Agenda, first session — Indian Wells City Council, November 2, 2023

CITY COUNCIL
Meeting Agenda

Thursday, November 2, 2023
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210

Welcome to a meeting of the Indian Wells City Council.

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

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

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

Pages
A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF

ALLEGIANCE AND ROLL CALL

MAYOR DONNA GRIFFITH

MAYOR PRO TEM GREG SANDERS

COUNCIL MEMBER TY PEABODY

COUNCIL MEMBER BRUCE WHITMAN

COUNCIL MEMBER DANA REED
B. APPROVAL OF THE FINAL AGENDA
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Indian Wells Mini Muster Recognition and Presentation C.2 Riverside County Fire Update by Battalion Chief Matthew Kotz C.3 Riverside County Sheriff Update by Lieutenant David Wright 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
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.

City Council Meeting Agenda- November 2, 2023

Page 2 of 73 ends

G.1 Resolution Amending the Community Assistance Funding Policy 7 RECOMMENDED ACTION:

Council ADOPTS Resolution amending the Community Assistance Funding Policy; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.2 Receive and File Planning Commission’s Resolution Recommending Approval of Variance No. 2023-0003 for 77748 Cottonwood Cove and Finding the Project Exempt from CEQA
16 RECOMMENDED ACTION:

Council RECEIVES and FILES Resolution No. PC 2023-08, thereby concurring with the Planning Commission Recommendation to approve Variance No. 2023-03 to allow encroachment into the front yard setback for a new 128 square foot golf cart garage addition to an existing residence located at 77748 Cottonwood Cove (APN: 623- 390-024); and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(e), New Construction or Conversion of Small Structures.

G.3 Grants-in-Aid Committee Recommendations for FY 2023-24 Grants- in-Aid Program Funding
31 RECOMMENDED ACTION:

Council APPROVES Grants-in-Aid Committee funding
recommendations totaling $159,954 for the organizations listed in this staff report for Fiscal Year 2023-24; and
AUTHORIZES and DIRECTS the City Manager to execute contracts for same.

City Council Meeting Agenda- November 2, 2023

Page 3 of 73 ends

G.4 Resolution Supporting the Establishment of the Proposed Chuckwalla National Monument and Expansion of Joshua Tree National Park via an Adjacent National Monument
36 RECOMMENDED ACTION:

Council ADOPTS Resolution supporting the establishment of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park via an adjacent National Monument; and AUTHORIZES and DIRECTS Staff to send a copy of said Resolution to United States President Joe Biden, Representative Dr. Raul Ruiz, Representative Ken Calvert, Senator Laphonza Butler, and Senator Alex Padilla.

H. PUBLIC HEARINGS
No public hearing items.

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 Epson Tour Championship Host City Sponsorship Opportunity 46 RECOMMENDED ACTION:

Council APPROVES the Finance Committee’s recommendation to sponsor the 2024 Epson Tour Championship Host City Sponsorship at the Indian Wells Golf Resort at the $100,000 level, with an additional appropriation from the Golf Fund of $37,800 to pay for the sponsorship.

I.2 Discussion Relating to Council Policy Manual Addressing Council’s Non-Participation in Administration of the City
65 RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION relating to Council Policy.

City Council Meeting Agenda- November 2, 2023

Page 4 of 73 ends

J. COUNCIL MEMBERS' REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

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

Page 5 of 73 ends

J.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
K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on December 7, 2023 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on October 27, 2023 I caused to be posted a notice of a City Council Meeting to be held on November 2, 2023 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [www.cityofindianwells.org]
________________________
Angelica Avila, MMC
City Clerk
City Council Meeting Agenda- November 2, 2023

Page 6 of 73 ends

INDIAN WELLS CITY COUNCIL
November 2, 2023
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Resolution Amending the Community Assistance Funding Policy
RECOMMENDED ACTION:

Council ADOPTS Resolution amending the Community Assistance Funding Policy; and FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

BACKGROUND:

During the October 19, 2023, City Council Meeting, the Council recommended delegating the review and amendment of the Community Assistance Funding Policy to the Finance Committee to implement “Budget Carry Forwards.” Budget Carry Forwards is the governmental process that allows the City to roll forward any unexpended community assistance program from the current fiscal year to the next fiscal year.

By way of additional background, Community Assistance Funding is divided into two separate funds. The Grants- in-Aid program shall receive 80% of the available funding up to $160,000. The second fund shall operate at the sole discretion of the City Council and will receive the remaining 20% of the funding up to $40,000.

FISCAL IMPACT:

Finance Committee Recommendations: The Finance Committee met on October 26, 2023, to consider the proposed changes to the Community Assistance Funding policy and recommends that the Council adopt Resolution as presented.

Under the proposed Council change, the Finance Director shall roll forward any unexpended community assistance funds from either pool before the close of each fiscal year. For the avoidance of doubt, any unexpended community assistance funds shall “roll forward” into the following year’s budget, shall be available for spending, and shall be separate from the annual calculation establishing the annual Community Assistance Funding Program.

Page 7 of 73 ends

The Finance Director has reviewed the proposed methodology and the procedures by which the “roll forward” would annually occur , with senior management administering the Grants-in-Aid program, and has received implementation approval.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed per the authority and criteria co ntained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the ordinance is not subject to CEQA pursuant to Sections 15060 (c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Resolution

2. Redline changes

Page 8 of 73 ends

RESOLUTION NO. 2023-
A

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

CALIFORNIA, ADOPTING A COMMUNITY ASSISTANCE FUNDING POLICY

AND RESCINDING PRIOR DISCRETIONARY FUNDING POLICIES

WHEREAS, the City Council of the City of Indian Wells recognizes the importance of a prudent long -term financial plan , as well as the value in providing financial assistance to organizations whose work benefits the City and the Coachella Valley; and W
HEREAS, the City desires and intends to adopt a funding plan for community assistance expenditures consistent with a prudent long-term financial plan; and W
HEREAS, the City desires and intends to amend the funding plan to make provisions for pledging monies.

OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council hereby RESCINDS prior resolutions amending or approving the Community Assistance Policy, including Resolution No. 2022-40.

SECTION 2. The City Council hereby ADOPTS that specific Community Assistance Funding Policy set forth in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 3. This Resolution shall take effect upon adoption.

P
ASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 2nd day of November 2023. _______
__________________________
DONNA J.H. GRIFFITH
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2023-___
I,
Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at an adjourned regular meeting of the City Council of the City of Indian Wells on this 2nd day of November 2023, by the following vote:

A
YES:

NOES:

A
TTEST: APPROVED AS TO FORM:
_______
______________________ _________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
ATTACHMENT #1

Page 9 of 73 ends

City of Indian Wells
Resolution No. 2023-___

Page 2 ends

EXHIBIT “A”

CITY OF INDIAN WELLS

COMMUNITY ASSISTANCE FUNDING POLICY

1. PURPOSE OF THIS POLICY

The Policy's purpose is to establish annual procedures and approvals associated with funding community assistance expenditures during the development of the City budget. In addition, the Policy sets defined processes to ensure the City's financial goals are maintained and opportunities for public input are available.

The City Council define s community assistance funding as optional expenditures that the City Council can disburse annually to financial aid-worthy non-profit organizations within the Coachella Valley that provide services that the City may not otherwise offer.

Budgetary approval is required for all community assistance funding. The City Council will publicly discuss community assistance funding at budgetary study sessions and council meetings during the review and adoption of the City budget. Public input is essential during these meetings.

2. COMMUNITY ASSISTANCE FUNDING

Community Assistance Funding for each new budget year shall be established as follows:

A. For each new budget year, the amount of the community assistance funding budget shall be established by calculating twenty-five percent (25%) of the prior year’s General Fund’s Net Change in Fund Balance (after all capital contributions) using year-end estimates established during the last quarter of each fiscal year.

B. Maximum funding shall not exceed $200,000 during each budget year.

C. Annual funding shall be split into two separate pools. The Grants-in-Aid program shall receive 80% of the available funding. The second pool shall operate at the sole discretion of the City Council and will receive the remaining 20% of the available funding.

D. The City has qualified its ability to meet its financial obligations under the current General Fund cash flow plan as approved and amended by the Finance Committee and consistent with the adoption of the City’s Annual Budget.

E. If funds are insufficient, the amount of community assistance funding shall be reduced or eliminated until all criteria have been met.

F. Budget Roll Forwards: Prior to the close of each fiscal year, the Finance Director shall roll forward any unexpended community assistance funds from either pool. For the avoidance of doubt, any unexpended community assistance funds shall “roll forward” into the next year’s budget, shall be available for spending, and shall be separate from the annual calculation establishing the annual Community Assistance Funding Program.

Page 10 of 73 ends

City of Indian Wells
Resolution No. 2023-___

Page 3 ends

3. EXTRAORDINARY FUNDING REQUESTS IN EXCESS OF $200,000

Extraordinary funding requests received by the City of more than $ 200,000 shall be considered separately from the policy requirements set forth above and shall be subject to the following criteria prior to City Council approval:

A. City staff shall request and require documentation in keeping with Community Assistance Grant Program Requirements. The Extraordinary Grants Committee will review the funding proposal as required for all Community Assistance Grants. The Committee shall make a written recommendation to the City Council of their findings.

B. A staff report summarizing the Committee’s recommendations shall be placed on the City Council agenda for consideration.

C. The Applicant shall have the opportunity to present to the Council when the item is scheduled for Council consideration.

