe)
161.62
Per hour
Resolution No. 2021-43; 2 Hours

6.g
Fire Pump

6.g.1
Plan Review
161.62
Per hour
Resolution No. 2021-43; 2 Hours

6.g.2
Inspection
161.62
Per hour
Resolution No. 2021-43; 2 Hours

6.h
Fire Protection Underground System

6.h.1
Plan Review (up to 25 devices)
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

6.h.2
Inspection (up to 25 devices)
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

6.i
Per Additional Sprinkler Riser or Hydrant

6.i.1
Plan Review

80.81 Per hour
Resolution No. 2021-43; 1 Hour

6.i.2
Inspection

80.81 Per hour
Resolution No. 2021-43; 1 Hour
Fire alarm Systems

7.a
Fire Alarm - New System

7.a.1
Plan Review (up to 25 devices)
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

7.a.2
Inspection (up to 25 devices)
161.62
Per hour
Resolution No. 2021-43; 2 Hours

7.b
Fire Alarm -Altercation

7.b.1
Plan Review (up to 5 devices)

80.81 Per hour
Resolution No. 2021-43; 1 Hour

7.b.2
Inspection (up to 5 devices)

80.81 Per hour
Resolution No. 2021-43; 1 Hour

7.c
Per Additional Device

7.c.1
Plan Review - New or Altercation

1.00 Per hour
Resolution No. 2021-43; 0.010 Hours

7.c.2
Inspection - New or Altercation

1.00 Per hour
Resolution No. 2021-43; 0.010 Hours
Alternative Automatic Extinguishing Systems

8.a
Dry, Wes, CO2, Halon, UL 300, Clean Agent, Spray Booth, Other

8.a.1
Plan Review
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

8.a.2
Inspection
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours
Other Fire Construction Reviews and Inspections
Full Cost
Subsidy %
Suggested Fee.

Fee A
NA
NA
$161.62
$0
NA
NA
$121.22
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$1.00
$0
NA
NA
$1.00
$0
NA
NA
$121.22
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$121.22
$0
NA
NA
$161.62
$0
NA
NA
$161.62
$0
NA
NA
$161.62
$0
NA
NA
$121.22
$0
NA
NA
$121.22
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$121.22
$0
NA
NA
$161.62
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$1.00
$0
NA
NA
$1.00
$0
NA
NA
$121.22
$0
NA
NA
$121.22
$0
29

II. Building
#
Description
Current Fee/Charge
Unit
Notes

9.a
LPG, Cryogenics, Compressed Gas, Medical Gas, Battery
Storage Systems, Industrial Oven, & Other Fire
construction Permit

9.a.1
Plan Review
161.62
Per hour
Resolution No. 2021-43; 2 Hours

9.a.2
Inspection
161.62
Per hour
Resolution No. 2021-43; 2 Hours

9.b
Emergency Responder Radio Coverage

9.b.1
Plan Review & Coordination (2 -hour minimum)
161.62
Per hour
Resolution No. 2021-43; 2 Hour minimum

9.b.2
Inspection & Coordination (4 -hour minimum)
323.24
Per hour
Resolution No. 2021-43; 4 Hour minimum

9.c
Access/Gate

9.c.1
Plan Review

80.81 Per hour
Resolution No. 2021-43; 1 Hour

9.c.2
Inspection

80.81 Per hour
Resolution No. 2021-43; 1 Hour

9.d
Alternative Materials & Methods of Construction (hourly, 2 hour minimum)

80.81 Per hour
Resolution No. 2021-43; 1 Hour
Tanks (Above Ground/Under Ground, Fuel Dispensing; LPG)

10.a
Above Ground Tank or Underground Tank installation or
removal and/or Pipe Installation or Removal (1 Tank)
242.43
Per hour
Resolution No. 2021-43; 3 Hours

10.b
Above Ground Tank or Underground Tank installation or
removal (per add'I tank)

80.81 Per hour
Resolution No. 2021-43; 1 Hour

10.c
Under Ground Tank Installation, New System (1 tank)
646.48
Per hour
Resolution No. 2021-43; 8 Hours

10.d
Under Ground Hazardous Materials Tank Pipe
Installation or Removal (per add'I tank)
242.43
Per hour
Resolution No. 2021-43; 3 Hours

10.e
Under Ground - Hazardous Materials Tank Removal (1
Tank)
242.43
Per hour
Resolution No. 2021-43; 3 Hours
Building Fees

11.a
Commercial/Industrial - New

11.a.1
Plan Review
161.62
Per hour
Resolution No. 2021-43; 2 Hours

11.a.2
Inspection
161.62
Per hour
Resolution No. 2021-43; 2 Hours

11.b
Commercial/Industrial -Tenant Improvement

11.b.1
Plan Review
101.01
Per hour
Resolution No. 2021-43; 1.25 Hours

11.b.2
Inspection
121.22
Per hour
Resolution No. 2021-43; 1.5 Hours

11.c
Commercial/Industrial (over 4 stories) - Tenant
Improvement

11.c.1
Plan Review

80.81 Per hour
Resolution No. 2021-43; 1 Hour

11.c.2
Inspection

80.81 Per hour
Resolution No. 2021-43; 1 Hour

11.d
Commercial/Industrial (over 4 stories) - Tenant
Improvement

11.d.1
Plan Review
161.62
Per hour
Resolution No. 2021-43; 2 Hours

11.d.2
Inspection

80.81 Per hour
Resolution No. 2021-43; 1 Hour

11.e
Multi -Family- New

11.e.1
Plan Review
242.43
Per hour
Resolution No. 2021-43; 3 Hours

11.e.2
Inspection
242.43
Per hour
Resolution No. 2021-43; 3 Hours

11.f
Multi -Family -Tenant Improvement

11.f.1
Plan Review
161.62
Per hour
Resolution No. 2021-43; 2 Hours

11.f.2
Inspection
161.62
Per hour
Resolution No. 2021-43; 2 Hours
Fire Code Verification

12.a
Operation Permit Plan Review/Application Code Review
and Pre -submittal Planning Related Reviews (hourly) -
Minimum Y: hour, additional time billed at hourly rate

40.40 Per hour
Resolution No. 2021-43; 0.5 Hours
Full Cost
Subsidy %
Suggested Fee.

Fee A
NA
NA
$161.62
$0
NA
NA
$161.62
$0
NA
NA
$161.62
$0
NA
NA
$323.24
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$242.43
$0
NA
NA
$80.81
$0
NA
NA
$646.48
$0
NA
NA
$242.43
$0
NA
NA
$242.43
$0
NA
NA
$161.62
$0
NA
NA
$161.62
$0
NA
NA
$101.01
$0
NA
NA
$121.22
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$161.62
$0
NA
NA
$80.81
$0
NA
NA
$242.43
$0
NA
NA
$242.43
$0
NA
NA
$161.62
$0
NA
NA
$161.62
$0
NA
NA
$40.40
$0
30

II. Building
Current Fee/Charge
Unit
Notes

12.b
Operational Permit Inspection (hourly) - Minimum 2 -hour review, additional time billed at hourly rate

80.81 Per hour
Resolution No. 2021-43; 1 Hour

12.c
Special Events or Temporary Use Events (hourly)
Minimum 2 -hour, additional time billed at hourly rate

