CITY COUNCIL MEETING MINUTES
Thursday, January 18, 2024
1:30 p.m.
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Present: Mayor Griffith
Mayor Pro Tem Sanders
Council Member Peabody
Council Member Whitman
Council Member Reed
_____________________________________________________________________
A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE
AND ROLL CALL
Mayor Sanders convened the City Council Meeting at 1:33 p.m. on January 18, 2024, in the City Hall Council Chamber.
B. APPROVAL OF THE FINAL AGENDA
It was the CONSENSUS of the City Council to Approve the Agenda as Submitted.
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Riverside County Fire Update by Division Chief Mike Beverlin Division Chief Mike Beverlin provided a quarterly update on service calls and discussed recent events within the department. Chief Beverlin reported that both the Spark of Love toy drive and Shop with a Firefighter programs were successful. He further noted that the Fire Department continues to advance its recruitment efforts through a task force initiative in collaboration with local schools.
C.2 Riverside County Sheriff Update by Lieutenant David Wright
Council Minutes- January 18, 2024
2 Lieutenant David Wright provided a quarterly update on service calls and outlined current operations and project updates. He reported that the license plate reader program has been successful in supporting public safety efforts.
Public Comment
Resident Tim Venturi expressed concern regarding the theft of over-the- counter pharmaceuticals.
D. PUBLIC COMMENTS
Mayor Sanders recognized District Attorney Karen Salas in attendance. Mr.
Douglas Hanson, resident, expressed concerns regarding the Mayoral rotation discussed during the December 5, 2023, Council meeting. Sr. Public Affairs Specialist Francis Fernandez submitted written public comment on behalf of the South Coast Air Quality Management District.
E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland provided an update on Fairway Park and the solar installation project.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman stated that no reportable action was taken during Closed Session. In accordance with the Brown Act, no action requiring public disclosure was conducted. Mr. Leishman also reported that regarding Item D.4, the Council did not change its position in relation to the ongoing negotiations with the Renaissance.
G. CONSENT CALENDAR
G.1 Annual Review of FPPC Gift Restrictions, City Ticket Distribution Policy, and City Campaign Contribution Reporting Requirement It was determined to RECEIVE and FILE information report.
A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Receive and File. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
G.2 City Treasurer’s Report for November 2023
Council Minutes- January 18, 2024
3 It was determined to RECEIVE and FILE the City Treasurer’s Report for November 2023.
A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Receive and File. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
G.3 Resolution Approving Modifications to the Resident Benefit Card Program
It was determined to ADOPT Resolution No. 2024-01 to read as follows:
RESOLUTION NO. 2024-01
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.
A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Adopt Resolution. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
G.4 Award Lippert Construction West Drop Structure Repair Project It was determined to AWARD contract to Lippert Construction for $3,314,314 for the West Drop Structure Repairs; and
AUTHORIZE and DIRECT the City Manager to execute an agreement for the same; and
AUTHORIZE the City Manager, or designee, to allocate insurance funds to the Public Works Capital Improvements account.
Council Minutes- January 18, 2024
4 A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Approve Recommendation. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
G.5 Signal Modification Supplemental Funding Request
It was determined to APPROVE 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.
A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Approve Recommendation. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
G.6 Acceptance of Highway 111 Rehabilitation Project
It was determined to APPROVE acceptance of the Highway 111 Rehabilitation project as complete.
A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Approve Recommendation. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
H. PUBLIC HEARINGS
H.1 Ordinance Amending the City’s Zoning Code Relating to City Landscape Requirements and Finding the Action Exempt from CEQA Community Development Director Jon Berg provided an overview of the proposed landscape ordinance modifications.
Mayor Sanders opened the Public Hearing at 2:10 p.m. to hear testimony
Council Minutes- January 18, 2024
5 in favor or against Ordinance No. 752; hearing none, Mayor Sanders closed the hearing.
It was determined to FIND 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
INTRODUCE Ordinance No. 752 to read as follows:
ORDINANCE NO. 752
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 ZONNING CODE RELATING TO CITY LANDSCAPE REQUIREMENTS; AND FINDING THE ACTION TO
BE CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
A motion was made by Mayor Pro Tem Whitman, seconded by Council Member Reed to Introduce Ordinance No. 752. The motion carried by the following vote:
AYES - 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES - 0 -
I. GENERAL BUSINESS
I.1 Living Desert Funding Opportunity
Finance Director Kevin McCarthy provided an overview of the Living Desert funding request and outlined a three-step process for extraordinary funding, which includes Council approval to seek community input, conducting community engagement, and holding a public hearing. Discussion followed regarding the timing of naming rights associated with the project. Council Member Peabody requested a review of City finances to identify potential expense reductions. Mayor Pro Tem Whitman inquired about the number of times the City has approved extraordinary funding and the benefits received from such contributions.
Council Minutes- January 18, 2024
6 Additional questions were raised concerning contribution amounts from neighboring cities, ticket sales tax, use of the new banquet event center, and transient occupancy tax generated from Living Desert visitors. Mayor Pro Tem Whitman expressed concerns about the cost of funding pending priority projects and voiced opposition to a $2 million contribution. Council Member Griffith stated that the Finance Committee had received an analysis that supported the proposed funding amount. Clarification was also provided regarding the City’s surplus and revenue analysis.
It was determined to APPROVE Funding Consideration for The Living Desert Zoo and Gardens and incorporate an analysis for cost savings; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
A motion was made by Council Member Griffith, seconded by Council Member Reed to Approve Recommendation. The motion carried by the following vote:
AYES - 4 - Griffith, Peabody, Reed, Sanders
NOES - 1 - Whitman
I.2 Measure J Council Ad Hoc Committee Update
Mayor Pro Tem Whitman provided an overview of the Council Ad Hoc Committee’s report regarding Measure J and Council term limits. City Clerk Angelica Avila read a statement outlining the findings and enforcement procedures for Measure J in the upcoming elections.
City Attorney Todd Leishman clarified that the Election Official is responsible for enforcing Measure J. Council Member Reed stated he would recuse himself from the discussion, as the matter directly affects his position.
Mr. Glenn Schubert, resident, thanked the Ad Hoc Committee for its work on Measure J and referenced a memo circulated by a Council Member to the City Manager. Mr. Doug Hanson, resident, stated that Measure J Council term limits should be applied prospectively, not retroactively.
It was determined to RECEIVE and FILE the Measure J Council Ad Hoc Committee report.
A motion was made by Mayor Pro Tem Whitman, seconded by Council
Council Minutes- January 18, 2024
7 Member Griffith to Receive and File. The motion carried by the following vote:
AYES: 3 - Grifith, Sanders, Whitman
NOES: 0 -
ABSTAIN: 2 - Peabody, Reed
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
J.1 COUNCIL MEMBER GRIFFITH
Council Member Griffith reported that the CVAG Conservation Commission finalized its audits and conducted a presentation on biological monitoring and a tipping fee proposal. She also reported that the CVAG Energy & Sustainability Committee discussed PM10 particulate matter, its potential adverse health effects, and preventative measures. Additionally, she shared that the Community Activities Committee is actively planning several upcoming events, including the Indian Wells Film Festival, New York Times Bestselling Author Series, Back 9 Walks, Salton Sea Tour, End -of-Season Resident Party, Memorial Day event, Palm Springs Air Museum Residents Day, and a Pickleball mixer. Council Member Griffith also reported her attendance at the Contract Cities Legislative Day Conference in Sacramento.
J.2 COUNCIL MEMBER REED
Council Member Reed reported that the Riverside County Transportation Commission continues to advance various projects, including progress on the Coachella Valley Rail Project. He also noted his attendance at the Contract Cities Legislative Day Conference in Sacramento.
J.3 COUNCIL MEMBER PEABODY
Council Member Peabody reported that the Cove Communities Services Commission conducted presentations, which were highlighted during today’s meeting.
J.4 MAYOR PRO TEM WHITMAN
Mayor Pro Tem Whitman reported that the Coachella Valley Economic Partnership held discussions regarding the relocation of its incubator to Palm Springs and is currently searching for a new Executive Director. He also reported on the Public Safety Committee’s discussions, which included
Council Minutes- January 18, 2024
8 noise enforcement in Indian Wells, a delay in the license plate reader program, and tracking of pool equipment. Additionally, Coffee with a Cop event were conducted, and a new traffic plan was presented for the upcoming tennis tournament.
J.5 MAYOR SANDERS
No report.
K. ADJOURNMENT
At 3:16 p.m., Mayor Sanders Adjourned the City Council meeting to a regularly scheduled meeting to be held at 1:30 p.m. on February 15, 2024, in the City Hall Council Chamber.
Respectfully submitted,
_________________________
Angelica Avila, MMC
City Clerk