D. If the City Council approves by a majority vote to move the item forward, a Community Involvement component will be required. The Applicant will oversee and direct the Community Involvement component at the A pplicant’s own expense. This component shall include a program to inform the public about the long-range financial impact, share the funding proposal, and obtain feedback from the community. This will be accomplished through press releases, distributing informational materials pertinent to the proposal, public hearings, meetings, and surveys. The following steps must be taken and reviewed before a final decision by the City Council regarding the potential funding of a proposal exceeding $200,000:

i. The City will hold a minimum of one Public Hearing and Town Hall meeting to discuss the said proposal with the Applicant present.

ii. A minimum of one written communication shall be sent via U.S. Postal Service to all Indian Wells residents to include summary information on the funding request, the budgetary impact to the City is funded, and the date, time, and location of Public Hearing and Town Hall meeting to accept community input on proposed funding. Each mailing shall be at the expense of the Applicant.

iii. The Applicant shall cause to be submit ted to the media no less than one press release announcing the date, time, and location of the public hearing or meeting held to discuss and take testimony regarding the funding proposal.

iv. A Community-wide mail survey or cloud-based online civic engagement platform/poll shall be used to provide an additional vehicle to inform and provide community feedback as it relates to the funding proposal. Each poll shall be at the expense of the Applicant . A subsequent report on the poll results shall be provided to the City Council.

Page 11 of 73 ends

City of Indian Wells
Resolution No. 2023-___

Page 4 ends

v. The City Council shall be responsible for ensuring that legal and financial advice has been obtained and must consider whether the scope of the proposed funding request warrants further legal or financial advice from an independent source.

At such a time that all of the above community input methods have been completed, and considering the information obtained, the City Council shall determine the award of any such funding during a regularly scheduled City Council meeting.

Page 12 of 73 ends

CITY OF INDIAN WELLS

COMMUNITY ASSISTANCE FUNDING POLICY
1 . PURPOSE OF THIS POLICY
T
he Policy's purpose is to establish annual procedures and approvals associated with funding community assistance expenditures during the development of the City budget. In addition, the Policy sets defined processes to ensure the City's financial goals are maintained and opportunities for public input are available.

T
he City Council define s community assistance funding as optional expenditures that the City Council can disburse annually to financial aid-worthy non-profit organizations within the Coachella Valley that provide services that the City may not otherwise offer.

B
udgetary approval is required for all community assistance funding. The City Council will publicly discuss community assistance funding at budgetary study sessions and council meetings during the review and adoption of the City budget. Public input is essential during these meetings. 2 . COMMUNITY ASSISTANCE FUNDING
Co
mmunity Assistance Funding for each new budget year shall be established as follows:

A. F
or each new budget year, the amount of the community assistance funding budget shall be established by calculating twenty-five percent (25%) of the prior year’s General Fund’s Net Change in Fund Balance (after all capital contributions) using year-end estimates established during the last quarter of each fiscal year.

B. M
aximum funding shall not exceed $200,000 during each budget year.

C. A
nnual funding shall be split into two separate pools. The Grants-in-Aid program shall receive 80% of the available funding. The second pool shall operate at the sole discretion of the City Council and will receive the remaining 20% of the available funding.

D. T
he City has qualified its ability to meet its financial obligations under the current General Fund cash flow plan as approved and amended by the Finance Committee and consistent with the adoption of the City’s Annual Budget.

E. If
funds are insufficient, the amount of community assistance funding shall be reduced or eliminated until all criteria have been met.

F. Unexpended community assistance funds from either pool shall not be carried forward into the next fiscal year. Budget Roll Forwards: Prior to the close of each fiscal year, the Finance Director shall roll forward any unexpended community assistance funds from either pool. For the avoidance of doubt, any unexpended community assistance funds shall “roll forward” into the next year’s budget, shall be available for spending, and shall be separate from the annual calculation establishing the annual Community Assistance Funding Program.

ATTACHMENT #2

Page 13 of 73 ends

3. EXTRAORDINARY FUNDING REQUESTS IN EXCESS OF $200,000

B. A staff report summarizing the Committee’s recommendations shall be placed on the City Council agenda for consideration.

C. The Applicant shall have the opportunity to present to the Council when the item is scheduled for Council consideration.

i. The City will hold a minimum of one Public Hearing and Town Hall meeting to discuss the said proposal with the Applicant present.

Page 14 of 73 ends

Page 15 of 73 ends

INDIAN WELLS CITY COUNCIL
November 2, 2023

To: City Council
From: Community Development Department
Prepared by: Luis Rubalcava, Planner
Subject: Receive and File Planning Commission’s Resolution Recommending Approval of Variance No. 2023 -0003 for
77748 Cottonwood Cove and Finding the Project Exempt
from CEQA

RECOMMENDED ACTIONS:

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(e), New Construction or Conversion of Small Structures.

DISCUSSION:

Homeowner Jim Snellenberger (“Applicant”) seeks approval for improvements to an existing residence located at 77748 Cottonwood Cove. The project includes adding a new 128 square foot golf cart garage to the front elevation of the home. Due to the irregular shape of the parcel, the Applicant requests a Variance pursuant to Section 21.06.050 of the Indian Wells Municipal Code (“IWMC”) to construct an addition to the front of the house, encroaching up to four (4) feet into the front yard setback for approximat ely 26 total square feet (Attachment 2).

The Applicant plans to extend the existing overhang and roof style to the new golf cart garage addition, given it's an extension of the existing garage and motor court. The Zoning code permits a thirty -inch (30”) encroachment into the setback area for overhangs. The new addition proposes a thirty -inch (30”) overhang, consistent with the existing home. Should the variance request allowing the 4 -foot encroachment into the required front yard setback be approved, the proposed overhang will extend 27 inches into the revised setback for approximately 10 square feet (Attachment 2).

Page 16 of 73 ends

On October 26, 202 3, at a duly noticed public hearing, the Planning Commission unanimously recommended City Council approval of Variance 202 3-03 (Attachment 1).

Per IWMC Section 21.06.050, the City Council shall consider Variance requests via the Consent Calendar. If no Council member or member of the public requests the item to be removed from the Consent Calendar, then the City Council may a ccept the approval of the item on consent. If a Council member or member or member of the public requests the item to be pulled for discussion, then a duly noticed public hearing must be scheduled for the next regular City Council meeting.

ANALYSIS:

IWMC Section 21.06.050 requires findings be made to approve a variance to any zoning standards. The following findings are required:

1. The strict application of [the] Zoning Code deprives the property of privileges enjoyed by other property in the vicinity a nd under identical zoning classification because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings.

FINDING:

The property exists behind the gates of the Indian Wells Country Club Community that is primarily zoned Residential Very Low Density (“RVLD”). The property is located along a curved roadway segment of Cottonwood Cove that creates a curvilinear arc at the front property line. The curvilinear section along Cottonwood Cove primarily affects the Applicant’s property in the neighboring vicinity, as well as the adjacent residential property to the north (Attachment 3). In addition, a public right-of-way (“ROW”) easement affects 4-feet of depth along the same lot frontage at the street. The property’s irregular shape and ROW easement limits the expansion of its existing motor court resulting in a “stair -step” design at the residence’s front, causing a 26 sq . ft. section of the proposed golf cart garage to encroach into the front setback.

The need for a 4-foot encroachment into the front yard setback is a result of these unique design considerations, ensuring optimal functionality and aesthetic appeal that align with the character of the surrounding properties. Therefore, given the irregular s hape of the lot, its curved frontage, and 4 -foot ROW, the strict application of the Zoning Code deprives the homeowner the opportunity to enlarge the floor area at the front of the home consistent with other homes in the vicinity within the RVLD zoning district.

2. The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

Page 17 of 73 ends

FINDING:

The Indian Wells Country Club development is subject to standards identified in the RVLD zone. The zoning requirements stipulate a 20’ front yard, 10’ rear, and 8’ side setbacks to reduce building intensity and maintain access around the structure for public safety personnel.

The requested Variance would allow a portion of the building to encroach into the front setback by 4’ for the addition of golf cart garage space for an existing home.

Because of the existing 4’ public ROW, the new addition will still maintain a minimum 20-foot distance from the face of curb. The 4 -foot encroachment into the front yard setback maintains side and rear property lines, ensuring no obstruction or hindrance to public pathways or neighboring properties. The design also ensur es that emergency access and public safety are not compromised resulting in improvements that will not be materially injurious to properties in the vicinity.

3. The granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and same zoning classification.

FINDING:

The Applicant provided a letter of justification, with findings, for grant of the requested Variance (Attachment 4). In the letter, the Applicant points out existing neighborhood conditions that exhibit structures with reduced setbacks but maintain a minimum 20-foot setback condition from the curb.

Similar properties in the vicinity have undergone modifications and improvements in line with their unique requir ements. The City of Indian Wells, under Variance No. 3-89-3, granted a variance to encroach into both the front and side setbacks at 47-625 Vintage Drive East that exhibits the same curbed frontage and irregular shaped lot for construction of a single-family household. Additional variances were approved under similar zoning characteristics as follow:

 VAR 3-90-02: Encroachment of 8 feet into the required front setback  VAR 2001-02: reduction of 5 feet of the required front setback  VAR 2006-02: 8.5 feet encroachment into the required front setback  VAR 2021-01: 5-foot encroachment into the required front setback

Given examples of other homes that encroach into setbacks, as well as prior formal approvals of similar setback encroachment via City approved varianc es, the

Page 18 of 73 ends

Variance approval is not constituting a grant of special privilege inconsistent with other properties in the surrounding area.