80.81 Per hour
Resolution No. 2021-43; 1 Hour

12.d
Inspection Outside of Normal Work Hours -Hourly Rate

80.81 Per hour
Resolution No. 2021-43; 1 Hour
Care Facilities

13.a
Elderly Care Facility

80.81 One time at License
Issuance
Resolution No. 2021-43

13.b
Rehab/Living Facility

80.81 One time at License
Issuance
Resolution No. 2021-43

13.c
Detox Facility

80.81 One time at License
Issuance
Resolution No. 2021-43
Other

14.a
Fire Records and Research (add'I fees apply for copies of materials)

26.93 Per hour
Resolution No. 2021-43; 0.3 Hours

14.b
Plan Revision

80.81 Per hour
Resolution No. 2021-43; 1 Hour

14.c
Excess Plan Review

80.81 Per hour
Resolution No. 2021-43; 1 Hour

14.d
Missed Inspection/Excess Inspections

80.81 Per hour
Resolution No. 2021-43; 1 Hour

14.e
Expedited Review (subject to availability)
Varies

1.5 x Base Fee

14.f
Work Commenced without a Permit
Varies
2 x Base Fee

14.g
Special Requests for Fire Services

80.81 Per hour
Resolution No. 2021-43; 1 Hour Minimum

14.h
Miscellaneous Services

80.81 Per hour
Resolution No. 2021-43; 1 Hour Minimum
Fire Permit Preparation
New
*Fees subject to Annual CPI Adjustment
Full Cost
Subsidy %
Suggested Fee
Fee A
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$0.00
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$26.93
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
$80.81
$0
NA
NA
Varies
$0
NA
NA
Varies
$1
NA
NA
$80.81
$0
NA
NA
$80.81
$0
$77.39
1%
$77.00
NA
31

Building Valuation Table
(All New Construction)
Minimum
Current Base Suggested Base Current Suggested
e Rate
1 500

21.89 19.17

0.00 0.00
0 501
2,000

21.89 19.17

2.84 2.49
100
2,001
25,000

64.49 56.50

13.04 11.42
1,000
25,001
50,000
364.37
319.24

9.41 8.24
1,000
50,001
100,000
599.52
525.27

6.52 5.71
1,000
100,001
500,000
925.46
810.84

5.22 4.57
1,000
500,001
1,000,000
3,011.58
2,638.60

4.42 3.88
1,000
1,000,001
9,999,999,999
5,223.41
4,576.49

2.93 2.57
1,000
32

III. Planning Department
Description
Current Fee/Charge
Unit
Notes
General Applications

1.a
General Plan Amendment + Third Party
Cost*
6,890.73

1.b
Specific Plan or Master Plan + Third Party
Cost*
6,701.67
1 c
Change of Zone or Pre -Annexation
Zoning + Third Party Cost*
6,890.73

1.d
Conditional Use Permit - New Use +
Third Party Cost*
7,698.65

1.e
Conditional Use Permit - Existing Single -
Family Residential Lot + Third Party
Cost*
3,491.16

1.f
Conditional Use Permit - Modify Existing
+Third Party Cost*
4,622.01

1.g.1
Sign Program New use + Third Party
Cost*
3,310.32
1 g 2
Sign Program modify existing + Third
Party Cost*
2,763.10

1.h
Modification to Tract Map + Third Party
Cost*
5,661.25

1.j
Variance to Zoning Ordinance
Regulations - Residential Zones + Third
Party Cost*
2,262.86

1.k
Variance to Zoning Ordinance
Regulations - Commercial Zones + Third
Party Cost*
5,354.76

1.1 Annexation in addition to other fees,
(i.e. LAFCO)+Third Party Cost*
159.70

1.m
Request to Amend City Municipal Code +
Third Party Cost*
7,901.80

1.n
Standard Sign Permit*
314.71
Issued under our Staff Review

1.o
Zoning Confirmation Letter
No Charge
l.p
Administrative Landscape Approval
No Charge

1.q
Preliminary Design Review Architectural
Plans
No Charge
g
Comparison Plan Check Review
New
Single Family Precise Site Plan Review
Time & Material
Pre application review fee (PAR)
New
Unit
Notes

2.a.1
Tentative Tract Map + Third Party Cost*
$6,390.49
Each

2.a.2
Vesting Tentative Tract Map + Third
Party Cost*
$6,640.61
Each
Full Cost
Subsidy %
Suggested Fee
Fee A
$9,615.67
0%
$9,615.00
$2,724
$9,296.43
0%
$9,296.00
$2,594
$9,598.30
0%
$9,598.00
$2,707
$10,691.65
0%
$10,691.00
$2,992
$7,140.27
0%
$7,140.00
$3,649
$8,357.23
0%
$8,357.00
$3,735
$4,857.98
0%
$4,857.00
$1,547
$4,028.08
0%
$4,028.00
$1,265
$9,018.47
0%
59,018.00
$3,357
$6,000.72
0%
$6,000.00
$3,737
$7,230.33
0%
$7,230.00
$1,875
$473.03
0%
$473.00
$313
$10,722.94
0%
$10,722.00
$2,820
$396.39
0%
$396.00
581
$525.00
0%
$525.00
NA
$468.06
0%
$468.00
NA
$237.79
0%
$237.00
NA
$379.02
0%
$379.00
NA
$632.12
NA
$632.00
NA
$1,870.86
NA
$1,870.00
NA
$8,832.81
0%
$8,832.00
$2,442
$9,172.12
0%
$9,172.00
$2,531
33

III. Planning Department
Current Fee/Charge
Unit
Notes

2.a.3
Final Map [+$1O/Lot + Plan Check
Engineer Costs]
+Third Party Cost*
$2,704.39
Each

2.b.1
Tentative Parcel Map+Third Party Cost*
$5,296.05
Each

2.b.2
Vesting Parcel Map + Third Party Cost*
$5,808.04
Each

2.b.3
Final Map [+$1O/Lot + Plan Check
Engineer Costs]
+ Third Party Cost*
$2,704.39
Each
Notes
Description
Fee
Irtg;+'

3.a
Categorical Exemption + Third Party
Cost*
449.75
Each

3.b
Environmental Assessment Negative
Declaration+ Third Party Cost
Cost + 20% Admin
Charge
Each

3.c
EIR Expanding Study, Mitigated Negative
Declaration+ Third Party Cost
Cost + 20% Admin
Charge
Each

3.d.1
Coachella Valley Multiple Species Habitat
Conservation Plan/ Natural - Local
Development Mitigation Fee (LDMF) -
Commercial/Industrial
Community Conservation Plan
Mitigation Fee Ordinance
6,215.00
Per acre
Fee Schedule as adopted and amended by the
Coachella Valley Association of Governments from
time to time as per Ordinance No. 651/ Resolution
No. 2011-25. Community Conservation Plan
Mitigation Fee Ordinance

3.d.2
Coachella Valley Multiple Species Habitat
Conservation Plan/ Natural - Local
Development Mitigation Fee (LDMF)
Residential (0-8 units per acre)
1,400.00
Per unit
Fee Schedule as adopted and amended by the
Coachella Valley Association of Governments from
time to time as per Ordinance No. 651/ Resolution
No. 2011-25. Community Conservation Plan
Mitigation Fee Ordinance

3.d.3
Coachella Valley Multiple Species Habitat
Conservation Plan/ Natural - Local
Development Mitigation Fee (LDMF)
Residential (8.1 - 14 units per acre)
583.00
Per unit
Fee Schedule as adopted and amended by the
Coachella Valley Association of Governments from
time to time as per Ordinance No. 651/ Resolution
No. 2011-25. Community Conservation Plan
Mitigation Fee Ordinance

3.d.4
Coachella Valley Multiple Species Habitat
Conservation Plan/ Natural - Local
Development Mitigation Fee (LDMF)
Residential (14+ units per acre)
259.00
Per unit
Fee Schedule as adopted and amended by the
Coachella Valley Association of Governments from
time to time as per Ordinance No. 651/ Resolution
No. 2011-25. Community Conservation Plan
Mitigation Fee Ordinance
Full Cost
Subsidy %
Suggested Fee
Fee A
$3,738.00
0%
$3,738.00
$1,034
$7,276.54
0%
$7,276.00
$1,980
$8,000.55
0%
$8,000.00
$2,192
$3,633.39
0%
$3,633.00
$929
$645.95
0%
$645.00
$195
NA
NA
Cost + 20% Ad min
Charge
$0
NA
NA
Cost + 20% Ad min
Charge
$0
NA
NA
$6,725.00
$0
NA
NA
$1,515.00
$0
NA
NA
$630.00
$0
NA
NA
$280.00
$0
34

III. Planning Department
Description
Current Fee/Charge
Unit 1
Notes
Miscellaneous

4.a
Appeals with Public Hearing + Third
Party Cost*
1,818.98
Each

4.b
Appeals without Public Hearing + Third
Party Cost*
1,058.04
Each

5.a
Time Extensions To Any Approvals +
Third Party Cost*
2,246.42
Each

6.a
Blueprints, Maps, etc. [Printing Cost +
$2.00] *

31.71 Each
Scanning Fee
New
Per Page

6.b
Preliminary Development Plan Review +
Third Party Cost*
1,996.29
Each
6 c
Temporary Use Permit/Special Events
(Public Hearing)+ Third Party Cost*
2,305.13
Each

6.d
Temporary Use Permit [No Public
Hearings] + Third Party Cost*
629.42
Each

6.e
Zoning Review/Confirmation/Flood Zone
Review + Third Party Cost*
314.71
Each

6.k
Abatement of Illegal Signs

25.00 Each

6.m.1
Use determination - public hearing
(total)+Third Party cost*
1,355.13
Each

6.m.2
Use determination - no public hearing
+Third Party cost*
944.13
Each

6.n.1
Administrative Relief -Public Hearing
(total)+Third Party cost*
1,627.57
Each

6.n.2
Administrative Relief -No Public Hearing
+Third Party cost*
927.69
Each

6.p.1
Fee Application for Initial TDM Plan Review
Char ost +a 0% Admin
g
Transportation Demand Management (TDM)

6.p.2
Application for Annual Compliance
Report Review Fee TDM
Cost + 20% Admin
Charge

6.p.3
Late Submittal Fee - TDM*
807.91
Each

6.p.4
Appeal Fee - TDM +Third Party Cost*
891.29
Each

6.q.1.a
DRC Review of Design Packages + Third
Party Cost -SFR*
753.89
Each

6.q.1.b
DRC Review of Design Packages +Third
Party Cost -Tract*
2,140.73

6.q.l.c
DRC Review of Design Packages + Third
Party Cost -Comm*
3,080.16
6 q,2
Staff Review of Design Packages + Third
Party Cost *
463.84
Each
Additional/Minor Plan Review
New

6.q.3
Professional Design Review of Landscape
Plans+ Third Party Cost
Cost + 20% Admin
Charge

6.r.1.a
Application for SOB Establishment -
Application Processing Fee
578.00
Each
Under Title 5 - Business License & Regulations
Full Cost
Subsidy %
Suggested Fee
Fee LI
$3,039.22
0%
$3,039.00
$1,220
$1,450.03
0%
$1,450.00
$392
$3,031.60
0%
$3,031.00
$785
$69.07
0%
$69.00
$37
$0.21
0%
$0.21
NA
$2,657.54
0%
$2,657.00
$661
$3,356.42
0%
$3,356.00
$1,051
$775.41
0%
$775.00
$146
$396.39
0%
$396.00
$81
NA
NA
$25.00
$0
$2,722.00
0%
$2,722.00
$1,367
$1,452.03
0%
$1,452.00
$508
$2,110.13
0%
$2,110.00
$482
$1,404.11
0%
$1,404.00
$476
NA
NA
Cost+20%Admin
Charge
$0
NA
NA
Cost+20%Admin
Charge
$0
$1,076.01
0%
$1,076.00
$268
$1,195.05
0%
$1,195.00
$304
$1,237.95
0%
$1,237.00
$483
$2,405.28
0%
$2,405.00
$264
$3,465.88
0%
$3,465.00
$385
$649.19
0%
$649.00
$185
$277.50
0%
$277.00
NA
NA
NA
Cost+20%Admin
Charge
$0
$1,198.02
0%
$1,198.00
$620
35

III. Planning Department
Current Fee/Charge
Unit
Notes

6.r.1.b
Application for SOB Establishment -
Annual Permit Fee
578.00
Each
Under Title 5 - Business License & Regulations

6.r.2.a
Application for SOB Employee -
Application Processing Fee
578.00
Each
Under Title 5 - Business License & Regulations

6.r.2.b
Application for SOB Employee - Annual
Permit Fee
589.00
Each
Under Title 5 - Business License & Regulations

6.r.3.a
Application for Placement of Newsracks -
Processing Fee*
712.79
Each

6.r.3.b
Application for Placement of Newsracks -
Annual Permit Fee*

18.79 Each

6.s
Film
Fee*Permits - Application Processing

45.80 Each

6.t.1
Antennas -Residential*
546.04
Each

6.t.2
Antennas - Administrative Review for
Telecommunication Overlay Zone + Third
Party Cost*
974.66
Each

6.t.3
Antennas - Co -located Facilities + Third
Party Cost*
4,976.64
Each

6.t.4
Antennas - Full Conditional use Permit
Review + Third Party Cost*
5,869.10
Each

6.0 Fireworks Permit*

95.12 Each

6.v
Mobile Food Facility Permit*
231.34
Each

6.w
Mobile Food Facility Site Permit*
231.34
Each

6.x
Misc. Third Party Cost
Cost+ 20% Admin
Charge
All applications or pre -application inquiries that, in the City's discretion, require city attorney or other
third -party consultant review and input, require
the applicant to pay the City's Third Party Cost.

