CITY COUNCIL MEETING MINUTES
Thursday, December 7, 2023
1:30 p.m.
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Present: Mayor Griffith
Mayor Pro Tem Sanders
Council Member Peabody
Council Member Whitman
Council Member Reed
_________________________________________________________________ A.CONVENE THE CITY COUNCIL AND SUCCESSOR AGENCY JOINT
MEETING, PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Griffith convened the City Council Meeting at 1:30 p.m. on December 7, 2023, in the City Hall Council Chamber
Mayor Griffith recognized December 7as National Pearl Harbor Remembrance Day.
B.APPROVAL OF THE FINAL AGENDA
Mayor Griffith stated on behalf of staff that an emergency item was requested to be included on Consent Calendar- California Office of Emergency Services Designation of Applicant's Agent Resolution. Mayor Griffith stated that there is an immediate need to add to the agenda, and the city received notification after the agenda posting.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Approve the Agenda as Amended with the addition of emergency item. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
Council/Successor Agency Minutes- December 7, 2023
2 C. REORGANIZATION OF CITY COUNCIL
C.1 Presentation of Mayor's Plaque to Donna Griffith
Mayor Griffith thanked her husband Don Griffith, son Bryce Griffith, Susan Holmes, community, and city staff for their continued support. Mayor Pro Tem Sanders on behalf of Don Griffith read his statement. The City Council congratulated Mayor Griffith for her role as Mayor, advocate for the success of various projects and leadership.
C.2 Mayor and Mayor Pro Tem Oath of Office
City Clerk Angelica Avila administered the Oath of Office to Mayor Greg Sanders. Mrs. Ginny Whitman administered the Oath of Office to Mayor Pro Tem Bruce Whitman.
C.3 Remarks and Introduction of Guests
Mayor Greg Sanders presented an overview of the Mayoral succession ordinance and anticipates the Council's efforts to work together as a team.
Mayor Pro Tem Bruce Whitman expressed eager anticipation of working with Mayor and residents. Councilmember Reed expressed his gratitude to former Mayor Rob Bernheimer, Douglas Hanson, and Larry Spicer for joining the Council in the Mayor and Mayor Pro Tem transition.
D. RECESS CITY COUNCIL FOR 15 MINUTES
Mayor Sanders stated that the City would break for 15 minutes.
E. RECONVENE REORGANIZED CITY COUNCIL AND ROLL CALL
At 2:08 p.m., Mayor Sanders convened the Joint City Council and Successor Agency meeting in the City Hall Council Chamber.
Present: Council Member Donna Griffith
Council Member Dana Reed
Council Member Ty Peabody
Mayor Pro Tem Bruce Whitman
Mayor Greg Sanders
Council/Successor Agency Minutes- December 7, 2023
3 F. PROCLAMATIONS AND PRESENTATIONS
F.1 Introduction of New Building Inspector I/Code Enforcement Brian Pelletier and Receptionist Melissa Arreguin
Community Development Director Jon Berg introduced Building Inspector/Code Enforcement Officer Brian Pelletier. City Clerk Angelica Avila introduced Receptionist Melissa Arreguin.
G. PUBLIC COMMENTS
Mr. Martin Lax, resident, requested that the Council consider extending the Resident Benefit Card qualification to 26 years of age. Mr. Joel Gamel, a resident, expressed concerns regarding public safety on the City boundary in the corner of Albertson's market located in Palm Desert.
H. CITY MANAGER'S REPORTS
City Manager Chris Freeland reported that Indian Wells Winterfest is being held through January 1, 2024. Mr. Freeland reported that Community Development Director Jon Berg's family member has qualified for the Ladies Professional Golf Association tournament.
I. CITY ATTORNEY REPORTS AND COMMENTS
No reports.
J. SUCCESSOR AGENCY CONSENT CALENDAR
J.1 Resolution Approving the Annual Recognized Obligation Payment Schedule 2024-25
It was determined to ADOPT Resolution No. 2023-01 to read as follows:
RESOLUTION SA NO. 2023- 01
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED
REDEVELOPMENT AGENCY OF THE CITY OF INDIAN WELLS,
CALIFORNIA, APPROVING AND ADOPTING A DRAFT OF THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177(l); and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(e) (3) of the guidelines.
Council/Successor Agency Minutes- December 7, 2023
4 A motion was made by Council Member Reed, seconded by Council Member Griffith to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K. CITY COUNCIL CONSENT CALENDAR
Councilmember Reed stated that the City Clerk had an update on the agenda posted on Monday December 4, 2023, and the changes are reflected on the Consent Calendar.