4. The granting of the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

FINDING:

Section 21.23.030 states that accessory structures associated with single -family residential uses are permitted in the RVLD zoning district. The proposed golf cart garage addition is a permissible accessory structure under the zoning regulations governing the property. The variance request pertains only to setback encroachment and does not introduce any unauthorized use or activity.

Subject to the standard City Planning review process, the rema inder of the proposed construction conforms to the City’s zoning code regarding building envelope, heights, and construction standards. Attachment No. 5 provides building elevation details of the proposed golf cart garage addition and does not request additional height to the existing home.

According to IWMC Chapter 21.60, any external changes to a building that can be seen from a public road need the City’s Design Review Committee ’s (“DRC”) approval. The Application was reviewed and approved by the DRC at its regular meeting on October 18, 2023 (Attachment 6). The approval demonstrates the golf cart addition’s compatibility with the existing built environment and design qualities of the surrounding neighborhood.

Any additional changes beyond the scope of the approved plans will require a separate architectural review prior to building permit issuance.

FISCAL IMPACT:

No fiscal impact.

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, h as determined the accessory golf cart garage addition qualifies as being Categorically Exempt from CEQA pursuant to Section 15303(e) New Construction or Conversion of Small Structures.

Page 19 of 73 ends

ATTACHMENTS:

1. Resolution No. PC 2023-08

2. Site Plan and Roof Plan

3. Aerial Map

4. Applicant Letter of Justification

5. Building Elevations

6. DRC Approval Letter

Page 20 of 73 ends

ATTACHMENT #1

RESOLUTION NO. PC 2023-08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

INDIAN WELLS, CALIFORNIA , RECOMMENDING APPROVAL OF
VARIANCE NO. 2023-0003 TO ALLOW ENCROACHMENT INTO THE
FRONT YARD SETBACK FOR A NEW 128 SQUARE FOOT GOLF CART

GARAGE ADDITION TO AN EXISTING RESIDENCE LOCATED AT
77748 COTTONWOOD COVE (APN 623-390-024), PURSUANT TO
CEQA AND SECTION 15 3O3(e), NEW CONSTRUCTION OR

CONVERSION OF SMALL STRUCTURES

WHEREAS, Jim Snellenberger (the "Applicant") filed an application with the City of Indian Wells “City”) for Variance No. 2023-0003, pursuant to Indian Wells Zoning Code Section 21.06.050, to allow a 4’ encroachment into the front yard of an existing residential site located at 77748 Cottonwood Cove, Indian Wells, California to add a new 128 square foot golf cart garage, which requires a variance from the required 20-foot front yard setback identified in Indian Wells Zoning Code Section 21.23.050(a) (the "Project"); and

WHEREAS, on October 26, 2023, the City’s Planning Commission held a duly noticed public hearing on the Project in conformance with the California Government Code and various Indian Wells Municipal Code sections and adopted Resolution No. PC 2023-08 recommending that the City Council approve the Project; and

WHEREAS, on October 18, 2023, the Design Review Committee approved the aesthetic design of the Project as required under Indian Wells Municipal Code Section 21.60.020; and

WHEREAS, after careful consideration of the staff report, public testimony and all of the information presented at the hearing, the Planning Commission finds that:

1. The strict application of the Indian Wells Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property, including size, shape, topogr aphy, location, or surroundings.

FACT: The property is located within the gated confines of the Indian Wells Country Club community and is zoned Residential Very Low Density (“RVLD”). Its location on a curvilinear segment of Cottonwood Cove uniquely impacts this property and the immediate residential site to the north. A public right-of-way (“ROW”) easement further restricts 4- feet of its frontage depth. Th e property's distinct shape and the ROW easement necessitate a "stair-step" design at its forefront, leading to a 26 sq . ft. portion of the proposed golf cart garage encroaching into the 20-foot front setback.

Given the unique design constraints of the property, a 4-foot encroachment into the front setback is warranted. Without this adjustment, the Indian Wells Zoning Code's rigid application would unduly restrict the homeowner from expanding the floor area at the front of the home consistent with other homes in the vicinity within the RVLD zoning district.

Page 21 of 73 ends

City of Indian Wells
Resolution No. PC 2023-08

Page 2 ends

2. The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the v icinity.

FACT: The Project maintains the applicable side and rear yard setbacks for public safety access in compliance with the RVLD zoning requirements. In addition, a 4’ public right of way exists along the front property line that will maintain a minimum 20-foot distance from the existing curb face, ensuring complete emergency access around the entire structure.

3. The granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and same zoning classification.

FACT: The existing curvilinear street condition, 4-foot ROW, and irregularly shaped lot are unique hardship exhibited at the site. Past variances have been approved under similar zoning and site characteristics as the property in question . Therefore, granting of the Variance does not constitute any special privileges on the Project.

4. The granting of the Variance does not authorize a use of activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

FACT: The granting of the Variance would not authorize a use that is not otherwise expressly authorized by the Zoning regulations governing the property.

NOW, THEREFORE, the Planning Commission of the City of Indian Wells does hereby resolve, determine, find, and order as follows:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.

SECTION 2. 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, determined that the project is exempt from CEQA pursuant to Public Resources Code Section 21080 and CEQA Guidelines Section 15303(a)(e) New Construction or Conversion of Small Structures.

SECTION 3. The Planning Commission ADOPTS Resolution No. PC 2023-08 recommending that the City Council approve Variance No. 2023-0003 concerning the proposed Project subject to the conditions listed on Exhibit “A” and site plan shown in Exhibit “B” attached hereto and by this reference incorporated herein.

SECTION 4. The Community Development Director shall transmit this recommendation to the City Council, and Variance No. 2023-0003 shall be scheduled for consideration on the consent calendar before the City Council.

SECTION 5. The Planning Department 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.

Page 22 of 73 ends

City of Indian Wells
Resolution No. PC 2023-08

Page 3 ends

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Indian Wells, California at a regular meeting held on this 26th day of October 2023.

____________________________

NICHOLAS CONWAY

CHAIRMAN

CERTIFICATION FOR RESOLUTION NO. PC 2023-08

I, Jon Berg , Community Development Director of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the Planning Commission is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the Planning Commission of the City of Indian Wells on the 26th day of October, 2023, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

JON BERG CRAIG HAYES

COMMUNITY DEVELOPMENT DIRECTOR CITY ATTORNEY

Page 23 of 73 ends

City of Indian Wells
Resolution No. PC 2023-08

Page 4 ends

EXHIBIT “A”
Conditions of Approval for
Variance No. 2023-03

October 26, 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, any and all such aforesaid suits, actions or other proceedings of every kind that may be br ought or instituted against City, its officials, officers, employees and agents.

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 ot her 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, loses, damages, injuries, suits, actions, or other proceedings. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Applicant shall reimburse City, its officials, officers, employees and agents for any and all legal expenses and costs, including expert witness fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 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. 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.

Page 24 of 73 ends

City of Indian Wells
Resolution No. PC 2023-08

Page 5 ends

4. The Applicant shall pay development impact fees at the established rates and amounts. Such fees may include, but not be limited to, new construction fee, and building permit and plan check fees.

5. This approval of Variance No. 2021-01 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 City Zoning Code Section 21.06.040(e). The phrase “be used” above for purposes of the proposed Project shall mean the application for and approval of all applicable building permits, and commencement of physical installation of the Project. In addition, this approval of Variance No. 2021-01 shall become null and void if any such building permit no longer remains in effect due to its lapse, if such occurs following the foregoing one-year permit.

6. 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.

7. This variance approves the front yard building setback encroachment as shown, or in substantial conformance to, the attached site plan “Exhibit B.”

Page 25 of 73 ends

ATTACHMENT #2

Page 26 of 73 ends

ATTACHMENT #3

Page 27 of 73 ends

77748 Cottonwood Cove, Indian Wells CA
The purpose of this application is to consider a variance from the terms of the zoning code because of special circumstances applicable to the property. (1) The strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings.

I believe there are privileges enjoyed by other properties in the area, straight across the street there are two homes with setbacks of 22’ (photos included), we also have a very strange curve in the road in front of our home without this we would not need the variance (photos included).
(2) The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

This golf cart garage will improve values of the homes around the neighborhood and the design of the home as far as architecturally. We are adding some design features that were missed on the build.
(3) The granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and same zoning classification.

I believe that the road in front of the home deprives this property of privileges enjoyed by others and puts limitations on it that others do not have. (4) The granting of the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

This golf cart garage is authorized in the zoning regulation.

ATTACHMENT #4

Page 28 of 73 ends

ATTACHMENT #5

Page 29 of 73 ends

44-950 Eldorado Drive / Indian Wells, California 92210-7497 / V (760) 346-2489 / F (760) 346-0407 / IndianWells.com October 18, 2023
Jim Snellenberger
77748 Cottonwood Cove
Indian Wells, CA 92210
RE: C ity of Indian Wells Design Review Committee (DRC) Approval of Variance Case No. VAR-2023-0003 for the Residential Addition of a Golf Cart Garage to an Existing Home Located at 77748 Cottonwood Cove (APN 623-390-024) Mr
. Snellenberger,
The City’s Design Review Committee (DRC) publicly reviewed and approved your application for an addition of a 128 square foot golf cart garage at 77748 Cottonwood Cove, during their regularly scheduled meeting on October 18, 2023.

T
he City’s DRC review and approval constitutes your formal approval of architectural design plans through the City’s Planning Department. The scope of approval is narrowed to the design of the new addition only. The encroachment of the garage shall be considered before the Planning Commission at its regularly scheduled hearing on October 26, 2023.

