Indian Wells City Council
January 18, 2024

CITY COUNCIL
Meeting Agenda

Thursday, January 18, 2024
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Teleconference location for Councilmember Griffith: 5329 Office Center Court #120, Bakersfield CA 93309

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 GREG SANDERS

MAYOR PRO TEM BRUCE WHITMAN

COUNCIL MEMBER TY PEABODY

COUNCIL MEMBER DANA REED

COUNCIL MEMBER DONNA GRIFFITH
B.APPROVAL OF THE FINAL AGENDA
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Riverside County Fire Update by Division Chief Mike Beverlin C.2 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 - January 18, 2024

G.1 Annual Review of FPPC Gift Restrictions, City Ticket Distribution Policy, and City Campaign Contribution Reporting Requirement 8 RECOMMENDED ACTION:

Council RECEIVES and FILES information report.

G.2 City Treasurer’s Report for November 2023 38
RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for November 2023.

G.3 Resolution Approving Modifications to the Resident Benefit Card Program
58 RECOMMENDED ACTION:

Council ADOPTS Resolution amending the Policy for issuance of Resident Benefit Cards.

G.4 Award LippertConstruction West Drop Structure Repair Project 77 RECOMMENDED ACTION:

Council AWARDS contract to Lippert Construction for $3,314,314 for the West Drop Structure Repairs; and
AUTHORIZES and DIRECTS the City Manager to execute an
agreement for the same; and
AUTHORIZES the City Manager, or designee, to allocate insurance funds to the Public Works Capital Improvements account.

G.5 Signal Modification Supplemental Funding Request 82 RECOMMENDED ACTION:

Council APPROVES Supplemental appropriation for $40,000 from the City’s Capital Improvement Fund to participate in a pilot safety program related to Traffic Signals along Fred Waring Drive.

G.6 Acceptance of Highway 111 Rehabilitation Project 84 RECOMMENDED ACTION:

Council APPROVES acceptance of the Highway 111 Rehabilitation project as complete.

City Council Meeting Agenda - January 18, 2024

H.PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing. At that time the applicant will be allowed five (5) minutes to make a presentation on the case.

Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

H.1 Ordinance Amending the City’s Zoning Code Relating to City Landscape Requirements and Finding the Action Exempt from CEQA 103
RECOMMENDED ACTION:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
FINDS that the ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15304, where the proposed amendment consists of minor public or private alterations to the condition of land, water or vegetation as there is no possibility the activity in question will have a significant effect on the environment; and
INTRODUCES Ordinance to be read by title only and further reading waived, amending Sections 21.60.020, 21.60.080, 21.90.030 and adding Section 21.60.085 to the Zoning Code relating to the City’s landscape regulations.

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.

City Council Meeting Agenda - January 18, 2024

I.1 Living Desert Funding Opportunity 195
RECOMMENDED ACTION:

Council DISCUSSES provides DIRECTION; and
APPROVES Funding Consideration for The Living Desert Zoo and Gardens; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I.2 Measure J Council Ad Hoc Committee Update 254
RECOMMENDED ACTION:

Council RECEIVES and FILES the Measure J Council Ad Hoc Committee report.

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 GRIFFITH
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 J.2 COUNCIL MEMBER REED
California Joint Powers Insurance Authority
CVAG Transportation Committee
Indian Wells Marketing Committee
Riverside County Transportation Commission
Southern California Association of Governments
City Council Meeting Agenda - January 18, 2024

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 WHITMAN
Coachella Valley Economic Partnership
Coachella Valley Mountains Conservancy
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Marketing Committee
Indian Wells Personnel Committee
Indian Wells Public Safety
Indian Wells Tee Committee
J.5 MAYOR SANDERS
Cove Communities Services Commission
CVAG Executive Committee
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
Visit Greater Palm Springs
City Council Meeting Agenda - January 18, 2024

K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on February 15, 2024, in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on January 12, 2024, I caused to be posted a notice of a City Council Meeting to be held on January 18, 2024, 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 - January 18, 2024

From:Angelica Avila
To:Francis Fernandez
Subject:RE: Written Public Comment Submission: South Coast AQMD Clean Air Awards + WAIRE Reporting Deadlines Date:Friday, January 19, 2024 2:39:34 PM
Hello, Francis,
Public Comment was received and provided to the Council and included as part of the agenda records.

Angelica
From: Francis Fernandez
Sent: Tuesday, January 16, 2024 9:57 AM
Subject: Written Public Comment Submission: South Coast AQMD Clean Air Awards + WAIRE Reporting Deadlines
Good morning,
On behalf of the South Coast AQMD, I would like to submit the following 2 attachments as part of the written public comment portion of the next city council meeting.

The first attachments highlights our open nomination period for South Coast AQMD's Clean Air Awards through January 19th to honor those across the region who have helped to improve the air we breathe. The 34th Annual Clean Air Awards will recognize achievements in the following categories:

S. Roy Wilson Award for Leadership in Government
Robert M. Zweig, M.D., Memorial Award
Dr. William A. Burke Award for Leadership in Environmental Justice John J. and Ben J. Benoit Award for Innovative Clean Air Technology Leadership in Air Quality
Youth Leadership in Air Quality
Submitted Public Comment:
01/18/2024

The second attachment highlights our January 31st Deadline for owners and operators of warehouses located in South Coast AQMD’s jurisdiction with greater than or equal to 100,000 square feet of indoor floor space to submit reporting info in accordance to Rule 2305 – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program to reduce emissions of nitrogen oxides and diesel particulate matter from warehouses.

Thank you,
Francis Fernandez
Sr. Public Affairs Specialist / Social Media Coordinator Legislative, Public Affairs and Media Department
_____________________________________
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765
(909) 396-3265 | [email protected]
@SouthCoastAQMD: Facebook | Twitter | Instagram
P Please consider the environment before you print this email.

Public Comment: January 18, 2024
City Council Meeting

.�
Peabody had served as Mayor Pro Tem years ago Whitman should be the Mayor Pro Tem. He then couched his opinion with considerable ambiguity, Innuendo, and supposition. As an example Leishman uses "scarcity" of opportunity to serve as Mayor as part of his rationale to prevent Peabody from serving as Mayor Pro Tem. That dog does not hunt because Whitman would be able to serve in his four-year term regardless of when he serves as Mayor Pro Tem, 2024 or 2025.

He brushes over the existing ordinance language wherein it clearly states, "Current Continuous Membership". Current meaning this current term that began in 2023. Because Mr. Peabody had set out two years, his new current cycle begins at the same time as Whitman and therefore should be the next Mayor Pro Tem.

What should've happened when Whitman objected to Leishman's opinion, the issue should have been submitted to an independent third party, such as the JAMS organization to render an independent decision just as they did in 2012. In 2012, a similar situation occurred and the City Attorney at that time, Steve Deitsch along with the City Manager Rod Wood, and the Council agreed, that an independent third -party should make the decision taking politics and biases out of the process.

Obviously, that didn't happen this time, because of the make of the city Council and the politics that is constantly being played out in the city. I hope that Mr. Peabody will run for reelection next year. Where, at that time without question he would become the Mayor, Pro Tem, and then Mayor the following year, that is, if the council decides to let him run. A court has previously ruled. that he does have the legal right to run due to the fact the existing ordinance did not apply to members of the council who had served prior to the existing ordinance. We will need to wait and see if the Council tries to prevent Mr. Peabody from running in 2024 if he chooses to run, I for one, hope he does. No one is more dedicated to the city of Indian Well than Councilmember Ty Peabody.

Douglas Hanson

Indian Wells Fire Department
Quarterly Report
CAL FIRE / Riverside County Fire Department
Division Chief Mike Beverlin
Presentation: January 18, 2024
City Council Meeting

•Fire Department calls for service from 10/1/2023 to 12/31/2023. •Comparison of calls from the previous call period.
•Significant Fire Department events in Indian Wells.

Presentation Outline

Fire Department Calls for Service
- 333 total number of calls
- 227 Medical (68%)
- 59 False Alarms
- 17 Public Service Assists
- 21 Traffic Collisions
- Total number of calls for the
quarter in 2022: 370
(-10% in 2023)

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Fire Department Calls for Service at Indian
Wells Hotels
•Hyatt Grand Champions- 16
•Renaissance Esmerelda- 6
•Tommy Bahama Miramonte Resort- 2
•Indian Wells Resort- 4

Significant Events in Indian Wells
Ironman Event on 12/3/23:
▪Two calls for service with one transport. One bystander suffered a cardiac event. An RSO Deputy performed CPR and delivered two shocks with an RSO-issued AED machine. Medic 255 arrived on the scene with Engine 55 and Engine 93. The patient was transported code three to EMC. Last we heard, the patient will make a full recovery. Hats off to the responding deputy.

Incident Response:
▪CAL FIRE / Riverside County Fire Department was dispatched to a vehicle into a building. Engine 55 reported a small passenger vehicle into a single-family residence. The solo occupant of the car was uninjured, and nobody was home at the time of the incident. The building sustained major damage to the front entrance and living room. The incident was turned over to RSO for investigation

Questions?

Riverside Sheriff –Indian Wells
Presentation: January 18, 2024
City Council Meeting

Riverside Sheriff –Indian Wells
➢12,780 total file numbers drawn as of December 31, 2023 •2,998 calls for service
•9,782 self-initiated file numbers drawn (Follow-ups, citations, area checks) •509 reports written
•117 total arrests made
•37 DUIs
•7 Narcotics
•20 Public intoxication
•32 Warrant arrests
•2 Trespassing
•5 Domestic violence
•7,882 area checks were conducted

Riverside Sheriff –Indian Wells
➢Traffic Collisions Year-to-Date as of 12/31/23 = 130
•0 Fatal
•0 Major injury
•40 Minor-injury
•90 Non-injury
➢Traffic Citations Year-to-Date = 1,506
•37 DUI Arrests

Riverside Sheriff –Indian Wells
➢Uniform Crime Reporting Data YTD Comparison as of 12/31/23 Crime 2021 YTD 2022 YTD 2023 YTD
Homicide 0 0 0
Rape 0 2 1
Robbery 1 2 1
Aggravated Assault 2 7 3
Total Violent Crimes 3 11 5
Burglary 27 32 25
Auto Theft 17 13 4
Larceny 88 97 90
Total Property Crimes 132 142 119
Total Part 1 Crimes 135 153 124 -19% from 2022

Operations/Project Updates
Speed and loud exhaust enforcement on Hwy 111, Fred Waring and Fairway
11/30/23 –The Valley Motor Enforcement Team conducted a speed operation and issued 49 citations throughout the city.

26529.00000\41914253.2

INDIAN WELLS CITY COUNCIL
January 18, 2024

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Annual Review of FPPC Gift Restrictions, City Ticket Distribution Policy, and City Campaign Contribution
Reporting Requirement

RECOMMENDED ACTIONS:

Council RECEIVES and FILES information report.

BACKGROUND:

Resolution No. 2022-36 requires the Council to conduct a review of applicable law and City policies pertaining to (a) the acceptance of gifts and (b) the City’s acceptance and distribution of tickets to sports, entertainment, charity, and similar events at the first meeting following the annual Council reorganization. This year’s report also briefly discusses changes in campaign-related disclosures that took effect last year. Relevant policies are attached to the report.

The City of Indian Wells (“City”) and its officials occasionally receive free tickets and passes from outside organizations. Under the Political Reform Act of 1974 (the “PRA”) and accompanying Fair Political Practices Commission (“FPPC”) Regulations, these tickets and passes can be reportable gifts to the City, or to the officials, depending on the circumstances. The purpose of this memorandum is to guide City officials in determining how to classify and handle the tickets and passes under applicable law.

This memorandum begins with a discussion of how to handle tickets or passes given directly to the official and ends with a discussion of how to handle tickets or passes given to the City itself.

26529.00000\41914253.2

I. Rules for Tickets or Passes Given Directly to an Official1

1. Generally, when tickets or passes are given directly to an official, rather than to the City itself, the official must comply with FPPC regulations on gifts.2
a. The tickets/passes are subject to disclosure by the official on a Form 700 if the cumulative value is $50 or more.
b. Officials cannot accept a gift or gifts from a single source with an aggregate value of $590 or more in a calendar year
i. To effectively refuse acceptance of or return a gift, the official must:
(1) refuse the gift, (2) return the gift to the donor, (3) donate the gift, unused, to a 501(c)(3) with which the official or their immediate family holds no position, or to a government agency, without being claimed for tax purposes, or (4) reimburse the donor for the full value of the gift, or a portion thereof, but any unreimbursed portion of the value constitutes a gift. (FPPC Regulations § 18941.)
ii. Generally, to relieve an official of an otherwise disqualifying financial interest, the official must take the above actions within 30 days of receipt and before participating in the decision the official has a conflict in. (FPPC Regulations § 18941.)
c. Any gift or combination of gifts from a single donor valued at $590 or more received in the 12 months before the governmental decision affecting that donor is made creates a disqualifying conflict of interest under the PRA. (Gov. Code § 87103(e))

2. There are special rules for tickets to political or charitable fundraisers given directly to an official.3
a. Exception 1: 501(c)(3) Organization Fundraiser

1 FPPC Regulations §§ 18940–18946.5
2 FPPC Regulations §§ 18940, 18940.2
3 FPPC Regulations § 18946.4

26529.00000\41914253.2

i. An official may accept two tickets or invitations per event from a 501(c)(3) organization. The tickets/invitations are deemed to have no value and are therefore not reportable.
ii. Additional tickets/invitations provided to or controlled by the official, and any tickets not provided directly by the 501(c)(3) organization to the official are valued as specified below.
b. Exception 2: Political Fundraiser
i. An official may accept two tickets or invitations per event for a fundraising event from, and by, a political committee (as defined in Section 82013(a) or a comparable committee under federal law or laws of another state) or candidate; these tickets/invitations are deemed to have no value and are therefore not reportable. ii. Additional tickets/admissions by invitation provided to or controlled by the official and any tickets not directly provided by the committee/candidate to the official are valued as specified below. c. Tickets to Nonprofit Fundraiser That Do Not Fall Into Above Exceptions i. Tickets to events held by nonprofits that do not fall within the above exceptions are gifts with special valuation rules. Such tickets are valued as follows:

1. If the ticket clearly states a portion of the ticket price is a donation to the organization, or the organization provides information indicating the portion of the ticket price that constitutes a donation, the value of the ticket is the
nondeductible portion of the admission.

2. If there is no ticket or information provided by the organization indicating the nondeductible portion of the admission, the value of the admission is the official’s pro rata share of the cost of food, catering services, entertainment, and any other item provided to the official which is available to all guests attending the event. Any other specific benefit provided to the official at the event (like golf green fees) is valued at fair market value.

26529.00000\41914253.2

3. There are also other common exceptions which are not reportable gifts to officials.4
Some common exceptions include:
a. Gifts given to the City itself, instead of directly to the official, as discussed below.
b. Gifts returned unused to donor, or reimbursed to the donor, or donated unused, to a 501(c)(3) with which the official or their immediate family holds no position, or to a government agency, without being claimed for tax purposes, within 30 days, per FPPC Regulation 18941. c. Gifts from family members.
d. Equivalent-value gifts exchanged on holidays, birthdays or similar occasions (other than lobbyists).
e. Reciprocal exchanges in a social relationship between an official and another individual (other than lobbyists), so long as the total value of payments received by the official within the calendar year is not substantially disproportionate to the amount paid by the official, and so long as the value of any single payment is less than $590.
f. Admission to a paid-admission event where the official makes a speech, and the admission is provided by the event organizer.
g. Tickets to an official and one guest to an event for entertainment, recreational, or similar purpose where the official performs a ceremonial role on behalf of the City. In this situation, the City reports the distribution on FPPC Form 802 as discussed below.

II. Rules for Tickets/Passes Given to Directly to the City and Distributed to Officials by the City5
Tickets or passes given directly to the City, which the City distributes to officials, may not be considered gifts to the official and may instead be reportable by the City, depending on the circumstances. The City has a ticket distribution policy (“Ticket Distribution Policy”)

4 FPPC Regulations § 18942
5 FPPC Regulations § 18944.1

26529.00000\41914253.2

governing the distribution of tickets and passes to officials.

The following rules apply to tickets/passes given directly to the City, which the City distributes to officials:

1. Tickets or passes distributed to, or at the behest of, an official of the City are not considered gifts to an official under the PRA in the following three situations:
a. First: The tickets are distributed and used in accordance with the City’s Ticket Distribution Policy, where:
i. The distribution serves a public purpose.
ii. The distribution is reported by the City on FPPC Form 802 pursuant to the Policy.
iii. The ticket or pass is not earmarked by an outside source for use by a specific official; and
iv. The City determines in its sole discretion who uses the ticket or pass. b. Second: The public official claims the ticket as income for federal income tax purposes, and the City reports them as taxable income. c. Third: The official reimburses the City for the face value of the ticket within 30 days of receipt.

2. Ticket Transfers Are Not Allowed. The official may not transfer tickets or passes distributed to them from the City under the City’s Ticket Distribution Policy, except to the official’s immediate family or to one guest solely for their attendance at the event

3. A Public Purpose Is Required. To avoid a gift to the receiving official, the City’s distribution of tickets and passes pursuant to the Ticket Distribution Policy must serve a public purpose of the City.
a. These public purposes can be found in the City’s Ticket Distribution Policy, which sets forth many specific public purposes served by distribution of tickets.

26529.00000\41914253.2

b. Distributing a ticket or pass to an official – other than a member of the City Council, the City Manager, a political appointee, or department head – for the official’s personal use to support general employee morale, retention, or to reward public service is deemed to serve a public purpose. i. “Personal use” is limited to the official and the official’s family, or no more than one guest.

4. Other Incidental Benefits Are Still Gifts to the Official. The gift exemption for officials receiving tickets from the City only applies to the benefits an official receives from the ticket or pass (those which are provided to all members of the public with the same class of ticket or pass). Benefits received by an official which are not included with admission, including food, beverages, and other items presented to the official at the event, are likely reportable gifts.

5. City Reporting is Required. When the Ticket Distribution Policy is used, the City must file a Form 802 with the FPPC within 45 days of distributing tickets or passes pursuant to its Ticket Distribution Policy. Otherwise, the official who received the tickets or passes must consider them a “gift” under FPPC rules and follow the separately applicable gift limit and reporting rules.
a. If an official received a ticket or pass for the oversight or inspection of facilities, the official must provide the City with a written inspection report of their findings and recommendations which the City must include with the Form 802.
b. If the ticket or pass is distributed to a department or other unit of the City, and is not used by a member of the City Council, the City Manager, any political appointees, or department heads, the City can simply report the name of the department or unit that received the ticket or pass (and the number of tickets/passes provided) instead of reporting the name of the individual employee.
c. Form 802s prepared in connection with the ticket policy must be maintained as public records and are subject to inspection and copying by the public. d. The forms must be posted on the City’s website.

26529.00000\41914253.2

III. City Campaign Contribution Reporting
The City has long required Councilmembers to report campaign contributions from donors who have an interest in items before the Council. Now state law requires reporting and recusal in some cases. (See Reso. No. 2022-36, sec. (K)(2); see also Council Policy Manuals prior to 2022.)
Senate Bill 1439 (2022) took effect on January 1, 2023, thereby extending California’s Levine Act’s conflict and recusal rules to members of the Council. As a result, a Councilmember must recuse herself or himself from any proceeding that involves someone who donated $250 or more to the Councilmember’s campaign at any time during the 12 months before the proceeding.

To comply with SB 1439, please track all contributions to your campaigns after January 1, 2023, keep a list of donors, check your list against the potential stakeholders with an interest in items that come before the Council on future agendas, and be prepared to announce that you received a contribution of $250 or more from that party or participant (if you did) and to recuse yourself in accordance with state law. Please also stay aware of which parties or participants have items pending before the Council (or who did, within the last three months) and be prepared to reject or return any campaign contribution in excess of the statutory limit.

The City’s own campaign-contribution reporting requirements remain unchanged. (See Reso. No. 2022-36, sec. (K)(2) [“All all meetings, each Council Member shall report any campaign contribution that the Council Member received from a person who is directly involved in an item on the agenda.”].) Please note that this reporting-only policy applies regardless of amount or timing of donation.

ATTACHMENTS:

1. Resolution No. 2022-36

2. FPPC – Local Gift Fact Sheet

RVPUB\PKNOX\757753.1
RESOLUTION NO. 2022-36

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

CALIFORNIA ADOPTING AN AMENDED TICKET DISTRIBUTION POLICY TO CONFORM WITH SECTION 18944.1 OF TITLE 2, CALIFORNIA CODE

OF REGULATIONS, AS AMENDED BY THE FAIR POLITICAL PRACTICES

COMMISSION
WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted Section 18944.1, Title 2, California Code of Regulations (“Regulation 18944.1”) to regulate the distribution and disclosure by public agencies of certain tickets and passes to public officials and employees; and
WHEREAS, Regulation 18944.1 provides that a ticket or pass distributed pursuant to an adopted policy and properly disclosed by the agency is not a gift to the public official and does not trigger a disclosure requirement on the official’s Statement of Economic Interests, Form 700; and
WHEREAS, the City Council of the City of Indian Wells (the “City”) adopted a ticket distribution policy entitled, “Distribution of City-Controlled Tickets to City Officials” (City Council Policy Manual Chapter 2.10) (“Policy”), pursuant to Regulation 18944.1 to provide for the distribution of such tickets or passes; and
WHEREAS, since that time, the FPPC amended Regulation 18944.1 in order to clarify the valuation of tickets and passes, and other policy requirements; and WHEREAS, the distribution to and use of such tickets and passes by officials frequently serve legitimate governmental and/or public purposes; and WHEREAS, from time to time, the City may receive complimentary or discounted tickets or passes from third party sources, both public and private, for distribution to City officials; and WHEREAS, based on such practice and amended Regulation 18944.1, the City desires to update its Policy regarding the distribution of tickets and/or passes; and WHEREAS, the proposed updated Policy incorporates the revisions to Regulation 18944.1 made by the FPPC since the adoption of the Policy to ensure that the Policy establishes a fair and equitable process for the distribution to City officials of such tickets and passes by the City, in compliance with the requirements of FPPC Regulations.

NOW THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL AS FOLLOWS:

Section 1.The foregoing recitals are true and correct.

Section 2.The City Council of the City of Indian Wells hereby approves and adopts the City’s amended Distribution of City-Controlled Tickets to City Officials Policy updated in accordance with FPPC Regulation 18944.1, and attached hereto as Exhibit “A.” ATTACHMENT #1

City of Indian Wells
Resolution No. 2022-36

Section 3.The City Manager is directed to implement this Policy.

Section 4.The Resolution shall take effect immediately upon adoption.

Section 5.All previous ticket distribution policies adopted by the City under Regulation 18944.1 are hereby repealed.

Section 5.The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California at a regular meeting held on the 15th day of September 2022. _____________________________

DANA REED
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2022-36
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 on the 15th day of September 2022, by the following vote:

AYES: Balocco, Bernheimer, Griffith, Reed, Sanders
NOES: None
ATTEST: APPROVED AS TO FORM:
________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
________________________

City of Indian Wells
Resolution No. 2022-36

Exhibit “A”

CITY OF INDIAN WELLS

DISTRIBUTION OF CITY-CONTROLLED TICKETS POLICY
(following this page)

City of Indian Wells
Resolution No. 2022-36

CITY OF INDIAN WELLS

DISTRIBUTION OF CITY-CONTROLLED TICKETS POLICY

A. PURPOSE AND APPLICATION OF POLICY.

The purpose of this Policy is to ensure that all Tickets distributed by the City are issued in furtherance of a valid governmental and/or public purpose of the City as required under Fair Political Practices Commission (“FPPC”) Regulation 18944.1. This Policy applies to Tickets which provide admission to an Event. This Policy shall be applicable to every officer, agent and employee of the City who is obligated to file an Annual Statement of Economic Interests (FPPC Form 700) under state law or the City’s current Conflict of Interest Code.

This Policy only applies to the benefits the City Official receives by the admission and are not applicable to any other item of value provided. This Policy does not generally apply to political or nonprofit fundraisers which are governed under a separate FPPC Regulation. This Policy also does not apply to Tickets provided directly to or earmarked for the City Official or a certain class of City Officials.

B. DEFINITIONS.

Unless otherwise expressly provided herein, words and terms used in this Policy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq., as the same may be amended from time to time) and the FPPC regulations (Title 2, Division 6 of the California Code of Regulations, section 18110 et seq., as the same may be amended from time to time).

“City” shall mean and refer to the City of Indian Wells and any other affiliated agency created or activated by the Indian Wells City Council.

“City Official” shall mean and refer to every member, elected officer, appointed officer, employee, or consultant of the City, as that term is defined by Government Code Section 82048 and FPPC Regulation 18701. This term shall include, without limitation, any City board, commission or committee member or other appointed official or employee required to file an annual Statement of Economic Interests (FPPC Form 700). For the purposes of this Policy, this term shall also include a spouse serving a public purpose by accompanying a City Official to an Event and thereby serving as an ambassador of the City.

“Event” shall mean an event, show or performance for entertainment, amusement, recreational or similar purpose for which a Ticket is required to gain admission.

“FPPC” shall mean and refer to the California Fair Political Practices Commission.

“Immediate Family” shall mean and refer to spouse and dependent children as defined in Government Code section 82029.

“Policy” shall mean and refer to this “Ticket Distribution Policy.”

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“Spouse” shall mean a husband or wife, domestic partner, similar significant other or any person with whom a Councilmember is in a bona fide dating relationship, as that term is used in FPPC Regulation 18942(18)(A).
“Ticket” shall mean and refer to a “ticket and/or pass” to an Event. “Ticket Administrator” shall mean and refer to the City Manager or his/her designee.” C. GENERAL PROVISIONS.
1)No Right to Tickets: The use of a Ticket is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended. 2)Limitation on Transfer of Tickets: Tickets distributed to City Officials pursuant to this Policy shall not be transferred to any other person, except to members of such City Official’s immediate family or no more than one guest solely for their attendance at the event. Under no circumstances may either the City Official or a member of his or her immediate family sell or further transfer any Ticket provided under this Policy. 3)Return of Tickets or Reimbursement of City: Any City Official may return any Ticket unused to the City for redistribution pursuant to this Policy. In addition, a Ticket is not subject to the provisions of this Policy and is not a gift for the purposes of the FPPC Regulations, if the City Official reimburses the City for the ticket within 30 days of receipt. 4)Prohibition Against Sale of or Receiving Reimbursement for Tickets: No individual who receives a Ticket pursuant to this Policy shall sell or receive reimbursement for the value of the Ticket. 5)No Earmarking of Ticket Given to City: No Ticket gratuitously provided to the City by an outside source and distributed by the City to, or at the behest of, a City Official pursuant to this Policy shall be earmarked by the original source for use by a particular City Official or a specific class of City Officials.
6)Limitation on Use: Any ticket or pass is deemed to serve a public purpose if distributed to a City Official, other than an elected official, for the City Official’s personal use in order to support general employee morale, to encourage retention, or to reward public service, if the ticket or pass is acquired by the City: (i) pursuant to a contract to use public property, (ii) because the City controls the event, or (iii) by purchase at fair market value. For purposes of this paragraph, "personal use" means use by the City Official, his or her family, or no more than one guest.

Nothing in this section limits the receipt, distribution, and behest of tickets or passes by elected officials for any of the other public purposes stated.
7)Disproportionate Use of Tickets: A disproportionate use of Tickets by members of the City Council, political appointee, department heads, or City Manager is prohibited. 8)Valuation of Tickets: The value of any Ticket shall be the fair value of the Ticket. The “fair value” is the face value of the Ticket, or the price at which the Ticket would otherwise be offered for sale to the general public by the operator or host. Where the Ticket does not reflect

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the actual cost for a Ticket in a luxury box or suite, the face value is determined by dividing the total cost of the box or suite by the number of Tickets available for that box or suite.

D. TICKET ADMINISTRATOR.
1) Designation of Ticket Administrator: The City Manager or his/her designee shall be the “Ticket Administrator” for purposes of implementing the provisions of this Policy. 2) Authority: The Ticket Administrator has the sole authority, in his or her discretion, to establish procedures for the distribution of Tickets supplemental to and in accordance with this Policy. All requests for tickets from City Officials which fall within the scope of the Policy shall be made in accordance with the procedures established by the Ticket Administrator. 3) Implementation of Policy: The Ticket Administrator or his or her designee is hereby designated as having primary responsibility for distributing Tickets in his or her discretion to a reasonable number of City Officials in a manner that will best serve the City’s interests and to persons whose attendance at a particular Event serves a specific governmental or public purpose. 4) Revoking/Suspending Ticket Privileges: The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of Tickets in accordance with this Policy.
5) Attendance: If available, the Ticket Administrator shall attend all events to which the City obtains control of Tickets as the City’s primary staff representative.

E. OFFICIAL DUTIES AND CEREMONIAL ROLES.

Tickets provided to City Officials as part of their official duties, or Tickets provided so that the City Official can perform a Ceremonial Role must be reported on FPPC Form 802.

F. SPECIFIC GOVERNMENTAL OR PUBLIC PURPOSE FOR TICKET DISTRIBUTION.

The City Council has determined that there are certain times where a City Official’s attendance serves a valid public purpose which benefits the City. The following is a list of the type of reasons which meet this requirement. The list is intended to be illustrative rather than exhaustive. The City may provide Tickets to or at the behest of a City Official for Events which serve any of the following public or governmental purposes:
1) Promote, evaluate, and provide management and/or official oversight of City-controlled, sponsored or supported events, activities, or community programs at City venues, including but not limited to evaluation of the venue, quality of performance and compliance with City policies, agreements, and other requirements. When a public purpose involves the oversight or inspection of facilities by a City Official, the City Official is required to provide a written inspection report and/or recommendation to be included in the City’s Form 802 .

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2) Support sponsorship agreements involving Events where the City specifically seeks to enhance the City’s reputation both locally and regionally by serving as hosts or sponsors providing the necessary opportunities to meet and greet visitors, dignitaries, residents and guests. 3) Where the City, as a form on consideration for a written contract, has required that a certain number of Tickets be made available for City use.
4) Promote local and regional businesses, economic development and tourism activities within the City, including conventions and conferences.
5) Enhance City recognition, visibility, and/or profile on a local, state, national or worldwide scale. 6) Foster open government by City Official appearances, participation and/or availability at business and/or community events.
7) Improve intergovernmental relations by encouraging the members of the City Council, City staff, and their guests, where appropriate, to attend functions and events with the public officials of other entities, thereby fostering an open dialogue and better understanding of intergovernmental issues. 8) Increase public exposure to, and awareness of, the various public recreational, cultural, community and education facilities available to the public within the City. 9) Promote business activity with the City and/or highlight the achievements of local residents and businesses.
10) Promote business growth and development within the City, including economic development and job creation opportunities.
11) Facilitate outreach and recognition programs for veterans, teachers, emergency services, medical personnel, community organizations and other civil service occupations. 12) Encourage or reward significant academic, athletic, or public service achievements by Indian Wells students, residents, or businesses.
13) Promote community resources and private facilities, including charitable and nonprofit organizations facilities, available for use by City residents. 14) Promote, support and/or show appreciation for programs and services rendered by non-profit organizations benefiting Indian Wells residents.
15) Encourage volunteers to become members of City commissions, committees and boards and reward volunteer public service.
16) Attract and retain highly qualified employees in City service, recognize or reward meritorious service by a City employee, and/or promote enhanced City employee performance or morale. 17) The following is a non-exclusive list of specific business, community, and nonprofit Events in the City, where a City Official’s presence has been determined to serve a valid public purpose.

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This list is not intended to be exhaustive, but is merely illustrative of the types of Events where the distribution of tickets has been clearly authorized:
a. BNP Paribas Open
b. Desert Town Hall Lecture Series
c. Indian Wells Arts Festival
d. Doctor George Car Show
G. TICKETS DISTRIBUTED AT THE BEHEST OF A CITY OFFICIAL.

Only the following City Officials shall have the authority to behest tickets: City Council Members, City Manager and Department Heads.

Tickets shall be distributed at the behest of a City Official only for one or more public purposes set forth in section above. If tickets are distributed at the behest of a City Official, such City Official shall not use one of the tickets so distributed to attend the Event.

H. PUBLIC PURPOSES RELATED TO BNP PARIBAS OPEN.

Participation by City Officials in the ticketed events and activities hosted by the BNP Paribas Open is important to provide an opportunity for City leaders to be involved in the City’s largest special event. By attending the two-week long activities, including the tournament, City Officials have the ability to meet and greet residents and visitors to the City. Moreover, City Officials are accountable for the funding and support that the City contributes to the BNP Paribas Open, and therefore some level of attendance during the tournament is necessary for City Officials to provide suggested improvements to Desert Champions LLC management staff and City staff that will enhance and improve the overall event and its economic and public impact on the City.

This Policy is not applicable to tickets to the BNP Paribas Open available to all City residents through the annual lottery.

I. PUBLIC PURPOSES RELATED TO CITY SPONSORED EVENTS.

Participation by City Officials in events wherein the City has made a monetary contribution and/or is a named sponsor is important. Such events serve to enhance the image of the City as a world-class destination resort. These events provide the public with access to many distinguished public and civic leaders as well as significant cultural enhancement. The active participation of City Officials at such events serves to attract additional resources and economic opportunities for this community. City Officials at such events represent the City in interacting with dignitaries and they meet and greet residents and visitors to the City. Moreover, City Officials are accountable for the funding and support that the City contributes to these events, and therefore some level of attendance is appropriate for City Officials to monitor and evaluate the effectiveness of the event and suggest ways in which events may be enhanced and improved to maximize the economic and public benefit to the City.

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J. DISCLOSURE REQUIREMENTS.

It shall be the duty of the Ticket Administrator or his or her designee to ensure the City's compliance with Regulation 18944.1(d) pertaining to the reporting of the distribution of Tickets by a public agency to officials or officers of the City. The City shall complete a record of a Ticket distributed under this Policy on FPPC Form 802, including all the information as required under Regulation 19844.1, including but not limited to, the name of the transferee if the ticket was transferred as allowed under this Policy.

The forms shall be maintained as a public record, be subject to inspection and copying under Section 81008(a), and within 45 days the City must post these forms on its website and email a website link to the FPPC that displays the form.

If the Ticket is distributed to a department or other unit of the City, and not used by a member of the City Council, the City Manager, political appointee, or department head, the City may report the name of the department or other unit of the City receiving the Ticket and the number of Tickets provided to the department or unit in lieu of reporting the name of the individual employee as otherwise required by Regulation 18944.1.

This Policy shall be maintained as a public record and is subject to inspection and copying under Section 81008. The City shall post this Policy on its website within 30 days of adoption or amendment and send to the FPPC by email the City’s website link that displays the policy so that the FPPC may post the link.

K. ANNUAL REVIEW OF TICKETS AND CAMPAIGN CONTRIBUTION REPORTING REQUIREMENT. 1) At the first regular meeting or special meeting of the Council following the annual reorganization, the Council, with the assistance of the City Attorney and City Staff, shall conduct a review of applicable law and City policies pertaining to: (a) the acceptance of gifts, (b) the City's acceptance and distribution of tickets to sports, entertainment, charity and similar events. 2) At all meetings, each Council Member shall report any campaign contribution that the Council Member received from a person who is directly involved in an item on the agenda.

Limitations and Restrictions on
Gifts, Honoraria, Travel and Loans
A Fact Sheet For
Local Elected Officers and Candidates for Local
Elective Offices
Local Officials Specified in Government Code
Section 87200
Judicial Candidates
Designated Employees of Local Government
Agencies
California Fair Political
Practices Commission
Toll-free advice line: 1 (866) ASK-FPPC
Email advice: [email protected]
Web site: www.fppc.ca.gov
October 2023
ATTACHMENT #2

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Introduction
The Political Reform Act1 (the “Act”) imposes limits on gifts, prohibits honoraria payments, and imposes limits and other restrictions on the receipt of travel payments received by:
•Local elected officers and other local officials specified in Government Code Section 87200,2 excluding judges;3
•Designated employees of local government agencies (i.e., individuals required to file statements of economic interests under a local agency’s conflict of interest code); and •Candidates4 for any of these offices or positions and judicial candidates. (Sections 89502 and 89503.)
The Act also imposes limits and other restrictions on personal loans received by certain local officials.

The gift limit increased to $590 for calendar years 2023 and 2024. The gift limit in 2022 was $520.

This fact sheet summarizes the major provisions of the Act concerning gifts, honoraria, travel, and loans.

It contains highlights of the law, but does not carry the weight of law. For more information, contact the Fair Political Practices Commission at (866) 275-3772 or [email protected] or visit our website at www.fppc.ca.gov . Commission advice letters are available on our website. Public officials may also be subject to local restrictions on gifts, honoraria, or travel.

Enforcement
Failure to comply with the laws related to gifts, honoraria, loans, and travel payments may, depending on the violation, result in criminal prosecution and substantial fines, or in administrative or civil monetary penalties for as much as $5,000 per violation or three times the amount illegally obtained. (See Sections 83116, 89520, 89521, 91000, 91004 and 91005.5.) 1 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. 2 Local officials specified in Government Code Section 87200 include: members of boards of supervisors and city councils, mayors, city/county planning commissioners, city/county chief administrative officers, city/county treasurers, district attorneys, county counsels, city managers, city attorneys, court commissioners and public officials who manage public investments.
3 The gift limits and honoraria ban in the Political Reform Act do not apply to a person in their capacity as judge.

However, candidates for judicial offices are subject to the restrictions contained in the Political Reform Act. (Sections 89502 and 89503.)
4 For purposes of the gift limit and honoraria prohibition, an individual becomes a “candidate” when they file a statement of organization (Form 410) as a controlled committee for the purpose of seeking elective office, a candidate intention statement (Form 501), or a declaration of candidacy, whichever occurs first. If an individual is an unsuccessful candidate, they will no longer be subject to the gift limit and honoraria prohibition when they have terminated their campaign filing obligations, or after certification of election results, whichever is earlier. (Sections 89502(b) and 89503(b).

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Gifts
Limitations
Local elected officers, candidates for local elective office, local officials specified in Government Code Section 87200, and judicial candidates, may not accept gifts from any single source totaling more than $590 in a calendar year. (Section 89503.)5
Employees of a local government agency who are designated in the agency’s conflict of interest code may not accept gifts from any single source totaling more than $590 in a calendar year if the employee is required to report receiving income or gifts from that source on their statement of economic interests (Form 700). (Section 89503(c).)
What is a “Gift”?
A “gift” is any payment or other benefit that confers a personal benefit for which a public official does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. (Section 82028.) (See Regulation 18946 for valuation guidelines.) Except as discussed below, a public official has “received” or “accepted” a gift when they have actual possession of the gift or when they take any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official’s behalf and gifts made to others at the direction of the official. (Regulation 18941.) Gifts to Family Members
Under certain circumstances, a gift to an official’s family member* is considered a gift to the official. (Regulation 18943.) When something of value is given to a family member it is presumed to be a gift to the official if: (1) there is no established relationship between the donor and the family member where it would generally be considered appropriate for the family member to receive the gift or; (2) the donor is someone who lobbies the official’s agency, is involved in an action before the official’s agency in which the official may foreseeably participate, or engage in business with the agency in which the official will foreseeably participate. (Wedding gifts are treated differently, see below.) *For purposes of this rule, an official’s “family member” includes the official’s spouse; registered domestic partner; any minor child of the official who the official can claim as a dependent for federal tax purposes; and a child of the official who is aged 18 to 23 years old, attends school, resides with the official when not attending school, and provides less than one-half of their own support. 5 The gift limit is adjusted biennially to reflect changes in the Consumer Price Index. For 2023-2024, the gift limit is $590. (Section 89503; Regulation 18940.2.) Gifts from a single source aggregating to $50 or more must be disclosed, and gifts aggregating to $590 or more during any 12-month period may subject an official to disqualification with respect to the source. (Section 87103(e).) Designated employees should obtain a copy of their conflict of interest code from their agency. Some conflict of interest codes require very limited disclosure of income and gifts. Gifts from sources that are not required to be disclosed on the Form 700 are not subject to the $590 gift limit but still may subject the public official to disqualification.

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Source of Gift
Under most circumstances, it is clear who the source of a gift is, but if the circumstances indicate that the gift is being provided by an intermediary, the public official must determine both the donor and the intermediary in reporting the gift. Regulation 18945 provides the rules for determining the source of the gift.

Gifts from Multiple Sources
In determining the cumulative value of any reportable gifts, separate gifts from an individual and an entity that the individual controls must be aggregated as one source to comply with the reporting and limit requirements. For example, separate gifts from the owner of a company and from the company itself would be treated as if from one source if the owner has more than a 50 percent interest in the company, unless the making of the gift was determined by someone else in the company. In that case, the gift from the company would be aggregated with any gifts made by that determining individual. (Regulation 18945.1.)
Group gifts, where a public official receives a single gift from multiple donors (such as a retirement gift from coworkers), need not be reported unless any person contributes $50 or more to the total cost of the gift. In that case, the public official would only report a gift from each of those persons. (Regulation 18945.2.)
Valuing Gifts
The general rule for determining the value of a gift is to apply the fair market value at the time the gift is received. Fair market value can be determined by finding any local or internet advertisement for the item.

Special exceptions to the fair market value rule are contained in Regulations 18946.1 through 18946.5 which covers admission to ticketed and invitation-only events, wedding gifts, attendance at nonprofit and political fundraisers, and air travel. (Regulation 18946.) For example, for ticketed events, the value is the face value of the ticket.

General Gift Exceptions
Form 700 Reporting C/I § 87100 Honoraria Ban $590 Gift Limit No No No No
The following payments are exceptions to the definition of gift and are not considered gifts or income.

1.Return or Reimbursement of Gift. Items that are returned (unused) to the donor, or for which the public official reimburse the donor, within 30 days of receipt. (Section 82028(b)(2); Regulation 18941.)

2.Donation of Gift to Nonprofit Group. Items that are donated (unused) to a non-profit, tax-exempt (501(c)(3)) organization in which the official (or immediate family member) does not hold a position, or to a government agency, within 30 days of receipt without claiming a deduction for tax purposes. (Section 82028(b)(2); Regulation 18941.)

3.Gifts from Family. Gifts from the public official’s spouse (or former spouse), child, parent, grandparent, grandchild, brother, sister, current or former parent-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin or the spouse of any such person, unless they are acting as an agent or intermediary for another person who is the true source of the gift. (Section 82028(b)(3); Regulation 18942(a)(3).) This exception includes great grandparents, great uncles and aunts, great nieces and nephews, and first cousins once removed.

4.Informational Material. Informational material provided to assist the public official in the performance of their official duties, including books, reports, pamphlets, calendars, periodicals, videotapes, or free admission or discounts to informational conferences or seminars.

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“Informational material” may also include scale models, pictorial representations, maps, and other such items. However, if the item’s fair market value is more than $590, the public official has the burden of demonstrating that the item is informational. In addition, on-site demonstrations, tours, or inspections, including air flights over an area that is the subject of the information and designed specifically for public officials, are considered informational material. However, this exception does not apply to meals or lodging. Furthermore, the exception generally does not apply to transportation to the site, except for any portion of the transportation that is not commercially available. (Section 82028(b)(1); Regulations 18942(a)(1) and 18942.1.)

5.Inheritance. A devise or inheritance. (Section 82028(b)(5); Regulation 18942(a)(5).)

6.Campaign Contributions. Campaign contributions to an official, including rebates or discounts received in connection with campaign activities (Section 82028(b)(4); Regulations 18942(a)(4), 18950(a) and 18950.3(a)) and permissible expenditures of campaign funds for campaign-related expenses, including payments for transportation, lodging or food (Regulations 18950(a) and 18950.3(b)), provided they comply and are properly reported in accordance with applicable campaign finance laws.

7.Plaques. Personalized plaques and trophies with an individual value of less than $250. (Section 82028(b)(6); Regulation 18942(a)(6).)

8.Ceremonial Role. Free admission to a ticketed event (including any benefits included in the price of the ticket such as a free meal) for the official and one guest at an event where the official performs a ceremonial role, such as throwing out the first pitch at a Dodgers’ game, so long as the official’s agency complies with the posting provisions set forth in Regulation 18944.1(d). (Regulation 18942(a)(13); Regulation 18942.3; also see discussion of Form 802 below under “Gifts Exceptions Requiring Alternate Reporting.”)

9.Event Where Official Makes a Speech. Free admission, and food and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. (Regulation 18942(a)(11).)

10.Attending Wedding Reception. Benefits received as a guest attending a wedding reception where the benefits are the same as those received by the other guests at the reception. (Regulation 18942(a)(15).)

11.Bereavement Offerings. Bereavement offerings, such as flowers at a funeral received in memory of a close family member. (Regulation 18942(a)(16).)

12.Acts of Neighborliness. Benefits received as an act of neighborliness such as the loan of an item, an occasional ride, or help with a repair where the act is consistent with polite behavior in a civilized society and would not normally be part of an economic transaction between like participants under similar circumstances. (Regulation 18942(a)(17).)

13.Campaign or Nonprofit Fundraiser. Two tickets for admission, for use by only the official and one guest, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket(s) must be received from the organization or committee holding the fundraiser. (Regulation 18946.4.)

14.Unused Passes or Tickets. Passes or tickets that provide admission or access to facilities, goods, services, or other benefits (either on a one-time or repeated basis) that the public official does not use and do not give to another person. (Regulation 18946.1.)

15.Items Provided to Government Agency. Subject to certain conditions, items provided to a government agency and used by public officials in the agency for agency business. This may include

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passes or tickets to (see Regulation 18944.1) or payments for other types of items or activities (see Regulation 18944). An agency must disclose specified payments on a form provided by the FPPC and post the form on its website. (See discussion of Forms 801 and 802 below under ““Gift Exceptions Requiring Alternate Reporting.”) Contact the FPPC for detailed information.

16.Emergency Leave Credits. Leave credits (e.g., sick leave or vacation credits) received under a bona fide catastrophic or emergency leave program established by the public official’s employer and available to all employees in the same job classification or position. Donations of cash are gifts and are subject to limits and disclosure. (Regulation 18942(a)(9).)

17.Disaster Relief. Food, shelter, or similar assistance received in connection with a disaster relief program. The benefits must be received from a governmental agency or charity and must be available to the general public. (Regulation 18942(a)(10).)

18.Agency Raffle. Items awarded in an agency raffle received by the agency from an employee who is not acting as an intermediary for another donor. This exception applies when an agency holds an employee raffle and the item awarded in the raffle has been obtained with agency funds, or is otherwise an asset of the agency and not donated to the agency by a non-agency source. This exception does not apply to passes or tickets of the type described in Regulation 18944.1. (Regulation 18944.2(a) and (b).)

19.Employee Gift Exchange. Items received by an employee during an employee gift exchange, so long as the items received are provided by another employee of the agency and the gifts are not substantially disproportionate in value. (Regulation 18944.2(c).) Limited Gift Exceptions
Form 700 Reporting C/I § 87100 Honoraria Ban $590 Gift Limit No No No No

1.Home Hospitality. Gifts of hospitality including food, drink or occasional lodging that an official receives in an individual’s home when the individual or a member of their family is present. (Regulation 18942(a)(7).) For this exception to apply, the official must have a relationship, connection or association with the individual providing the in-home hospitality that is unrelated to the official’s position and the hospitality must be provided as part of that relationship. Generally, this means functions like children’s birthday parties, soccer team parties, neighborhood barbeques, etc., where other guests attend who are not part of the lobbying process. (Regulation 18942.2.)

2.Reciprocal Holiday Gifts. Gifts commonly exchanged between an official and another individual on holidays, birthdays, or similar occasions to the extent that the gifts exchanged are not substantially disproportionate in value. (Regulation 18942(a)(8)(A).)

3.Reciprocal Exchanges. Reciprocal exchanges between an official and another individual that occur on an ongoing basis so long as the total value of payments received by the official within the calendar year is not substantially disproportionate to the amount paid by the official and no single payment is $590 or more. For example, if two people get together regularly for lunches and rotate picking up the lunch tab so that each pays approximately half the total value over the course of the calendar year, no gift need be reported. (Regulation 18942(a)(8)(B).)

4.Dating Relationship. Personal benefits commonly received from a dating partner. These gifts are not disclosable or limited but are subject to disqualification under the conflict of interest laws if the dating partner has certain business before the official as set forth in Regulation 18942(a)(18)(D). (Regulation 18942(a)(18)(A).)

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5.Acts of Human Compassion. Assistance, financial or otherwise, to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or other unexpected calamity; or to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child, so long as the source of the donation is an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance, or the payment is made without regard to official status under other circumstances in which it would be common to receive community outreach. (Regulation 18942 (a)(18)(B).) This exception does not apply if the person providing the benefit to the official is an individual who otherwise has business before the official as set forth in Regulation 18942(a)(18)(D).

6.Long-Time Friend. Benefits received from a long-time personal friend where the gift is unrelated to the official’s duties. The exception does not apply if the individual providing the benefit to the official is involved in some manner with business before the official. (Regulation 18942(a)(18)(C).) This exception does not apply if the person providing the benefit to the official is an individual who otherwise has business before the official as set forth in Regulation 18942(a)(18)(D).

7.Existing Personal Relationship. Benefits received from an individual where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official’s position and there is no evidence whatsoever at the time the gift is made that the official makes or participates in the type of governmental decisions that may have a reasonably foreseeable material financial effect on the individual who would otherwise be the source of the gift. (Regulation 18942(a)(19).) Very Limited Gift Exception
Reporting C/I § 87100 Honoraria Ban $590 Gift Limit
Yes - ½ value as gift Yes No No
Wedding Gifts. Wedding gifts are not subject to the $590 gift limit. However, wedding gifts are reportable, but for purposes of valuing wedding gifts, one-half of the value of each gift is attributable to each spouse. (Regulation 18946.3.)
Gift Exceptions Requiring Alternate Reporting
Form 700 Reporting C/I § 87100 Honoraria Ban $590 Gift Limit Yes - As Income Yes No No
Prize or Award. A prize or award received in a bona fide contest or competition, or game of chance.

Note: Unlike the other exceptions, payments that fall into this exception must be reported as income if valued at $500 or more. To qualify for this exception the contest or competition must be unrelated to the official’s duties. (Regulation 18942(a)(14).) Agency Reports
Reporting C/I § 87100 Honoraria Ban $590 Gift Limit
Yes - On 801 or 802 No No No
The following exceptions are also applicable to payments made to a government agency that are used by officials in the agency under certain conditions to conduct agency business. These types of payments are not treated as gifts or income to the officials who use them, so long as the payments meet certain conditions and they are reported by the officials’ agency. These reports must appear on either a Form 801 or Form 802, instead of the official reporting the items on a statement of economic interests (Form 700).