This includes, but is not limited to, in addition to
the above, legal, legal review or preparation by the
city attorney and others of documents required by
conditions of approval for land -use applications
and approvals (e.g. CC&Rs, LLMD formation and
agreements, assessment -district formations and
agreements, CFD-formations and agreements,
reciprocal -access or parking agreements, easement
agreements, owner -participation agreements, etc.)
Technology Fee
New
% of Business
License and
Building
Permit/Planning/
PW Applications
Mills Act
New
Total Fee: Full Cost + Categorical Exemption
Cultural -Historic Resource Designation
New
Total Fee: Full Cost + Categorical Exemption
Full Cost
Subsidy %
Suggested Fee
Fee A
$1,198.02
0%
$1,198.00
$620
$1,198.02
0%
$1,198.00
$620
$1,198.02
0%
$1,198.00
$609
$963.80
0%
$963.00
$250
$203.04
0%
$203.00
$184
$168.29
0%
$168.00
$122
$726.01
0%
$726.00
$180
$1,279.01
0%
$1,279.00
$304
$7,460.20
0%
$7,460.00
$2,483
$8,287.73
0%
$8,287.00
$2,418
$344.27
0%
$344.00
$249
$294.87
0%
$294.00
$63
$294.87
0%
$294.00
$63
NA
NA
Cost + 20% Admin
Charge
$0

4.7%
0%

4.7%
NA
$4,253.63
0%
$4,253.00
NA
$3,464.84
0%
$3,464.00
NA
36

III. Planning Department
#
Description
Current Fee/Charge
Unit _
Notes
Lot Sealing Abatement
Actual Cost
Abatement Costs means all costs, fees and
expenses incidental or otherwise, including
attorney's fees, inucrred by the City
Palm Trees Abatement
Actual Cost
Abatement Costs means all costs, fees and
expenses incidental or otherwise, including
attorney's fees, inucrred by the City
Fireworks Inspection Fee
161.62
per Resolution No. 2021-43
*Fees subject to Annual CPI Adjustment
Full Cost
Subsidy %
Suggested Fee
Fee A
NA
NA
Actual Cost
$0
NA
NA
Actual Cost
$0
NA
NA
$161.62
$0
37

IV. Public Works Department
Description
Current Fee/Charge
Unit
Notes
Engineers_,;

1.a
Certificate/Conditional Certificate of Compliance
Time & Material
Deposit shall be based upon 2 -hour minimum Asst. Eng. hourly rate.

1.6 Certificate of Correction
Time & Material
Deposit shall be based upon 2 -hour minimum Asst. Eng. hourly rate.

1.c
Lot Line Adjustment*
1,130.84
flat fee
Includes two lots plus additional per lot
i d.

Certificate of Parcel Merger*
753.89
per application
Plus Third Party Cost

1.e.1
Single Family Precise Grading Plan Review*
944.13
per plan set
Excludes Title Sheet

1.e.2
Single Family Precise Site Plan Review
Time & Material
Deposit shall be based upon 2 -hour minimum Asst. Eng. II hourly rate.

1.f
Single Family Precise Grading Plan Revision Review*
190.24
per revision

1.g
Grading Permit*
123.30

1.h
Fugitive Dust Application and Plan*
123.30

1.i
Comm'I/Tract Improvement Plan Review (Street/Storm
Drain/Grading)*
1,132.02
per sheet
Plan Requirements: 24'X 36', Maximum scale of 1" = 40'
1 .

Comm'l/Tract Improvement Inspection (Street/Storm
Drain/Grading)
3% of ECC

1.k
Comm'I/Tract Improvement Plan Revision Review (Street/Storm Drain/Grading)*
338.20
per sheet
Plus third party cost if required

1.0.1 Final Parcel Map Review
1,560.00
+ $260 per parcel
Plan Requirements: 18" X 24" , or 24" X 36", Max scale of 1" = 40'

1.01 Final Tract Map Review
1,500.00
+ $20.80 per lot
Plan Requirements: 18" X 24" , or 24" X 36", Max scale of 1" = 40'

1.03 Fourth Map Check Submittal
Time & Material
The fee includes 3 plan checks. Beyond the third plan check the City will charge on the basis of time and material deposit based upon 2 -hour minimum Asst. Eng. hourly rate plus third party cost if required.

1.p
Review of record (as -built) plans*
123.30
Per sheet

1.q
Street Name Change*
1,507.79
Plus Third Party Cost

1.r
New Address Assignment*
686.96

1.s
Address Revision*
686.96
Technology Fee
New
% of Business License and
Building
Permit/Planning/PW
Applications
Development
8 Processing and Special Stu
Description
Fee
Unit
Notes

2.a.1
Drainage concept review prior to Tentative Map, Plot Plan, etc. approval - 1-150 Acres
Time & Material
Time and Material Deposit based upon third party costs. 2 a 2
Drainage concept review prior to Tentative Map, Plot Plan, etc. approval - Over 150 Acres
Time & Material
Time and Material Deposit based upon third party costs.

2.b
Traffic study review prior to Tentative Map, Plot Plan, etc Time & Material
Time and Material Deposit based upon third party costs.

2.c
Water Quality Management Plans (WQMP)
Time & Material

2.d
Storm Water Pollution Prevention Plans (SWPPP) Inspection* 355.81
By staff (Building or Public Works Departments)

2.e
Time & Material -(City Actual Costs) which are partly established by agreement with the City Attorney and other Attorney's. The applicant is required to pay to the City and, for this purpose, to deposit with the City a fee as estimated by the City in advance of commencement of work, a fee to cover all fees and costs incurred by the City for City Attorney time and costs (and that of other attorneys and consultants) for document review and/or preparation.

Replenishment of said deposit on demand of the City.

Time & Material
Fee covering reimbursement to City for legal review and/or preparation by City Attorney and others of documents required by conditions of approval for land use applications and approvals (e.9. CC&R's, LLMD formation and agreements,
CD
Assessment District formations and agreements, g ag formation and agreements, Reciprocal Access and/or Parking agreements, Easements agreements, Owner Participation agreements and the like.

Full Cost
Subsidy %
Suggested Fee
Unit
Fee A
NA
NA
Time & Material
$0
NA
NA
Time & Material
$0
$1,701.03
096
$1,701.00
+ $851 per lot
$570
$1,131.03
096
$1,131.00
per application
$377
NA
NA
$944.13
per plan set
$0
$869.91
0%
$869.00
$0
5728.51
0%
5728.00
per revision
5538
$927.72
0%
5927.00
5804
5422.49
0%
5422.00
$299
52,985.65
0%
$2,985.00
per sheet
51,853
396
0%
3% of ECC
50 5547,00
0%
5546.00
per sheet
$208
$4,275.98
0%
54,275.00
+ $260 per parcel
52,715
54,045.98
0%
$4,045.00
+ $20.80 per lot
$2,545
NA
NA
Time & Material
50 5883.15
0%
$883.00
Per sheet
5760
51,509.86
0%
51,509.00
51 51,509.86
0%
51,509.00
5822
51,509.86
0%
51,509.00
$822

4.7%
0%

4.7%
% of Business License
and Building
Permit/Planning/PW
Applications
NA
52,783.82
0%
52,783.00
flat
50 54,067.64
0%
54,067.00
flat
50 NA
NA
Time & Material
$0
53,783.82
0%
53,783.00
flat
$0
$788.23
096
5788.00
5432
NA
NA
Time & Material
50 38

IV. Public Works Department
Description
Current Fee/Charge
Unit
Notes ■
Street
Permit F

3.a
Oversize (Wide) Load Permit -Single Trip

16.00 All Combinations, Single Trip" Fee of $16 set by State of California. "Permit requirements per California Vehicle Code".