S
ubsequent approval from the Planning Commission will constitute full approval from the City’s Planning Department, and plans may be formally submitted to the Building Department for permit issuance at that time. Associated building plans must be consistent with the architectural plans reviewed and approved by the DRC. All building permits expire within 180-days of permit issuance if you have not completed a major inspection in that time.

P
lease do not hesitate to call me if you have any questions.

B
est Regards,
L
uis Rubalcava, AICP
Planner
44950 Eldorado Drive
Indian Wells, CA. 92210
(760) 346-0229
ATTACHMENT #6

Page 30 of 73 ends

INDIAN WELLS CITY COUNCIL
November 2, 2023

To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Grants-in-Aid Committee Recommendations for FY 2023- 24 Grants-in-Aid Program Funding

RECOMMENDED ACTIONS:

Council APPROVES Grants-in-Aid Committee funding recommendations totaling $159,954 for the organizations listed in this staff report for Fiscal Year 2023-24; and

AUTHORIZES and DIRECTS the City Manager to execute contracts for same.

BACKGROUND
The City recognizes the importance of community -based organizations and/or groups, and the vital role they play in providing essential services to the Coachella Valley. To assist these organizations in meeting their service needs, the City developed its Gr ants- in-Aid program to provide financial assistance during years of financial surplus. To assist the City in dispersing those funds, the City formed its Grants -in-Aid Committee (“Committee”) consisting of a broad -based cross section of informed and dedicat ed residents who review and analyze requesting agencies’ funding requests and make recommendations on the annual allocation of funding to the City Council during those surplus years.

Funding for the City’s Grants-in-Aid program is vetted each year through the City Council budget cycle. Per Resolution 2017-04, the amount of community assistance funding is a maximum of twenty-five percent (25%) of the prior year’s General Fund’s Net Change in Fund Balance using year end estimates established during the last quarter of each fiscal year, not to exceed $160,000 during each budget year. While the city is still finalizing the audit cycle, Fiscal Year 2022-23 is estimated to end with a $1.2 million surplus. Therefore, per the City’s policy, the maximum amount of $160,000 is available to be allocated through the Grants-in-Aid program for Fiscal Year 2023-24.

Page 31 of 73 ends

Analysis:

In August, the city hosted two education sessions for interested organizations to learn about the Grants-in-Aid program. Staff provided an over view of the program guidelines and application process and answered attendee questions.

The Grants -in-Aid program gives tax -exempt, non -profit organizations under Section 501(c)(3) with at least 5 years in business the opportunity to apply for funding to assist with community assistance and services provided to the Coachella Valley. Eligible requests include expansion of initial service programs, the addition of a new service or program or special project, or the purchase of specific items, not related to start-up costs, but necessary to providing services. Funding cannot be used for staffing or salaries, fundraising, sponsorships, start-up costs, administrative or overhead expenses.

The Grants-in-Aid Committee reviewed each application to ensure they met the program guidelines and to understand their funding request. The Grants-in-Aid Committee met on October 10, 2023, to discuss funding recommendations for 24 Grants-in-Aid requests totaling $232,454. After reviewing all 2 4 applications, the Grants -in-Aid Committee is recommending funding 19 of the 24 applicants for a total of $159,954.

Recommended Organizations for Funding:

The Grants -in-Aid Committee recommends the City Council allocate the $160,000 in available funding to the following organizations:

Alzheimer’s Coachella Valley: recommended funding of $10,000 for the purchase and installation of projectors for video programming in their Club Journey program which supports families struggling with dementia.

American Friends of our Armed Forces: recommended funding of $10,500 for the transportation of Marines from their Base to their Host Families and back for the Adopt a Marine for Thanksgiving Program.

Angel View : recommended funding of $12,464 for the purchase of replacement computers for thei r Immediate Care Facilities for the Intellectually Disabled to assist providers with digital medical record keeping.

Assistance League : recommended funding of $10,000 for Operation School Bell, providing new school clothes to socioeconomically disadvantaged, low -income elementary school children.

Big Brothers Big Sisters : recommended funding of $10,000 to support their Mentorship Program partnership with Cathedral Ci ty Boys & Girls Club whose goal is to match in-need youth with high school or college-aged mentors.

Page 32 of 73 ends

Coachella Valley Housing Coalition : recommended funding of $5,000 to support their after-school programming available to children residing in their low-income housing developments.

Desert Arc : recommended funding of $10,000 toward the purchase of three (3) replacement Portacool Evaporative Cooler Systems for the warehouse of the Recycling Center.

Coachella Valley Youth Golf Foundation: recommended funding o f $10,000 in support of their expanding First Tee Coachella Valley’s School Program.

Food Now: recommended funding of $5,000 to support the Health Food Accessibility Project addressing impoverished families and individuals, those confined to their homes, and children.

Friends of the Desert Mountains : recommended funding of $10,000 in support of their efforts to provide environmental education and STEAM curriculum to underserved children in the Eastern Coachella Valley.

Loving All Animals : recommended funding of $5,000 to support training programs designed to help shelter animals become more adoptable.

Neuro Vitality Foundation: recommended funding of $5,000 toward the Fellowship Assistance Program which helps offset the costs remaining after insurance for stroke and brain injury patients.

Read With Me Volunteer Programs : recommended funding of $5,000 for the purchase of 1,000 books to be distributed to English -language challenged elementary school children in the Coachella Valley.

RiteCare Childhood Language Center: recommended funding of $15,000 in support of their Speech -Language Therapy Program which provides intensive speech -language evaluations and therapy services to children aged 3-17 years.

Riverside County Foundation on Aging: recommended funding of $5,000 to supply grocery gift cards to 200 underserved, impoverished seniors in the Coachella Valley.

Shay’s Warriors : recommended funding of $5,000 to support services for cancer survivors and their families.

United Cerebral Palsy: recommended funding of $8,990 to support the Para -Karate Program which allows individuals with disabilities to participate in a competitive sport.

Page 33 of 73 ends

Variety Children’s Charity: recommended funding of $10,000 to support the services provided to low -income, special needs children in Variety’s Freedom, Future and Care Programs.

Olive Crest: recommended funding of $8,000 to support the Community Engagement Initiative designed to help prevent and end child abuse and neglect.

Each organization that will recei ve funding is required to execute a Funding Agreement with the City documenting the authorized use of funds and will, at the conclusion of the Fiscal Year, provide the City with a report on how the funds were utilized and the impact those dollars had on the organization and the community it serves.

OPTIONS:

Council options:

1. Approve the Grants-in-Aid Committee’s recommendation to allocate Grants-in-Aid funding as outlined in this staff report; or

2. Provide alternative direction.

FISCAL IMPACT:

No supplemental appropriation required. The Grants -in-Aid Program utilizes funds allocated within the Fiscal Year 2023-24 budget.

ATTACHMENTS:

1. Funding Allocation Spreadsheet

Page 34 of 73 ends

2023-2024 GRANT FUNDING REQUESTS - GRANTS IN AID
FUNDING AVAILABLE: $160,000
AGENCY NAME PROGRAM/ PROJECT/ PUR CHASE SUPPORTED? REQUESTED FUNDI NG FUNDING

RECOMMENDATION
1 Alzheimers Coachella Valley Projector Purchase & Installation for Club Journey video programming for families struggling with dementia 10,000.00$ 10,000.00$ 2 American Friends of our Armed Forces Coachella Valley Adopts a M arine - Thanksgiving Program 10,500.00 $ 10,500.00$ 3 Angel View New computers for Intermediate Care Facilities for Intellectual ly Disabled, used by providers for digital medical records 12,464.00$ 12,464.00$ 4 Assistance League Operation School Bell; providing new school clothes to socioeconomically disadvantaged, low-income elementary students 10,000.00$ 10,000.00$ 5 Big Brothers Big Sisters Mentorship Program partnership with Cathedral City Boys & Girls Club to match youth with a high school or college-aged mentor 10,000.00$ 10,000.00$ 6 Coachella Valley Housing Coalition Support for after-school programming available to children residing in their low-income housing developments 5,000.00$ 5,000.00$ 7 Desert Arc Purchase of three (3) replacement Portacool Evaporative Cooler S
ystems for the warehouse of the Recycling Center 10,000.00$ 10,000.00$ 8 CV Youth Golf Foundation Support for the First Tee Coachella Valley's School Program 10,000.00$ 10,000.00$ 9 Food Now Health Food Accessibility Project addressing impoverished famil ies and individuals, those confined to their homes, and children 10,000.00$ 5,000.00$ 10 Friends of the Desert Mountains Resources to bring environmental education and STEAM curriculum to underserved children in the Eastern Coachella Valley 10,000.00$ 10,000.00$ 11 Loving All Animals Support for agility and behavior training programs designed to improve shelter animals chances of being adopted 5,000.00$ 5,000.00$ 12 Neuro Vitality Foundation Fellowship Assistance Program to offset the cost of care that remains after insurance for stroke and brain injury patients 5,000.00$ 5,000.00$ 13 Read With Me Volunteer Programs Purchase of 1,000 books to distribute to English-language-challeneged elementary school children in the Coachella Valley 5,000.00$ 5,000.00$ 14 RiteCare Childhood Language Center Speech-Language Therapy Program providing intensive speech- language evals and therapy services to children ages 3-17 years 15,000.00$ 15,000.00$ 15 Riverside County Foundation on Aging Grocery gift cards for 200 underserved, impoverished seniors 5,000.00 $ 5,000.00$ 16 Shay's Warriors Funding to support services for cancer survivors and their families 7,500.00$ 5,000.00$ 17 United Cerebral Palsy Support for the Para-Karate program designed for individuals with disabilities to participate in a competitive sport 8,990.00$ 8,990.00$ 18 Variety Children's Charity Support for Variety's Freedom, Future and Care Programs which provide services to low-income special needs children 10,000.00$ 10,000.00$ 19 Olive Crest Support for the Community Engagement Initiative helping to prev ent and end child abuse and neglect 8,000.00$ 8,000.00$
167,454.00$ 159,954.00$
ATTACHMENT #1

Page 35 of 73 ends

INDIAN WELLS CITY COUNCIL
November 2, 2023
To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Resolution Supporting the Establishment of the Proposed Chuckwalla National Monument and Expansion of Joshua
Tree National Park via an Adjacent National Monument
RECOMMENDED ACTIONS:

Council ADOPTS Resolution supporting the establishment of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park via an adjacent National Monument; and
AUTHORIZES and DIRECTS Staff to send a copy of said Resolution to United States President Joe Biden, Representative Dr. Raul Ruiz, Representative Ken Calvert, Senator Laphonza Butler, and Senator Alex Padilla.