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
FPPC EAEU • 046 10-2023 • Page 8 of 14
Form 801 – Payment to Agency Report: This form covers gifts or donations made to an agency and used by one or more officials in the agency for agency business. This may include travel payments, reimbursements, or other uses by an official, but does not cover tickets or passes providing admission to an entertainment or sporting event, which are reported on the Form 802 (discussed below). If the payment meets the requirements of Regulations 18944 or 18950.1, the agency must report it on a Form 801 and the item is not reported on the individual’s statement of economic interests (Form 700). (Regulations 18944 and 18950.1.)
Form 802 – Agency Report of Ceremonial Role Events and Ticket/Pass Distributions: This form covers gifts or donations made to an agency that provide tickets or passes to an agency official for admission to an entertainment or sporting event. For the ticket or pass to be exempt from reporting on the individual’s statement of economic interests (Form 700), the agency must have a written policy stating the public purpose for distribution of the tickets. The ticket or pass cannot be earmarked by the original source for use by a particular agency official and the agency must determine, in its sole discretion, which official may use the ticket or pass. (Regulation 18944.1.) The Form 802 is also used to report tickets provided for officials who perform a ceremonial role on behalf of the agency.

Behested Payments Reports
Reporting C/I § 87100 Honoraria Ban $590 Gift Limit
Yes - Form 803
Behested Payment No* No No*
Behested Payments. Generally, payments made at the behest of an official that do not confer a personal benefit on an official, such as those made by a third party to co-sponsor an event, or that are principally legislative, governmental, or charitable in nature, are not gifts. However, when a local elected officer is making the behest, in some cases these payments may be considered “behested payments” under Section 82004.5 and require disclosure by that elected officer. *Note: when a behested payment does confer a personal benefit on the official, the gift limit and conflict of interest rules apply, and the official may have a reportable gift or income in addition to a behested payment reporting duty.

Form 803 – Behested Payment Report
•Behested payments are reportable if made principally for legislative, governmental, or charitable purposes. These payments are not for campaign purposes and any personal benefit may constitute a gift to the official subject to the applicable gift limit. For example, a local elected official may ask a third party to contribute funds to a school in her district, or to a job fair or health fair. A gift to the official may occur, for example, where the official attends the event and receives a meal without charge.
•Generally, a donation will be “made at the behest” if it is requested, solicited, or suggested by the elected officer or member of the Public Utilities Commission, or otherwise made to a person in cooperation, consultation, coordination with, or at the consent of, the elected officer or PUC member. This includes payments behested on behalf of the official by their agent or employee. •A behested payment does not include payments to an official from a local, state, or federal government agency for use by the official to conduct agency business. For example, free parking provided by a governmental entity to an official for agency business is not a behested payment and is not subject to reporting.
•Behested payments totaling $5,000 or more from a single source in a calendar year must be disclosed by the official on a Form 803, which is filed with the official’s agency within 30 days of the date of the payment(s). (Section 84224; see Regulations 18424-18424.3.)

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
FPPC EAEU • 046 10-2023 • Page 9 of 14
Honoraria
What is an “Honorarium”?
An “honorarium” is any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering.

An honorarium includes gift cards or any gift of more than nominal benefit provided in connection with an activity described above. An honorarium does not include items of nominal value such as a pen, pencil, note pad, or similar item. (Section 89501; Regulation 18932.4(e).) A “speech given” means a public address, oration, or other form of oral presentation, including participation in a panel, seminar, or debate. (Regulation 18931.1.) An “article published” means a nonfictional written work: 1) that is produced in connection with any activity other than the practice of a bona fide business, trade, or profession; and 2) that is published in a periodical, journal, newspaper, newsletter, magazine, pamphlet, or similar publication. (Regulation 18931.2.)
“Attendance” means being present during, making an appearance at, or serving as host or master of ceremonies for any public or private conference, convention, meeting, social event, meal, or like gathering. (Regulation 18931.3.)
The Act and Commission regulations provide certain exceptions to the prohibition on honoraria. (Section 89501(b); Regulations 18932 –18933.).

The Prohibition
Local officials specified in Section 87200 (see page 2) are prohibited from receiving any honoraria payments. Officials and employees of local agencies who file statements of economic interests (Form 700) under the agency’s conflict of interest code (“designated employees”) may not receive honoraria payments from any source if the employee would be required to report income or gifts from that source on the Form 700, as outlined in the “disclosure category” portion of the conflict of interest code. (Section 89502.)
Honoraria Exceptions that also apply to gifts and income

1.Returned. An honorarium that the public official returns (unused) to the donor or the donor’s agent or intermediary within 30 days. (Section 89501(b); Regulation 18933.)

2.Donated to General Fund. An honorarium that is delivered to the official’s local agency within 30 days for donation to the agency’s general fund and for which the public official does not claim a deduction for income tax purposes. (Section 89501(b); Regulation 18933.)

3.Made to Nonprofit Organization. A payment that is not delivered to the public official but is made directly to a bona fide charitable, educational, civic, religious, or similar tax-exempt, non-profit organization. However:
•The official may not make the donation a condition for their speech, article, or attendance; •The official may not claim the donation as a deduction for income tax purposes. •The official may not be identified to the non-profit organization in connection with the donation; and
•The donation may have no reasonably foreseeable financial effect on the public official or on any member of their immediate family. (Regulation 18932.5.)

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
FPPC EAEU • 046 10-2023 • Page 10 of 14

4.Payment from Family Member. A payment received from the public official’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person. However, a payment that would be considered an honorarium is prohibited if one of these persons is acting as an agent or intermediary for someone else. (Regulation 18932.4(b).)

5.Payment for Performance or Book. Payments received for a comedic, dramatic, musical, or other similar artistic performance, and payments received for the publication of books, plays, or screenplays. (Regulations 18931.1 and 18931.2.)

6.Reimbursement for Travel Where Official Provides Consideration. Reimbursements for reasonable travel expenses provided to the public official by a bona fide non-profit, tax-exempt (501(c)(3)) entity for which the public official provides equal or greater consideration. The payment would also be exempt from the definition of income under Section 82030(b)(2). (See discussion under “Travel Payments” below.) Honoraria Exceptions where the payment may still be considered income (or a gift, if consideration of equal or greater value is not provided by the official)

1.Admission to Event Where Official Gives Speech. Free admission, and refreshments and similar non-cash nominal benefits, provided to an official during the entire event at which they give a speech, participates in a panel or provides a similar service, and in-California transportation and necessary lodging and subsistence provided directly in connection with the speech, panel or service, including meals and beverages on the day of the activity. (Regulation 18932.4(e).)

2.Earned Income from a Business. Income earned and payments for travel made in connection with personal services rendered by the official if the services are provided in connection with a bona fide business, trade, or profession — such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting — and the services are customarily provided in connection with the business, trade, or profession. (Section 89506(d)(3) and Regulations 18950(a) and 18950.2.) This exception does not apply if the sole or predominant activity of the business, trade, or profession is making speeches. In addition, the public official must meet certain criteria to establish that they are conducting or in a bona fide business, trade, or profession (such as maintenance of business records, licensure, proof of teaching position) before a payment received for personal services which may meet the definition of honorarium would be considered earned income and not an honorarium. (Section 89501(b); Regulations 18932 –18932.3.) Earned income is required to be reported. Contact the FPPC for detailed information.

3.Travel from a Government Agency. Travel payments provided to the public official by their government agency or by any state, local, or federal government agency which would be considered income and not a gift. (Section 89506(d)(2).) See discussion under “Travel Payments” below.

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
FPPC EAEU • 046 10-2023 • Page 11 of 14
Travel Payments Exceptions
Generally, when an official receives a payment (including reimbursement) for their travel, that payment is a reportable gift or income under the Act. The term “travel payment” includes payments, advances, or reimbursements for travel, including actual transportation, parking and related lodging and subsistence. (Section 89506(a).)
If the payment is a gift, it is also normally subject to the Act’s $590 gift limit. If the payment is income, it may, in some cases, be an honorarium. Whether a payment is a gift or income, the official may be required to disqualify themself from any decision that will have a foreseeable materially financial effect on the source.

Certain Travel Payments are not a Gift, Income or Honorarium Reporting C/I § 87100 Honoraria Ban $590 Gift Limit
No No No No
The following travel payments are not a gift, income or honorarium under the Act and Commission regulations and are thus not reportable, potentially disqualifying, or subject to any of the Act’s gift limits or the honorarium ban.

1.Travel from a Non-Reportable Source. A payment for travel from a source that is not reportable on the official’s statement of economic interests (Form 700) based on the provisions of the conflict of interest code of the official’s agency.

2.Travel from Government Agency for Training. A payment for travel from another local, state, or federal government agency and related per diem expenses when the travel is for education, training or other inter-agency programs or purposes. (Regulation 18950(a) and (c)(2).)

3.Sharing a Ride with Another Official. A payment for travel provided to the official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the same location for an event as a representative of their respective offices. (Regulation 18950(a) and (c)(3).)

4.Certain Travel from a Government Agency or 501(c)(3). Travel payments provided to the official by any state, local, or federal government agency as part of the official’s employment with that agency or provided to the official by a bona fide non-profit, tax-exempt (501(c)(3)) entity for which the official provides equal or greater consideration. (Section 82030(b)(2).) Any person who claims to have provided consideration has the burden of proving that the consideration received is of equal or greater value.

5.Travel for Official Agency Business. Certain payments made to an agency to cover the travel expenses of an employee who travels in the course of carrying out agency business are not gifts to the official because these payments do not provide a “personal benefit” to the official. For this exception to apply, the agency must report the payment on a Form 801 and the amount and purpose for using the payments are restricted by the provisions set forth in Regulation 18950.1.

6.Campaign Contribution. A payment for travel that constitutes a campaign contribution to an official (Sections 82015, 82028(b)(4); Regulations 18215, 18942(a)(4), 18950(a) and 18950.3(a)), and permissible expenditures of campaign funds for campaign-related travel (Regulations 18950(a) and 18950.3(b)), provided they comply and are properly reported in accordance with applicable campaign finance laws.

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
FPPC EAEU • 046 10-2023 • Page 12 of 14

7.Travel Payments Fulfilling Terms of Contract. Payments made to a governmental entity for travel expenses that are required to fulfill the terms of a contract. Neither the governmental entity nor the public official has a reporting obligation because consideration has been provided. (Section 82028; Ratto Advice Letter, No. I-14-057.)
Certain Travel Payments are Reportable and may Subject the Official to Possible Conflicts of Interest, but are not Subject to the $590 Gift Limit or Honoraria Ban of the Act.

Reporting C/I § 87100 Honoraria Ban $590 Gift Limit
Yes Yes No No
Travel for a Public Purpose Under Section 89506(a). Any payments for actual transportation expenses and related lodging and subsistence that are made for a purpose reasonably related to: (1) A legislative or governmental purpose, or (2) An issue of state, national, or international policy so long as the travel is either:
(a)Travel for Speech. In connection with a speech given by the official and the lodging and subsistence expenses are limited to the day immediately proceeding, the day of, and the day immediately following the speech and the travel is within the United States, or (b)Travel paid for by government agency or 501(c)(3) organization. Provided by a government agency or authority, (including a foreign government), a bona fide public or private educational institution as defined in Section 203 of the Revenue and Taxation Code, or a nonprofit organization that qualifies under Section 501(c)(3) of the Internal Revenue Code or a foreign organization that substantially satisfies the criteria of that section.

These payments are still reportable on the Form 700 and may create a conflict of interest issue for the official.

Payments for Travel in Connection with a Business
Reporting C/I § 87100 Honoraria Ban $590 Gift Limit
Yes - as Income Yes No No
Payments for travel made in connection with personal services rendered by the official if the services are provided in connection with a bona fide business, trade, or profession — such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting — and the services are customarily provided in connection with the business, trade, or profession. (Section 89506(d)(3) and Regulations 18950(a) and 18950.2.)

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772) FPPC
EAEU • 046 10-2023 • Page 13 of 14
Loans
Personal loans received by certain local officials are subject to limits and other restrictions, and in some circumstances, a personal loan that is not being repaid or is being repaid below certain amounts may become a gift to the official who received it.

Limitations on Loans from Agency Officials, Consultants, and Contractors Officials Must Not Receive Loans from Agency Staff. If the public official is a local elected officer or an official specified in Section 87200 (see page 2), they may not receive a personal loan that exceeds $250 at any given time from an officer, employee, member, or consultant of their government agency or an agency over which their agency exercises direction and control. (Section 87460(a) and (b).) Officials Must Not Receive Loans from Agency Contractors. In addition, the public official may not receive a personal loan that exceeds $250 at any given time from any individual or entity that has a contract with their government agency or an agency over which their agency exercises direction and control. This limitation does not apply to loans received from banks or other financial institutions, and retail or credit card transactions, made in the normal course of business on terms available to members of the public without regard to their official status. (Section 87460(c) and (d).) Loans to Elected Officials Must be in Writing
In addition to the limitations above, if the public official is elected, they may not receive a personal loan of $500 or more unless the loan is made in writing and clearly states the terms of the loan. The loan document must include the names of the parties to the loan agreement, as well as the date, amount, interest rate, and term of the loan. The loan document must also include the date or dates when payments are due and the amount of the payments. (Section 87461.) The following loans are not subject to these limits and documentation requirements:

1.Campaign Loans. Loans received by an elected officer’s or candidate’s campaign committee.

2.Loans from Family Members. Loans received from the public official’s spouse, child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person unless they are acting as an agent or intermediary for another person not covered by this exemption.

Loans as Gifts
Under the following circumstances, a personal loan received by any public official (elected and other officials specified in Section 87200, as well as any other local official or employee required to file statements of economic interests) may become a gift and subject to gift reporting and limitations:

1.If the loan has a defined date or dates for repayment and has not been repaid, the loan will become a gift when the statute of limitations for filing an action for default has expired.

2.If the loan has no defined date or dates for repayment, the loan will become a gift if it remains unpaid when one year has elapsed from the later of:
•The date the loan was made;
•The date the last payment of $100 or more was made on the loan; or •The date upon which the public official has made payments aggregating to less than $250 during the previous 12 months. (Section 87462.)

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
FPPC EAEU • 046 10-2023 • Page 14 of 14
The following loans will not become gifts:
•A loan made to an elected officer’s or candidate’s campaign committee. This loan would, however, be a campaign contribution and must be reported accordingly. •A loan described above on which the creditor has taken reasonable action to collect the balance due.
•A loan described above on which the creditor, based on reasonable business considerations, has not undertaken collection action. (However, except in a criminal action, the creditor has the burden of proving that the decision not to take collection action was based on reasonable business considerations.)
•A loan made to an official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.

INDIAN WELLS CITY COUNCIL
January 18, 2024

To: City Council
From: Finance Department
Prepared by: Ruby D. Walla, Assistant Finance Director
Subject: City Treasurer’s Report for November 2023

RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for November 2023.

DISCUSSION:

This report comprehensively analyzes the City of Indian Wells' cash and investment position as of November 30, 2023. The city maintains a robust investment strategy, focusing on prudence, liquidity, and compliance with legal requirements. The Treasurer's certification ensures adherence to the city's investment policy and compliance with the State of California Government Code section 53600.

Financial Snapshot:

As of November 30, 2023:

 Total cash and investments: $66,059,421.48
 Portfolio rate of return: 1.981%

Treasurer's Certification:

The City Treasurer certifies:
 Compliance with the city's investment policy and legal requirements.  Adequate liquidity to meet financial obligations for the next six months, ensuring static and dynamic liquidity.

Fiscal Prudence:

Aligned with the fiduciary duty, the city adheres to a prudent investment approach, considering economic conditions and anticipated needs. Investments are guided by a written policy emphasizing safety, liquidity, and yield.

BACKGROUND:

The Treasurer's Report provides a monthly update on cash activity and the investment portfolio, ensuring reconciliation with the General Ledger. Investments align with the city's investment policy and State legislation, covering U.S. treasuries, federal agency securities, corporate notes, municipal bonds, CDs, and overnight cash investments.

Investment Strategy:

The city's investment portfolio is designed to achieve a market rate of return within risk constraints. Diversification across institutions, security types, and maturities maximizes safety and yield amid changing market conditions.

FISCAL IMPACT:

The investment portfolio generated $58,393.85 in earnings for November 2023. The investment strategy aims for consistent returns throughout budgetary and economic cycles, reflecting prudent risk management. Moreover, the strategy's success in consistently generating returns reflects its adaptability to changing market conditions. As economic cycles fluctuate, the city's investment approach remains resilient, adjusting to dynamic financial landscapes to optimize safety and yield.

ATTACHMENTS:

1. City Treasurer’s Report

UNRESTRICTED FUNDS

GENERAL FUND
101- GENERAL

TOTAL GENERAL FUND

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TMFFIC SAFETY
203 - PUBLIC SAFETY U2 CENT SALES TAX
204 - MEASURE "A"
209 - F,A.M.D, #1
210 - SCAQMD (VEHICLE REG.)
211 - AB 3229 COPS FUNDING
214 . GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MAINT
217 - GAS Tpx2IO7 MAINTENANCE
218 - GAS TAX 2107,5 ENG./ADMIN
219 - GAS TAX RMRA
228 - EMERG. UPGMDE SERVICES
247 - AB 939 RECYCLING FUND
248. SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO-1
253- INDIAN WELLS VILLAS OPEMTIONS
254- MOUNTAIN VIEW VILLAS OPEMTIONS
256- HOUSING AUTHORITY
271 - ELDOMDO DRIVE LLMD
272 . MONTECTTO/STARDUST LLMD
273 - CASA DOMDO LLMD
274 -THE COVE LLMD
27s - SH lll/IWGR (ENTMNCE) LLMD
276 - CLUB/IW LANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - MOUNTAIN GATE LLMD
281 - MOUNTAIN GATE ESTATES LLMD
282 - VILIAGIO LLMD
283 - VAIDYA LLMD
284 - CLUB, SOUTH OF 111 LLMD
285 . MONTELENA LLMD
286 - SUNDANCE LLMD
287 - PROVINCE LLMD
288 - PROVINCE DBAD

TOTAL SPECIAL REVENUE FUNDS

CAPITAL PROJECT FUNDS
310 - PARK FACILMES FEES
311 - TMNSPORTATION FACILMES FEES
313 - RECREATION FACILMES FEES
314 - PARK-IN-LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 . CAPTTAL IMPROVEMENT
319 - ART IN PUBLIC PLACES
321 - HIGHWAY 111 CIRCULATION IMP FEE

TOTTL CAPITAL PROJECT FUNDS
NET CASH & INVESTMENT SUMMARY NOVEMBER 2023
November
2023
$ 11,816,287,65
L1,8L6,287.65
$
November
2022
787,002.38
9,787,OO2.38
16,850.30
20,676.84
tL7,218.03
t,286,622.14
14,798.85
28,07t.76
20,046.25
t2,26t.06
9,853,85
16;888.44
1,000.00
r57,284.63
4,510,528.83
284,395.50
r40,726.28
t6,625.24
96,945.46
3,232,664.24
57,829.37
3,893,39
904.41
7,210.32
57,924.99
L6,440.62
7r,162.68
46,726.56
20,538.88
91,057.08
43,085,34
2t2,496.88
34,788.76
30,637.87
65,455.28
325.49
83,955.09
559,699.29
9,160.67
18,694.90
116,854.63
r,777,752.54
13,269.33
88,129.76
17,382.89
r1,393.22
9,184.60
15,727.36
1,000.00
47,557.I8
3,940,414.88
399,046.84
215,501.59
14,630.15
1,330,554.81
2,075,29t.54
12,236,705.57
57,528.t6- 2,954.26
996.40
1,392.72
4,798.70
9,777.34
65,957.01
50,332.89
15,604,36
87,686.63
44,085,00
2t7,826.23
34,4L3.02
26,990.10
59,172.08
L,965.44
78,706.38
478.00
1,958.00
3,922.00
47,677.00
67,859,00
7,807,994.44
411,601.45

36.233.70
949.58
23,654F88.76
0,00
11,387,590.00
30,507.45
37,735.42
75,57r.95
22,103.99
12,430.28
L0,3r4,720.00
666,016.38

37.t52.70
8,377,723.59
T:\Common\bank\Treasure/s Report\Cashl 0Nov 23
LL,196,238.L7
9:41 AM1h1l2O24
ATTACHMENT #1

CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY NOVEMBER 2023
PAGE 2
RESTRICTED FUNDS (Cont')

REPLACEMENT FUNDS
326 - BUILDINGS CAPTTAL RESERVE
327 - BRIDGES CAPITAL RESERVE
328 - MEDIANS & PARKWAYS CAPTTAL RESERVE
329 - STORM DMINS CAPTTAL RESERVE
330 - TMFFIC SIGNALS CAPITAL RESERVE
331 - TECHNOLOGY CAPTTAL RESERVE
332 - CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPTIAL RESERVE
350 - DISASTER RECOVERY RESERVE

TOTAL REPLACEMENT FUNDS

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

TOTAL SUCCESSOR AGENCY FUNDS

ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT

TOTAL ENTERPRISE FUNDS

INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND

TOTAL INTERNAL SERVICE FUNDS

RESERVE FUNDS
602 - COMPENSATED ABSENCES

TOTAL RESERVE FUNDS

TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSTTS

TOTAL TRUST & AGENCY FUNDS

TOTAL ALL FUNDS

FISCAL AGENTS
253 - INDIAN WELLS VILLAS
254 - MOUNTAIN VIEW VILLAS
453 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE
460 - US BANK - INDIAN WELLS FINANCE AUTHORITY
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECTION 115 TRUST - PENSION
601 - PARS SECTION 115 TRUST - OPEB

TOTAL FISCAL AGENTS

TOTAL ALL FUNDS & FISCAL AGENTS

UNRESTRICTED FUNDS

RESTRICTED FUNDS
LL,8'':6,287.65 9187pO2.38
64,00/6,324,05 76,698,L74-48
s 7s.822.6L1.7o $ 86,485,176.86
9,763,tg0.22 15,272,639.98
s 7r822,61L,7O $ 86,485,176.86
2,153,1 16.80
1,952,516.00
1,587,395.07
882,246.00
753,420.00
702,r33.00
L7,332,999.00
286,155.00
441.850,00
1,670,511.80
r,7L7,7t8.00
r,367,25r.07
690,432.00
567,375.00
518,147,00
18,840,062,00
118,879.00
t42.L29.00
25,632,50,4,87
November
2023
November
2022
544,757.56
r,062,774.00

0.00 26,091,830.87
608,220.10

0.00 0.00
608,220.10
1 s00
1,500,o00.0o
1,607,531,56
(240,9t7.03)
.34
(24O,9L7.O3)
908.515.49
2,O74,507.34 908,515.49
.787.00 581.403.00
624,787,OO
7s9.960.35
759,960.35
581,4O3.00
904.384.26
9O4,384.26
.48
324,769.6L
376,986.87
10,593,48
6,955,grt.67
t,223,586.84
830,tzL.62
4L,220.L3
515,111.83
1,047,284.09
tL.44
12,094,086.06
593,549.70
822,9L8.67
199,678.19
T:\Common\bank\Treasureis Report\Cash'l 0Nov 23 9:41 AM'111112024Page 41 of 323