K.1 Fairway Park Deed Restriction
It was determined to APPROVE a Deed Restriction for the Fairway Park project as required by the Prop 68 Per Capita Grant funding that was approved by City Council Resolution 2021-42.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K.2 Subsequent 1-Year Agreement Extension with De Novo Planning Group for Comprehensive General Plan Update and CEQA
Documentation
It was determined to AUTHORIZE and DIRECT the City Manager to execute a subsequent one (1) year extension to the Professional Services Agreement with De Novo Planning Group for the preparation and development of the Comprehensive General Plan Update and required environmental documentation.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
Council/Successor Agency Minutes- December 7, 2023
5 AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K.3 Planning Commission Resolution Recommending Approval of Variance No. 2023-0002 for 45891 Club Drive and Finding the Project Exempt from CEQA
It was determined to RECEIVE and FILE Resolution No. PC 2023-09, in concurrence with the Planning Commission Recommendation to approve Variance No. 2023-02 to allow encroachment into the front yard setback for a new 314 square foot garage extension to an existing residence located at 45891 Club Drive (APN 633-260-046); and
FIND 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.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K.4 2024 City Council Meeting Schedule
It was determined to ADOPT the 2024 City Council meeting schedule as presented.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
Council/Successor Agency Minutes- December 7, 2023
6 K.5 2024 City Council Assignments to Various Internal and External Committees
It was determined to APPROVE the 2024 City Council Committee Assignments.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
***K.5.1 Revised Attachment City Council Assignments
K.6 City Council Members Attendance at 2024 Events
It was determined to APPROVE the attendance of Council Member/s at 2024 events identified in the staff report; and
AUTHORIZE any normal and reasonable reimbursement of expenses incurred by any Council Member for the events identified in the staff report.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
***K.6.1 Revised Report City Council Member Attendance at Events
K.7 Council Ad Hoc Governance Committee Representative
It was determined to APPROVE the change of the Ad Hoc Committee Representative from Councilmember Reed to Mayor Sanders.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
Council/Successor Agency Minutes- December 7, 2023
7 AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K.8 Annual Developer Impact Fee Report
It was determined to APPROVE the Annual Developer Impact Fee Report submitted for the Fiscal Year 2022-23.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K.9 Annual Financial Report for the Fiscal Year Ending June 30, 2023 It was determined to RECEIVE and FILE the City’s Annual Financial Report for the fiscal year ending June 30, 2023.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Receive and File Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
K.10 City Treasurer’s Report for September 2023
It was determined to RECEIVE and FILE the City Treasurer’s Report for September 2023.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Receive and File Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
Council/Successor Agency Minutes- December 7, 2023
8 K.11 City Treasurer’s Report for October 2023
It was determined to RECEIVE and FILE the City Treasurer’s Report for October 2023.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Receive and File Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
***K.12 EMERGENCY ITEM ADDED -California Office of Emergency Services Designation of Applicant’s Agent Resolution
It was determined to ADOPT Resolution No. 2023-40 to read as follows:
RESOLUTION NO. 2023-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, DESIGNATING THE CITY OF INDIAN WELL’S
AUTHORIZED AGENTS FOR NON-STATE AGENCIES AS REQUIRED
BY THE CALIFORNIA OFFICE OF EMERGENCY SERVICES.
A motion was made by Council Member Reed, seconded by Council Member Griffith to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
L. PUBLIC HEARINGS
L.1 Ordinance Amending City’s Zoning Code Relating to City Landscape Requirements and Finds the Action Exempt from CEQA
Community Development Director Jon Berg presented an overview of the proposed landscape ordinance and the series of meetings held to develop new ordinance.
Council/Successor Agency Minutes- December 7, 2023
9 A clarification was made regarding the landscape architect requirement that applies to properties over 2,500 square feet. Councilmember Griffith suggested a kiosk at City Hall to showcase a video with the landscape requirements. Councilmember Peabody expressed concerns about the residents who are in violation and suggested flexibility be given to the residents during the enforcement process. Ms. Berg provided a description of non-functional turf.
Mayor Sanders opened the Public Hearing at 3:11 p.m. to hear public testimony in favor or against Ordinance.
Mr. Greg Alvarado, a representative from Coachella Valley Mosquito and Vector Control District, expressed his support for the proposed ordinance and expressed his gratitude for the City's collaboration in considering their recommendations.
At 3:13 p.m., Mayor Sanders closed the public hearing.