BACKGROUND:

On September 21, 2023, Congressman Ruiz introduced H.R. 5660, the Chuckwalla National Monument Establishment and Joshua Tree National Park Expansion Act of 2023, a bill to “provide for the protection of natural and cultural resources, Tribal collaborative management, sustainable economic development, enhanced recreation, and equitable access on Federal lands in eastern Imperial and Riverside counties, California, and for other purposes.” This included a request to President Biden to use authority granted by the Antiquities Act to establish the Chuckwalla National Monument as well as an additional national monument adjacent to Joshua Tree National Park to be managed by the National Park Service.

National monuments can be established in two ways: through federal legislation or, more commonly, through presidential use of the Antiquities Act. Given current gridlock in Congress, the coalition is pursuing the latter option and seeks to work closely with Congressman Ruiz and California senators to advocate with the Biden Administration on a proposal to conserve federal public lands in Riverside and Imperial Counties for present and future generations to enjoy.

Page 36 of 73 ends

The proposal would designate a new Chuckwalla National Monument that would border the southern edge of Joshua Tree National Park and permanently protect recreational access to popular places like the Mecca Hills and Orocopia Mountains. The proposed protections would honor and recognize the cultural histories of Indigenous peoples, enhance access to world-class nature for local residents and visitors, protect fragile desert wildlife by providing
connectivity between existing protected lands, and help boost local economies.

The proposal was also crafted to be complementary to the goals of the Desert Renewable Energy Conservation Plan. All areas prioritized for renewable energy development were purposefully excluded from the proposed national monument boundaries.

National Monuments generally permit existing recreational uses to continue and in fact provide a better experience for users with increased signage for improved access and interpretation. The draft proposal will benefit Riverside and Imperial Counties in several ways, including:
 Protecting crucial plant and wildlife habitat and migration corridors;  Safeguarding indigenous sites, landscapes of importance, and other significant cultural resources;
 Protecting important historic sites and landscapes;
 Enhancing equitable and sustainable recreation access to federal public lands;  Boosting local economies by attracting visitors (Attachment No. 4); and  Promoting tourism and recreation.

The coalition of organizations supporting the proposal is currently reaching out to local elected officials, community leaders and stakeholders to solicit their input and support.

Cathedral City, Desert Hot Springs, Banning, and Palm Springs have recently adopted resolutions or letters of support.

Staff is recommending that the City Council approve a Resolution (Attachment No. 1) supporting the designation of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park, and direct Staff to forward the Resolution to President Biden, Representative Ruiz, Representative Calvert, Senator Butler, and Senator Padilla.

FISCAL IMPACT:

No Fiscal Impact.

Page 37 of 73 ends

ATTACHMENTS:

1. Resolution

2. Map of Proposed Chuckwalla National Monument and Joshua Park Expansion

3. Chuckwalla National Monument – Proposal Summary

4. Economic Benefits of Conservation Lands

Page 38 of 73 ends

RESOLUTION NO. 2023-____
A

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

CALIFORNIA, IN SUPPORT OF THE ESTABLISHMENT OF THE PROPOSED

CHUCKWALLA NATIONAL MONUMENT AND EXPANSION OF JOSHUA

TREE NATIONAL PARK VIA AN ADJACENT NATIONAL MONUMENT
W
HEREAS, the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park contain spectacular public lands that are a scenic, environmental, economic, cultural, and recreational resource both locally as well as across our state; and W
HEREAS, the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park support year-round habitats for diverse wildlife such as desert bighorn sheep, desert tortoise, a wide variety of birds, and many other species; and W
HEREAS, publicly owned and federally managed desert lands constitute a public wildland resource of extraordinary and inestimable value and deserve to be protected for present and future generations; and
W
HEREAS, securing permanent protection for the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park will secure the quality of life and recreational opportunities directly related to our public lands for generations to come; and W
HEREAS, multiple studies have shown that National Monuments create jobs and support positive economics for communities nearby; and
W
HEREAS, these areas contain significant cultural, archeological, historic, and scientific values worthy of permanent protection; and
W
HEREAS, it remains in the City’s interest to maintain and protect the California desert as a recreational resource and a place for citizens of and visitors to Indian Wells to recreate, spend time with family, or simply gaze into the night sky; N

OW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF INDIAN WELLS HEREBY AFFIRMS ITS SUPPORT AS FOLLOWS:

SECTION 1 . E stablishment via legislation or executive action of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park through the establishment of an adjacent national monument managed by the National Park Service.

B
E IT FURTHER RESOLVED that the City Council asks President Biden to designate the proposed Chuckwalla National Monument and the additional national monument adjacent to Joshua Tree National Park promptly through Presidential proclamation via the Antiquities Act; and B
E IT FURTHER RESOLVED that the City Council hereby directs the Clerk to send a copy of this resolution to United States President Joe Biden, Representative Dr. Raul Ruiz, Representative Ken Calvert, Senator Laphonza Butler, and Senator Alex Padilla.

ATTACHMENT #1

Page 39 of 73 ends

City of Indian Wells
Resolu�on No. 2023-____

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 2nd day of November 2023.

_________________________
DONNA J.H. GRIFFITH
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2023-____

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells the 2nd day of November 2023 by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

________________________ ________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Page 40 of 73 ends

ATTACHMENT #2

Page 41 of 73 ends

ATTACHMENT #3

Page 42 of 73 ends

Page 43 of 73 ends

THE CALIFORNIA

DESERT REGION

ECONOMIC BENEFITS

THE CALIFORNIA

DESERT REGION
The Economic Link Between Conserved Lands and Local Communities Studies have demonstrated an association between conservation of public lands and a significant boon to surrounding local economies.

Tourism: Economic Driver in
the Desert
Jobs and Desert Visitation
Andrea Iniguez
DESERT CONSERVATION CONFERS ECONOMIC BENEFITS. IT'S MORE THAN SAVING BEAUTIFUL PLACES.

Monument designation has a positive and statistically significant average increase of approximately 10% on the total number of establishments [businesses] and 8.5% on the total number of jobs in Zip Code Tabulation Areas within 25 km of the 14 Mountain West designated national monuments analyzed across a 25-year time period.

The California Desert region is
experiencing a rapid escalation in tourist
enthusiasm and visitation that has driven
revenue for local economies.

Tourism is an industry, and as desert
visitation rapidly expands, so too has job
creation and business opportunities for
local resident who support related sectors
such as business, finance, construction,
and health.

[email protected]
PROTECTCADESERTS.ORG
@PROTECTCADESERT EMAIL
:

Transportation
Lodging
Restaurants
Recreation Industries
Gas
Retail
Groceries
Camping
($0.87 billion, 6%)
($1.07 mil millones, 7.4%)
($1.28 billion, 8.8%)
($1.32 billion, 9.1%)
($1.59 billion, 10.9%) ($3.01 billion, 20.7%)
($5.03 billion, 34.6.%)
($0.36 billion, 2.5%)
M. Walls, P. Lee, & M. Ashenfarb. 2020. Resources for the Future. National monuments and economic
growth in the American West. Science Advances. Vol 6 (12).

Graph: 2020 National Park Visitor Spending Effects [NPS].

ATTACHMENT #4

Page 44 of 73 ends

In a 2020 study published by the Washington, D.C. based think tank Resources for the Future, authors reviewed data across 8 states in the Mountain West to estimate the economic impacts of 14 monument designations over a 25-year period. They concluded that monuments resulted in greater average number of establishments and jobs in proximity to monuments; increased average establishment growth rate; and had no effect on mining and other industries that use public lands.

The National Park Service 2020 Report on NPS Visits, Spending, and Economic Contributions to Local Economies noted that for Joshua Tree National Park, visitation of 2,399,542 guests conveyed $121,857,000 spent in local economies; 1,512 jobs; and $60,065,000 in labor income consisting of employee wages, salaries and payroll benefits, as well as the incomes of proprietors that are supported by NPS visitor spending.

Visit California’s Economic Impact of Travel report for 2021 indicated Local Tax Revenue of $293,000 for the state’s Desert Region, supporting community benefits such as safety, fire, recreation, and library services.

Joshua Tree National Park and other desert public lands have experienced a dramatic increase in visitation across the last decade as the public has enthusiastically discovered our desert region. For instance, between 2011 and 2021, visitation at JTNP increased from 1,396,237 to 3,064,000 – a 119% increase.

A 2014 report [ECONorthwest] noted economic contributions of Quiet Recreation Visits within 50 miles of recreation sites on BLM-managed lands within California. Total Direct Spending was $243,938,853.

In inflation-adjusted dollars for 2022, that amount today would be $305,182,203.