City of Indian Wells
Bank Reconciliation Report - City Held Cash
Finance Department
MONTH:November 30, 2023
Investment # Investment Type Investment Description Book Value Bank Checking & Sweep
1 Pacific Western Bank - Sweep **-**1117 345,253.93
2 Pacific Western Bank - Accts. Payable **-**3411 0.00
3 Pacific Western Bank - Payroll **-**1752 0.00
6 Pacific Western Bank - Ambulance **-****7937 0.00
7 Pacific Western Bank - Public Funds MMA **-****5064 15,480.59 8 US Bank Money Market - Investment 0.00
9 US Bank Money Market - 4590 3,276,200.45
10 US Bank Money Market - 4591 19,321.66
19 Petty Cash 2,000.00
3,658,256.63
Managed Pool Accounts
21 Local Agency Investment Fund - City 98-33-385 5,189,587.38 5,189,587.38
Certificates of Deposit
498 Certificate of Deposit-RIA Federal Credit Union 749622AL0 249,000.00 499 Certificate of Deposit-Capital One Bank 14042TAY3 247,000.00 501 Certificate of Deposit-BankWest 06652CHA2 249,000.00 512 Certificate of Deposit-BMW Bank North America 05580AVX9 250,000.00 513 Certificate of Deposit-Nicolet Nation Bank 654062JZ2 250,000.00 514 Certificate of Deposit-Live Oak Banking Company 538036LD4 250,000.00 515 Certificate of Deposit-Alma Bank 020080BX4 250,000.00 516 Certificate of Deposit-State Bank of India 856285TF8 248,000.00 517 Certificate of Deposit-First Natl Bank of McGregor TX 32112UDR9 249,000.00 518 Certificate of Deposit-Centerstate Bank 15201QDE4 248,000.00 519 Certificate of Deposit-Northwest Bank 66736ABV0 249,000.00 520 Certificate of Deposit-Encore Bank 29260MBE4 249,000.00 521 Certificate of Deposit-First Freedom Bank 32027BAM9 249,000.00 522 Certificate of Deposit-Pacific Western Bank 69506YRL5 248,000.00 525 Certificate of Deposit-Bank of Baroda 06063HMS9 249,000.00 548 Certificate of Deposit-Toyota Financial Sgs Bank 89235MKY6 250,000.00 550 Certificate of Deposit-Greenstate Credit Union 39573LBL1 250,000.00 557 Certificate of Deposit-Pentagon Federal Credit Union 70962LAS1 249,000.00 558 Certificate of Deposit-Nelnet Bank, Inc 64034KAG6 250,000.00 561 Certificate of Deposit-Beal Bank 07371AYE7 250,000.00 562 Certificate of Deposit-Beal Bank USA 07371CE88 250,000.00 574 Certificate of Deposit-Austin Telco Fed Credit Union 052392BT3 250,000.00 573 Certificate of Deposit-Capital One NA 14042RUJ8 250,000.00 575 Certificate of Deposit-Synchrony Bank 87164XR65 250,000.00 579 Certificate of Deposit-Pacific Western Bank Certificate #0059670821 250,000.00 581 Certificate of Deposit-Pacific Western Bank Certificate #0059863003 250,000.00 585 Certificate of Deposit-Liberty First Credit Union 530520AK1 249,000.00 586 Certificate of Deposit-First Guaranty Bank Hammond LA 249,000.00 587 Certificate of Deposit-Medallion Bank Utah 58404DSW2 249,000.00 588 Certificate of Deposit-Pitney Bowes Bank 724468AG8 244,000.00 589 Certificate of Deposit-Bank Five Nine 062119CD2 249,000.00 590 Certificate of Deposit-First Foundation Bank 32026UW51 244,000.00 591 Certificate of Deposit-Summit National Bank 86616RAG0 249,000.00 592 Certificate of Deposit-First National Bank of America 32110YD93 249,000.00 596 Certificate of Deposit-Pacific Western Bank Certificate #0059335212 255,493.12 8,720,493.12
Medium Term Corporate Notes
524 Bank of New York Mellon Corp 06406RAN7 1,005,321.06 526 Montebello CA Pens Oblig AA 612285AE6 1,024,543.22
533 JP Morgan Chase Bank NA 46632FRU1 2,000,000.00
538 JP Morgan Chase 48128G2Q2 1,000,000.00
549 Bank of America MTN 06048WM31 1,000,000.00
556 Bank of America MTN 06048WM72 1,000,000.00
576 John Deere Capital Corp 24422EWR6 1,022,662.54
8,052,526.82
Federal Agency Issues
527 Fed. Nat'l Mortgage Assoc. 3136G4C43 2,000,000.00
529 Fed. Farm Credit Bank 3133ELZ80 2,000,000.00
530 Fed. Home Loan Mtg Corp 3134GWCG9 1,000,297.66
532 Fed. Nat'l Mortgage Assoc 3135GA2Z3 2,000,000.00
534 Fed. Farm Credit Bank 3130AL3S1 1,000,000.00
535 Fed. Farm Credit Bank 3130AL6G4 1,000,000.00
536 Fed. Farm Credit Bank 3130AL6J8 2,000,000.00
539 Fed. Farm Credit Bank 3130ALDN1 2,000,000.00
541 Fed. Farm Credit Bank 3130ALHZ0 1,000,000.00
542 Fed. Farm Credit Bank 3130ALJ62 1,000,000.00
544 Fed. Farm Credit Bank 3130ALMM3 2,000,000.00
546 Fed. Farm Credit Bank 3130ALW67 1,000,000.00
551 Fed. Farm Credit Bank 3130AMW57 2,000,000.00
552 Fed. Farm Credit Bank 3133EMH21 2,000,000.00
553 Fed. Farm Credit Bank 3133EML67 2,000,000.00
554 Fed. Farm Credit Bank 3133EMN99 2,000,000.00
555 Fed. Farm Credit Bank 3133EMW73 3,000,000.00
559 Fed. Home Loan Bank 3130AQWF6 1,000,000.00
560 Fed. Home Loan Bank 3130AQWJ8 1,000,000.00
563 Fed. Home Loan Bank 3130AQZ55 1,000,000.00
565 Fed. Home Loan Bank 3130ARCV1 2,000,000.00
564 Fed. Home Loan Mtg Corp 3134GXMX9 1,000,000.00
566 Fed. Home Loan Bank 3130ARGE5 1,000,000.00
567 Fed. Home Loan Mtg Corp 3134GXQP2 1,000,000.00
568 Fed. Home Loan Bank 3130AS3Z0 1,700,000.00
569 Fed. Home Loan Bank 3134GXUM4 1,000,000.00
571 Fed. Home Loan Bank 3130ASS67 1,000,000.00
572 Fed. Home Loan Bank 3130ASS91 1,000,000.00
582 Fed. Farm Credit Bank 3133EPPC3 2,000,000.00
43,700,297.66
Municipal Bonds
537 Dixon CA Unified School District 255651KY6 500,898.79 531 Natomas CA School District 63877NMM6 300,000.00
800,898.79
Treasury Discounts-Amortizing
584 United States Treasury Bill 912797FV4 997,223.69
997,223.69
Total Pooled Cash and Investments 71,119,284.09$
Fair Value Increase (over cost) (5,071,286.20)
Outstanding items Warrants/Wire Transfers Oustanding (Bank)(190,954.42) Outgoing ACH Payments Outstanding (GL)190,743.76
Credit Card in Transit 11,634.25
Total Outstanding Items 11,423.59
Reconciled Bank Balance 66,059,421.48$
General Ledger Balance 66,059,421.48$

0.00 T:\Common\bank\bank reconciliation fy24\2023-11_RPT_Nov Bank RecNov 23 pooled 9:51 AM 1/11/2024

: ..-_/
\,
INDIAN l',r WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORN IA
lnvestments
Bank Certificates of Deposit
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable CD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Miscellaneous Securities - Coupon
Treasury Discounts -Amortizing
lnvestments
Par
The City of lndian Wells
Portfolio Management
Portfolio Summary
November 30, 2023
Market
Velue
Book
Value
o/o ol
Portfolio
Days to
Maturity
YTM
360 Equiv.

YTM
365 Equiv.Value
755,493.12
5,1 89,587.38
3,6s8,256.63
7,965,OOO.OO
8,000,000.00
43,700,000.00
800,000_00
1,000,000.00
7t,068,337.13
November 30 Month Endins
117,'t28.55
70,565,532.57
755,493.12
5,1 89,587.38
3,658,256.63
7,560,907.00
7,344,710.O0
40,906,610.00
765,470.00
997,070.00
67,178,'104.13 71,119,284.09 100.00% 1,404
755,493.12
5,1 89,587.38
3,658,256.63
7,965,000.00
8,O52,526.82
43,700,297.66
800,898.79
997,223.69
'L06

7.30 5.14

11.20 11.32

61.45 1.13

1.40 Te]m
253
1 1
'1,796
1,803
'1,590
1,449
154

4.393

3.790

4.709

1.936

1.341

1.530

0.653

5.153

4.454

3.843

4.774

1.963

1.359

1.551

0.662

5.225
128
'l
1 939
855
754
381
20 1.954671
Total Earnings
Current Year
Average Daily Balance
Effective Rate Return
The
Kevin
Reporting period 1 1/01/2023-1 1 13012023
are consistant with the City's and allowable under current legislation of the State of California. lnvestments were purchased using safety, liquidity, and yield as cash flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked{o-Market" on a monthly basis.

2.O2o/"
investment policy

1.981
Portfolio CITY
AP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Run Date: 01ngn124 - 12:41
No fiscal year history available

CUSIP lnvestment #
Bank Gertificates of Deposit
lssuer
Pacific V1/estern Bank
Pacific Western Bank
Pacific Westem Bank
LAIF - City
LAIF - Redevelopment
Stated
BookValue Rate
250,000.00
250,000.00
255,493.12
755,493.12

Fitch
YTM Days to Maturity
360 Maturitv D.te

4.393 128

3.790

0.230

3.790
The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
sYs579
sYs581
SYS596
579
581
596
515
574
525
589
501
561
562
512
499
573
Average
Balance
754,394.50
4,276,254.05
2,521,311.16
Purchase
Date
06t07t2023
o6t0712023
1110712023
071o112022
07to1t2022
0813012022
08t30t2022
0710112022
07t01t2022
0710112022
07to1t2022
03131t2020
0912112022
07t22t2020
07t31t2023
0712612019
022312022
0212312022
o3l31no20
07t18t2019
0912112022
Par Value
250,000.00
250,000.00
255,493.12
755,493.12
5,189,587.38

0.00 5,189,587.38
Market Value
250,000.00
250,000.00
255,493.12
755,493.12
s,1 89,587.38

0.00 5,189,587.38

5.350

5.370

2.500

5.350

5.370

2.500
37 01t07t2024
219 07t07t2024
128 04t07t2024
Subtotal and Average
Managed Pool Accounts - LAIF
SYS21
SY523
2'l
23 5,189,587.38

0.00 5,189,587.38

3.843

0.233
Subtotal and Average
Money Market Sweep/Checking Account
SYSl
sYs6
SYST
SYSs
SYSlO
sYs9
SYS2
SYS3
SYS4
SYS19
SYS5
345,253.93

0.00 15,480.59

0.00 19,321 .66
3,276,200.45

0.00 0.00

0.00 2,000.00

0.00 345,253.93

0.00 15,480.59

0.00 19,321.66
3,276,200.45

0.00 0.00

0.00 2,000.00

0.00 345,253.93

0.00 15,480.59

0.00 19,321 .66
3,276,200.45

0.00 0.00

0.00 2,000.00

0.00 1
6 7
8 10
9 2
J
4 '19
5 Pacific Western Bank
Pacific.Vvestern Bank-Ambulance
Pacff ic Western-PublicFundsM MA
US Bank Money Market
US Bank Money Market-4591
US Bank Money Market-4590
Pacific Western - Acct Payable
Pacific\ /estern-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average

0.250

3.700

5.240

5.256

0.200
o.247

0.000

3.649
0_000

5.168

5.1 84

0.000

0.000
o.197

0.000

0.000
3,558,2s6.63
250,000.00
250,000.00
249,000.00
249,000.00
z+s,ooo.oo
250,000.00
250,000.00
250,000.00
247,000.00
250,000.00
3,658,256.63
237,025.00
237,040.00
230,880.27
240,486.69
243,454.77
226,017.50
226,017.50
237,507.50
242,645.39
237,940.00
3,6s8,256.63
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
247,000.00
250,000.00

4.709
Negotiable CD's
020080BX4
0523928T3
06063HMS9
062119CD2
06652CHA2
07371AYE7
07371CE88
05580AVX9
14042TAY3
14042RUJ8
Alma Bank
Austin Telco Fed Credit Union
Bank of Baroda
Bank Five Nine
Bankwest lnc.

Beal Bank - Plano TX
Beal Bank USA

BMW BANK NORTH AMERICA
Capital One Bank USA NA
Capital One NA

1.400

3.800

0.700

4.500

2.000

1.900
'1.900

1.550

2.300

3.900

1.380

3.744

0.690

4.438

1.973

1.874

1.874

1.529

0.000

0.000
483
1,390
599
1,701
238
1,174
1,174
486
208
1,390
0312812025
09t2112027
07t242025
0712812028
0712612024
0a17t2027
0211712027
0313112025
06t2612024
09n112027
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: O1lOgl2O24 - 12:41
Report Ver. 7.3.6.1Page 44 of 323

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
Purchase
Date
Stated
BookValue Ra1"

YTM Daysto Matudty
Fitch 360 Maturitv l)rfa
Negotiable CD's
1 5201 QDE4
29260M8E4
32027B.4M9
320437AD8
321 1 0YD93
32026UWs1
321 12UDRg
39573LBLl
530520AK1
5380361D4
58404DS\ 2
64034KAG6
654062J22
66736ABVo
69506YR15
70962LASl
724468AG8
7496224LO
856285TF8
86616RAG0
87164XR65
89235MKY6
CUSIP
06048\ A,131
06048VVM72
06406RAN7
24422EWR6
48128G2Q2
46632FRU1
612285AE6
lnvestment #Par Value
248,000.00
249,000.00
249,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
250,000.00
249,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
249,000.00
248,000.00
249,000.00
250,000.00
250,000.00
7,965,000.00
1,000,000.00
I,000,000.00
1,000,000.00
1,000,000.00
'1,000,000.00
2,000,000.00
1,000,000.00
Market Value
233,948.32
244,649.97
244,597.68
240,464.28
246,181.32
235,052.52
235,207.89
224,505.00
244,560.33
236,987.50
239,453.34
223,442.50
236,980.00
234,652.62
233,948.32
22't,216.58
234,588.92
248,509.47
235,136.24
243,502.08
238,340.00
225,967.50
7,560,907.00
897,250.00
878,250.00
949,770.00
995,380.00
892,970.00
'1,775,480.00
955,6 10.00
518
520
52'l
586
592
590
517
550
585
514
587
558
513
519
522
557
588
498
516
591
575
548
lssuer
Subtotal and Average
Bank of America MTN A
Bank of America MTN A
Bank of New iork Mellon Corp
John Deere Capital Corp
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig M
Centerstate Bank NA

ENCORE BANK
First Freedom Bank
First Guaranty Bank Hammond LA
First National Bank of America
First Foundation Bank
First Natl Bank of Mccregor TX
Greenstate Credit Union
Liberty First Credit Union
Live Oak Banking Company
Medallion Bank Utah
Nelnet Bank, lnc.

Nicolet National Bank
Northwest Bank
Pacific Western Bank CA CD
Pentagon Federal Credit Union
Pitney Bowes Bank lnc.

RIA Federal Credit Union
State Bank of lndia NY, NY CD
Summit National Bank
Synchrony Bank
Toyota Financial Sgs Bk
Average
Balance
7,965,000.00
04t30t2020
0413012020
0413012020
08t'11t2023
0811612023
08t16t2023
04t28D020
06t1612021
08t11t2023
0313112020
07131t2023
02t02t2022
03t31t2020
0413012020
0413012020
0912912021
07/31t2023
06t2412019
04n9t2020
09h612023
09t2312022
04t22t2021
05t28t2021
07t3012021
0511412020
05t18;t2023
0?,26t2021
01t2212021
07 117 t2020
248,000.00
249,000.00
249,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
250,000.00
249,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
249,000.00
248,000.00
249,000.00
250,000.00
250,000.00
7,965,000.00
1,000,000.00
1,000,000.00
1,005,321.06
1,022,662.54
1,000,000.00
2,000,000.00
1,024,543.22

1.250
1 .150

1.100

4.500

4.450

4.450

1.350

0.900

4.700

1.400

4.400

1.500

1.400

1.200
'1.250

0.900

4.400

2.500

1.600

4.500

3.950

0.900

1.250

1.200

1.600

4.750

0.800

0.700

2.503

1.233

1.135

1.086

4.438

4.394

0.000
I .JJZ

0.888

4.641

1.382

4.406

1.479

1.382

1.144

1.233

0.888

0.000

2.468

1.578

4.443

3.896

0.888
516
151
151
1,708
1 ,719
1,713
514
928
1,71'l
486
1,704
1,159
486
516
516
1,033
1,704
25 515
1,714
1,392
873
909
972
510
1,511
818
783
548
04t30t2025
04t30t2024
04t30t2024
08t04t2028
08t15t2028
08/09/2028
04t28t2025
06t16t2026
0810712028
0313112025
0713'v2028
o2loz2027
o3t31t2025
04t30t2025
0413012025
09t29t2026
07t31t2028
1A2612023
0412912025
0811012028
09n3t2027
04t22t2026

1.936 939
Medium Term Corporate Notes
549
556
524
576
538
533
526

1.233

1.184

1.190

4.083

0.789

0.690

0.819
05t28t2026
07t30t2026
0412412025
01t20t2028
022612026
0112212026
06to'v2025

1.341 855
Portfolio Clry
AP
PM (PRF_PM2) 7.3.0Run Dale: O1lo9l2o24 - 12:41
Subtotal and Average 8,053,559.93 8,000,000.00 7,34,710.00 8,052,526.82

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
Purchase
Date

YTM Daysto MatudtyStated
BookValue Rate Fitch 360 Maturitv DeteCUSIPlnvestment # Federal Agency lssues - Callables
lssuer
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed- Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg Corp
Fed- Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Nat'l Mortgage Assoc
Fed. Nat'l Mortgage Assoc
31 33ELZ 80
31 33EMH21
31 33EML67
31 33EMN99
3133EM\^r/3
31 33EPPC3
31 30AL3S1
3130A16G4
3130AL6J8
31 3OALDNl
313OALHZO
31 30ALJ62
313OALMM3
3't30AL\ 167
31304MW57
313OAQWF6
313OAQWJ8
3130AQ255
3130ARCV'l
313OARGE5
31 30AS3Z0
31 30A5567
31 30ASS91
3134Gv1rCG9
3134GXMX9
3134GXQP2
3134GXUM4
31 36G4C43
3135GA223
529
552
553
554
555
582
534
535
536
539
541
542
544
546
551
559
560
5b5
565
566
568
57'l
572
530
564
567
569
527
532
Average
Balance
/l:l,700,306.14
07t29t2020
0611712021
06t22t2021
0613012021
07t28no21
07t03t2023
0211712021
0212512021
02t24t2021
03t't6t2021
03t1812021
0312412021
0313012021
0412212021
06t30t2021
02t25t2022
02t2412022
03110t2022
03t2812022
o4t21t2022
0512612022
ogt1612022
oat10t2022
07t30t2020
03t2512022
04t28t2022
o6t07t2022
0811412020
11t't7t2020
0211812021
1UUnO20
Par Value
2,000,000.00
2,000,000.00
2,OOO,0o0.0o
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
I,000,000.00
1,000,000.00
2,000,000.00
'1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
'1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
43,700,000.00
500,000.00
300,000.00
Market Value
1,861,720-00
1,817,840.00
1 ,816,760.00
1,871,700.00
2,719,380.00
2,000,300.00
914,630.00
913,420.00
1,828,060.00
1,831,820.00
933,720.00
914,830.00
1,838,460.00
919,860.00
1,837,460.00
926,1 00.00
923,330.00
935,230.00
1,980,420.00
946,630.00
1,664,470.00
977,960.00
968,250.00
937,480.00
962,520.00
971,730.00
988,270.00
1,860,720.00
1,843,540.00
40,906,610.00
484,775.O0
280,695.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000_00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
'1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,297.66
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
43,700,297.56
500,898.79
300,000.00

0.580

0.900

0.800

0.740

0.870

5.375
0,625

0.600

0.625

0.800

0.530

0.875

1.000

1.100

0.750

2.150

2.050

2.500

2.250

3.000

3.000

4.500

4.000

0.650

2.200

3.030

3.050

0.650

0.560

0.572

0.888

0.789

0.730

0.858

5.301

0.616

0.592

0.615

0.789

0.523

0.863

0.986

1.085

0.700

2.121

2.O22

2.466

1.846

2.959

2.959

4.438

3.945
o.621

2.170

2.988

3.008

0.641

0.552
606 0712912025
927 0611512026
934 06t22t2026
577 0613012025
970 07128120?6
215 0710312024
809 02t17t2026
817 02t25t2026
816 0212412026
8s6 03t16t2026
565 06/t8/2025
844 03t24t2026
8s0 03/30/2026
873 04t22t2026
942 0613012026
1,182 0212512027
1,181 0212412027

1.195 03t10t2027
118 03t28t2024
1,237 0412112027
361 1112612024
1,354 08|t612027
1,348 0811012027
516 0413012025
480 0312512025
514 04t2A12025
189 0610712024
622 0811412025
717 1',I1712025
Miscellaneous Securities - Goupon
255651 KY6
63877NMM5
Subtotal and Average
Dixon CA Unified School Dist
Natomas CA Sch Dist M lnsured
537
531
o.672

1.100

0.395

1.085
244 0810112024
609 08/01/2025

1.530 754

0.653 381
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0RunDale: O1D9DO24 - 12:41
Subtotal and Average 800,953.10 800,000.00 765,470.00 800,898.79

lssuer
United States Treasury Bill
Subtotal and Average
Total and Average
The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
Purchase
D.fe Par Value
07t2012023 1,000,000.00
1,000,000.00
71,068,337.{3
Fitch
YTM Daysto
350 Maturitv

Maturity
DateCUSIPlnvestment #
Treasury Discounts -Amortizing
912797FV4 584
Average
2,493,753.70
70,565,532.57
Market Value
997,070.00
997,070.00
67,178,104.13
Stated
BookValue Rete
997,223.69
997,223.69
71,119,284.09

5.153 20 1212112023

5.153 20

1.954 67'l
Portfolio CITY
AP
PM (PRF PM2) 7,3.0Run Date: O1lO9l2O24 - 12:41

lc/t:.,INDIAN I WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA'92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnveslments
Total Earninos November
Current Year
Average Daily Balance
of Return
Reporting period 11 101 12023-1 1 13012023
201 4, 201 5, 2016, 2020 Series
Portfolio Management
Portfolio Summary
November 30,2023
Par
10,671.11
10,671.11
o/o of
Pbrtfotio
10,671.11 '100.00
10,671.',t1 100.00%
Market
VeIre
Book
Value Tenn
Days to
Maturity 350 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 144
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Value
10,671.11
10,671.11
30 Month Endinq
1 0.00
10,625.47

0.00%
Run Date: 01/0912024 - 13:26 No fiscal year history available

2O1 4, 201 5, 201 6, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
November gO,2O2g
Purchase
Date

Stated YTM Days to Maturity
Bookvalue P.ra Fitch ?Aq MrfirritvCUSIPlnvestment #
Money Market Sweep/Checking Account
SYS28
SYS26
SY525
SYS27
SYS24
Subtotal and Avetage
Total and Average

0.00 1 1.66

0.00 0.000

0.000

0.000

0.000

0.000
28 26
25 27
1 lssuet
2014A Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
10,625.47
10,625.47
07t0112022
071o112022
07t01t2022
07to1t2022
0710112022
Par Value

0.00 11.66

0.00 10,659.45

0.00 10,671.11
10,671.11
Market Value

0.00 11.66
000
10,659.4s

0.00 10,671.11
10,671.11
10,659.45

0.00 10,671.11
10,671.11

0.000

0.000
Portfolio 144'cP
PM (PRF_PM2) 7 3.0Run Date: 01/09/2024 - 13:26
Report Ver. 7.3.6.1Page 49 of 323

:: ,t
'i|w City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
YTM
365 Equiv.360 Equiv.

0.000 0.000

0.000 0.000
Portfolio 15A
CP
PM (PRF_PMr) 7.3.0
Report Ver. 7.3.6.'l

CATIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Value

1.00 1.00
November 30 Month Ending
INDIAN ELLS 2015 A Bonds
Portfolio Management
Portfolio Summary
November 30,2023
Market
Value
'1.00

1.00 Par Book
Value
%ot
Portfolio Telm
Days to
Maturity

1.00 100.00
r.00 100.00%1
Average
Effective
Balance
Return

0.00 1.00

0.00%
Reporting period I.t/01 /2023-1 1 13012023
Run Date: 01/092024 - 13:28
No fiscal year history available

27 22
2015 A Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
Purchase
Date Par Valuelssuer
2015 A Reserve
UBC Cost Of lssuance Escrow
Average
Balence

1.00 1.00
07to1t2022
0710112022

1.00 0.00

1.00 0.00
Market Value

1.00 1.00
Stated
BookValue Rate

1.00 0.00

1.00 1.00
Page'l
YTM Days to Maturity
Fitch 355 Maturitv Date

0.000

0.000
CUSIP lnvestment #
Money Market Sweep/Checking Account
SYS27
sYs22
Subtotal and Average
Total and Average

1.00 1.00

0.000

0.000
1 Portfolio 15A
CP
PM (PRF-PM2) 7.s.0Run Date: 01/09/2024 - 13:28
Report Ver. 7.3.6.1Page 51 of 323

"
t-*:,/

INDIAN )'WELLS
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA 92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Vrhre

1.00 1.00
November 30 Month Endins
Par
2016 A Bonds
Portfolio Management
Portfolio Summary
November 30,2023
Market
Value

1.00 1.00
Book
Value
%of
Portfolio
Days to
Maturity 360 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 16A
CP
Pr\, (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Te]m

1.00 100.00

1.00 100.00%1
Total Earnings
Current Year
Average Daily Balance
of Return
Kevin
Reporting period 1 1 /01 /2023'1 1 13012023

0.00 1.00

0.00%
Run Date: 01/09/2024 - 13:29 No fiscal year history available

1 2
2016 A Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
Purchase
Datelssuer
UBC Cost Of lssuance Escrow
Union Bank Reserve Account
Average

1.00 1.00
0710112022
07to1no22
Par Value

1.00 1.00
Market Value

1.00 1.00

0.00 1.00

0.00 1.00

0.00 1.00

0.000

0.000
Stated
BookValue p'ra

1.00 1.00
Page I
YTM Days to Maturity
Fitch 365 Maturitv n.ta

0.000

0.000
Portfolio 164
CP
PM (PRF_PM2) 7.3.0
CUSIP lnvestment #
Money Market Sweep/Checking Account
SYS28
SYS33
Subtotal and Average
Total and Average
Run Date: 01/092024 - 13:29
Report Ver. 7.3.6.1Page 53 of 323

INDIAN WELLS 2O2O A Bonds
Portfolio Management
Portfolio Summary
November 30,2023
Market
Vahre
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Value

1.00 1.00
November 30 Month Ending
%ol
Portfolio
1 .00 100.00

1.00 100.00%

1.00 1.00
Par Book
Value
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 20A
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Telm
1 Total Earnings
Cunent Year
Average Daily Balance
Effective of Return
Kevin Agency
Reporting period 1 l/01 /2023-1 1 13012023

0.00 1.00

0.00%
Run Date: 01/0912024 - 13:33 No fiscal year history available

2020 A Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30,2023
Purchase
Date Par Value

Stated YTM Days to Maturity
Book Value Ft'ra Fitch 365 Maturitv n.taMarket ValueCUSIPlnvestment#lssuer Money Market Sweep/Checking Account
SYS1 1 2020 A Bonds COI
SYS2 2 2020 A Bonds Reserve
Subtotal and Average
Total and Average
Average

1.00 1.00
07to112022
otto'ttzdzz

0.00 '1.00
L00

1.00 0.00

1.00 0.00

1.00 1.00

1.00 0.000

0.000
L00
t.00

0.000

0.000
Portfolio 204
CP
PM (PRF_PM2) 7.3.0Run Date:01/09/2024 - 13:33
Report Ver. 7.3.6.1Page 55 of 323

. ,r'' (*.i
'.{- t-'"'INDIAN JI W ELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestm€nts
Value
6,582,781.14
6,582,781.14
November 30 Month Ending

0.01 6,943,473.99

0.00%
Par
2022 Bonds
Portfolio Management
Portfolio Summary
November 30,2023
Market
Valrra
6,582,781.14
6,582,781.14
Book
Value
%ol
Portfolio
6,582,7A1 14 100.00
6,582,781.14 't00.00%
Term
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
YTM
365 Equiv.
0_000

0.000
Portfolio 22
CP
PM (PRF PM1) 7.3.0
Report Ver. 7.3.6.1
1 Total Earnings
Cunent Year
Average Daily Balance
of Return
Agency
Reporting period 1 1 /01 /2023-11 13012023
Run Date: 01/09/2024 - 13:54 No fiscal year history available

2022 Bonds
Portfolio Management
Portfolio Details - lnvestments
November 30, 2023
Purchase
Date Par Value

Stated YTM Days to Maturity
BookValue P,ta Fitch 365 Maturitv nrtaCUSIPlnvestment # Money Market Sweep/Checking Account
SYS2
SYS4
SYSl
SYSs
SYS3
Subtotal and Average
Total and Average
lssuer
2022 Bonds COI
2022 Bonds lnterest
2022 Bonds Project Fund
2022 Bonds Redemption Fund
2022 Bonds Payment Fund
2 4
1 5
3 Average
6,gt:l,473.99
6,9rl:},473.99
07to112022
0311612023
0710112022
03t1612023
o9t21t2022

0.00 251.92
6,581,641.64
885.46

2.12 6,582,781.14
5,582,781.14
Market Value

0.00 251.92
6,581,641.64
885.46

2.12 6,582,781.'t4
6,582,781.14

0.00 251.92
6,581,641.64
885.46

2.12 6,582,78'1.14
6,582,741.14

0.000

0.000

0.000

0.000

0.000

0.000

0.000
Portfolio 22
CP
PM (PRF:PM2) 7-3.0Run Date: 01/092024 - 13:54
Report Ver. 7.3.6. 1Page 57 of 323

INDIAN WELLS CITY COUNCIL
January 18, 2024

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Resolution Approving Modifications to the Resident Benefit Card Program

RECOMMENDED ACTIONS:

Council ADOPTS Resolution amending the Policy for issuance of Resident Benefit Cards.

SUMMARY:

During the City’s 2023 Strategic Planning Session, the City Council directed a review of the Resident Benefit Card (RBC) Program guidelines, specifically centering on the application of RBC cards allowing for younger children to attend City-sponsored events.

A meeting was held with City staff and the Community Activities Committee to discuss and review the matter.

The Community Activities Committee recommended that children under 12 years of age not be required to have a valid RBC card to attend non-ticketed City events. Under the current policy, all children are required to obtain a valid RBC card to participate in such events. For example, events include the Welcome Back and End of Year parties. Adults with a valid RBC and paid admission can bring children under the age of 12 at no cost to the child. Residents will continue to have the option to purchase cards for children under the age of 12 years old, however, there is no requirement to purchase a card to attend non-ticketed sponsored events. The Committee will monitor the changes and conduct a review in a year. This recommendation is grounded in two key considerations: First, the Council's collective aim is to augment resident engagement during non-ticketed events; for example, the events would include Welcome Back and End of Year events. Second, the pragmatic challenges associated with imposing an RBC requirement on children in the preteen, elementary, or toddler age brackets.

In addition, the Finance Committee conducted a comprehensive review that led to one additional recommendation. An adjustment to the RBC Policy is proposed to ensure that Full-Time Residents who rent enjoy equal assignment rights as Property Owners.

BACKGROUND:

Qualified residents may request a Golf Resident Benefit Card (RBC) or a Social RBC from the City. The Golf RBC grants eligible residents access to all City benefits, including a discounted golf rate at the Indian Wells Golf Resort. On the other hand, the Social RBC provides qualified residents with all City benefits, excluding the discounted golf rate at the Indian Wells Golf Resort.

Resident Benefit Cards are granted for one year, aligning with the calendar year. Property owners in Indian Wells who possess qualified properties may renew their RBC cards online. It is imperative to note that new residents or first-time cardholders are required to visit City Hall in person to initiate the processing of their RBC cards.

It is imperative to highlight that the RBC policy mandates all Property Owners, Housing Residents, and Full-Time Residents to meet the criteria of being "Qualified" as defined in the policy.

The City issues approximately 4,800 RBCs every year. Out of this number, approximately 2,600 are Golf RBCs, whereas 2,200 are Social RBCs. The total number of RBCs issued to full-time residents (renters) is very low in comparison to the overall number of RBCs issued. In 2023, the City granted only 64 RBCs to full-time residents.

Dependent Child of a Qualified Recipient

Although the RBC Policy allows for only two RBCs per Property, unmarried dependent children of a Qualified Recipient who already holds an RBC may be granted additional RBCs. The number of RBCs granted to such children is not restricted as long as they reside primarily on the Property and are under the age of twenty-one.

COMMITTEE RECOMMENDATIONS:

Finance Committee

RBC cards used at City-sponsored events:

During the 2023 Strategic Planning Session, the City Council directed a review of the Resident Benefit Card (RBC) Program guidelines, explicitly focusing on the utilization of RBC cards at City-sponsored events, which generally fall into two categories: ticketed and non-ticketed.

For ticketed events such as Tennis or Wildlights, a limit of two tickets per Accessor Parcel Number (APN) is applied, irrespective of the number of RBC cardholders on the property.

Possession of an RBC card is mandatory to obtain these tickets.

Non-ticketed events like the City's Welcome Back Party or Holiday Party do not impose restrictions on individual tickets. Admission is open to qualified residents with an RBC card. During the Strategic Planning Session, concerns were raised by the Council regarding the inclusion of dependent children in non-ticketed events. While there is no constraint on issuing RBCs to dependent children, the practicality of imposing an RBC requirement on preteen, elementary, or toddler-aged children was questioned.

It became evident that such a requirement was inconsistent with the Council's objective of enhancing resident engagement during non-ticketed events. The Community Activities Committee, responsible for overseeing many of the City's annual events, concurred with this perspective during a recent committee meeting. Consequently, the Community Activities Committee recommended the elimination of the RBC requirement for dependent children under the age of twelve (12) for all city-sponsored non-ticketed events to the Finance Committee—a recommendation endorsed by the Finance Committee as well.

Finally, an examination of the age limit delineating dependent children within the Policy was undertaken. The Finance Committee's examination revealed that maintaining the age limit at 21 optimally balances the benefits derived from the policy. This may include considerations such as additional consumption, tee time compression, and overall quality of life, as discussed during the committee's evaluation. The age of 21 may represent a point at which dependents can fully appreciate and responsibly handle the benefits provided by the policy. Retaining the age limit at 21 reflects a judicious alignment with legal norms, consideration of key developmental milestones, and a thoughtful assessment of the policy's intended outcomes. It underscores a nuanced approach that is attuned to the practical realities of individuals' lives as they transition into adulthood.

RBC Assignment

Recent observations have brought to light a potential inconsistency in the application of the RBC policy to Property Owners and Full-Time Residents who rent within the community. In accordance with the policy, Property Owners have the prerogative to delegate the issuance of a second card (limited to two cards per property) to a spouse or domestic partner not listed on the deed, given that no other Qualified Recipient is issued an RBC for that property. Per policy specifications, a domestic partner is defined as an individual over the age of 18, not a domestic employee, and unrelated by blood or marriage to the Qualified Recipient. This partner should consistently reside on the property in an ongoing domestic relationship.

Conversely, Full-Time Residents who rent are not afforded this option. The existing policy stipulates that the spouse or domestic partner of a housing resident or full -time resident must be included in the lease agreement. Recent staff discussions have revealed instances where a qualified full-time resident has sought to include a spouse or domestic partner not listed on the lease.

After thorough review and discussion, the Finance Committee has endorsed a proposed amendment to afford assignment rights to Full-Time Residents for Council consideration.

It is important to note that this proposed amendment does not alter the established maximum of two (2) RBCs per property per year.

FISCAL IMPACT:

The fiscal impact is deemed inconsequential. As per the information provided by the City Manager's office, the allocation of tickets for most City events, such as tennis, is restricted to two tickets per Accessor's Parcel Number (APN). Consequently, the issuance of a supplementary card to the domestic partner of a housing resident or a full-time resident is anticipated to have no bearing on the total number of tickets distributed.

It is rational to posit that resident engagement at the Golf Resort may witness an upswing attributable to heightened resident participation in rounds, increased patronage in food and beverage establishments, and augmented merchandise acquisitions. The City Council presently subsidizes all resident activities in this domain; however, the recent implementation of the Council's golf deliverables and modifications to the Troon agreement have annulled the Golf Subsidy commencing the fiscal year 2024 -25. The residual subsidies linked to Food & Beverage and merchandise are considered negligible.

ATTACHMENTS:

1. Resolution Amending Policy - Issuance of RBC

RESOLUTION NO. 2024-__

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

CALIFORNIA, ADOPTING AN AMENDED AND RESTATED POLICY FOR THE

ISSUANCE OF RESIDENT BENEFIT CARDS FOR PROPERTY OWNERS AND

FULL-TIME CITY RESIDENTS
WHEREAS, on January 7, 1993, an agreement entitled "Complimentary Golf Policy for the Indian Wells Golf Resort" was entered into with the Stouffer Esmeralda Resort and Hyatt Grand Champions Resort (Grantor Hotels) and the City of Indian Wells, and WHEREAS, the 1993 Agreement established the criteria for issuance of Property Owner Identification Cards, to be issued by the City, shall be within the sole discretion of the City Council; and WHEREAS, on February 20, 1997, the City Council adopted Resolution No. 1997-14 to revise the criteria for the issuance of Property Owner Identification Cards and WHEREAS, on November 4, 2004, the City Council adopted Resolution No. 2004-58 to revise such criteria to allow for the issuance of an Indian Wells Housing Resident Benefits Card; and WHEREAS, on June 2, 2005, the City Council adopted Resolution No. 2005-27 to revise such criteria to allow for the issuance of a Residence Hotel Resident Benefits Card; and WHEREAS, on September 20, 2007, the City Council adopted Resolution No. 2007-44 to establish revised criteria for the issuance of Property Owner Identification Cards and to establish an annual issuance on a calendar year basis; and
WHEREAS, on April 4, 2013, the City Council adopted Resolution No. 2013-08 to revise the criteria for issuance of Property Owner Identification Cards, clarifying that the qualified property owners be listed on the recorded deed and
WHEREAS, on October 15, 2015, the City Council adopted Resolution No. 2105-36 to revise the criteria for issuance of Resident Benefit Cards to Full Time City Non-Property Owner Residents; and WHEREAS, on May 18, 2017, the City Council adopted Resolution No. 2017-28 to revise the criteria for issuance of Resident Benefit Cards to add Golf and Social card categories and Therefore, the City Council now desires to adopt an amended and restated policy for issuing Resident Benefit Cards to Full-Time Residents, among other matters.

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

SECTION 1. The City Council hereby ADOPTS the Amended and Restated Policy for the Issuance of Resident Benefit Cards, as set forth in Exhibit "A" attached hereto and by this reference incorporated herein.

ATTACHMENT #1

City of Indian Wells
Resolution No. 2024-

SECTION 2. Policy changes as set forth in Exhibit "A" attached hereto shall take effect immediately after adoption.

SECTION 3. This Resolution shall take effect upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 18th day of January 2024.

_________________________________

GREG SANDERS
MAYOR

CERTIFICATION FOR RESOLUTION BILL NO. 2024-XX

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 on this 18th day of January 2024, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

___________________________________ _________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Exhibit "A"

AMENDED POLICY FOR THE ISSUANCE OF RESIDENT BENEFIT CARDS

The person named on a Resident Benefit Card (“RBC") issued by the City of Indian Wells is entitled to receive certain resident benefits provided by the City, as established by the City, or voluntarily supplied by third parties from time to time.

As set forth in this policy, an RBC may be issued to the following persons (definitions are set forth herein) (Qualified Residents):

• Property Owners
• Housing Residents
• Residence Hotel Residents
• Full-Time Residents

Resident Benefit Cards

1. The City will issue a Golf RBC or a Social RBC to Qualified Residents upon request.

a. The Golf RBC entitles Qualified Residents to receive all City benefits, including the foregoing discounted golf rate at the Indian Wells Golf Resort.

b. The Social RBC entitles Qualified Residents to receive all City benefits except for the discounted golf rate at the Indian Wells Golf Resort, otherwise available to Qualified Residents.

2. An RBC shall contain the Qualified Resident's picture, first and last name, and either the Assessor's Parcel Number (APN) of the Property or the name of the City Owned Residential Community and Unit Number, as applicable.

3. The City will charge an annual fee per APN to issue a Golf RBC and a Social RBC as follows:

a. Golf RBC $50 each card
b. Social RBC $10 each card
c. Social RBC $5 for each additional card subject to policy restrictions

4. RBC Fees are not subject to proration during the calendar year.

5. Charge for replacement cards issued to a valid Qualified Resident if the Qualified Resident has lost an RBC:

a. Golf RBC replacement card $5.00
b. Social RBC replacement card $5.00

6. An RBC shall be valid for no more than the remainder of the calendar year it is issued (an RBC

will expire on December 31 of that year). An RBC shall automatically terminate and be returned promptly to the City when the recipient of the RBC is no longer a Qualified Resident.

7. Making any false material statement on the RBC application shall, in addition to any other remedy available at law, be grounds to deny the application or revoke the RBC if one has already been issued. Persons found violating the RBC Issuance and Use Policy are subject to denial or revocation of an RBC and may be prohibited from obtaining an RBC in the future.

RBC Term, Issuance to Dependent Children, and Property Eligibility Requirements

1. For each calendar year, a maximum of two (2) RBCs will be issued by the City for each lawfully occupied residential lot in the City (''Property'').

a. An RBC will be issued to (individually and collectively referred to as, "Qualified Recipients'') as defined in each RBC category.

2. A Dependent Child of a Qualified Recipient

a. Notwithstanding the limitation of two (2) RBCs per Property otherwise outlined in this Policy. RBCs may also be issued to each unmarried dependent child of a Qualified Recipient who is issued an RBC, without limitation as to their number if the child is under the age of twenty-one years.

3. Property Eligibility Requirements

a. To be eligible for issuance of RBCs, a property must contain either a single-family or a multi-family dwelling unit suitable for habitation and for which the City of Indian Wells has issued a certificate of occupancy.

b. Must not be a single-family or a multi-family dwelling unit in the process of being constructed or rehabilitated such that occupancy is not feasible.

c. Must not be a vacant lot. RBCs will not be issued on vacant lots or properties unsuitable for habitation.

Requirements for Qualified Recipients by Category

1. Requirements for Property Owners

a. A Qualified Recipient (Property Owner) must submit to the City proof of ownership of fee title to the Property to be issued an RBC. Proof of fee ownership of the Property must consist of at least one of the following:

i. Listing of ownership of the Property under the names of each of the Qualified Recipients as posted on the County of Riverside certified and recorded tax rolls as evidenced by a recorded Grant Deed;

ii. The most recently executed and recorded grant or quitclaim deed sets forth by naming each of the Qualified Recipients as fee owners of the Property. Provided

that the deed has on its face confirmation stamped by the Recorder's Office that it has been officially recorded in the Recorder of the County of Riverside office.

iii. To avoid confusion, recorded deeds presented as proof of ownership must be officially "date stamped" with the Office of the County Recorder's seal.

iv. The City will verify, or require verification from the applicant, that the applicable deed has been recorded in the Office of the Recorder of the County of Riverside.

b. The City will issue an RBC to a spouse or domestic partner of a Qualified Recipient not listed on the deed, as long as no other Qualified Recipient is issued an RBC for that Property. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Qualified Recipient, who resides on the property on a regular, continuous basis as part of an ongoing domestic relationship with the Qualified Recipient.

c. In cases where a property has multiple owners, they are permitted to exchange or transfer RBCs within the calendar year. To facilitate such transactions, previously issued RBCs must be relinquished and returned to the City's Finance Department. It is important to note that the issuance of RBCs is limited to a maximum of two at any given time per property. Any subsequent issuances are subject to the full complement of associated fees. Fees are not subject to probation.

2. Requirements for property owned by corporations, trusts, or partnerships.

a. For each Property owned by a corporation, trust, or partnership, a maximum of two persons may qualify as Qualified Recipients. To qualify, the person(s) named as owner(s) or designated by the owner(s) as Qualified Recipient(s) must present documentation, to the satisfaction of the City, indicating that they are at least one of the following:

i. A member of the board of directors of the corporation that owns the Property, as set forth on a valid, current, and executed resolution of the board of directors, which designates explicitly up to two (2) specifically named directors to be Qualified Recipients for that calendar year.

ii. A trustor, trustee, or beneficiary of the trust that owns the Property, provided that a copy of the valid, current and executed trust document listing Qualified Recipients by name is submitted to the City and, in instances where the trust document sets forth by name, in the aggregate, multiple trustors, trustees, and beneficiaries, a maximum of two (2) persons among them may be issued RBCs on a first come, first issued basis, for that calendar year.

iii. A partner of the partnership that owns the Property, as set forth in a written certification, executed by the managing partner or by partners comprising a majority ownership of the partnership, which designates explicitly up to two (2) named partners to be Qualified Recipients for that calendar year.

b. The City will issue an RBC to a spouse or domestic partner of a Qualified Recipient not

listed on the deed as long as no other Qualified Recipient is issued an RBC for that Property. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Qualified Recipient, who resides on the property on a regular, continuous basis as part of an ongoing domestic relationship with the Qualified Recipient.

c. In cases where a property has multiple owners, they are permitted to exchange or transfer RBCs within the calendar year. To facilitate such transactions, previously issued RBCs must be relinquished and returned to the City's Finance Department. It is important to note that the issuance of RBCs is limited to a maximum of two at any given time per property. Any subsequent issuances are subject to the full complement of associated fees. Fees are not subject to proration.

Issuance to City/Housing Authority Residential Community Residents

1. Separate rules as follows shall apply to the issuance of RBCs to residential tenants in City/Housing Authority (''City'') owned residential community’s units (e.g., Indian Wells Villas and Mountain View Villas) (''City Owned Residential Communities''):

a. The City will issue RBCs to persons with "Qualified Housing Resident" status, as hereafter defined.

b. For purposes of this policy, the term "Qualified Housing Resident " means any person who resides within city-owned residential communities.

c. To be eligible for issuance of an RBC, a Qualified Housing Resident is required to be named as the renter in a valid, current rental agreement provided by the management company (''Manager'') which subleases or operates and manages the applicable City Owned Residential Community.

d. Qualified Housing Residents shall submit, or cause the Manager to submit, a valid rental agreement to the City to issue an RBC.

e. A Qualified Housing Resident is required to surrender his/her RBC upon termination or expiration of the applicable rental agreement. The Manager will oversee the collection of the RBCs of former Qualified Housing Residents.

f. An RBC will be issued with the Qualified Housing Resident's picture, first and last name, name of the City Owned Residential Community, and unit number of the applicable dwelling unit.

Issuance to Residence Hotel Residents

1. Separate rules as follows shall be applicable to the issuance of RBCs to Residence Hotel Residents:

a. For purposes of this Policy, the term "Residence Hotel Resident" shall mean the person or entity owning a residence available for use within the City's recognized and

established Hotel Occupancy Program.

b. The City shall require an agreement with an applicable hotel project developer to fairly and accurately determine the valid status of Residence Hotel Residents for the purpose of this Policy. Once this is determined to the satisfaction of the City, in its sole and absolute but reasonable discretion, an RBC will be issued with an individual's picture, first and last name, Residence Hotel unit number, and name of the Residence Hotel.

c. The City will issue a RBC to a spouse or domestic partner of a Residence Hotel Resident who is not listed on the deed, as long as no other individual is issued a RBC for that Property other than the one Residence Hotel Resident who actually receives a RBC for that unit. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Residence Hotel Resident, who resides in the applicable unit on a regular, continuous basis as part of an ongoing domestic relationship with the Residence Hotel Resident.

d. In cases where a property has multiple owners, they are permitted to exchange or transfer RBCs within the calendar year. To facilitate such transactions, previously issued RBCs must be relinquished and returned to the City's Finance Department. It is important to note that the issuance of RBCs is limited to a maximum of two at any given time per property. Any subsequent issuances are subject to the full complement of associated fees. Fees are not subject to probation.

Issuance to Full Time City Non-Property Owner Residents

1. Separate rules as follows shall be applicable to the issuance of RBCs to Full Time Residents (as hereinafter defined):

a. The City will issue RBCs to persons with "Full Time Resident" status, as hereafter defined.

b. For purposes of this Policy, the term "Full Time Resident" means any current resident who is obligated under written lease, a copy of which shall be provided to the City, to pay rent for rental housing to the owner of the Property for a period of at least twelve (12) consecutive months before or immediately following the date of application for a RBC ( either of the foregoing twelve (12) month periods shall be referred to as the "Qualifying Period''). Upon application for a RBC, the Full-Time Resident shall certify in writing, under penalty of perjury:

i. That the address of the Property claimed is his or her domicile where habitation is fixed,
ii. Wherein he or she has the intention of remaining and iii. To which whenever he or she is absent, the person has the intention of returning, and
iv. That he or she is not registered to vote at any other address.

c. To be eligible for issuance of a RBC, a Full-Time Resident must obtain written permission to apply for a RBC from the owner of the Property on a form provided by

the City and be named as the tenant in a valid, current rental agreement covering the Qualifying Period, a copy of which shall be filed with the City.

d. The City will issue an RBC to a spouse or domestic partner of a Full-Time Resident not listed on the valid, current rental agreement covering the Qualifying Period as long as no other Full-Time Resident is issued an RBC for that Property. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Full-Time Resident, who resides on the property on a regular, continuous basis as part of an ongoing domestic relationship with the Full-Time Resident.

i. The trading or transfer of a spouse or domestic partner RBC is prohibited once RBC is issued for that Property for that calendar year.

e. Once it is determined to the satisfaction of the City, in its sole and absolute, but reasonable discretion, that the individual is a full-time resident, as defined above, an RBC will be issued with the Full-Time Resident's picture, first and last name, and Assessor's Parcel Number (APN) of the Property.

i. The City will issue a maximum of two (2) RBCs to qualifying Full-Time Residents.

ii. To help effectuate the requirement in subsection d(i) above, the owner of the Property must relinquish, in writing, his or her right to an RBC during the time a Full-Time Resident has possession of a valid RBC.

f. A Full-Time Resident and the spouse or domestic partner of a Full-Time Resident are required to surrender their RBC upon termination or expiration of the applicable rental agreement.

i. The owner of the Property is required to collect surrendered RBCs from the Full- Time Resident at the time the applicable rental agreement expires or terminates, and return said RBCs to the City's Finance Department.

ii. The City is prohibited from issuing an RBC to the Property Owner or a new Full Time Resident for a Property until the owner of the Property surrenders all prior RBCs to the City's Finance Department.

Exhibit "A"

AMENDED POLICY FOR THE ISSUANCE OF RESIDENT BENEFIT CARDS The person named on a Resident Benefit Card (“RBC") issued by the City of Indian Wells is entitled to receive certain resident benefits provided by the City, as established by the City, or voluntarily supplied by third parties from time to time.

As set forth in this policy, an RBC may be issued to the following persons (definitions are set forth herein) (Qualified Residents):
•Property Owners
•Housing Residents
•Residence Hotel Residents
•Full-Time Residents
Resident Benefit Cards

1.The City will issue a Golf RBC or a Social RBC to Qualified Residents upon request. a.The Golf RBC entitles Qualified Residents to receive all City benefits, including the foregoing discounted golf rate at the Indian Wells Golf Resort. b.The Social RBC entitles Qualified Residents to receive all City benefits except for the discounted golf rate at the Indian Wells Golf Resort, otherwise available to Qualified Residents.

2.An RBC shall contain the Qualified Resident's picture, first and last name, and either the Assessor's Parcel Number (APN) of the Property or the name of the City Owned Residential Community and Unit Number, as applicable.

3.The City will charge an annual fee per APN to issue a Golf RBC and a Social RBC as follows:
a.Golf RBC $50 each card
b.Social RBC $10 each card
c.Social RBC $5 for each additional card subject to policy restrictions

4.RBC Fees are not subject to proration during the calendar year.

5.Charge for replacement cards issued to a valid Qualified Resident if the Qualified Resident has lost an RBC:
a.Golf RBC replacement card $5.00
b.Social RBC replacement card $5.00

6.An RBC shall be valid for no more than the remainder of the calendar year it is issued (an RBC will expire on December 31 of that year). An RBC shall automatically terminate and ATTACHMENT #2

be returned promptly to the City when the recipient of the RBC is no longer a Qualified Resident.

7. Making any false material statement on the RBC application shall, in addition to any other remedy available at law, be grounds to deny the application or revoke the RBC if one has already been issued. Persons found violating the RBC Issuance and Use Policy are subject to denial or revocation of an RBC and may be prohibited from obtaining an RBC in the future.

RBC Term, Issuance to Dependent Children, and Property Eligibility Requirements

1. For each calendar year, a maximum of two (2) RBCs will be issued by the City for each lawfully occupied residential lot in the City (''Property'').

a. An RBC will be issued to (individually and collectively referred to as, "Qualified Recipients'') as defined in each RBC category.

2. A Dependent Child of a Qualified Recipient

a. Notwithstanding the limitation of two (2) RBCs per Property otherwise outlined in this Policy. RBCs may also be issued to each unmarried dependent child of a Qualified Recipient who is issued an RBC, without limitation as to their number if the child is under the age of twenty-one years.

3. Property Eligibility Requirements

a. To be eligible for issuance of RBCs, a property must contain either a single-family or a multi-family dwelling unit suitable for habitation and for which the City of Indian Wells has issued a certificate of occupancy.

b. Must not be a single-family or a multi-family dwelling unit in the process of being constructed or rehabilitated such that occupancy is not feasible.

c. Must not be a vacant lot. RBCs will not be issued on vacant lots or properties unsuitable for habitation.

Requirements for Qualified Recipients by Category

1. Requirements for Property Owners

a. A Qualified Recipient (Property Owner) must submit to the City proof of ownership of fee title to the Property to be issued an RBC. Proof of fee ownership of the Property must consist of at least one of the following:

i. Listing of ownership of the Property under the names of each of the

Qualified Recipients as posted on the County of Riverside certified and recorded tax rolls as evidenced by a recorded Grant Deed;

ii. The most recently executed and recorded grant or quitclaim deed sets forth by naming each of the Qualified Recipients as fee owners of the Property.

Provided that the deed has on its face confirmation stamped by the Recorder's Office that it has been officially recorded in the Recorder of the County of Riverside office.

iii. To avoid confusion, recorded deeds presented as proof of ownership must be officially "date stamped" with the Office of the County Recorder's seal.

iv. The City will verify, or require verification from the applicant, that the applicable deed has been recorded in the Office of the Recorder of the County of Riverside.

b. The City will issue an RBC to a spouse or domestic partner of a Qualified Recipient not listed on the deed, as long as no other Qualified Recipient is issued an RBC for that Property. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Qualified Recipient, who resides on the property on a regular, continuous basis as part of an ongoing domestic relationship with the Qualified Recipient.

c. In cases where a property has multiple owners, they are permitted to exchange or transfer RBCs within the calendar year. To facilitate such transactions, previously issued RBCs must be relinquished and returned to the City's Finance Department. It is important to note that the issuance of RBCs is limited to a maximum of two at any given time per property. Any subsequent issuances are subject to the full complement of associated fees. Fees are not subject to probation.

2. Requirements for property owned by corporations, trusts, or partnerships.

a. For each Property owned by a corporation, trust, or partnership, a maximum of two persons may qualify as Qualified Recipients. To qualify, the person(s) named as owner(s) or designated by the owner(s) as Qualified Recipient(s) must present documentation, to the satisfaction of the City, indicating that they are at least one of the following:

i. A member of the board of directors of the corporation that owns the Property, as set forth on a valid, current, and executed resolution of the board of directors, which designates explicitly up to two (2) specifically named directors to be Qualified Recipients for that calendar year.

ii. A trustor, trustee, or beneficiary of the trust that owns the Property, provided that a copy of the valid, current and executed trust document listing Qualified Recipients by name is submitted to the City and, in instances where the trust document sets forth by name, in the aggregate,

multiple trustors, trustees, and beneficiaries, a maximum of two (2) persons among them may be issued RBCs on a first come, first issued basis, for that calendar year.

iii. A partner of the partnership that owns the Property, as set forth in a written certification, executed by the managing partner or by partners comprising a majority ownership of the partnership, which designates explicitly up to two (2) named partners to be Qualified Recipients for that calendar year.

b. The City will issue an RBC to a spouse or domestic partner of a Qualified Recipient not listed on the deed as long as no other Qualified Recipient is issued an RBC for that Property. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Qualified Recipient, who resides on the property on a regular, continuous basis as part of an ongoing domestic relationship with the Qualified Recipient.

c. In cases where a property has multiple owners, they are permitted to exchange or transfer RBCs within the calendar year. To facilitate such transactions, previously issued RBCs must be relinquished and returned to the City's Finance Department. It is important to note that the issuance of RBCs is limited to a maximum of two at any given time per property. Any subsequent issuances are subject to the full complement of associated fees. Fees are not subject to proration.

Issuance to City/Housing Authority Residential Community Residents

1. Separate rules as follows shall apply to the issuance of RBCs to residential tenants in City/Housing Authority (''City'') owned residential community’s units (e.g., Indian Wells Villas and Mountain View Villas) (''City Owned Residential Communities''):

a. The City will issue RBCs to persons with "Qualified Housing Resident" status, as hereafter defined.

b. For purposes of this policy, the term "Qualified Housing Resident " means any person who resides within city-owned residential communities.

c. To be eligible for issuance of an RBC, a Qualified Housing Resident is required to be named as the renter in a valid, current rental agreement provided by the management company (''Manager'') which subleases or operates and manages the applicable City Owned Residential Community.

d. Qualified Housing Residents shall submit, or cause the Manager to submit, a valid rental agreement to the City to issue an RBC.

e. A Qualified Housing Resident is required to surrender his/her RBC upon termination or expiration of the applicable rental agreement. The Manager will oversee the collection of the RBCs of former Qualified Housing Residents.

f. An RBC will be issued with the Qualified Housing Resident's picture, first and last name, name of the City Owned Residential Community, and unit number of the applicable dwelling unit.

Issuance to Residence Hotel Residents

1. Separate rules as follows shall be applicable to the issuance of RBCs to Residence Hotel Residents:

a. For purposes of this Policy, the term "Residence Hotel Resident" shall mean the person or entity owning a residence available for use within the City's recognized and established Hotel Occupancy Program.

b. The City shall require an agreement with an applicable hotel project developer to fairly and accurately determine the valid status of Residence Hotel Residents for the purpose of this Policy. Once this is determined to the satisfaction of the City, in its sole and absolute but reasonable discretion, an RBC will be issued with an individual's picture, first and last name, Residence Hotel unit number, and name of the Residence Hotel.

c. The City will issue a RBC to a spouse or domestic partner of a Residence Hotel Resident who is not listed on the deed, as long as no other individual is issued a RBC for that Property other than the one Residence Hotel Resident who actually receives a RBC for that unit. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Residence Hotel Resident, who resides in the applicable unit on a regular, continuous basis as part of an ongoing domestic relationship with the Residence Hotel Resident.

d. In cases where a property has multiple owners, they are permitted to exchange or transfer RBCs within the calendar year. To facilitate such transactions, previously issued RBCs must be relinquished and returned to the City's Finance Department. It is important to note that the issuance of RBCs is limited to a maximum of two at any given time per property. Any subsequent issuances are subject to the full complement of associated fees. Fees are not subject to probation.

Issuance to Full Time City Non-Property Owner Residents

1. Separate rules as follows shall be applicable to the issuance of RBCs to Full Time Residents (as hereinafter defined):

a. The City will issue RBCs to persons with "Full Time Resident" status, as hereafter defined.

b. For purposes of this Policy, the term "Full Time Resident" means any current

resident who is obligated under written lease, a copy of which shall be provided to the City, to pay rent for rental housing to the owner of the Property for a period of at least twelve (12) consecutive months before or immediately following the date of application for a RBC ( either of the foregoing twelve (12) month periods shall be referred to as the "Qualifying Period''). Upon application for a RBC, the Full-Time Resident shall certify in writing, under penalty of perjury:

i. That the address of the Property claimed is his or her domicile where habitation is fixed,
ii. Wherein he or she has the intention of remaining and iii. To which whenever he or she is absent, the person has the intention of returning, and
iv. That he or she is not registered to vote at any other address.

c. To be eligible for issuance of a RBC, a Full-Time Resident must obtain written permission to apply for a RBC from the owner of the Property on a form provided by the City and be named as the tenant in a valid, current rental agreement covering the Qualifying Period, a copy of which shall be filed with the City.

d. The City will issue an RBC to a spouse or domestic partner of a Full-Time Resident not listed on the valid, current rental agreement covering the Qualifying Period as long as no other Full-Time Resident is issued an RBC for that Property. For purposes of this Policy, a domestic partner is defined as a person over the age of 18, not a domestic employee and not related by blood or marriage to the Full-Time Resident, who resides on the property on a regular, continuous basis as part of an ongoing domestic relationship with the Full-Time Resident.

i. The trading or transfer of a spouse or domestic partner RBC is prohibited once RBC is issued for that Property for that calendar year.

d.e. Once it is determined to the satisfaction of the City, in its sole and absolute, but reasonable discretion, that the individual is a full-time resident, as defined above, an RBC will be issued with the Full-Time Resident's picture, first and last name, and Assessor's Parcel Number (APN) of the Property.

i. The City will issue a maximum of two (2) RBCs to qualifying Full-Time Residents.

ii. To help effectuate the requirement in subsection d(i) above, the owner of the Property must relinquish, in writing, his or her right to an RBC during the time a Full-Time Resident has possession of a valid RBC.

e.f. A Full-Time Resident and the spouse or domestic partner of a Full-Time Resident are required to surrender their RBC upon termination or expiration of the applicable rental agreement.

i. The owner of the Property is required to collect surrendered RBCs from the Full-Time Resident at the time the applicable rental agreement expires or

terminates, and return said RBCs to the City's Finance Department.

ii. The City is prohibited from issuing an RBC to the Property Owner or a new Full Time Resident for a Property until the owner of the Property surrenders all prior RBCs to the City's Finance Department.

INDIAN WELLS CITY COUNCIL
January 18, 2024

To: City Council
From: Public Works
Prepared by: Ken Seumalo, Public Works Director
Subject: Award Lippert Construction West Drop Structure Repair Project

RECOMMENDED ACTION:

Council AWARDS contract to Lippert Construction for $3,314,314 for the West Drop Structure Repairs; and

AUTHORIZES and DIRECTS the City Manager to execute an agreement for the same; and

AUTHORIZES the City Manager, or designee, to allocate insurance funds to the Public Works Capital Improvements account.

DISCUSSION:

In August 2023, the Coachella Valley experienced a severe rainstorm event, Tropical Storm Hilary. The storm generated a high volume of water in the Whitewater River Channel that caused excess damage and debris at the Indian Wells Golf Resort. The West Drop Structure sustained damage on top of what had been impaired in previous storms. In addition, the Low Flow Channel that flows under the Eldorado Bridge to the drop structure was destroyed, resulting in dangerous erosion. Governor Newsom declared the emergency storm event a disaster on August 19, 2023 , and the Federal Government declared Tropical Storm Hilary a major disaster on November 21, 2023.

The scope of work to be awarded will include drop structure repair, golf cart crossing and low flow channel repair.

Staff posted this project publicly and received two responsive bids. Lippert Construction was the low bidder. Staff presented the damages to the City’s Insurance Carrier and was awarded the total amount of $3,314,314 for the repair.

FISCAL IMPACT:

The City is slated to receive insurance proceeds totaling $3,314,314, earmarked to completely cover the costs associated with the restoration of the West Drop Structure.

No further financial allocations will be necessary to complete the restoration project successfully. From a budgetary perspective, however, the Council must grant approval for a supplemental appropriation amounting to $3,314,314 to initiate the repair proceedings. The deposit of insurance proceeds and the cost of the repairs will come from the City’s Capital Improvement Fund.

ATTACHMENTS:

1. Lippert Construction Contract

26529.00000\41023838.1
(BB&K 2021) -41-00 52 13 CONTRACT

00 52 13 CONTRACT
This CONTRACT is made and entered into this 7th day of December, 2023, by and between City of Indian Wells City Lippert Construction, Inc.,
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a.SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

WEST DROP STRUCTURE WHITEWATER RIVER
The Contractor and its surety shall be liable to the City for any damages arising as a result of b.TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
c.CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million Three- Hundred Fourteen Thousand Three Hundred Fourteen Dollars ($3,314,314.00). Payment shall be made as set forth in the General Conditions.
d.LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e.COMPONENT PARTS OF THE CONTRACT.
following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
ATTACHMENT #1

26529.00000\41023838.1

(BB&K 2021) -42- 00 52 13 CONTRACT

Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public , Except
Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed Change Orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

26529.00000\41023838.1
(BB&K 2021)-43-00 52 13 CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF INDIAN WELLS LIPPERT CONSTRUCTION, INC.

By: ______ By:

Ken Seumalo, P.E.

Public Works Director
David R. Lipper
President
By: ___________________________
Chrispoher J Freeland
City Manager
ATTEST:

By:

Angelica Avila
City Clerk
APPROVED AS TO FORM:

By: FOR
City Attorney

END OF CONTRACT

INDIAN WELLS CITY COUNCIL
January 18, 2024

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Signal Modification Supplemental Funding Request

RECOMMENDED ACTIONS:

Council APPROVES Supplemental appropriation for $40,000 from the City’s Capital Improvement Fund to participate in a pilot safety program related to Traffic Signals along Fred Waring Drive.

BACKGROUND:

In 2019, the California Department of Transportation (CalTrans) updated the standards for traffic signals, with the inclusion of yellow reflective boarders around traffic signal head back-plates. The purpose of this modification is to add an additional layer of safety by alerting the public to an upcoming signalized intersection, particularly when power is lost to the traffic signal. The reflective tape frames the traffic signal head increasing its visibility.

The City of Palm Desert is working on a project to replace the existing, non-reflective backing plates with reflective ones in their community. Staff received an inquiry from the City of Palm Desert about participating in their project to have the traffic signals along Fred Waring and one on Hovley Lane, located within Indian Wells replaced as well. Staff wishes to participate in Palm Desert’s project as a pilot program for the City of Indian Wells. Fred Waring Drive is a high speed, high volume, major arterial roadway, which may benefit from the installation of the new signal heads. As part of the City’s evaluation of the new signals, staff will take field measurements of the improved visibility, monitor the effective life of the reflective tape, and obtain feedback from Staff, Sheriff’s Department, and other professionals to determine the effectiveness of the project. Staff will report back to the Public Safety Committee of the findings one year after the project has been completed.

If approved, the affected intersections are:

Hovley Lane & El Dorado Drive
Fred Waring Drive and Cook Street
Fred Waring Drive and California Street
Fred Waring Drive and Warner Trail
Fred Waring Drive and Entrada Las Brisas (entrance to Southwest Church)

FISCAL IMPACT:

Staff is requesting approval to allocate $40,000 from the City’s Capital Improvement Program fund to support this pilot program.

INDIAN WELLS CITY COUNCIL
January 18, 2024

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Acceptance of Highway 111 Rehabilitation Project

RECOMMENDED ACTIONS:

Council APPROVES acceptance of the Highway 111 Rehabilitation project as complete.

DISCUSSION:

As the main east-west thoroughfare through Indian Wells, Highway 111 conveys significant traffic volume. The intense use had worn the pavement, and the roadway needed a mix of localized repair, asphalt grinding and overlay, slurry seal application, ADA ramp replacement, and striping.

The project was divided into two phases: Phase I - segment between the Western City Limits and Eldorado Drive, including turn lanes; and Phase II - Eldorado Drive to the Eastern City Limits. The work was completed over the summers of 2022 and 2023.

The roadwork was substantial, and resulted in an excellent representation of the quality Indian Wells is known for. All contractors have been paid, and a Notice of Completion has been filed with Riverside County. Staff is requesting that the City Council deem the project complete.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

1. Highway 111 Record Plans

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75-410 Gerald Ford Drive, Suite 100 , Palm Desert, CA 92211 Phone: (760) 7766145 MBAKERINTL.COM

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75-410 Gerald Ford Drive, Suite 100 , Palm Desert, CA 92211 Phone: (760) 7766145 MBAKERINTL.COM

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1 INDIAN WELLS CITY COUNCIL
January 18, 2024
To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Ordinance Amending the City’s Zoning Code Relating to City Landscape Requirements and Finding the Action Exempt
from CEQA
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
FINDS that the ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15304, where the proposed amendment consists of minor public or private alterations to the condition of land, water or vegetation as there is no possibility the activity in question will have a significant effect on the environment; and INTRODUCES Ordinance to be read by title only and further reading waived, amending Sections 21.60.020, 21.60.080, 21.90.030 and adding Section 21.60.085 to the Zoning Code relating to the City’s landscape regulations.

BACKGROUND:

The process of amending the City’s landscape ordinance has been comprehensive, involving multiple study sessions, public hearings, and collaborative efforts between the Planning Commission, City Council, and Community stakeholders. After three (3) separate study sessions with the community, the Planning Commission held a duly noticed Public Hearing on October 26, 2023 on the proposed amendments and additions to the City’s landscape ordinance. At the hearing, the Planning Commission unanimously recommended approval to City Council via Resolution No. PC 2023-07 with four (4) recommendations (Attachment 1).

The City Council, in its December 7, 2023, meeting, expressed general support for the ordinance and its proposed amendments. However, concerns were raised by Council members about applying the landscape standards to gated communities and working with the property owners recently identified as being out of compliance with the current regulations. In that regard, staff presented Council with some optional policies aimed at

2 easing the transition for residents, focusing the applicability, and providing an administrative review and approval process for minor deviations to the landscape standards. The optional policies for Council’s consideration; included:

1. Rescinding all recent notices sent out to property owners found to be in non- compliance with the current landscape standards.

2. Applying the City’s landscape standards to the following within all areas of the City that are not part of a Common Interest Development:

a. All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sf); and

b. All properties that, as of December 1, 2023, have within fewer than two (2) plants per 100 sf or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

3. Allowing any property owner to apply for an administrative landscape- exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

The primary intent of the optional policy considerations would allow Common Interest Developments (“CID” also referred to as homeowner associations) within gated communities the ability to regulate and enforce their own landscape standards, considering they are not visible from public views. The new landscape standards would, therefore, only apply to areas outside of gated communities which are visible from the public rights-of-way (“ROW”).

The policy option also considered classifying existing property with two (2) plants per 100 sf prior to December 1, 2023, as “existing non-conforming properties” (commonly referred to as “grandfathered”). These grandfathered properties would essentially be allowed to maintain their landscaped areas in their existing condition, until they remodel more than 250 sf, at which time they would be required to bring their grandfathered properties into compliance with the City’s new landscape standards and permit requirements.

The optional policy also put forth an administrative landscape exception process, intended to allow property owners the ability to request an administrative review process to consider deviation from the City’s landscape standards if they substantially comply with the intent of the Code and provide a justifiable reason (refer to Attachment 3 – Section

21.60.085(d)(6)). This would provide property owners with some flexibility, as the City transitions towards more drought tolerant landscaping, by accommodating unique circumstances, design preferences, and pre-existing landscaped areas.

3 During the December 7th Council Hearing, Council voted to rescind notices sent to property owners previously identified as non-compliant and expressed support for adopting the ordinance with the alternative policy considerations contingent upon the Planning Commission’s review of the proposed revisions. Ultimately, Council directed staff to bring the ordinance back to Planning Commission to present the optional policies for their review and consideration before moving forward with formal adoption of the ordinance.

Planning Commission Review and Recommendation: The Planning Commission held a Public Hearing on December 28, 2023, where staff presented the optional policy considerations supported by the City Council as stated above. In addition to presenting the City Council’s optional policy considerations, staff also presented a recommended change to the exemption language for CIDs which clarifies the intent for exempting landscape areas within homeowner associations, not visible to public views. The clarifying language amendment ensures the City’s landscape standards apply to all homeowner association landscape frontages along public roadways (visible from ROW), as well as those properties within gated communities that are not part of a CID (Attachment 7). The recommended change presented to the Commission included a slight amendment to the optional policy language initially reviewed by Council, as follows (italicized):

1. Applying the City’s landscape standards to the following within all areas of the City except common interest development areas that are not visible from the public right-of-way:

c. All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sf); and

d. All properties that, as of December 1, 2023, have within fewer than two plants per 100 sf or that have less than 50 percent coverage with city- approved groundcover (organic or inorganic).

2. Allowing any property owner to apply for an administrative landscape- exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

The Planning Commission’s recommendation through PC Resolution 2023-10 (Attachment 2), agrees to the optional policies supported by Council (with staff’s clarifying language amendment), except for the policy which would allow property owners with “2 plants per 100 sf” prior to December 1, 2023, to be considered “grandfathered.” Instead, the Planning Commission voted 3 to 2 in favor of reinstating their original recommendation for having a “legally established and permitted” landscape be considered the qualifier for grandfathering status. Implementing the grandfathering policy as recommended by the Planning Commission means that properties visible from the public ROW, and properties

4 within gated communities which are not part of a CID, would need to have a minimum of three (3) plants per 100 sf -or- have a valid permit consistent with their existing landscaping once the ordinance takes effect. The properties identified as noncompliant would be given a 12-month period to complete a landscape project or amend their existing landscaping in conformance with the new standards, or alternatively they could seek an administrative landscape exception under the new landscape ordinance.

OPTIONS:

The Planning Commission recommended City Council adopt the ordinance with the optional policies previously reviewed by Council at their December 7, 2023 meeting, with staff’s language amendment clarifying the CID exemption, but recommended excluding the 2 plants per 100 sf and replacing it with their previous recommendation for only allowing legally established and permitted landscapes (legal non-conforming) to be considered grandfathered. The following options are available for Council’s consideration and formal adoption:

1. Approve Planning Commission’s recommendation for adopting the Ordinance with the updated policies that includes staff’s minor language amendment clarifying the CID exemption, and includes their recommended grandfathering policy for legal non-conforming properties; or

2. Approve Planning Commission’s recommendation for adopting the Ordinance with the updated policies that includes staff’s minor language amendment clarifying the CID exemption, and includes an alternative grandfathering policy for properties with 2 plants per 100 sf; or

3. Approve either scenario above, without staff’s minor language amendment clarifying the CID exemption; or

4. Provide alternative direction.

FISCAL IMPACT:

No fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City acting as Lead Agency, has determined the ordinance is exempt from the California Environmental Quality Act

5 (“CEQA”) pursuant to Section 15304, where the proposed ordinance amendment consists of minor public or private alterations to the condition of land, water or vegetation as there is no possibility the activity in question will have a significant effect on the environment.

Alternatively, it has determined the ordinance amendment is exempt from CEQA per CEQA Guidelines Section(s) 15307 and 15308 as actions taken by regulatory agencies, as authorized by state law or local ordinance, to maintain, restore, or enhance a natural resource.

ATTACHMENTS:

1. Resolution No. PC 2023-07

2. Resolution No. PC 2023-10

3. Planning Commission Supported Draft Ordinance

4. Planning Commission Code Amendments (Track Changes)

5. Alternative Draft Ordinance

6. Alternative Code Amendments (Track Changes)

7. Landscape areas included by Staff’s Clarifying Language Amendment

City Council
1/18/2024
Amendments to City’s Landscape Ordinance
Presentation: January 18, 2024
City Council Meeting

Optional Policy (Council Reviewed):

1.Apply the City’s landscape standards to the following properties within all areas of the City that are not part of a common-interest development:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.All properties that, as of December 1, 2023, have within fewer than two plants per 100 sq. ft. or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

2.Allowing any property owner to apply for an administrative landscape-exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

Optional Policy:

1.Apply the City’s landscape standards to the following properties within all areas of the City that are not part of a common-interest development:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.All properties that, as of December 1, 2023, have within fewer than two plants per 100 sq. ft. or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

2.Allowing any property owner to apply for an administrative landscape-exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

Legend
Common Interest Development
Areas (HOA’s)
City Boundary
1 Rancho Las
Palmeras
HOA
Barranca HOA
Indian
Springs HOA
Villages HOA(s)

Gated
Non-HOA

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Optional Policy (CID Exemption):

1.Applying the City’s landscape standards to the following properties within all areas of the City that are not part of a common-interest development:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.All properties that, as of December 1, 2023, have within fewer than two plants per 100 sq. ft. or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

2.Allowing any property owner to apply for an administrative landscape-exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

Optional Policy w/ Staff Recommendation:

1.Applying the City’s landscape standards to the following properties within all areas of the City except common-interest development areas not visible from the public right-of-way:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.All properties that, as of December 1, 2023, have within fewer than two plants per 100 sq. ft. or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

2.Allowing any property owner to apply for an administrative landscape-exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

Legend
Areas included with Staff’s
Clarifying Language Amendment
City Boundary

Optional Policy (PC’s Recommendation):

1.Applying the City’s landscape standards to the following properties within all areas of the City except common-interest development areas not visible from the public right-of-way:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.All properties that, as of December 1, 2023, have within fewer than two plants per 100 sq. ft. or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

2.Allowing any property owner to apply for an administrative landscape-exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

Optional Policy (PC’s Recommendation):

1.Applying the City’s landscape standards to the following properties within all areas of the City except common-interest development areas not visible from the public right-of-way:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.All properties that, as of December 1, 2023, have within fewer than two plants per 100 sq. ft. or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic).

2.Allowing any property owner to apply for an administrative landscape-exception from the Community Development Director, with appeal to the City’s Design Review Committee (“DRC”).

PC’s Initial Recommendation:

1.Applying the City’s landscape standards to the following properties within all areas of the City except common-interest development areas not visible from the public right-of-way:
a.All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet (sq. ft.); and b.Unless they are subject to Paragraph 1(a) above, properties with existing legal nonconforming projects as allowed under Section

21.90.030 of the Municipal Code are considered “grandfathered” and exempt from the regulations of this section. Changes to existing legal nonconforming or “grandfathered” landscape projects are subject to regulations in section 21.90.030 of the Municipal Code.

3,000 sf yard (2 plants / 100sf)
60 Plants Required
48 Plants (as shown w/ 575sf Turf)

3,000 sf yard (3 plants / 100sf)
90 Plants Required
73 Plants (as shown w/ 575sf Turf)

Recommended Action:

1.OPEN the Public Hearing, take public testimony, CLOSE the Public Hearing, FIND that the Ordinance is Exempt from CEQA; and

2.ADOPT Planning Commission Resolution 2023-10 Recommending City Council APPROVE the Landscape Ordinance, with Staff’s clarifying language for CID exemption, by either accepting:
a.The Planning Commission’s recommended grandfathering policy for legal non-conforming properties; or
b.The alternative grandfathering policy for properties with 2 plants per 100 sqft; or
c.Approve either scenario above, without staff’s clarifying language for the CID exemption; or
d.Provide alternative direction.

Comments/Questions

Section 21.90.030 Non-conforming uses and structures
(a)General. Unless otherwise required by the municipal code, any legally established, lawful use of land, buildings, or structures, or improvement existing or under construction at the time this division or any revision is adopted may be continued except as provided herein, even if such use does not conform with the applicable provisions of the current municipal code category in which it is located.
(b)Abandonment. Any legally established non-conforming use of land, and/or building, or structure, or improvement which that becomes vacant and remains unoccupied for a continuous period of one (1) year shall be termed abandoned, and all future uses shall comply with the regulations of the area in which it is located.
(c)Alterations or Additions. An existing building, or structure, or improvement conforming as to use but which that does not conform to the general development standards may be altered, added to or enlarged, provided that any alterations, additions or enlargements complies with the current regulations of this division.
(d)Maintenance. A legal non-conforming building, structure, site, or improvement and/or site shall be maintained in sound and safe condition.
(e)€Restoration of Damaged Structures. A legal non-conforming building and/or structure which is damaged or partially destroyed by fire, explosion or man-induced or natural disaster to the extent of more than seventy-five (75) percent of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this division. (Ord. 387 § 1, 1996)

City of Indian Wells
Ordinance No. 312

(7) Landscape Plans:
(a) Show size, location, spacing and species -- common and Latin names -- of proposed planting, including a complete plant palette. (b) Indicate all proposed pools, spas, fountains, concrete or wooden decks, planters, walkways, gates, low walls, etc. Also indicate proposed finishes for all flat work.
(c)
Rock or Bare Earth. Use of rocks or bare earth in lieu of ground cover plantings may not exceed 20% of the total front yard landscaped area (50% of rear yard) excluding driveways, decks, pools, or walkways.

When walkways, pools, or deck areas exceed sixty percent (60%) of the total rear yard area, the proceeding limitation shall not be in effect.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 7th day of January, 1993.

WILLIAM M. ARENSTEIN
MAYOR

ATTACHMENT #1

City of Indian Wells
Resolution No. PC 2023-07

landscape requirements by clarifying existing regulations and adopt new revisions to the City's landscape ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed ordinance; and
WHEREAS, During the Planning Commission hearing, the Planning Commission adopted unanimous amendments to the Resolution by recommending the following to the City Council:

1. Consideration of a policy that requires all properties found to be in violation of the City's current Landscape Ordinance during the City's recent code enforcement campaign conducted between May and June, 2023, commit to a timeline for bringing their landscaped areas into compliance with the new Landscape Ordinance as follows:
a. Submit an application (no fee) or begin working with staff on a plan for compliance within a 30-day period once the new Landscape Ordinance takes effect; and
b. Complete their landscape project within a 12-month period after the new Landscape Ordinance takes effect.

2. Provide better clarification and simplify the legal nonconforming language within the new Landscape Ordinance to include the term "grandfathered" and provide an example of legal nonconforming landscape projects; and

3. Include measures in the new Landscape Ordinance that will help prevent mosquito breeding and vector issues; and

4. Consider allocating funds for the production of an informational video to help illustrate and guide residents to better understand the new landscape standards and design principals, and make it readily available on the City's website.

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

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

Section 2. CEQA. This action has been reviewed 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 the Lead Agency, has determined the ordinance amendment is exempt from CEQA pursuant to Section 15304, where the proposed amendment consists of minor public or private alterations to the condition of land, water or vegetation as there is no possibility the activity in question will have a significant effect on the environment.

Alternatively, it has determined the ordinance amendment is exempt from CEQA per CEQA Guidelines Section(s) 15307 and 15308 as actions taken by regulatory agencies, as

City of Indian Wells
Resolution No. PC 2023-07

authorized by state law or local ordinance, to maintain, restore, or enhance a natural resource.

Section 3. General Plan. Based on the entire record before the Planning Commission, and all written and oral evidence presented, the Planning Commission hereby finds that the proposed water efficient landscape amendments to the City's Zoning Code are consistent with stated goals and policies in the City's adopted General Plan, including General Plan Policy(s)

11.Al.18{1) which aims to promote water efficient landscaping and other methods to support environmental conservation goals; Policy 1IIA8.3 which aims to incorporate water-wise native landscaping or alternative water saving materials (i.e., artificial turf) whenever feasible within the City, and; Water Conservation Goal IIIAS which aims to protect and maintain safe and adequate water supply to ensure that the City's growing demand for water can be met in a sustainable manner.

Section 4. Recommendation. Based on the foregoing recitals, the Planning Commission hereby recommends that the City Council approve and adopt the proposed ordinance and code amendments attached hereto and incorporated by reference herein.

Section 5. Certification. The Planning Commission Chair shall sign and the Community Development Director shall attest to the adoption of this Resolution.

Section 6. Effective Date. This Resolution takes effect immediately upon its adoption.

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.

E-SIGNED by Nicholas Conway
on 2023--15 16 :04 :58 GMT

NICHOLAS CONWAY
CHAIR

City of Indian Wells
Resolution No. PC 2023-07

CERTIFICATION FOR RESOLUTION NO. PC 2023-07
I, Jon Berg, Community Development Director of the City of Indian Wells, California, DO HEREBY CERTIFY that the Planning Commission consists of five (5) members; 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: Bahneman, Conway, Schleimer, Schubert, Welch
NOES: None
ATTEST: APPROVED AS TO FORM:

E-SIGNED by Jon Berg E-SIGNED by Craig Hayes
on 2023-1-1516:11 :13 GMT on 2023-1-1516:12:48 GMT

JON BERG CRAIG HAYES

COMMUNITY DEVELOPMENT DIRECTOR CITY ATTORNEY

RESOLUTION NO. PC 2023-10

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

INDIAN WELLS RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF AN ORDINANCE AMENDING SECTIONS 21.60.020,

21.60.080, 21.90.030 AND ADDING SECTION 21.60.085 TO THE

CITY ZONING CODE RELATING TO CITY LANDSCAPE
REQUIREMENTS; AND FINDING THE ACTION TO BE

CATEGORICALLY EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Indian Wells, the Coachella Valley, and the larger Southern California region have experienced three consecutive years of drought conditions dating back to 2020; and
WHEREAS, on April 21, 2021, California Governor Gavin Newsom issued Executive Order N-7-22, declaring a State of Emergency in California due to severe drought conditions and calling on Californians to reduce their water usage; and
WHEREAS, due to recent rainfall totals and rising reservoir levels throughout the State, Governor Gavin Newsome issued Executive Order N-5-23 on March 24, 2023, declaring an ease of water restrictions in California, while still maintaining water-conservation initiatives related to landscaping and irrigation requirements; and
WHEREAS, the local water authority for the City of Indian Wells, the Coachella Valley Water District, has taken several steps to support California’s water-conservation landscape initiatives, including encouraging customers to replace water-intensive landscaping with drought- tolerant plants and install efficient irrigation systems through regulations, incentives, and education programs; and
WHEREAS, the City, recognizing the importance of being a good steward of water resources held a joint study session on June 14, 2023, between the City Council and Planning Commission, to discuss opportunities for conserving water through potential modifications to the City’s landscape regulations; and
WHEREAS, during the joint study session, the City Council instructed City staff to review the City’s landscape ordinance with a professional landscape consultant and work with the Planning Commission and community to develop new regulations aimed at conserving water through landscape-coverage requirements, irrigation techniques, and landscape-design guidelines; and
WHEREAS, the Planning Commission held three separate study sessions with the community and the City’s professional landscape consultant to discuss and develop potential revisions and additions to the City’s landscape ordinance; and WHEREAS, on October 12, 2023, the City noticed the Planning Commission’s first public hearing for the proposed ordinance in accordance with Government Code section 65090; and ATTACHMENT #2

WHEREAS, on October 26, 2023, the City’s Planning Commission conducted its first public hearing to consider the proposed ordinance, which would amend Sections 21.60.020, 21.60.080,

21.90.030 and add Section 21.60.085 to the City’s Zoning Code related to landscape requirements by clarifying existing regulations and adopting new revisions to the City’s landscape ordinance; and
WHEREAS, During the Planning Commission’s first public hearing, the Planning Commission unanimously recommended amendments to the proposed ordinance to include the following:

1. Consideration of a policy that requires all properties found to be in violation of the City’s current Landscape Ordinance during the City’s recent code enforcement campaign conducted between May and June, 2023, to come into full compliance; commit to a timeline for bringing all landscaped areas into compliance with the new Landscape Ordinance as follows:
a. Submit an application (no fee) or begin working with staff on a plan for compliance within a 30-day period once the new Landscape Ordinance takes effect; and
b. Complete their compliant landscape project within a 12-month period after the new Landscape Ordinance takes effect; and

2. Provide better clarification and simplify the legal nonconforming language within the new Landscape Ordinance to include the term “grandfathered” and provide an example of legal nonconforming landscape projects; and

3. Include measures in the new Landscape Ordinance that will help prevent mosquito breeding and vector issues; and

4. Consider allocating funds for the production of an informational video to help illustrate and guide residents to better understand the new landscape standards and design principles, and make it readily available on the City’s website; and WHEREAS, on November 21, 2023, the City noticed the City Council’s first public hearing for the proposed ordinance in accordance with Government Code section 65090; and WHEREAS, on December 7, 2023, the City Council conducted its first public hearing to consider the Planning Commission’s recommendation to adopt the ordinance, including the Commission’s recommended amendments to the proposed ordinance; and WHEREAS, after considering staff’s presentation and public testimony, the City Council deliberated on the Planning Commission’s recommended amendment to enforce a timeline for properties recently found not to be in compliance with the current landscape code, and WHEREAS, after much deliberation, City Council directed staff to rescind all recent Notices of Violation to property owners found not be in compliance with the current landscape code, and bring the ordinance back to Planning Commission for consideration of an optional enforcement policy provided by staff; and

WHEREAS, on December 14, 2023, the City noticed the Planning Commission’s second public hearing for the proposed ordinance in accordance with Government Code section 65090; and
WHEREAS, on December 28, 2023, the City’s Planning Commission conducted its second public hearing to reconsider the proposed ordinance, which would amend Sections 21.60.020,

21.60.080, 21.90.030 and add Section 21.60.085 to the City’s Zoning Code related to landscape requirements and clarify regulations for existing properties found not to be in compliance with the current landscape codes; and
WHEREAS, during the Planning Commission’s second public hearing, the Commission, by a 3 to 2 vote, recommended the proposed ordinance for Council adoption with the following amendments:

1. Include minor language modification clarifying the application of the landscape ordinance to all areas of the City except common interest development areas that are not visible from the public rights-of-way; and

2. Remove the requirement in Section 21.60.085(b)(2) that classifies existing properties with two plants per 100 sq. ft. prior to December 1, 2023, as grandfathered properties; and replace it with a policy that exempts legally established nonconforming landscapes from the ordinance’s new requirements until a modification or changeout exceeding 250 sq. ft. wherein the new regulations will apply; and

3. Maintain the Planning Commission’s other amendments that it recommended at the Commission’s first public hearing; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed ordinance.

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

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

Section 2. CEQA. This action has been reviewed 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 the Lead Agency, has determined the ordinance amendment is exempt from CEQA pursuant to Section 15304, where the proposed amendment consists of minor public or private alterations to the condition of land, water or vegetation as there is no possibility the activity in question will have a significant effect on the environment. Alternatively, it has determined the ordinance amendment is exempt from CEQA per CEQA Guidelines Section(s) 15307 and 15308 as actions taken by regulatory agencies, as authorized by state law or local ordinance, to maintain, restore, or enhance a natural resource.

Section 3. General Plan. Based on the entire record before the Planning Commission, and all written and oral evidence presented, the Planning Commission hereby finds that the proposed water efficient landscape amendments to the City’s Zoning Code are consistent with stated goals and policies in the City’s adopted General Plan, including General Plan Policy

11.A1.18(1), which aims to promote water efficient landscaping and other methods to support environmental conservation goals; Policy IIIA8.3, which aims to incorporate water-wise native landscaping or alternative water saving materials (i.e., artificial turf) whenever feasible within the City, and; Water Conservation Goal IIIA5, which aims to protect and maintain safe and adequate water supply to ensure that the City’s growing demand for water can be met in a sustainable manner.

Section 4. Recommendation. Based on the foregoing recitals, the Planning Commission hereby recommends that the City Council approve and adopt the proposed ordinance, with the Commission’s recommended amendments, as attached hereto and incorporated by reference herein.

Section 5. Certification. The Planning Commission Chair shall sign and the Community Development Director shall attest to the adoption of this Resolution.

Section 6. Effective Date. This Resolution takes effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Indian Wells, California, at a regular meeting held on the 28th day of December 2023. ____________________________

NICHOLAS CONWAY
CHAIR

CERTIFICATION FOR RESOLUTION NO. PC 2023-10
I, Jon Berg, Community Development Director of the City of Indian Wells, California, DO HEREBY CERTIFY that the Planning Commission consists of five (5) members; 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 28th day of December 2023, by the following vote:

AYES: CONWAY, WELCH, AND SCHUBERT
NOES: SCHLEIMER AND BAHNEMAN
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________for

JON BERG BEST BEST & KRIEGER LLP

COMMUNITY DEVELOPMENT DIRECTOR CITY ATTORNEY

26529.00000\41925645.2
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AMENDING SECTIONS 21.60.020, 21.60.080, 21.90.030 AND ADDING SECTION 21.60.085 TO THE CITY ZONING CODE RELATING TO CITY LANDSCAPE REQUIREMENTS; AND FINDING THE ACTION TO BE

CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of Indian Wells, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City has the authority under Article 11, Section 5 of the California Constitution and the City Charter to make, amend, and enforce all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City desires and intends to amend Section(s) 21.60.020, 21.60.080,

21.90.030 and add Section 21.60.085 to the City’s Zoning Code to clarify existing regulations and adopt new regulations related to the City’s landscape requirements; and WHEREAS, the Planning Commission held three (3) separate study sessions with the community and the City’s professional landscape consultant to discuss potential revisions to the city’s landscape regulations at which time all persons wishing to be heard were afforded an opportunity to be heard; and
WHEREAS, on October 12, 2023, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on October 26, 2023, the Planning Commission held its first public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance.

Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on November 21, 2023 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 7, 2023, the City Council held its first public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, after considering staff’s presentation and public testimony, City Council deliberated on the Planning Commission’s recommended amendment to enforce a timeline for properties recently found not to be in compliance with the current landscape code, and ATTACHMENT #3

26529.00000\41925645.2

City of Indian Wells
Ordinance No. __

WHEREAS, after much deliberation, City Council directed staff to rescind all recent Notices of Violation to property owners found not be in compliance with the current landscape code, and bring the ordinance back to Planning Commission for consideration of an optional enforcement policy provided by city staff; and

WHEREAS, on December 14, 2023, the City noticed the Planning Commission’s second public hearing for the proposed ordinance in accordance with Government Code section 65090; and

WHEREAS, on December 28, 2023, the City’s Planning Commission conducted their second public hearing to reconsider the proposed ordinance with amendments and consider additional public testimony. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and

WHEREAS, on January 4, 2024 the City gave public notice of the second City Council public hearing to be held on the Ordinance by advertisement in a newspaper of general circulation; and

WHEREAS, on January 18, 2024, the City Council held its second public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and

WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. CEQA. This action has been reviewed 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 the Lead Agency, has determined the ordinance amendment is exempt from CEQA pursuant to Section 15304, where the proposed amendment consists of minor public or private alterations to the condition of land, water or vegetation as there is no possibility the activity in question will have a significant effect on the environment. Alternatively, it has determined the ordinance amendment is exempt from CEQA per CEQA Guidelines Section(s) 15307 and 15308 as actions taken by regulatory agencies, as authorized by state law or local ordinance, to maintain, restore, or enhance a natural resource. The City shall file a notice of exemption within five business days of adoption.

Section 3. General Plan. Based on the entire record before the City Council, including the Planning Commission recommendation and all written and oral evidence presented, the City Council hereby finds that the proposed water efficient landscape amendments to the City’s Zoning Code are consistent with stated goals and policies in the City’s adopted General Plan, including General Plan

26529.00000\41925645.2

City of Indian Wells
Ordinance No. __

Policy(s) 11.A1.18(1) which aims to promote water efficient landscaping and other methods to support environmental conservation goals; Policy IIIA8.3 which aims to incorporate water-wise native landscaping or alternative water saving materials (i.e., artificial turf) whenever feasible within the City, and; Water Conservation Goal IIIA5 which aims to protect and maintain safe and adequate water supply to ensure that the City’s growing demand for water can be met in a sustainable manner.

Section 4. Code Amendments. Section(s) 21.60.020, 21.60.080, 21.90.030 and

21.60.085 of the Indian Wells Zoning Code are hereby amended and added, respectfully, to read in their entirety as set forth in Exhibit “A,” attached hereto and incorporated herein.

Section 5. Effective Date. This Ordinance takes effect 30 days following its adoption.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.

Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council and the people of the City of Indian Wells hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 8. Publication; Effective Date. The City Clerk shall certify to the adoption of this Ordinance. Not later than 15 days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.

PASSED APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 18th day of January 2024.

________________________

GREG SANDERS
MAYOR

26529.00000\41925645.2

City of Indian Wells
Ordinance No. __

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS)

CERTIFICATION FOR ORDINANCE NO. ____

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No.__ , having been regularly introduced at a regular meeting of January 18, 2024 was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on ___, 2024 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of said City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

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EXHIBIT A
Amended Landscape Regulations
(follows this page)

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Exhibit A: Code Amendments

Section 21.60.085 is hereby added to Title 21 Zoning Code to read in its entirety as follows:

21.60.085 Landscape Application Requirements
A complete landscape application shall include the items listed below. Submissions that are incomplete will not be considered. The Planning Department or Review Authority (as defined by Section 21.60.020(b)(1)) may require additional information for a particular application. Design guidelines established by the City should be consulted prior to submission of the application. a) Purpose and Intent.

This Section provides general standards establishing landscaping requirements that are intended to:

1) Protect and elevate the city’s unique desert setting, distinguishing itself as a prestigious resort community. The standards set forth aim to enhance the aesthetic appearance of all developments.
2) Ensure compatibility between adjoining land uses and public rights of way, ensuring a harmonious blend with the surrounding environment.
3) Conserve water through efficient irrigation and appropriate plant selection and align the city’s standards with state water conservations acts aiming to reduce water consumption.
4) Prioritize the health and safety of the public, ensuring that landscaping practices in the City enhance pedestrian and vehicular traffic safety and maintain the integrity of neighborhoods.
5) Establish a unified City landscape theme, promote water conservation and enhance the physical and natural beauty of the environment.
b) Application

The landscaping requirements in this chapter apply to the following within all areas of the City except common interest development areas that are not visible from public right-of- way:

1) All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet;

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2) Unless they are subject to paragraph (b)(1) of this section, properties with existing legal nonconforming projects as allowed under section 21.90.030 of the Municipal Code are considered “grandfathered” and exempt from regulations of this section. Changes to existing legal nonconforming or “grandfathered” landscape projects are subject to regulations in section 21.90.030 of the Municipal Code.

3) Fee. An application fee in an amount published by the Planning Department is required for review and processing of landscape design packages.

c) Definitions.

As used in this Section, terms are defined as follows:

1) “Artificial turf” means a surface made from synthetic fibers to look like natural grass. 2) “Berming” means the process of creating raised areas of soil, often for the purpose of enhancing landscape design or managing water flow.
3) “Box trees” means trees that are sold in large square containers. Size, such as 24- inch or 36-inch, refers to the diagonal measurement of the box. 4) “Compost” means decomposed organic matter used to enrich soil. 5) “Drought-tolerant plants” means plants that can survive with minimal water, often native to arid regions.
6) “Focal points” means elements in a landscape design that capture attention, such as a unique plant, water feature, statue, or other installations. 7) “Golden ratio” means a mathematical ratio found in nature and art, often used in design for its aesthetically pleasing properties. In landscaping, it refers to the proportional arrangement of plants and hardscape.
8) “Grandfathered landscapes” refers to properties that currently have legal nonconforming landscapes in place. These properties are classified as grandfathered and are therefore exempt from the regulations outlined in this section unless they are subject to paragraph (b)(1) of this section. Any modifications to these grandfathered landscapes will be regulated pursuant to section 21.90.030. 9) “Hardscape” means non-living elements of landscaping, such as concrete patios, walkways, and walls.
10) “Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by sprinkler heads, a valve or set of valves with the same schedule.

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11) “Inorganic ground Cover” means inorganic materials used to cover the ground for decorative or functional purposes, such as decomposed granite, crushed rock, cobbles, and boulders.
12) “Irrigation system” means a system that delivers water to plants. Types include drip irrigation (where water drips slowly to the roots of plants) and sprinkler systems. 13) “Landscape area” means all non-turf areas such as parkways, planters, flower beds and undeveloped areas that require landscape, irrigation and weed control. 14) “Mulch” means an organic material spread around plants to retain moisture, suppress weeds, and improve soil health.
15) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. 16) “Non-potable water” means water not treated to drinking water standards and is not meant for human consumption. Includes raw (untreated) water from reservoirs, which is commonly used for irrigation and other purposes.
17) “Organic cover” means a natural material used to cover the soil and enhance its quality. Examples include mulch and compost.
18) “Plant density” means the number of plants within a defined landscape area calculated as an average of plants per 100 square-feet.
19) “Plant size” means the volume of the container in which a plant is sold, which gives an approximate idea of the size of the plant. Common sizes include one-gallon, five- gallon, and fifteen-gallon.
20) “Texture” means how fine or coarse the surface of a plant or inorganic material is.

For inorganic ground cover, texture refers to the size of the crushed rock, pebbles, stone, etc.
21) “Tree root barrier” means a root deflector, which can be made from various materials that help block or redirect roots to prevent damage to adjacent hardscape features or structures.
22) “Turf” means the upper layer of ground that is made up of live grass and plant roots. 23) “Weed barrier” means a permeable cloth material laid over the ground to prevent the growth of weeds.
d) Review and Permitting Authority.

1) All landscape projects with a landscaped area greater than 250 square feet and less than 2,500 square feet shall be reviewed and permitted by the Planning Department in compliance with this Section.

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2) Landscape plans exceeding 2,500 square feet and not within an active homeowner’s association shall be reviewed by the City’s Design Review Committee (DRC). 3) Landscape plans for areas greater than 2,500 square feet shall require plans drawn by a professional landscape architect licensed in the state of California. 4) All properties that require the installation of landscaping in compliance with the development standards of this title shall provide and maintain landscaping in compliance with the provisions of this chapter.
5) The following landscape projects shall also comply with Chapter 21.70 Water Efficient Landscaping of the City Municipal Code.
i. New construction and rehabilitated landscapes for public agency projects and private development projects requiring a building or landscape permit, plan check or design review;
ii. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects requiring a building or landscape permit, plan check or design review; and
iii. New construction and rehabilitated landscapes which are homeowner-provided and/or homeowner-hired in single-family and multi-family residential projects with a total project area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review. 6) Administrative Landscape Exception. The provision of an administrative landscape exception facilitates regulatory flexibility when a standard is deemed inapplicable or unsuitable for a particular use or design.
i. Application. Applicants shall submit a written request for an administrative landscape exception to the Planning Department, accompanied by a comprehensive description and relevant drawings of the proposed project as outlined in Section

21.60.085(d). The Community Development Director may request additional information as necessary.
ii. Approval. The authority to grant or deny an administrative landscape exception resides with the Community Development Director. However, the Community Development Director may refer the application to the Design Review Committee (“DRC”) or the Planning Commission for decision-making. The following findings shall be made prior to approval of the administrative landscape exception:
i. The findings as set forth in Section 21.06.050(d);
ii. That the proposed project is exempt from the California Environmental Quality Act (“CEQA”);
iii. Preservation of the intent of this Zoning Code and the specific regulation under consideration;

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iv. The circumstances make the strict application of the requirements of this division to the proposed project inappropriate;
iii. Appeal. The applicant may appeal the decision in accordance with the appeal procedures set forth in section 21.06.110.
e) Submittal of Landscape Plan.