3.b
Encroachment Permits (All Work)
285.00
All Encroachment Permit types combined. Amount based upon two (2) hours of inspection at $130 per hour third party cost.

Amount may be increased as determined by the Public Works Director.

Blanket Encroachment Permits
New
per occurance

3.c
Encroachment and Indemnification Agreements*
250.12
Between the City and applicants electing to install non - standard materials within the public right of way (typically paver driveway approaches)
*Fees subject to Annual CPI Adjustment
!ost 5065d5% s5ggestedFee unit Fee
A
NA
NA
$16.00
$0
$798.50
0%
$798.00
$513
$840.82
0%
$840.00
NA
$487.94
0%
$487.00
$237
39

W'WI LLDAN
27368 Via Industria, Suite 200
Temecula, California 92590-4856
800.755.6864 1 Fax: 888.326.6864
951.587.3500 1 Fax: 951.587.3510
www.willdan.com

INDIAN WELLS CITY COUNCIL
July 06, 2023
To: City Council
From: Community Development Department
Prepared by: Luis Rubalcava, Planner
Subject:

Resolution Approving Modification No. 2 of Conditional Use Permit No. 2-97-3 to construct a new 8,050 square foot Big Horn Cafe with a 2,310 square foot outdoor patio space, a 710 square foot storage building, and a recreational splash pad with retractable roof structure to operate as supporting uses within the existing education and conservation center known as The Living Desert Zoo and Gardens (APN:625-300- 052)
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
FINDS the project exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332, In -Fill Development Projects; and ADOPTS Resolution approving Modification No. 2 to Conditional Use Permit No. 2-97-3 for the construction of a new 8,050 Big Horn Cafe with ancillary uses within the Living Desert Zoo and Gardens.

DISCUSSION:

The Living Desert Zoo and Gardens ("Applicant") has submitted plans to construct new cafe and splash pad amenities within the existing 77 -acre park to enhance the services provided to their patrons. The existing park extends across two separate municipal jurisdictions. The City of Palm Desert maintains jurisdictional authority over an estimated 32 -acre zoological territory located in the western section, while the eastern area, roughly 45 acres, falls under the jurisdiction of the City of Indian Wells (Attachment 2).

The site is located at 47900 Portola Avenue within the Open Space land use designation zoned Watercourse.

The site's development within the City's jurisdiction was aided through approval of a series of Conditional Use Permits ("CUP") since its inception in 1970 as follows:

• CUP 2-90-6: Approved the construction of 30,000 square feet of animal exhibits and enclosures, and small accessory structures.
• CUP 2-97-1: Approved the construction of the African Trading Village • CUP 2-97-3: Approving the construction of a 15,000 square foot Veterinary and Research Center.
• CUP 2-97-3 Modification 1: Approving the construction of the Discovery Center interactive exhibit.

The enhancements are designed to be entirely integrated within the existing Living Desert Zoo and Gardens campus. The aim is to expand the park's offerings with more dining and recreational services for its patrons. Given that these services are intended for the current zoo visitors, the project is not expected to cause substantial traffic or parking impacts.

Pursuant to Municipal Code Section 21.06.040(f)(2), modifications or expansions to an existing non-residential CUP which are determined to be major shall be heard before the Planning Commission who shall recommend approval, approval with conditions or denial of the CUP. The recommendation of the Planning Commission shall be forwarded to the City Council who shall hold at least one public hearing to approve, approve with conditions, or deny the major CUP modification by resolution.

On June 29, 2023, a public hearing on Modification No. 2 to CUP No. 2-97-3 for the Living Desert Cafe and ancillary uses was held by the Planning Commission who recommended approval to the City Council by a vote of 3 to 0, with 2 excused absences.

ANALYSIS:

The Applicant is requesting approval of a second modification to CUP 2-97-3 to construct and operate a new 8,050 square foot ("sf") Big Horn cafe with a 2,310sf outdoor patio space, a 710sf storage building, and a recreational splash pad with retractable roof structure ("Project") to modernize and improve the amenities for patrons of the Living Desert Zoo and Gardens (Attachment 3). The Project is designed to function as ancillary features to the existing primary education and conservation park use. The additional amenities are strategically situated at the core of the zoo, which will remain screened from the public right-of-way, and architecturally designed in the Desert Contemporary style that is compatible with the dominant theme of the park. Circulation enhancements include a fire access lane that's a minimum 16 -foot -wide and additional hydrants to ensure public safety (Attachment 4).

The subject site is within the Open Space land use designation and zoned Watercourse encompassing approximately 3.5 acres of space within the 77 -acre zoo (Attachment 5).

The Applicant is conditionally permitted to operate an education and conservation center within the Watercourse zone by right through its existing conditional use permit. Property

development within the zone must be in keeping with the natural condition of the property, and submission of the CUP modification application for discretionary review is required. The following subsections will analyze each element of the Project and its conformance with established City regulations.

Big Horn Cafe and Storage Structure
The 8,050sf Big Horn Cafe is sited interior to the zoo and adjacent to a new pedestrian plaza with enhanced walkways that will improve pedestrian circulation for the new establishment. The site lighting design will be consistent with the existing illumination maintained at the zoo which keeps light pollution to a minimum. The cafe consists of interior dining space for 150 guests, restrooms, a mother's room, a commercial kitchen, and a snack bar (Attachment 6). The 2,310sf outdoor patio immediately east of the cafe provides an additional 150 seats and is sited directly adjacent to the Bighorn animal exhibit that will provide guests with a unique, intimate dining experience with the animals.

The single -story Big Horn Cafe has been designed in a Desert Contemporary style that offers architectural interest with varying roof heights, upgraded finish materials, and desert color tones. The selected design is compatible with the overall natural desert theme the park is known for, and the color scheme will blend into the natural surroundings. The cafe's peak height is 35 -feet from the finished floor, and all roof mounted mechanical equipment is screened from view (Attachment 7). The building's dramatic sloped roof, and use of floor to ceiling glazing promotes unobstructed views into the adjacent big horn sheep habitat from the interior dining area.

The 710sf supporting storage building is located behind the cafe and has a max height of 12' from finish floor with a typical flat roof system. Loading and refuse areas are also located behind the cafe and behind block walls of varying height sufficient to screen from public view (Attachment 8). A separate gated service entry off Portola Avenue will provide access to the loading and services areas via a back of house path for delivery and trash collection that is restricted to zoo staff. Waste will be temporarily placed in the cafe service area, screened from view, and taken to the central trash bin area via the restricted path.

Splash Pad with Retractable Roof Structure
The 2,510sf recreational splash pad is sited northwest of the proposed cafe adjacent to the pedestrian plaza. The amenity will be installed with a closed -loop system that promotes water conservation and will operate with no standing water. The splash pad amenity will consist of three individual family restrooms, equipment enclosures, and a shade structure with retractable awning feature (Attachment 9). The shade structure's peak height is 18 -feet from finish floor, and finish materials will match those of the proposed cafe (Attachment 10)

Traffic and Parking Analysis
A brief technical memorandum was provided that estimates the anticipated traffic impacts and confirms that the on -site parking accommodates the increased demand produced by the site's additional amenities. The project's amenities are intended for current park visitors, and the additional traffic expected to be generated will come from the cafe employees only. The analysis suggests an additional 8-10 cafe employees will account for 16-20 daily trips on surrounding roadway networks. This minimal traffic increment doesn't necessitate further analysis and is exempt from Vehicle Miles Traveled (VMT) study.