Tourists to Imperial County generate an estimated $347.6 million (2016; $428.9 million adjusted for 2022) in the County and support more than 4,700 direct jobs, about 7 percent of total employment in the County.

[email protected]
PROTECTCADESERTS.ORG
@PROTECTCADESERT EMAIL
:

SUMMARY POINTS: ECONOMIC BENEFITS OF DESERT CONSERVATION National monuments and economic growth in the American West. 2020. Link https://www.science.org/doi/10.1126/sciadv.aay8523
2020 National Park Visitor Spending Effects. Economic contributions to local communities, states, and the nation. 2021. NPS. Link Economic Impact of Travel in California 2012-2021. Visit California. 2022. Dean Runyon and Associates. Link National Park Service Stats. National Park Service Visitor Use Statistics. Link The Economic Value of ‘Quiet Recreation’ on BLM Lands. 2017. Pew Charitable Trusts. Link Updated Summary: The Economic Importance of National Monuments to Local Communities. 2017. Headwaters Economics. Link Imperial County Comprehensive Economic Development Strategy. Link

Bob Wick

Page 45 of 73 ends

INDIAN WELLS CITY COUNCIL
November 2, 2023
To: City Council
From: City Manager Department
Prepared by: Chris Freeland, City Manager
Subject: Epson Tour Championship Host City Sponsorship Opportunity
RECOMMENDED ACTIONS:

BACKGROUND:

Committee Recommendation: The Finance Committee met on October 26, 2023, to consider sponsorship of the 2024 Epson Tour Championship at the Indian Wells Golf Resort. After discussing funding options, the time during the year when the tournament is played, the consumption of existing tee times, and negotiated Resident Benefits, the Finance Committee recommends the Council consider the $100,000 Host City Sponsorship.

The Epson Tour
The Epson Tour is the official qualifying tour of the LPGA Tour and enters its 44th competitive season in 2024. With the support of the entitlement partner Seiko Epson Corporation, the Tour’s mission is to prepare the world’s best female professional golfers for a successful career on the LPGA Tour. In the last decade, the Epson Tour has grown from 15 tournaments and $1.6 million in prize money to $5 million awarded across 24 events in 2023. With more than 600 graduates and alumnae moving on to the LPGA Tour, former Epson Tour players have won 466 LPGA titles.

Each year, the top ten (10) money earners on the Epson Tour graduate to the LPGA Tour for the following season. Recent Epson Tour graduates include top-ranked American and Olympic Gold Medalist Nelly Korda, current world #1 Lilia Vu, and fellow major champions Celine Boutier and Hannah Green.

Page 46 of 73 ends

The Epson Tour Championship is currently being played in Florida, but Epson wants to move the tour to California. Epson is based in Orange County, California.

DISCUSSION:

Representatives of the LPGA, through Troon, have expressed an interest in relocating the 2024 Epson Tour Championship to the Indian Wells Golf Resort (IWGR). If approved, the Epson tour would be in town from September 30, 2024, through October 6, 2024. As part of their evaluation of relocating to the IWGR, the LPGA is seeking sponsorship from the City of Indian Wells to offset a portion of their costs to host the event in Indian Wells.

The fee to buy out the Celebrity Golf Co urse for the week is $165,000 to $185,000, depending on the level of buyout. The LPGA is presenting two levels of sponsorships for the City of Indian Wells’ consideration. In both cases, the tournament would be showcased as the Epson Tour Championship presented by Indian Wells.

Championship Presenting Sponsor ($50,000 Level)

 City name incorporated into official tournament name and logo – e.g., “Epson Tour Championship at Indian Wells.”
 Official Tournament Logo , including city name incorporated into all tournament collateral.
 Opportunity for City Officials to participate in tournament trophy ceremony.  One (1) Press Release drafted and distributed by the Epson Tour announcing sponsorship.
 One (1) Pro-Am team in the official tournament pro-am (three amateurs per team).  Ten (10) Invitations to the Meet the Pros Party.
 Two (2) thirty-second or longer pieces of content filmed, produced , and distributed on Epson Tour digital platforms highlighting Indian Wells Resort and the surrounding Community.
 Discounts on Pro-Am, VIP Hospitality, and Grounds Tickets for Indian Wells resident card holders, marketed through Indian Wells and Troon email lists.  Dedicated City of Indian Wells Resident viewing area on 18th Green defined by Rope and Stake. If the City would like to include chairs (versus bring your own), that is at the City's expense.

Championship Presenting Sponsor ($100,000 Level)

 City name incorporated into official tournament name and logo – e.g., “Epson Tour Championship at Indian Wells.”
 City name and logo incorporated into all tournament collateral.  Opportunity for City Officials to participate in tournament trophy ceremony.

Page 47 of 73 ends

 One (1) Press Release drafted and distributed by the Epson Tour announcing the partnership.
 Two (2) Pro-Am teams in the official tournament pro-am (three amateurs per team).  Twenty (24) Invitations to the Meet the Pros Party.
 Seventy-Two (72) Four-day VIP Hospitality passes Thursday -Sunday of tournament week.
 On-site signage and branding to include two (2) Tee Signs throughout tournament week.
 Eight (8) Advertising units on daily live stream telecast (2 per day).  Daily content filmed, produced, and distributed on Epson Tour digital platforms highlighting Indian Wells Resort and the surrounding Community.

In addition, the Finance Committee requested the following Resident Benefits that are part of the $50,000 sponsorship level be included in the $100,000 sponsorship level. The Epson Tour has agreed to this request.

 Discounts on Pro-Am, VIP Hospitality, and Grounds Tickets for Indian Wells resident card holders, marketed through Indian Wells and Troon email lists.  Dedicated City of Indian Wells Resident viewing area on 18th Green defined by Rope and Stake. If the City would like to include chairs (versus bring your own), that is at the City's expense.

Council Goal Alignment and Economics

This opportunity is consistent with the City Council’s goal to increase tourism to Indian Wells and expand the City’s brand as a golfing destination. Ac cording to the LPGA, the Epson Tour Championship provides the following tourism benefits.

 Over 1,930 hotel room nights during a shoulder month. While there is no commitment that all these hotel room nights will be in Indian Wells, many are likely to be in Indian Wells, especially Epson executives and guests, and tour staff and vendors.
 The event will generate spinoff revenues at local restaurants, especially the IWGR. o Meet the Pros Reception and Party (200 plus guests)
o Pro-Am experience (50 professionals and 150 amateurs) o LPGA Card Ceremony (10 athletes and family, staff. Media, and additional guests).
o IWGR has estimated $80,0000-$100,000 in Food & Beverage revenues.  LPGA has provided an estimated value of media exposure of $2.5 million from hosting the event.

A copy of the Epson Tour Championship proposal is attached.

Page 48 of 73 ends

FISCAL IMPACT:

Representatives of the LPGA are presenting two sponsorship options at either the $50,000 level or the $100,000 level. Sponsorship benefits are provided above. Sponsorshi p funding will come from the City’s Golf Resort fund, not a General Fund expenditure.

Staff has reviewed the existing budget and identified $62,200 in the Golf Resort fund that could be reallocated for this purpose. This means that Sponsorship funding at the $50,000 level would not require the Council to appropriate additional funds and would require an appropriation of $37,800 should the Council consider funding at the $100,000 Sponsorship Level.

OPTIONS:

The City Council has the following options:

1. Approve the Finance Committee’s recommendation to sponsor the 2024 Epson Tour Championship at the $100,000 level.

2. Approve the 2024 Epson Tour Championship at the $50,000 level.

3. Not sponsoring the 2024 Epson Tour Championship.

4. Provide alternative direction.

ATTACHMENTS:

1. 2024 Epson Tour Championship Sponsorship proposal

Page 49 of 73 ends

September 30 - October 6, 2024
1 ATTACHMENT #1

Page 50 of 73 ends

About the Epson TourThe Epson Tour is the official qualifying tour of the LPGA Tour and enters its 44th competitive season in 2024. With the support of the entitlement partner Seiko Epson Corporation, the Tour’s mission is to prepare the world’s best female professional golfers for a successful career on the LPGA Tour. In the last decade, the Epson Tour has grown from 15 tournaments and $1.6 million in prize money to $5 million awarded across 20+ events in 2023. With more than 600 graduates and alumnae moving on to the LPGA Tour, former Epson Tour players have won 466 LPGA titles.Each year the top ten (10) money earners on the Epson Tour graduate to the LPGA Tour for the following season.Recent Epson Tour graduates include top ranked American and Olympic Gold Medalist Nelly Korda, current world #1 Lilia Vu, as well as fellow major champions Celine Boutier and Hannah Green.Follow the Epson Tour at www.epsontour.com or on Epson TourSocial Media channels @epsontour #Road2LPGA 2

Page 51 of 73 ends

Tournament Week - Schedule of EventsSCHEDULE OF EVENTSMonday, September 30 Athlete and Epson Tour Team Arrival & SetupTuesday, October 1st Official Practice Rounds Epson Tour “Meet the Pros Party”Wednesday, October 2nd AM Wave – Pro-Am Experience – Epson PM Wave – Pro-Am ExperienceThursday/Friday, October 3rd & 4th Rounds 1 & 2 Official Cut on Friday following play, low 60 players plus tiesSaturday, October 5th Moving Day, round 3Sunday, October 6th Final Round, Epson Tour Championship Trophy Ceremony LPGA Card Ceremony 3