A comprehensive and fully dimensioned landscape plan shall be submitted to the Planning Department, including the following details:

1) Site plan with north arrow identifying the planting areas drawn to scale, along with the location and spacing of proposed plants, trees and any other vegetation. Plants having similar water use shall be grouped together in distinct hydrozones. 2) Show the location and type of irrigation system to be utilized within the different hydrozones, as appropriate.
3) Show all existing or proposed features on the site plan, including pools, spas, fountains, decks (concrete or wooden), planters, walkways, gates, low walls, etc. Also indicate proposed finishes for all flat work.
4) Provide a complete plant palette legend identifying size and species, both common and Latin names, and water usage per the Water Use Classification of Landscape Species (WUCOLS). Drought tolerant species are encouraged. f) Landscape Design Standards.

Landscape designs for residential lots, common areas, and commercial developments shall be required to meet the minimum design criteria:

1) Residential lots.

i. Plant density shall be three (3) plants per 100 square-feet of landscape area minimum.
ii. Live or artificial turf areas are permitted and discounted from overall landscape area.
iii. A variety of five (5) unique plant species shall be incorporated within the overall landscape area.
iv. 70% of plants shall be five (5) gallon; 30% of plants shall be fifteen (15) gallon.

Only seasonal plantings (flowers) may be less than five (5) gallon, but shall not be counted toward plant density.
v. A minimum of two (2) 24-inch box trees required in each front yard. Two (2) palm trees at least 8-feet in height may substitute for one (1) 24-inch box tree.

Corner lots shall meet this minimum tree requirement for each of their

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frontages. Tree root control barriers shall be used on trees installed within 5- feet of any hardscape element or structure.
2) Common areas.
i. Plant density shall be three (3) plants per 100 square-feet of landscape area minimum.
ii. Artificial turf areas permitted. Non-functional turf permitted only if irrigated by non-potable water source. Non-functional turf and/or artificial turf shall be discounted from overall landscape area.
iii. A variety of four (4) unique plant species shall be incorporated within the overall landscape area.
iv. 70% of plants shall be five (5) gallon; 30% of plants shall be fifteen (15) gallon.

Only seasonal plantings (flowers) may be less than five (5) gallon, but shall not be counted toward plant density.
v. One (1) 36-inch box tree or two (2) palm trees at least 8-feet in height required per 1,000 sqft of landscape area.
3) Commercial areas.

i. Plant density shall be four (4) plants per 100 square-feet of landscape area minimum.

ii. Artificial turf areas permitted. Non-functional turf permitted only if irrigated by non-potable water source. Non-functional turf and/or artificial turf shall be discounted from overall landscape area.

iii. A variety of five (5) unique plant species shall be incorporated within the overall landscape area.

iv. 70% of plants shall be five (5) gallon; 30% of plants shall be fifteen (15) gallon.

Only seasonal plantings (flowers) may be less than five (5) gallon, but shall not be counted toward plant density.
v. Trees shall be incorporated into the design of all off street parking areas in compliance with Section 21.100.030 of the City’s Municipal Code.

vi. Trees shall be planted along commercial street frontages at a rate of one (1) 36-inch box tree, or one (1) palm tree at least 10-feet in height, per 30-linear feet of street frontage or at the minimum distance between trees as recommended for the specific tree species.

4) Inorganic ground covers and materials.

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Open or voided areas within a defined landscape area shall be covered with inorganic ground covers, including but not limited to decomposed granite, crushed rock, cobbles, boulders, and mulch is acceptable. Bare earth shall not be permitted. A minimum of two (2) different textures of inorganic ground covers shall be required within defined landscape areas, including but not limited to:

i. Crushed Rock: 0.5-inch to 1-inch in size, installed at 2-inch minimum depth. ii. Decomposed Granite: 2-inch minimum depth. Not permitted on slopes greater than 3:1
iii. Cobble: 8” or less diameter set on grade with 1” partially buried so that cobble is not sitting on grade.
iv. Pebbles: 1-inch to 2-inch in size, installed at 3-inch minimum depth. v. Mulch: 3-inch minimum depth.
vi. Boulders: Maximum 3-feet in height and must be buried 1/3 of height of boulder
vii. Artificial turf must be manufactured to meet the following quality standards:

1. Must be permeable to allow water infiltration.

2. Minimum face weight of 75oz per square yard.

3. Minimum pile height of 1.75-inch.

4. Blades shall be comprised of two (2) colors for a natural appearance.

5. Made in the USA.
viii. Mounding and the use of complementary colors are encouraged to enhance visual interest and topography within the landscape area. Mounding shall be maintained at a max slope ratio of 3:1 with a max height of three (3) feet. ix. Weed barriers are encouraged.
5) Aesthetic design.

The city’s landscape aesthetic design guidelines and concepts are encouraged to improve the overall landscape design consistent with the city’s quality of life standards. The Community Development Director may refer landscape designs, which do not meet the intent of the aesthetic design guidelines, to the city’s Design Review Committee (DRC) for further review. The following landscape aesthetic design guidelines shall be considered during Planning Department review of required landscape plans:

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i. Use of Complimentary Colors: Colors that harmonize and enhance the overall landscape design and built environment are encouraged.
ii. Berming: The aesthetic use of berms and undulating topography is strongly encouraged to add visual interest to the overall landscape design. iii. Proportion and Scale: The design should consider the size relationship between plants, hardscape, and architectural elements, including the application of principles such as the “golden ratio” for spatial arrangements. iv. Order and Balance: Symmetry is encouraged in formal or modern gardens, while asymmetrical planting designs are preferred for natural garden settings.

The architecture and setting should inspire the landscape design. For natural settings, shrubs should be planted in non-uniform masses to present a natural landscape appearance.
v. Repetition and Unity: Repetition fosters order, but variety is essential to prevent monotony. This can be achieved through the effective use of color, texture, and form.
vi. Focal Points: The overall landscape design should incorporate focal points, such as unique plants or features (e.g., boulders, water features, planters, hardscape designs) that contrast with their surroundings in terms of color, size, or texture.
vii. Interconnection: Dry river features and pathways are encouraged to connect different landscape areas, promoting unity and flow.
viii. Simplicity: The design should prioritize simplicity, focusing on primary and accent installations.
ix. Plant Placement: A hierarchy of plant placement is encouraged, with low plants in the foreground and taller plants against structures to create depth.

Consideration should be given to the mature size of plants to prevent overcrowding.
x. Seasonal Interest: A mix of perennial and seasonal plants is recommended to ensure year-round color and interest.
xi. Texture and Form: A variety of textures and forms should be incorporated for added interest. The combination of fine and coarse-textured materials, such as boulders, crushed rocks, cobbles, and decomposed granite, in complementary colors is encouraged.
xii. Landscape Lighting: Any outdoor lighting shall comply with Chapter 22.12 Lighting Standards of the City Municipal Code.
xiii. Landscape Water Features: Any water features included within the landscape area should complement the overall design, be proportionate in size,

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incorporate recirculating water system, and shall not exceed a maximum of 18-inches in depth measured from the highest possible water level as required by California Building Code Chapter 31 (Special construction), Section 3119. xiv. Project applicants shall reference the Lush and Efficient Landscape Gardening Manual prepared by the Coachella Valley Water District prior to submittal of any landscaping plan for review and approval by the city:
http://web.cvwd.org/conservation/lush_book/index.html . Applicants shall also consult the Invasive Plant Inventory prepared by the California Invasive Plant Council prior to selection of any plant species for landscaping: https://www.cal- ipc.org/plants/

g) Irrigation and maintenance.

1) All landscaped areas within the City of Indian Wells shall be irrigated by an automatic irrigation system compliant with Chapter 21.70 Water Efficient Landscaping of the City Municipal Code.
2) All required landscaping and associated irrigation systems shall be appropriately installed and must receive approval from the Planning Department prior to the inauguration or occupancy of the property.
3) All installed landscaping and irrigation systems shall be consistently maintained in accordance with the following specifications or shall be subject to code enforcement penalties in accordance with Section 8.08.010 Maintenance of Property:
i. Landscape maintenance shall encompass regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of deceased plants, and the repair and replacement of irrigation systems. ii. To the greatest extent feasible, landscape irrigation water shall not run off the property to create pooling of stagnant water in the street or gutter. iii. Water features, ponds, or any stagnant water bodies within landscaped areas must be equipped with appropriate mosquito prevention measures, such as circulation systems, mosquito fish, or other approved methods, to prevent the breeding of mosquitos. Circulation systems should run at least 8 hours per day.

If a feature has no pump or other approved mosquito control measure, water shall be drained and replaced every 96 hours. Regular inspections and maintenance of these measures are encouraged to ensure their effectiveness. iv. Property owners, homeowner’s associations, or other responsible entities shall ensure that no stagnant water accumulates in any landscaped areas, as such conditions can become breeding grounds for mosquitos. Neglected pools, fountains, or standing water shall be drained to prevent breeding of mosquitos.

Property owners shall notify the Coachella Valley Mosquito and Vector Control District if their water feature is drained or neglected.

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v. Prior to the approval of a final development plan permit or the recording of a subdivision map, a covenant ensuring the ongoing maintenance of all required landscaping and irrigation systems shall be established. This covenant, whether held by property owners, homeowners associations, or another responsible entity, must be approved by the Community Development Director, with the recommendation of the city attorney, and subsequently recorded in the county recorder’s office.
h) Public safety and protection of intersection visibility.

1) Landscape design plans for corner parcel development projects must ensure traffic safety sight areas are designed to uphold public safety, consistent with Section

21.50.040 Protection of intersection visibility regulations of city’s Municipal Code. 2) Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines, street lighting, street sweeping, traffic safety sight areas, on-site signs, and basic property rights of adjoining property owners. 3) Trees planted near public curbs, sidewalks, or utility vaults shall have a limited root structure and shall be installed to prevent physical damage to public improvements and shall comply with the following provisions:
i. Canopy trees shall be placed a minimum of ten feet from public street curb and a minimum of three feet from sidewalks.
ii. Palm trees with a trunk height of ten feet or more shall be placed a minimum of three feet from public street curb and sidewalks.
iii. A root barrier system shall be installed when trees are located near public curbs, sidewalks, or utility vaults.
iv. Landscape and irrigation plans shall be required for all public street parkways and median islands and shall conform to city standards and be submitted for review and approval to the city engineer and planning division. v. Right-of-way lines shall be shown on the final landscape plan.

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Section 21.60.020 of Title 21 Zoning Code is hereby amended to read in its entirety as follows:

21.60.020 Applicability and Review Authority.
(a) This Chapter applies to the following activities:
(1) Obtaining a permit to construct a building or structure in any zone; (2) Undertaking any external modification to a structure visible to any roadway or open space, public or private;
(3) Installation of new or remodeled landscape projects in excess of 250 square-feet within all areas of the City except common interest development areas that are not visible from public right-of-way.
(4) Installing new or modifying an existing antenna, outdoor lighting, landscape lighting, private tennis court, emergency generators greater than fifteen thousand (15,000) kilowatts; and
(5) Minor exterior remodel of or addition to a single-family residence, such as:
(i) A window or door change-out,

(ii) A change of exterior house color (desert tones are preferred),

(iii) A wall, fence, planter, fountain, or similar architectural amenity,

(iv) Re-roofing,

(v) A patio cover,

(vi) Solar panels,

(vii) An addition in the rear or side yard that is not visible to any roadway or open space area, public or private,

(viii) Front and side-yard landscape projects visible from the street with a landscaped area greater than 250 square feet and less than 2,500 square feet.

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(ix) Accessory Dwelling Units in compliance with the requirements in Section

21.85.040
(b) Before commencing any of the activities listed in subsection (a) above, the owner of the property must submit a design review application to the Planning Department, to ensure compliance with the provisions of this Chapter, as well as with the basic zoning and other design parameters that are specified in the Zoning Code. Submissions may be done electronically via the City’s website or in person with the Planning Department. (1) For purposes of this Chapter, the Planning Department, DRC, or the Planning Commission is the “Review Authority” when making the initial decision about an application.
(2) If an application is consistent with all the requirements of the Zoning Code:
(i) Planning Department Review.
(A) The Planning Department is generally the Review Authority for the following:

1. An application under subsection (a)(5) above; or

2. An application for a property located in an area with an active Homeowner’s Association, and the complete design review application has been reviewed and approved by the Association.
(B) However, the Community Development Director may refer the application to the Design Review Committee (“DRC”) or directly to the Planning Commission as the Review Authority.
(ii) DRC Review. The DRC is generally the Review Authority for an application under any of subsections (a)(1) through (a)(4) above, including landscape projects larger than 2,500 square feet, but any member of the DRC may refer the application to the Planning Commission as the Review Authority.
(3) If an application is inconsistent with any requirement of the Zoning Code, the Planning Commission is the Review Authority unless an administrative landscape exception request is granted under section 21.60.085(d)(6) below. (Ord. 727 § 2, 2020)

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Section 21.60.080 of Title 21 Zoning Code is hereby amended to read in its entirety as follows:

21.60.080 Architecture Application Requirements.

A complete design review application shall include the items listed below.

Submissions that are incomplete will not be considered. The Planning Department or Review Authority (as defined by Section 21.60.020(b)(1)) may require additional information for a particular application. Design guidelines established by the City, or if applicable, a Homeowners Association’s Architectural Guidelines should be consulted prior to submission of the application. A complete application must include each of the following:
(a) Application to Construct Form. A completed “Application to Construct” form which can be obtained in electronic or hard-copy format from the City. (b) Required Plans (electronic copies preferred). Two (2) sets of 24″ x 36″ or 30″ x 42″ bluelines or blacklines, along with one (1) rendered blackline each of the residence, elevations, landscape plans prepared in accordance with Section 21.60.085, and other data pertinent to the particular application. Rendered blacklines shall be rolled, not folded.

Defaced, incomplete, indefinite or faded plans will not be accepted. All residential plans and elevations shall be drawn at a minimum scale of 1/8″ = 1′0″. For single family residential submittals, a set of plans shall consist of the items listed below. Requirements for multi-family residential and non-residential projects shall include information necessary to evaluate the proposed project as determined by the Community Development Director.
(1) General Information Block.
(i) Owner and designer’s names;
(ii) Address of owner;
(iii) Telephone number of owner;
(iv) Assessor parcel number and address of residence;
(v) North point, date of drawing and scale; and
(vi) Vicinity map showing location of project.

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(2) Site Plan.
(i) Legal description (lot and tract);

(ii) Lot size (dimension along each property line);

(iii) Zone classification and type of development of subject property and of all adjacent property, including across any street. Show distance of structure(s) on adjacent properties that are within ten (10) feet of project property line;

(iv) Setback of existing and proposed buildings in relation to property lines per standards of the zone;

(v) Locations of swimming pools, spas, air conditioner equipment, pool and spa equipment (i.e., heater, pump), storage areas, utility installations, antenna, tennis courts, refuse storage areas and other auxiliary household equipment shall be noted on site plans;

(vi) Computed areas of building coverage, impervious surfaces, landscaping, and open space;

(vii) Dimension of property lines or boundary lines of project;

(viii) Location, names and widths of boundary streets; and recorded road, utility or drainage easements on property (where none exists, indicate by a note that no easement exists);

(ix) Elevation of existing curb and gutter where available or edge of pavement where no curb exists;

(x) Pad grade and finish-floor elevations; provide information on adjacent parcels if available;

(xi) Heights of existing or proposed walls and fences, as measured from exterior side of wall (side facing street or adjacent property);

(xii) A “line of sight” section for all in-fill construction;

(xiii) Clear delineation of all proposed driveways subject to the criteria outlined under Section 21.20.080; and

(xiv) For all large-scale development (ten (10) acres or larger), the inclusion of natural open space areas to provide habitat for native wildlife.

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NOTE: All site plans must include sufficient information to demonstrate compliance with all applicable development standards in the Zoning Code. (3) Floor Plan. Square footage of living space and location, size, and use of all rooms.

Show all significant dimensions.
(4) Elevations.
(i) Provide all elevations identified as front, rear, right and left side; (ii) Show locations of doors, windows, chimneys, etc.; (iii) Show exterior finishes and roof material;
(iv) Dimension elevation from pad grade, indicate all significant vertical dimensions; and
(v) Show all proposed plant material (trees and shrubs) against elevations. Provide as separate set of elevations.
(5) Roof Plan. Only thirty (30) percent of the total roof area may exceed fifteen (15) feet in height, up to a maximum eighteen (18) feet. Identify that portion of the total roof area that exceeds fifteen (15) feet in height. Show percent calculation on plan. (6) Mailbox Design per United States Postal Service Requirements. Provide a minimum ½″ = 1′0″ scale mailbox design not to exceed four (4) feet in height and eighteen (18) inches in width or depth.

NOTE: Review of design packages containing landscape plans not prepared by a California licensed landscape architect will be subject to additional review fees incurred by the City for the review of such plans by professional design consultants. (7) Conceptual Lighting Plan. Plan shall be submitted delineating size, location, light spread, illuminating capacity (candle power) and hours of operation of proposed exterior lighting. Plan shall be in conformance with lighting standards found in Chapter 22.12 of the City Municipal Code.
(8) Materials Sample and Color Board. (Maximum size 8 ½″ x 14″): Sample of materials should be kept to a minimum size; include exterior finishes of residence including door and window trim colors, and garden walls, along with exterior colors. (Desert tone colors are preferred.)

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(c) Fee. An application fee in an amount published by the Planning Department is required for review and processing of architectural design packages. (Ord. 727 § 2, 2020)

Section 21.90.030 of Title 21 Zoning Code is hereby amended to read in its entirety as follows:

21.90.030 Non-conforming uses and structures.
(a) General. Unless otherwise required by the municipal code, any legally established, lawful use of land, building, structure, or improvement may be continued except as provided herein, even if such use does not conform with the applicable provisions of the current municipal code.
(b) Abandonment. Any legally established non-conforming use of land, building, structure, or improvement that becomes vacant and remains unoccupied for a continuous period of one (1) year shall be termed abandoned, and all future uses shall comply with the regulations of the area in which it is located.
(c) Alterations or Additions. An existing building, structure, or improvement conforming as to use but that does not conform to the general development standards may be altered, added to or enlarged, provided that any alteration, addition, or enlargement complies with the current regulations of this division. (d) Maintenance. A legal non-conforming building, structure, site, or improvement shall be maintained in sound and safe condition.
(e) Restoration of Damaged Structures. A legal non-conforming building, and/or structure which is damaged or partially destroyed by fire, explosion or man-induced or natural disaster to the extent of more than seventy-five (75) percent of the fair market value according to the assessment as listed by the Riverside County Assessor for the fiscal year during which the destruction occurs shall be subject to all the applicable regulations specified by this division. (Ord. 387 § 1, 1996)

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ATTACHMENT #4

Planning Commission Supported Code Amendments in Track Changes Added Text = Underlined Text
Deleted Text = Strikeout Text
Section 21.60.085 is hereby added to Title 21 Zoning Code to read in its entirety as follows:

21.60.085 Landscape Application Requirements
A complete landscape application shall include the items listed below. Submissions that are incomplete will not be considered. The Planning Department or Review Authority (as defined by Section 21.60.020(b)(1)) may require additional information for a particular application. Design guidelines established by the City, or if applicable, a Homeowners Association’s Landscape Guidelines should be consulted prior to submission of the application. a) Purpose and Intent.

This Section provides general standards establishing landscaping requirements that are intended to:

1) Protect and elevate the city’s unique desert setting, distinguishing itself as a prestigious resort community. The standards set forth aim to enhance the aesthetic appearance of all developments.
2) Ensure compatibility between adjoining land uses and public rights of way, ensuring a harmonious blend with the surrounding environment.
3) Conserve water through efficient irrigation and appropriate plant selection, and align the city’s standards with state water conservations acts aiming to reduce water consumption.
4) Prioritize the health and safety of the public, ensuring that landscaping practices in the City enhance pedestrian and vehicular traffic safety and maintain the integrity of neighborhoods.
5) Establish a unified City landscape theme, promote water conservation and enhance the physical and natural beauty of the environment.
b) Application

The landscaping requirements in this chapter apply to the following within all areas of the City except Common Interest Development Areas that are not visible from public right-of- way:

1) All new landscape or remodeled landscape projects on or after January 1, 2024 that affect more than 250 square feet;

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2) All properties that, as of December 1, 2023, have within fewer than two plants per 100 square feet or that have less than 50 percent coverage with city-approved groundcover (organic or inorganic). PUnless they are subject to paragraph (b)(1) of this section, properties with existing legal nonconforming projects as allowed under Section 21.90.030 of the Municipal Code are considered “grandfathered” and exempt from the regulations of this section. Changes to existing legal nonconforming or “grandfathered” landscape projects are subject to regulations in section 21.90.030 of the Municipal Code.

3) Fee. An application fee in an amount published by the Planning Department is required for review and processing of landscape design packages.

b)c) Definitions.

As used in this Section, terms are defined as follows:

1) “Artificial turf” means a surface made from synthetic fibers to look like natural grass. 2) “Berming” means the process of creating raised areas of soil, often for the purpose of enhancing landscape design or managing water flow.
3) “Box trees” means trees that are sold in large square containers. Size, such as 24- inch or 36-inch, refers to the diagonal measurement of the box. 4) “Compost” means decomposed organic matter used to enrich soil. 4)5) “Drought-tolerant plants” means plants that can survive with minimal water, often native to arid regions.
5)6) “Focal points” means elements in a landscape design that capture attention, such as a unique plant, water feature, statue, or other installations. 7) “Golden ratio” means a mathematical ratio found in nature and art, often used in design for its aesthetically pleasing properties. In landscaping, it refers to the proportional arrangement of plants and hardscape.
6)8) “Grandfathered landscapes” refers to properties that currently have legal nonconforming landscapes in place. These properties are classified as grandfathered and are therefore exempt from the regulations outlined in this section unless they are subject to paragraph (b)(1) of this section. Any modifications to these grandfathered landscapes will be regulated pursuant to section 21.90.030. 7)9) “Hardscape” means non-living elements of landscaping, such as concrete patios, walkways, and walls.

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10) “Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by sprinkler heads, a valve or set of valves with the same schedule.
8)11) “Inorganic ground Cover” means inorganic materials used to cover the ground for decorative or functional purposes, such as decomposed granite, crushed rock, cobbles, and boulders.
9)12) “Irrigation system” means a system that delivers water to plants. Types include drip irrigation (where water drips slowly to the roots of plants) and sprinkler systems. 10)13) “Landscape area” means all non-turf areas such as parkways, planters, flower beds and undeveloped areas that require landscape, irrigation and weed control. 11)14) “Mulch” means an organic material spread around plants to retain moisture, suppress weeds, and improve soil health.
12)15) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. 13) “Non-organic ground cover” means inorganic materials used to cover the ground for decorative or functional purposes, such as decomposed granite, crushed rock, cobbles, and boulders.
14)16) “Non-potable water” means water not treated to drinking water standards and is not meant for human consumption. Includes raw (untreated) water from reservoirs, which is commonly used for irrigation and other purposes. 15)17) “Organic cover” means a natural material used to cover the soil and enhance its quality. Examples include mulch and compost.
16)18) “Plant density” means the number of plants within a defined landscape area calculated as an average of plants per 100 square-feet. 17)19) “Plant size” means the volume of the container in which a plant is sold, which gives an approximate idea of the size of the plant. Common sizes include one-gallon, five- gallon, and fifteen-gallon.
18)20) “Texture” means how fine or coarse the surface of a plant or non-inorganic material is. For non-inorganic ground cover, texture refers to the size of the crushed rock, pebbles, stone, etc.
19)21) “Tree root barrier” means a root deflector, which can be made from various materials that help block or redirect roots to prevent damage to adjacent hardscape features or structures.
20)22) “Turf” means the upper layer of ground that is made up of live grass and plant roots.

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21)23) “Weed barrier” means a permeable cloth material laid over the ground to prevent the growth of weeds.
c)d) Review and Permitting Authority.

1) All landscape projects with a landscaped area greater than 250 square feet and less than 2,500 square feet shall be reviewed and permitted by the Planning Department in compliance with this Section.
2) Landscape plans exceeding 2,500 square feet and not within an active homeowner’s association shall be reviewed by the City’s Design Review Committee (DRC). 3) Landscape plans for areas greater than 2,500 square feet shall require plans drawn by a professional landscape architect licensed in the state of California. 4) The following projects shall be exempt from review and approval by the Planning Department or the DRC:
i. Homeowner- installed and individually -maintained landscaping within private enclosed courtyards, sideyards, and backyards, not visible from public areas; and ii. Minor landscape modifications or changeouts of less than 250 square feet. iii. Properties with existing legal nonconforming landscape projects as allowed under Section 21.90.030 of the Municipal Code, including those with a density of 2 plants per 100 square-feet or at least 50% plat coverage as of December 1, 2023. Such properties are considered “grandfathered” and exempt from the regulations of this Section. Changes to existing legal nonconforming or “grandfathered” landscape projects are subject to regulations in Section 21.90.030 of the Municipal Code. By way of example only, if a homeowner legally established landscaping in their front yard prior to adoption of this Section, but the legally established landscaping does not comply with this Section, the landscaping is “grandfathered” and may remain in place. If at a later time the homeowner decides to alter or enlarge its landscaping, the homeowner would have to comply with this Section, as applicable.

In certain situations, like where the landscape modifications are less than 250 square feet, the modifications would not require review and permitting by the Planning Department.

5) Active homeowner association shall abide by the City's landscape standards unless they have either received formal approval for alternative standards through a City approved entitlement process or have Declaration of Covenants, Conditions and Restrictions (“CC&Rs”), allowing alternative landscape standards, filed with the City’s Planning Department.
6)4) All properties that require the installation of landscaping in compliance with the development standards of this title shall provide and maintain landscaping in compliance with the provisions of this chapter.