The Applicant plans to boost the total parking capacity of the site from 709 to 937 spaces in the future within the Palm Desert jurisdiction. Peak parking demand was determined to be 642 during one of the busiest days of the year, which was adequately served by the 709 spaces existing onsite. The study concluded that, with the additional parking supply, the parking needs will be met, and exceeded (Attachment 11).

Landscape
The site showcases a desertscape design with drought -tolerant plants and decorative ground covers, promoting water conservation and aesthetic appeal. The planting palette is consistent with the existing landscaping found within the zoo, provides patrons with natural shaded areas, and fits the overall theme of a natural desert landscape within the zoo. The landscaping installation is consistent with the City's water efficient landscaping initiatives (Attachment 12).

Finally, the Project satisfies the findings necessary for major modifications to a CUP pursuant to Municipal Code Section 21.06.040(d), as detailed in the corresponding Resolution (Attachment 1).

FISCAL IMPACT:

The Living Desert Zoo and Garden management estimates the cafe will generate $57,284,000 over the next ten years from food and beverage sales and evening rentals, of which the City will collect 1% from sales tax. The project is expected to have a positive fiscal impact on the City, with a net gain of $572,840 over the next 10 years. Additionally, there is potential for positive incidental economic impact stemming from increased tourism and marketing opportunities at the Living Desert.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This project 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 City acting as Lead Agency, has determined modification to this specific conditional use permit qualifies as being

categorically exempt from CEQA pursuant to Section 15332, In -Fill Development Projects, which allow for proposed development within City limits on a project site of no more than five acres substantially surrounded by urban uses, and will not result in any significant effects relating to traffic, noise, air quality, or water quality.

ATTACHMENTS:

1. Resolution

2. Vicinity Map

3. Site Plan

4. Fire Access Plan

5. Site Zoning Map

6. Cafe Floor Plan

7. Cafe Elevations, Roof Plan, and Material Board

8. Loading Dock Plan

9. Splash Pad Floor Plan

10. Splash Pad Elevations, Roof Plan, and Material Board

11. Parking Memo

12. Landscape Plans

ATTACHMENT #1
RESOLUTI ON NO. 2023-

A RESOLUTI ON OF THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS, CALI FORNI A, APPROVI NG MODI Fl CATI ON NO. 2 TO CONDI TI ONAL USE PERMI T NO. 97-3 TO CONSTRUCTA NEW 8,050 SQUARE CAFE WI TH 2,310 SQUARE FOOT PATI 0, A 710 SQUARE

FOOT STORAGE BUI LDI NG, AND A RECREATI ONAL SPLASH PAD

WITH RETRACTABLE ROOF STRUCTURE WITHIN THE LIVING
DESERT ZOO AND GARDENS LOCATED AT 47900 PORTOLA AVENUE
(APN:625-300-052)
WHEREAS, The Living Desert Zoo and Gardens (the "Applicant"), has filed applications with the City of Indian Wells (the "City") for approval of a Modification No. 2 of Conditional Use Permit ("CUP") No. 97-3 to construct and operate a new Big Horn Cafe, storage building, and splash pad amenity with retractable roof structure (the "Project"); and WHEREAS, notice of a public hearing of the Planning Commission of the City to consider the Applicant's request was given in accordance with applicable law; and WHEREAS, on June 29, 2023, a duly noticed public hearing on the Project was held by the Planning Commission and recommended approval to City Council; and WHEREAS, pursuant to the Indian Wells Municipal Code Section 21.06.040(d), findings shall be made for consideration by the City Council for any application for a conditional use permit, or for modification to an existing conditional use permit, to ensure conformance with the City's Zoning Code, the public health, safety, or welfare, and General Plan; and WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider Modification No. 2 of CUP 97-3 was given in accordance with applicable law; and WHEREAS, on July 06, 2023, a duly noticed public hearing on the Project was held by the City Council at which the Council considered the potential effects of the Project on public and private facilities, and accepted oral and written testimony from interested persons; and WHEREAS, the City Council carefully considered all information pertaining to the Project, including the staff report, project plans and specifications, and all the information, evidence, and testimony presented at its public hearing; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

SECTI ON 1. The City Council hereby makes the following findings:

Conditional Use Permit Findings:

1. Finding: The proposed location of the modified conditional use is in accord with the objectives of the Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located.

Fact: The proposed project is in accord with the existing General Plan and Zoning land use category as the site remains designated for education and conservation facilities, and open

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Resolution No. 2023 -

space that has served the residents' need since the issuance of the original permit. The subject property is located within the Watercourse Zoning and Planning Area 11, subarea

11.2. The project remains in accord with the existing General Plan Open Space and Recreation Plan (Policy IIIA-1.1) by preserving the watercourse open space resources. The Project does not deviate from the original approval and is considered an expansion of the approved restaurant and entertainment uses at the Living Desert Zoo and Gardens.

2. Finding: The proposed conditional use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.

Fact : The modification of CUP 97-3 will not result in any detrimental consequences to the public health, safety, or welfare nor be materially injurious to properties or improvements in the vicinity as the proposed Project will be strategically situated within the interior of the zoo which will remain screened from the public right-of-way. The proposed Project will only serve to enhance the visitor experience at the zoo, and parking demands will be met, and exceeded with existing and future on -site parking developments.

The Project shall be required to adhere to Conditions of Approval attached hereto as Exhibit"A" including all applicable sections of the California Building Code, California Fire Code and Municipal Code thus avoiding adverse impacts resulting from the development's use. In addition, enhancements to circulation provided by the Project includes a minimum 16 -foot -wide fire access lane and additional hydrants for protection of structures, animal exhibits and public safety.

3. Finding: The proposed conditional use will comply with each of the applicable provisions of the Zoning Code except for approved Variances.

Fact: Development within the Watercourse zone is governed by Section 21.46.030 and may be authorized pursuant to a CUP, or modification of, if deemed that the use remains compatible with preserving the condition of the watercourse property. The proposed modification of the Conditional Use Permit has been conditioned to comply with each of the applicable provisions of the City's Municipal Zoning Code and to preserve the condition of the watercourse property. The proposed Project provides additional services to the existing zoo site while allowing the site to operate as originally approved and remain in conformance with the provisions of the Zoning Code.

Environmental Findings:

Modification No. 2 to Conditional Use Permit No. 97-3, 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 proposed modification is not expected to create new significant impacts or substantially increase the severity of previously assessed impacts. Furthermore, the expanded use to existing facilities qualifies as being Categorically Exempt from CEQA pursuant to Section 15332, In -Fill Development Projects, of the CEQA Guidelines.

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NOW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF I NDI AN WELLS RESOLVES AS FOLLOWS:

Section 2. The City Council ADOPTS Resolution approving Modification No. 2 of Conditional Use Permit No. 97-3 to allow for the improvements to the Living Desert Zoo and Gardens (Cafe, Storage Building, Splash Pad), subject to the conditions listed on Exhibit "A" attached hereto and by this reference incorporated herein.

Section 3. This Resolution shall take effect upon adoption.

Section 4. 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 Applicant class, prepaid, United States mail, a certified copy of this Resolution to the Applicant.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 6th day of July 2023.

DONNA GRI FFI TH
MAYOR
CERTI Fl CATI ON FOR RESOLUTI ON NO. 2023-
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTI FY 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 6th day of July 2023, by the following vote:

AYES:

NOES:

EXCUSED:

ATTEST: APPROVED AS TO FORM:

ANGELI CA AVI LA TODD LEI SHMAN

CI TY CLERK CI TY ATTORNEY

City of Indian Wells
Resolution No. 2023 -

EXHIBIT"A"
Modification No.

Living Desert Zoo
Conditions of Approval for
2 of Conditional Use Permit (CUP) No. 97-3
Resolution
and Gardens (Cafe, Storage, and Splash Pad)
July 06, 2023
GENERAL:

1. The Applicant shall defend, indemnify, and hold harmless the City of Indian Wells and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Indian Wells, its officers, employees, or agents to attack (including any judicial proceedings or an referendum), set aside, void, or annul any approval or condition of approval of the City of Indian Wells concerning this project, including but not limited to, any alleged act or failure to act related to the California Environmental Quality Act ("CEQA"), any approval or condition of approval by the Planning Commission or City Council. The City shall promptly notify the Applicant of any such claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. Applicant shall defend, with counsel mutually chosen by City and Applicant Applicant's own cost, expense, and risk, all such aforesaid suits, actions or other proceedings of every kind that may be brought or instituted against City, its officials, officers, employees and agents. The applicant shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, or agents in any such suits, actions, or other proceedings. Applicant shall also reimburse City for the cost of any settlement paid by City arising out of any such claims, demands, causes of action, costs, expenses, liabilities, losses, damages, injuries, suits, actions, or other proceedings. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. The applicant shall reimburse City, its officials, officers, employees, and agents for all legal expenses and costs, including expert witness fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The applicant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, or agents. In all cases, the City reserves the right, at its own option and cost, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter.

2. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.

3. This approval of modification No.2 to CUP No. 97-3 shall be used within one (1) year after final approval or it shall become null and void unless the time limit is extended by the City Council per Municipal Code Section 21.06.040(e). The phrase "be used" above shall mean the application and approval of required City approvals for the Living Desert Zoo and Gardens proposed project amenities.

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4. All applicable Conditions of Approval adopted by the City Council for Conditional Use Permit Nos. 2-90-06, 2-97-1, and 2-97-3 relating to The Living Desert Zoo and Gardens either through Resolution or Meeting Minutes shall remain in full force and effect, except as modified herein.

5. Unless modified by Variance, all Watercourse (WC) Zoning development standards shall be in effect.

6. All signage must be in compliance with Indian Wells Municipal Code Title 17 and all other applicable Code sections. Proposed deviations from the Title 17 of the Indian Wells Municipal Code shall be submitted for consideration as an application in compliance with Indian Wells Municipal Code Section 21.06.050.

7. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building Division plan check review.

8. Within fifteen (15) days of final approval by the City Council, the Applicant shall submit in writing a statement indicating that the Applicant has read and agrees to the conditions imposed herein. Approvals of land use and related applications hereunder shall become void, and any privilege, permit, or other authorization granted shall be deemed to have terminated, if compliance with this condition has not been completed within the specified time limits.

9. The applicant must obtain written verification from the City Community Development Director, Building Official, City Engineer and Fire Marshal, or designees, of compliance with all Conditions of Approval and Code requirements, prior to commencement of operations of the Living Desert Zoo and Gardens Cafe and Splash Pad amenities as approved by this modification No. 2 to CUP No. 97-3.

10. The Project shall be developed in accordance with the approved plans, and failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the City Council. However, the Community Development Director or designee shall have the authority to approve minor deviations in the conditions of approval, and all plans including the construction drawings, if deemed necessary by both the Applicant and the City to implement the Project as approved.

11. The Applicant shall pay all applicable development impact fees at the established rates.

Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, TUMF fee, local CVMSHP development impact fee, building permit and plan check fees.

12. Approval of this request shall not waive compliance with all applicable sections of the Indian Wells Municipal Code, all other applicable City ordinances, and applicable specific plans.

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13. Construction shall occur between the hours of 7:00 am and 5:00 pm, Monday through Friday, 8:00 am and 5:00 pm, Saturday and no construction on Sunday or national holidays per Municipal Code Section 9.06.047. The Community Development Director may grant a temporary waiver from these hours in limited circumstances where a special need is demonstrated.

14. Prior to issuance of a building permit for construction, the applicant shall provide a letter to the City from the Coachella Valley Water District (CVWD) granting their permission to construct the project as proposed.

Fl NANCE:

15. Retailers engaged in business in Indian Wells shall maintain a City of Indian Wells Business License.

16. The Sales Tax is an excise tax imposed on retailers for the privilege of selling tangible personal property. The Use Tax is an excise tax imposed on a person for the storage, use, or other consumption of tangible personal property purchased from any retailer. The proceeds of sales and use taxes imposed within the boundaries of Indian Wells are distributed by the State to various agencies, with the City of Indian Wells receiving one percent. Taxable sales generated within the City Boundaries shall be reported to the California Department of Tax and Fee Administration (CDTFA) as taxable sales occurring within the City of Indian Wells. Retailers shall take care to ensure that sales tax generated in the City of Indian Wells is reported to the CDTFA as such.

17. Sales and Use Tax Collections for Construction Projects. The City requires a Point of Destination (POD) sales tax collection in California for large construction projects greater than $5,000,000. This specific rule determines the allocation of sales tax based on where the property is ultimately used or delivered. Under this rule, the sales tax is calculated based on where the property is ultimately used or delivered rather than where the sale occurs. The applicant shall obtain information from the City of Indian Wells' Finance Department to determine if the project is subject to this rule.

CONDI TI ONALLY PERMI TTED USES:

18. The following uses shall be conditionally permitted uses as allowed by Modification No. 2 of CUP No. 97-3:
a. Education and Conservation Center
PARKI NG:

19. All 709 existing on -site parking spaces provided at the Living Desert Zoo and Garden facilities shall remain, with the addition of 228 spaces provided in the future as detailed in the accompanying project parking memorandum. On -site parking shall continue to meet parking demand generated by the additional amenities.

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SI TE I MPROVEMENTS/ ARCHI TECTURE:

20. The Development shall conform to all the applicable development standards identified in Section 21.46.030 of the Indian Wells Zoning Code as appropriate and shall otherwise conform to the standards of the underlying zoning district when not specifically addressed in this Section.

21. A precise wall plan indicating the design, location and construction details of all new walls and fences shall be submitted to the Community Development Director for review and approval by the Planning and Building Departments. All perimeter and street -facing walls, including retaining walls, shall be decorative in nature and in substantial conformance to the approved conceptual landscape plans attached to the Project Staff Report.

22. Any roof mounted equipment including but not limited to heating, venting, cooling and radio/antenna shall be fully concealed from grade elevation view by architecturally integrated means subject to review and approval by the Community Development Director, or designee.

LAN DSCAPI NG:

23. The irrigation system shall include provisions for design features that conserve water, such as controlled irrigation systems, which employ drip irrigation, soil moisture sensors, and automatic systems that minimize runoff and evaporation, supplemental hand watering, and the use of mulch on top of soil to improve water -holding capacity as approved by the Community Development Director.

24. Detailed landscaping and irrigation plans shall be submitted for approval by the Community Development Director and the Coachella Valley Water District. The plans shall be certified by a landscape architect and shall provide permanent, automatic irrigation systems, which shall be installed on all landscaped areas requiring irrigation and be in full compliance with the adopted Landscape Guidelines and Design Specifications. Final landscape, hardscape and lighting plans shall be subject to approval by the Community Development Director and Public Works Director or designees prior to installation of those improvements.

25. Above ground -mounted utility locations shall require approval by the Community Development Director. All detector check and backflow assemblies shall be located in planting areas.

26. The detector check/backflow devices shall be painted a neutral/earth tone color and any pipes extending above ground shall be finished and painted to match the device.

27. All ground -mounted utility appurtenances shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming and/or landscaping to the satisfaction of the Community Development Director.

28. All plant materials within landscaped areas, including areas within the Public Right -of -Way shall be maintained in a viable growth condition throughout the life of this project.

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29. All landscaping and irrigation shall be installed in accordance with plans on file with the Community Development Department, and irrigation systems fully operational.

Furthermore, all landscaped areas shall be free of trash and debris.

LI GHTI NG:

30. Prior to the issuance of building permits, the Applicant shall submit to the Community Development Director for approval, a detailed on -site lighting plan indicating the style, illumination, height, and method of shielding for all permanent light fixtures proposed for the Project. The plan shall include a photometric diagram depicting illumination levels.

31. Project lighting shall, in general, be as subdued as possible, avoiding excessive light spillage outside the property boundary. Outdoor lighting shall be shielded sufficiently to not adversely impact surrounding uses but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, or oscillate.

32. Landscape lighting shall be indirect; non -glare lights, positioned to light tree canopies, paths and walkways, or walls, as appropriate, and avoid light spillage outside of the Project area. Up -lights in turf areas shall be in light wells only. Up lights in planters must have j - boxes below grade (or screened as approved by the Community Development Department), light fixtures must be screened with landscaping, etc.

33. All exterior lighting fixtures shall be installed in accordance with plans on file with the Community Development Department and shall be fully operational prior to occupancy.

34. All building -mounted light fixtures within common areas shall be decorative in nature and architecturally compatible with the building. Building -mounted light fixtures shall be reviewed and approved by the Community Development Director, or designee prior to installation.

PUBLI C WORKS/ ENGI NEERI NG:

35. All private streets and driveways shall be constructed in accordance with City of Indian Wells Standard Plans unless otherwise approved by the Public Works Director. All proposed street and driveway improvements shall be shown on a Precise Grading Plan and shall be reviewed and approved by the Public Works Director prior to issuance of a Precise Grading Permit. A Precise Grading Permit shall be obtained prior to commencement of any improvement work. All work shall be inspected by the City. All appropriate fees for review of plans, issuance of a Precise Grading Permit, and inspection shall be submitted to the City. A Record (as -built) Precise Grading Plan shall be submitted to the City for review and approval prior to final acceptance of improvements.

36. Prior to issuance of a Precise Grading Permit, the Applicant shall submit and obtain approval of all of the following:

A. Precise Grading Plan that shall be prepared by a qualified Engineer and shall conform to the recommendations contained in a Preliminary Geotechnical Report(s).

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B. Fugitive Dust Control Application and Plan.

C. Refundable dust deposit in the amount of $2,000 per acre.

37. Prior to construction on the site, a six foot (6') temporary chain -link fence shall be erected on any portion of the property that is exposed to public access and connected to any block walls surrounding the property. This will deter theft of and vandalism to construction materials and equipment on the property during construction. All construction fencing shall have a screen mesh so as to conceal construction activity from public view.

38. Landscaping plans for trees, shrubs, walls, fences or other structures at or near intersections must conform to Indian Wells Municipal Code sight distance standards and Public Works public street standards for areas accessing public rights -of -way. Plans for improvements that may impact sight distance must be submitted to and approved by the City Engineer prior to the issuance of building permits or implementation of landscape improvements.

39. In accordance with the requirements of the Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (MS4 Permit) No.

CAS617002 (Order No. R7-2008-0001) adopted on May 25, 2008 by the State Regional Water Quality Control Board, a final, project -specific Water Quality Management Plan (WQMP) shall be submitted by the Applicant to the City for review and approval prior to issuance of any building or grading permits. The WQMP shall substantially conform to the requirements of the latest edition of the "Whitewater River Region Water Quality Management Plan for Urban Runoff". The property owner shall record a "Water Quality Management Plan and Stormwater BMP Maintenance and Right of Entry Agreement" with the County -Clerk Recorder to enforce said WQMP and BMP's and to inform future property owners of the requirement to implement the approved project -specific WQMP.

40. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include:
• Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed, and installed in conformance with approved plans and specifications. • Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP.
• Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs.
• Demonstrate that copies of the project's approved WQMP (with recorded O&M Plan attached) are available for each of the initial occupants (commercial/industrial) or Owner's Association as appropriate.

41. Prior to grading permit issuance, the Applicant shall file for a National Pollutant Discharge Elimination System (NPDES) permit with the California State Water Resources Control Board and abide by the conditions of the permit as issued. A copy of the NOI, Storm Water

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Pollution Prevention Plan (SWPPP), and Monitoring Plan shall be submitted to the Public Works Department a minimum of thirty (30) days prior to commencing grading operations.

44. All existing public improvements intended to be protected in place, including but not limited to curb, sidewalk, and traffic signal appurtenances, shall be shown and labeled on the improvement plans as "protect in place". Any said existing improvements damaged or destroyed as a result of this Project shall be repaired or replaced as directed by the City's representative.

45. All existing regulatory, warning, and guide signs disturbed by this Project shall be replaced with new signs as directed by the City's representative.

46. The project shall comply with all of State of California's Recycling laws, including initiatives covered by Senate Bill 1383, incoprating Organic Waste Disposal and Food Recovery. The project will be inspected annually for compliance with Tier 2 objectives.

Fl RE DEPARTMENT:

47. Fire Protection Water Supplies/Fire Flow: Prior to the issuance of the building permit, the applicant shall provide documentation to show there exists a water system capable of delivering 1,250 GPM at 20 psi for 2 -hour duration. Specific design features may increase or decrease the required fire flow. Reference CFC 507.3

48. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4" x 2 1/2" x 2 1/2" (super hydrant).

Reference CFC 507.5, CFC Appendix C and NFPA 24 7.2.3

49. Fire Department Access Driveways: The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. The minimum required width of the fire lane shall be 16 feet and the minimum unobstructed vertical clearance shall be 13 feet, 6 inches. Dead-end fire apparatus access roads exceeding 150 feet in length shall be provided with an approved turn around.

50. Fire Department Access Walkway: Openings in the gate or passageway providing exterior access to the outdoor patio shall have a minimum width of 3 feet and a minimum vertical clearance of 80 inches.

51. Fire Department Building Construction Permit Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews these plans. These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal.

52. Fire Sprinkler System - All new commercial buildings and structures 3,000 square feet