Page 52 of 73 ends

Potential Tourism Impact
•The Epson Tour Championship is the season-ending Championship event•Top 10 players on the money list awarded their LPGA Tour Cards•Week-long professional tournament drawing 108 professionals•150 + volunteers•Highest profile event on the 2024 Epson Tour Schedule•Week concludes with LPGA Card Ceremony – Typically covered by Golf Channel and other Golf Media Outlets 4 Epson Tour Professionals / Participants•108 professionals / Caddies / Family•65 Athletes @ 7 Nights = 455 Room Nights•43 Athletes @ 5 Nights = 215 Room Nights•150 Caddie / Family @ 6 Nights = 900 Room Nights•Total Epson Tour Professional Nights = 1,530 Room NightsSeiko Epson Corporation Guests and Executives•80 guests & Executives for 2 -3 nights•200+ room nightsEpson Tour Staff / Vendors

EPSON TOUR CHAMPIONSHIPTOURISM IMPACT
Total Potential – 1,930 Room Nights, 100+ Rental Cars for the week, and 7 days of Dining in Local Restaurants, including high-end client entertainment by Seiko Epson Corporation, Epson Tour and Epson Tour Partners •20 Out of Town Staffers & Vendors = 200+ Room Nights

Page 53 of 73 ends

Special Events Hosted in Indian WellsMonday – Sunday - Epson Tour Championship presented by Indian Wells - 7 Day course rental at Indian Wells Resort Tuesday - Meet the Pros Reception and Party – 200+ guestsWednesday – The Pro-am Experience – Breakfast, Lunch and Post Round Reception – 50 Professionals, 150 amateursSunday – LPGA Card Ceremony – 10 Athletes and Family , Staff, Media – 50+ guests 5

Page 54 of 73 ends

KEY FINDINGS – FROM THE EPSON TOUR CHAMPIONSHIP
TOTAL MEDIA VALUE$3,166,099

PR MEDIA VALUE
PR / MEDIA VALUE $2,831,231DIGITAL VALUE $120,911ON-SITE & MARKETING VALUE $213,958 6 Over 1,015 articles mentioned the tournament, generating over $2.8M in value.

Auston Kim2023 Champion
2023 Earned Media Exposure

Page 55 of 73 ends

Articles mentioning the tournament reached 26 different countries and were written in 8 languages.

MEDIA COVERAGE
7 Source: Online Media Exposure- Meltwater Coverage; December 1, 2022- October 23, 2023. Includes mentions of “Epson Tour Championship" Over 1,015 articles mentioned the tournament, leading to over $2.8M in value.

Page 56 of 73 ends

8 Source: Digital- Google Analytics GA4; October 3-9, 2023Social- Zoomph; Posts that mention Epson Tour Championship or #EpsonTourChamp; January 1 – October 23, 2023Number of Total Engagements includes Total Interactions. Total impressions is only on owned handles.

DIGITAL – SOCIAL & WEBSITE
DIGITAL epsontour.comTotal Users 43,566Total Sessions 100,645Total Views 258,468 SOCIAL Epson Tour & Other SocialTotal Impressions 3,127,214Total Engagements 111,831Total Likes 55,914 TOP CONTENT:

Page 57 of 73 ends

9Source: Social- Zoomph; Posts that mention Epson Tour Championship or #EpsonTourChamp; January 1 – October 23, 2023 DIGITAL – SOCIAL & WEBSITEOTHER TOP SOCIAL POSTS BY ENGAGEMENTS:

Page 58 of 73 ends

10 TV EYESTV exposure generated over $23K. Outlets included The Golf Channel, among others.

Source: Peripheral TV Exposure – TV Eyes; January 1 – October 23, 2023. Includes mention of “Epson Tour Championship”

Page 59 of 73 ends

PRO-AM & MEET THE PROS PARTY
11 Epson executives, employees, customers, and guests enjoyed the Pro-Am experience duringtournament week.The Meet the Pros Party was held at the Daytona International Speedway the Tuesday before the tournament. Athletes and guests were able to get inside a racecar and do a “hot lap” around the track.

Page 60 of 73 ends

2023 “Race for the Card” Ceremony
12 10 LPGA Cards for awarded for the 2024 Season to 10 athletes from: United States, Mexico, Italy, South Korea, Malaysia, France and Australia. The Card Ceremony is followed by a celebration for the Athletes and their Families.

Page 61 of 73 ends

Epson Tour Championship Presented by Indian Wells
13 Championship Presenting Sponsorship – V1Tournament Assets:•City name incorporated into official tournament name and logo •City name and logo incorporated into all tournament collateral •Opportunity for City Officials to participate in tournament trophy ceremony•One (1) Press Release drafted and distributed by the Epson Tour announcing partnership•Two (2) Pro-Am teams in the official tournament pro-am (three amateurs per team)•Twenty (24) Invitations to the Meet the Pros Party•Seventy-Two (72) Four-day VIP Hospitality passes Thursday-Sunday of tournament week•On-site signage and branding to include two (2) Tee Signs throughout tournament week•Eight (8) Advertising units on daily live stream telecast (2 per day)•Daily content filmed, produced and distributed on Epson Tour digital platforms highlighting Indian Wells Resort and surrounding Community•Discounts on Pro-Am, VIP Hospitality, and Grounds Tickets for Indian Wells resident card holders, marketed through Indian Wells and Troon email lists•Dedicated City of Indian Wells Resident viewing area on 18th Green defined by Rope and Stake. If City would like to include chairs (versus bring your own), that is at City expense2024 Investment: $100,000

Page 62 of 73 ends

Epson Tour Championship Presented by Indian Wells
14 Championship Presenting Sponsorship – V2Tournament Assets:•City name incorporated into official tournament name and logo – e.g. “Epson Tour Championship at Indian Wells”•Official Tournament Logo including city name incorporated into all tournament collateral •Opportunity for City Officials to participate in tournament trophy ceremony•One (1) Press Release drafted and distributed by the Epson Tour announcing sponsorship•One (1) Pro-Am team in the official tournament pro-am (three amateurs per team)•Ten (10) Invitations to the Meet the Pros Party•Two (2) thirty second or longer pieces of content filmed, produced and distributed on Epson Tour digital platforms highlighting Indian Wells Resort and surrounding Community•Discounts on Pro-Am, VIP Hospitality, and Grounds Tickets for Indian Wells resident card holders, marketed through Indian Wells and Troon email lists•Dedicated City of Indian Wells Resident viewing area on 18th Green defined by Rope and Stake. If City would like to include chairs (versus bring your own), that is at City expense.2024 Investment: $50,000

Page 63 of 73 ends

Contact Info
Jody BrothersChief Business and Operating OfficerThe Epson [email protected](210) 355-328915

Page 64 of 73 ends

INDIAN WELLS CITY COUNCIL
November 2, 2023
To: City Council
From: City Manager Department
Prepared by: Chris Freeland, City Manager
Subject: Discussion Relating to Council Policy Manual Addressing Council’s Non-Participation in Administration of the City RECOMMENDED ACTIONS:

Council DISCUSSES and provides DIRECTION relating to Council Policy.

BACKGROUND:

At the October 19, 2023, meeting, Council Member Reed requested Council consideration to place an item on a future agenda to discuss and review the Council Policy relating to non-participation in administration of the City.

Section 2.03.060 of the Indian Wells City Council Policy Manual addressing Council’s non- participation in administration of the City:

To uphold the integrity of the Council-Manager form of government and to provide proper checks and balances, Members of the Council shall refrain from becoming directly involved in the administrative affairs of the City, which includes the Indian Wells Golf Resort, unless directed by a majority of the Council to participate in a specific policy or project.

The report included the following:
“On September 11 th Councilmember Ty Peabody submitted a memorandum requesting updates on various city projects and programs. On September 17 th City Manager Chris Freeland provided Councilmember Peabody and the entire City Council an update to Councilmember Peabody’s September 11th memorandum.

On September 30th Councilmember Peabody submitted a new memorandum following up on his original September 11th memorandum seeking additional information on the administration of various Public Works projects. Councilmember Dana Reed expressed his concerns with this memorandum, which he believes to be a violation of the non- participation rule in Section 2.03.060. Councilmember Reed has requested this alleged

Page 65 of 73 ends

violation be agendized for discussion by the City Council. A copy of Councilmember Peabody’s memorandums, City Manager Freeland’s email, and Councilmember Reed’s email are attached.”

During the October meeting, Council Member Peabody requested the item be placed on the November agenda for further discussion and in response to the matter.

Additionally, the City Council delegated a review of the Council Policy that addresses Council’s Non -participation in Administration of the City to the Governance Ad Hoc Committee. The Ad Hoc Committee will bring back recommendations or findings at a future meeting in 2024.

ATTACHMENTS:

1. Councilmember Peabody Memo Dated September 11, 2023

2. City Manager Freeland Email Dated September 17, 2023

3. Councilmember Peabody Memo Dated September 30, 2023

4. Councilmember Reed Email Dated October 5, 2023

Page 66 of 73 ends

ATTACHMENT #1
To: Chris Freeland
From: Ty Peabody
Date: September 11, 2023 ..

RE: Update on City Issues
Chris,
Valerie and I are leaving for Hawaii on Tuesday, September 12, and will return on September

23. Between now and then, I would like you to provide myself and the other Council members with an update regarding the following issues:
• Fairway Grille- I asked you for sales numbers by day since the Fairway Grille reopened.

Please get these numbers.
• It has been over 14 months and the construction (landscaping) has not been finished at the area opposite the first tee on Celebrity- status to complete. • It will be 12 months since th_e solar project was completed and it still does not work causing the City to lose an estimated $600,000...: are we suing or have we got a date to have the solar operational?
• What is the status on completing the Fairway Park?
• Why has the City not installed a temporary sidewalk in front of Vintage on Fairway? It has been over 3 years since the project was approved.
• Signage at Indian Wells Lane - it has been over a year and the installation of a new sign has not been completed. Excuses and further delays are unacceptable. • Please provide a status report on air conditioning issues and solar issues:
o What has been discovered?
o Action plan to complete ~
o Cost to complete both projects
• Any recommendations on public safety savings?
• Any discussion on possible sales tax increase?
• Status on discussion on reimplementing Architectural Committee? • List of Ad Hoc Committees and who are on these committees - status report on issues and discussions.
• Balance left on $15M bond.
• Update on safe streets.
• Status on Parson's case.
• For October agenda, I would like a discussion concerning redesign of proposed affordable housing plan for Highway 111.

Please be prepared to respond to these issues by September 23 . • I'>

Page 67 of 73 ends

1 Chris Freeland
From: Chris Freeland
Sent: Sunday, September 17, 2023 12:00 PM
To: Department Heads
Cc: Todd Leishman (BBK Law)
Subject: Peabody Memo of 9-11-23
Attachments: Councilmember Peabody Memo of September 11, 2023.pdf Mayor and City Council,
Councilmember Peabody submitted the following memo to me prior to his departure for Hawaii. Here are the responses. This did not require more than 2 of hours of my time to prepare this.

Have a great weekend,
Chris

1. Fairway Grill Numbers‐Yes the Fairway Grill was re‐opened on weekends in August. Data have been received by IWGR and will be sent to Council in a separate email.

2. Construction of area around Celebrity Hole #1. When the extra storage was created for the pavilion, areas around the storage facility were not put back to their original condition. We will work on that.I believe during the transition this was dropped from everyone’s radar. City and IWGR staff will regroup to get completed.

3. Solar Project continues to face supply issues. Our third party consultant says that the industry is beginning to see relief and remains optimistic. Siteloqic, the contractor, has not been as optimistic. Public Works met with Sitelogiq this week and is requesting a more thorough update. I too reached out to management and told them we need solutions. PW staff has denied change orders and payments until we resolve all issues. As we shared with Council, it is hard to seek damages/sue if we don’t know what the told damages are. Please let me know if you wish to discuss a possible Closed Session on the matter. Will keep you and the City Attorney in the loop as we get updates.

4. Fairway Park will have a Ground Breaking/Dedication on November 15th. Delayed due to supply issues for electrical components.

Will have a Grand Opening once we have better information on the arrival of all equipment.

5. The path along Vintage and Fairway was approved in this year's budget. The item from three years ago was for design work and not construction of a path. Public Works was instructed and is working on a temporary sidewalk along with Eldorado. I will ask Public Works to provide an update in an upcoming Friday memo.

6. Signage on IW Lane‐This has been answered before. Council approved funding for this fiscal year. Project is part of a larger pavement and signage for the IWGR and hotel partners (painted logos on asphalt). The project is in design. New sign will include ability to add language should Council change the Vue's name.

Please note that Public Works is overwhelmed right now. Prior to any storm damage recovery, PW spends significant amount of time completing several capital projects (e.g., streets) over the summer to reduce the impact on residents. Their workload was further increased with Winn's lack of attention to the two affordable housing properties and pulling PW staff to assist. Yes there have been delays that were unforeseen and PW staff is working as quickly on the various PW projects.

ATTACHMENT #2

Page 68 of 73 ends

2 7. Solar Units at IW Villas‐WIFI working and awaiting report from Renova on needs. Until full assessment is done, we do not know what needs to be repaired. Will report back to Council once we know on actions and costs. AC units are currently being replaced and repaired as needed. Will ask PW for an update.

8. Update on public safety savings‐I will ask Public Safety Com mittee to respond.

9. Update on possible sales tax measure‐I will ask Finance Committe to respond.

10. Discussion on reimplementing Architectural Committee‐I will ask Council Ad‐Hoc on Committee and Commissions to respond. They recently finished their meetings with Planning Commission on this matter.

11. List of Ad hoc Committees‐I believe these are the various Council Ad hoc Committees working on various issues:
‐City Committees/Commissions (Griffith/Whitman)‐Still meeting with the various resident committees and will report when completed.
‐Governance (Reed/Whitman)‐has not met, but does have a meeting schedule. ‐Measure J (Sanders/Whitman)‐has met with City Attorney and will be bringing back items for discussion in October/November.
‐Golf (Griffith/Sanders)‐In active since previous Council report.

12. Balance left on $15 million bond‐Will have Kevin provide an update to all of Council.

13. Status of Parsons‐City Attorney to provide update in Closed Session on October 12.

14. Safe Streets‐Public Works has hired a consultant to assist with community engagement to begin in October/November. This work being done with grant to review safety of entire city. Will ask PW to provide any further updates.

15. Affordable housing on Hwy 111‐As previously shared. The design for the channel is not complete. It is premature to redesign the project on Hwy 111 until a design is finalized. Genton just closed on the Brixton site and is motivated to move the project forward. It will take a minimum of a few months to complete the design. Recommend we wait until 2024 to discuss. If you wish to agendize it would come back at a Housing Authority meeting. Perhaps at Strategic Planning in early 2024?

Hope this update is helpful. Those outstanding items from Ken and Kevin will be provided to Council when I return from Sacramento.

Chris

Page 69 of 73 ends

To: Chris Freeland
"13 1{}-*5 *rriJ5:1I
From Ty Peabody
Dater September 30,2023
I will only respond to certain sections of'your response to my m,enlo dated Septemher tL'2023.

My overall take away from your response is that there is a lack of sense of urgericy tp complete specific projects:

Solar Project - no further along on this issue than months ago - no actions apparently taken against Sitelogic. Not even a legal letter of a failure to perforrn.

Allowing construction area adjacent to tee on Celebrity One not put back to original condition. This certainly does not meet a "first class operation" standard. lmmediate action should be taken.

Signage lW Lane - lt doesn't take over 1/zyears to design and install a sign. Tommy Baharnas's sign is being installed now not !lryears later. I have been responsible for over 600 signs installed over my career. Never took this long!! Path Fairway and Vintage - The failure to do this project by now is inexcusable. lt was approved years ago and evgn Greg Sanders at one meeting recently said get the project completed. lt doesn't even require design work. What it does take is a sense of urgency and following Council's direction.''How could the sidewalk at Vicky's get done before Fairway? The area in front of the Vintage does not reflect well on the City. Take a look at Eldorado's area and how well maintained it is.

Finally, I still do not have the following: t
o Sales/revenue Fairway Grille (August and September)
o Balance left on band and what is City's intention with balance ATTACHMENT #3

Page 70 of 73 ends

1 Chris Freeland
From: Dana Reed
Sent: Thursday, October 5, 2023 5:23 PM
To: Donna Griffith; Chris Freeland
Cc: Todd Leishman (BBK Law)
Subject: Council Member Peabody Memo
Mayor Griffith & Chris:

Earlier today we received a copy of a memo from Council Member Peabody addressed to City Manager Chris Freeland lamenting an alleged “…lack of urgency to complete specific projects.”
I am troubled by Council Member Peabody’s habit of involving himself in administrative decisions properly made by our City Manager and his staff.

For example, he expresses displeasure that no “legal letter” has been sent to SitelogicIQ for its failure to install specialized solar equipment which city staff has determined is simply not available to anyone at this time. Absent a Council policy determination, the decision to send or not send a letter, and when to do so, is clearly an administrative decision to be made by the City Manager after consulting the City Attorney. If Council Member Peabody wants a letter sent, he should place the matter on a Council agenda where we can decide.

Council Member Peabody then complains that the construction area adjacent to Celebrity One has not yet been returned to its original condition. Again, when and how to handle this situation is clearly an administrative decision, not the purview of a single Council Member.

Next, he is flummoxed because the signage on IW Lane has not been completed. He implies that best practices concerning the awarding of public contracts give way to his decades of installing signs for the private sector. Again, unless the City Council wishes to intervene, this is not a policy decision, it is a combination of administrative action and state law.

ATTACHMENT #4

Page 71 of 73 ends

2 He claims it is “inexcusable” that his favorite project, a pathway on Fairway Drive, has not been completed to his liking. Again, absent a Council vote to the contrary, the timeline for completing projects is an administrative decision. The mere fact that Council Member Peabody is personally enamored with this project is not sufficient to cause it to leapfrog over other worthwhile projects in the city.

He continues to demand financial information, in excruating detail, about sales at The Vue. The fact that he has a familial interest in a competing restaurant makes this demand for detail even more troubling.

Section 2.03.060 of the city’s Policy Manual states as follows:

To uphold the integrity of the Council‐Manager form of governme nt and to provide proper checks and balances, Members of the Council shal l refrain from becoming directly involved in the administrative affairs of the City, which includes the Indian Wells Golf Resort, unless directed by a majority of the Council to participate in a specific policy or project.

I acknowledge, pursuant to the policy section cited above, Council Member Peabody’s actions are proper, if he is directed to do so by a majority of the Council.

Accordingly, please consider this email the required 14 day notice requesting that this matter be placed on the agenda at the October 19, 2023 meeting of the City Council where we can discuss this issue and vote whether or not to authorize Council Member Peabody to continue to be directly involved in these administrative matters.

Sincerely,

Dana Reed

bcc: City Council

Page 72 of 73 ends

3 .

The views expressed in this email are those of the sender alone, acting and communicating individually.

They do not necessarily represent the official views of the City of Indian Wells.

Page 73 of 73 ends

Indian Wells City CouncilNovember 2, 2023

Indian Wells City Council
November 2, 2023