Councilmember Peabody cautioned against artificial turf option as the State's intention is to eliminate artificial turf. Mayor Pro Tem Whitman expressed his support for allowing residents to create landscape plans and suggested planning staff work with residents on what landscape is appropriate. Councilmember Griffith expressed concerns about residents who received a citation and requested clarification on the process to address those residents.
Councilmember Reed suggested that the ordinance should be taken into consideration if there is no community opposition or concerns. Mayor Sanders spoke in support of allowing the Homeowner Associations to govern their own landscape standards and suggested delegating further review of the three optional policies to the Planning Commission as outlined in the presentation. City Attorney Todd Leishman clarified the implementation of the ordinance as it relates to Homeowner Associations.
Councilmember Griffith suggested notifying the residents that are non- compliant of the delay in adopting the new landscape ordinance.
It was determined to AUTHORIZE staff to inform residents with landscape violations of the temporary suspension.
A motion was made by Councilmember Peabody, seconded by Councilmember Griffith to Approve the Recommendation. The motion
Council/Successor Agency Minutes- December 7, 2023
10 carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
It was determined to AUTHORIZE the Planning Commission to review landscape ordinance and policy options two and three to be incorporated into the proposed ordinance.
A motion was made by Councilmember Griffith, seconded by Councilmember Peabody to Approve the Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Peabody, Reed, Sanders
NOES: 1 - Whitman
M. GENERAL BUSINESS
M.1 Living Desert Funding Opportunity
Finance Director Kevin McCarthy provided a background on the Living Desert Funding Opportunities. Mr. Allen Monroe, Living Desert Chief Executive Officer, reported on the economic impacts, future capital improvements and new programing for the community. Mr. McCarthy outlined the City Funding Policy and presented an opportunity for a comprehensive community participation, public hearing, and survey. There was discussion and support to organize a community meeting to discuss funding. Councilmember Griffith stated the importance of naming rights as a component for approving funding. Mr. Sam Spinello, resident, spoke in support of funding the Living Desert and thanked outgoing Mayor Griffith.
It was the CONSENSUS of the Council to AUTHORIZE the Finance Committee to review the funding request and present a recommendation to the Council at a future meeting.
M.2 Sponsorship for Desert International Horse Park
Senior Management Analyst Micaela Wilkey provided a background on the Desert International Horse Park sponsorship request and highlighted key sponsorship benefits. Councilmember Reed requested a return-on- investment analysis for sponsorship requests and recommended the
Council/Successor Agency Minutes- December 7, 2023
11 request be reviewed by the Marketing Committee. Councilmember Peabody expressed opposition to the sponsorship request. Mayor Pro Tem Whitman provided a background on his experience with International Horse Park and expressed his support for sponsorship. Councilmember Griffith stated that the Finance Committee at the request of the Hotel partners reviewed the sponsorship and suggested that the Marketing Committee review request.
It was determined to AUTHORIZE the Marketing Committee to review the sponsorship request and report back to the City Council at a future meeting.
A motion was made by Councilmember Griffith, seconded by Councilmember Reed to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
N. COUNCIL MEMBER'S REPORTS AND COMMENTS
N.1 COUNCIL MEMBER GRIFFITH
Council Member Griffith reported Miramonte Resort & Spa is offering an Indian Wells Winterfest package. Ms. Griffith reported CVAG Executive Committee accepted a $50 million grant. Ms. Griffith reported CVAG Conservation Commission is focusing on maintaining land through maintenance.
Ms. Griffith reported Community Activities is working on an author series and short film events. Ms. Griffith reported Indian Wells Golf Resort Advisory Committee conducted a tour of each golf course. Ms. Griffith further stated that Indian Wells Preservation Foundation conducted the 6th historical inaugurations at Casa Dorado and encouraged the community to join the foundation.
N.2 COUNIL MEMBER REED
Councilmember Reed reported League of Cities has adopted a legislative plan that includes safeguarding local revenue funding, strengthen climate and disaster preparedness, improve public safety, expand investments, prevent, and reduce homelessness, and increase the supply of affordable
Council/Successor Agency Minutes- December 7, 2023
12 housing. Mr. Reed reported Riverside County Transportation Commission continues to fund projects.
N.3 COUNCIL MEMBER PEABODY
Councilmember Peabody stated that the Coachella Valley Animal Campus continues to work towards relocating sheltered animals in homes.
N.4 MAYOR PRO TEM WHITMAN
No reports.
N.5 MAYOR SANDERS
Mayor Sanders stated that Coachella Valley Economic Partnership Executive Director has announced his retirement.
O.ADJOURNMENT
At 4:13 p.m., Mayor Sanders ADJOURNED the City Council Meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on January 18, 2024, in the City Hall Council Chamber.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk