CITY COUNCIL
Revised Meeting Agenda
Thursday, June 20, 2024
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Welcome to a meeting of the Indian Wells City Council.
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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 Introduction of New Indian Wells Riverside County Sheriff Deputy Ju Yoo
C.2 Introduction of New Assistant Finance Director Erika Flores C.3 Coachella Valley Air Quality Presentation by CVAG Executive Director Tom Kirk
C.4 Greater Coachella Valley Chamber Presentation by CEO/President Brandon Marley
C.5 Joslyn Senior Center Board Presentation by Indian Wells Representative Linda Blank
C.6 Recognition of City Manager's Five Years of Service to the City of Indian Wells
C.7 RECESS CITY COUNCIL FOR 15 MINUTES
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.
G.1 Ordinance Adopting Addendum to the City’s General Plan Environmental Impact Report, Amending the General Plan to Add a Public Benefit Land Use Designation, and Amending the City’s Zoning Code
16 To Add a Public Benefit Land Use Designation, and Amending the City’s Zoning Code to Add a Public Benefit Zone in Compliance with the California Environmental Quality Act.
RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 753 by title only and waives further reading adding, pursuant to an adopted Addendum to the City’s General Plan Environmental Impact Report in compliance with the California Environmental Quality Act, chapter 21.37 and amending sections 21.12.20 and 21.12.030 of the City’s zoning code and approving Zone Map Amendment 2024-01 to add a Public Benefit land use and zoning designation; and directing staff to file a notice of determination.
G.2 Ordinance Amending Section 2.12.030 of the Indian Wells Municipal Code Regarding Planning Commission Membership Terms
31 RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 754 to be read by title only and further reading waived, approving Municipal Code Amending Section
2.12.030 the Indian Wells Municipal Code regarding Planning Commission Membership Term.
G.3 Ordinance Amending Title 9 of the City of Indian Wells Municipal Code, and Adding Chapter 9.07 Regarding Unlawful Possession of Catalytic Converters
35 RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 755 by title only and waives further reading, amending Title 9 of the City of Indian Wells Municipal Code, and Adding Chapter 9.07 regarding Unlawful Possession of Catalytic Converters, adopting by reference Riverside County Ordinance No. 987 and finding the action to be exempt under the California Environmental Quality Act (CEQA).
G.4 Ordinance Establishing Rules for City Parks and Finds the Action to be Exempt from the California Environmental Quality Act (CEQA) 41 RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 756 to be read by title only and further reading waived, adding Chapter 9.90 to the Municipal Code establishing rules for city parks in Indian Wells; 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.
G.5 Five-Year Fire Services Agreement with Riverside County Fire Department
45 RECOMMENDED ACTIONS:
Council APPROVES Five-year Cooperative Agreement with Riverside County Fire Department to provide fire protection, fire prevention, rescue, and medical emergency services for the City of Indian Wells from July 1, 2024, through June 30, 2029; and
AUTHORIZES and DIRECTS the Mayor to execute Agreement for same; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
G.6 Annual Update to Employee’s Salary Range Schedule and FY 2024- 25 Approved Employee Positions
73 RECOMMENDED ACTIONS:
Council APPROVES the annual update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and
APPROVES the Fiscal Year 2024-25 Approved Positions List with Annual Salaries and Ranges; and
DIRECTS staff to post the employee salary range schedule on the City’s website; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
G.7 Resolution Revising the Purpose and Function of the Indian Wells Golf Resort Advisory Committee
80 RECOMMENDED ACTIONS:
Council REVIEWS and ADOPTS the Resolution approving revisions to the purpose and function of the Indian Wells Golf Resort Advisory Committee; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
G.8 Calling for the General Municipal Election on November 5, 2024 85 RECOMMENDED ACTIONS:
Council ADOPTS Resolution calling and giving notice of the holding of a regular municipal election to be held concurrently with the statewide general election on Tuesday, November 5, 2024 for the election of certain officers as required by the laws of the State of California, adopting regulations pertaining to materials submitted to the electorate and costs thereof; requesting the Board of Supervisors of the County Riverside to consolidate said regular municipal election with the statewide general election to be held on the same date; and requesting said Board of Supervisors to permit the County Registrar of Voters to render certain services related to the consolidated municipal election; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
G.9 City’s Appropriations Limitation for Fiscal Year 2024-25 91 RECOMMENDED ACTIONS:
Council ADOPTS Resolution establishing the City’s Appropriations Limitation for fiscal year 2024-25; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
G.10 City Treasurer’s Report for March 2024 98
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Treasurer’s Report for March 2024; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
G.11 City Treasurer’s Report for April 2024 117
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Treasurer’s Report for April 2024; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
G.12 Annual Update to Local California Environmental Quality Act (CEQA) Guidelines
136
RECOMMENDED ACTIONS:
Council ADOPTS Resolution updating local guidelines for implementing the California Environmental Quality Act; and FINDS the action is not a project under State CEQA Guidelines section 15378(b)(5).
G.13 Amendment to AB 2766 Memorandum of Understanding with the Coachella Valley Association of Governments
353
RECOMMENDED ACTIONS:
Council APPROVES Amendment six to AB2766 Memorandum of Understanding (MOU) between the City and the Coachella Valley Association of Governments (“CVAG”) to maintain the contributions at 75% for the Regional PM 10 Street Sweeping Program, through June 30, 2026.; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
G.14 Resolution in Support of Emergency Management Performance Grant Applications
356
RECOMMENDED ACTIONS:
Council ADOPTS Resolution supporting the City’s Fiscal Year 2023- 2024 Emergency Management Performance Grant (EMPG) applications for Emergency Management Staffing and Preparedness; and
AUTHORIZES and DIRECTS the City Manager to process all grant related documents; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
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.
The City Council may ask the speakers questions relative to the case and the testimony provided. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.
H.1 Residential and Commercial Rates for Refuse Collection and Recycling Services and Annual Levy of Residential Parcels 360
RECOMMENDED ACTIONS:
Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and
APPROVES the annual levy of residential parcels for refuse collection and recycling services; and
ADOPTS Resolution ordering the levy and collection of fees for refuse collection and recycling services from residential and commercial properties within the City consistent with Indian Wells Municipal Code section 8.04.190; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
H.2 Proceedings to Form Proposed Community Facilities District No. 2024-1 (Public Safety)
376
RECOMMENDED ACTIONS:
Council ADOPTS the following Resolutions:
1. A Resolution of the City Council of the City of Indian Wells, California, Establishing Community Facilities District No. 2024-1 (Public Safety), City of Indian Wells, County of Riverside, State of California, and the Boundaries Thereof; and
2. A Resolution of the City Council of the City of Indian Wells, California Calling a Special Election and Submitting to the Voters of Community Facilities District No. 2024-1 (Public Safety), City of Indian Wells Propositions Regarding the Annual Levy of Special Taxes Within the Community Facilities District to Pay the Costs of Certain Services, and Establishing an Appropriations Limit Therefor; and
3. A Resolution of the City Council of the City of Indian Wells, California Declaring The Results of the Consolidated Special Elections Within Community Facilities District No. 2024-1 (Public Safety), and
INTRODUCES Ordinance to be read by title only and further reading waived, acting as the Legislative Body of Community Facilities District No. 2024-1 (Public Safety), Authorizing the Levy of Special Taxes in Such Community Facilities District; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
H.3 Proceedings to Establish Future Annexation to Proposed Community Facilities District No. 2024-1 (Public Safety)
423
RECOMMENDED ACTIONS:
Council ADOPTS Resolution of the City Council of the City of Indian Wells, California, Acting as the Legislative Body of Community Facilities District No. 2024-1 (Public Safety), the City of Indian Wells, County of Riverside, State of California, Authorizing the Annexation of Territory in the Future to Such Community Facilities District; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
I. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.
I.1 Annual Appointments to the Various Commission,Committees, and Boards Vacancies
439
RECOMMENDED ACTIONS:
Council APPROVES the Council Ad Hoc Committee recommendations for a two-year term beginning on July 1, 2024, through June 30, 2026; and
APPOINTS Robert Fry to serve on the Golf Resort Advisory Committee; and
APPOINTS Dan Miller and Tyler Shigenaga to serve on the Grants In Aid Committee; and
RE-APPPOINTS for a second term ending on June 30, 2026; Dawn Swajian and Tricia Cole to serve on the Community Activities Committee, Gordon Johnson and Toper Taylor on the Golf Resort Advisory Committee, Susan Paresky Grants in Aid Committee and Linda Blank to serve on the Joslyn Senior Center Board; and FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
I.2 Agreements with Abode Communities and Summit Development for Affordable Housing Development in IndianWells
441
RECOMMENDED ACTIONS:
Council AUTHORIZES and DIRECTS the City Attorney to prepare and the City Manager to execute exclusive-negotiation agreements with Adobe Communities and Summit Developers (Genton Developers) regarding potential development of an affordable housing project in the City of Indian Wells; and
FINDS the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)
I.3 Proposed Ballot Measure for Special Fire Tax Increase 444 RECOMMENDED ACTIONS:
Council DISCUSSES the Polling Results of the Special Fire Tax Ballot Measure; and
DIRECTS Staff to prepare the Ordinance approving the Revision and Resolution for Council consideration at the July 2024 Council Meeting; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2), 15060(c)(3), and 15061(b)(3).
*I.3.a Supplemental Material- Attachment #1
446
I.4 Possible Partnership with Indian Wells Preservation Foundation for Development of a Museum/Library at the Carl Bray Site
447
RECOMMENDED ACTIONS:
Council DISCUSSES and PROVIDES direction on the possibility of partnering with the Indian Wells Preservation Foundation for the development of a museum/library at the Carl Bray site; and FINDS action is not a “project” under CEQA and, alternatively, is exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
I.5 Comprehensive Traffic Safety Action Plan 453
RECOMMENDED ACTIONS:
Council APPROVES the Comprehensive Traffic Safety Action Plan and the accompanying Resolution; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(c).
J. COUNCIL MEMBER'S 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
Council Ad Hoc Committee Review
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
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
Council Ad Hoc Committee Review
Council Ad Hoc Governance Committee
Council Ad Hoc Measure J Committee
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Personnel Committee
Indian Wells Public Safety
Indian Wells Tee Committee
J.5 MAYOR SANDERS
Cove Communities Services Commission
Council Ad Hoc Governance Committee
Council Ad Hoc Measure J Committee
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
Submitted Public Comment:
June 20, 2024 Council
Meeting
THE JOSLYN CENTER
June 20, 2024 – Indian Wells Representative Linda Blank Mission Statement:
• The Joslyn Center provides extensive programs and services for older adults in Indian Wells, Palm Desert, Rancho Mirage, and surrounding Coachella Valley Communities.
• Enriching Lives Everyday is the mantra
Location: 73750 Catalina Way, Palm Desert, www.JoslynCenter.org Hours: 8 AM – 5 PM daily, closed Saturday, Sunday, Holidays Membership: $30 yearly covers choice of classes, clubs or programs.
Most are free but some with applicable instructor / participation fees (e.g., Tap Lessons, Bingo, Ukulele, Balance Conditioning) Activities: Seemingly endless - 80 diverse activities offered each week Presentation: June 20, 2024
City Council Meeting
COVE COMMUNITIES –
JOSLYN CENTER MEMBERSHIP
•Palm Desert 1,598 / 51,966 64%
• Rancho Mirage 412 / 17,257 15%
• Indian Wells 211 / 4,832 6% • Other 226 15% •TOTAL Joslyn Center Individual Members =
2,450
AWESOME ACTIVITIES @ THE JOSLYN
• Social gatherings
“Let’s Do Lunch”, Movies @ Arthur Newman Theater
• Games with friends
Pickleball (adding courts), National Yard Games Day
• Health/Wellness-centered fitness programs –
Go4Life®, Yoga, Mindfulness Education, Stretching
Class, Joslyn Fitness Center
• Interesting educational programs
Brain Boot Camp, Get Tech, Aging Mastery, Tai Chi with
Mike, Belly Dancing with Ameera
• Nutrition Service Programs – Meals on Wheels,
Penny’s Pantry, Free Farmer’s Market
A FEW 2024 JOSLYN MILESTONES
•Retirement of Jack Newby, JD, Executive
Director – an exceptional leader
•Welcome Dr. Jay Seller, Executive Director
•Certified Autism Center – first senior center in
the nation
•Completion of ADA-compliant restrooms
•Fundraising Successes
January: Wine and All That Jazz
April: Joslyn in Bloom
Thank you for your attention and the
opportunity to experience The Joslyn
Center. GO FIREBIRDS!
26529.00041\42254005.3
1 INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: Community Development
Prepared by: Jon Berg, Community Development Director
Subject: Ordinance Adopting Addendum t o the City’s General Pl an Environmental Impact Report , Amending the General Plan to Add a Public Benefit Land Use Designation, and Amending the City’s Zoning Code to Add a Public Benefit Zone in
Compliance with the California Environmental Quality Act
RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 753 by title only and waives further reading adding ,
pursuant to an adopted Addendum to the City’s General Plan Environmental Impact Report in compliance with the California Environmental Quality Act, chapter 21.37 and amending sections 21.12.20 and 21.12.030 of the City’s zoning code and approving Zone Map Amendment 2024-01 to add a Public Benefit land use and zoning designation; and directing staff to file a notice of determination.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The proposed General Plan Amendments and the Zone Text and Zone Map Amendments have 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 Lead Agency, determined that no new significant impacts or impacts more severe than those analyzed in the City’s certified General Plan Environmental Impact Report (“PEIR”) would occur as a result of implementing the proposed updates to the City’s Zoning Code and Land Use Element. As none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a Subsequent EIR or Negative Declaration have occurred, an Addendum to the General Plan PEIR (SCH No. 94092037) has been prepared in compliance with CEQA (Attachment 7).
ATTACHMENTS:
1. Ordinance
26529.00041\42253980.3
ORDINANCE NO. 753
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDIAN WELLS, CALIFORNIA, ADDING, PURSUANT TO AN
ADOPTED ADDENDUM TO THE CITY ’S GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT IN COMPLIANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CHAPTER 21.37 AND AMENDING SECTIONS 21.12.20 AND
21.12.030 OF THE CITY’S ZONING CODE AND APPROVING
ZONE MAP AMENDMENT 2024 -01 TO ADD A PUBLIC
BENEFIT LAND USE AND ZONING DESIGNATION ; AND
DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION
WHEREAS, the City of Indian Wells, California (the “City”) is a municipal corporation and charter city, 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 add Chapter 21.37 and Amend sections
21.12.20 and 21.12.030 of the City’s Zoning Ordinance to implement Program 3 (Production of New Housing Units) of the City’s adopted 6th Cycle Housing Element to change the existing Residential Medium Density Zone at the 34-acre vacant property on the northeast corner of Miles Avenue and Warner Trail (APN: 633-360-002) to establish a new Public Benefit Zone, which will accommodate the City’s lower income RHNA shortfall; and WHEREAS, by Resolution, the City Council adopted an Addendum to the Programmatic General Plan Environmental Impact Report (SCH No. 94092037) (“PEIR”) pursuant to Public Resources Code Section 21166 and California Environmental Quality Act ( “CEQA”) Guidelines Sections 15162 and 15164; and
WHEREAS, the City has independently reviewed and considered the previously certified PEIR and adopted Addenda and other documents in the record before it and has determined that the Zone Text and Zone Map Amendments would not result in any new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts and has therefore; and
WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider this Ordinance was given in accordance with applicable law; and WHEREAS, on May 16, 2024, a public hearing on this Ordinance was held by the City Council; and
WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the City Council finds that this Ordinance is consistent with General Plan goals and policies pertaining to land development, city image, orderly growth, and economic development.
ATTACHMENT #1
26529.00041\42253980.3
City of Indian Wells
Ordinance No. 753
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. The City Council has reviewed and considered the information contained in the certified PEIR and adopted Addenda and all supporting documentation, copies of which are on file at the City’s office and are incorporated by reference as though set forth fully herein. Based on this review, the City finds that any comments received regarding the Zone Text and Zone Map Amendments have been examined and determined to not modify the significant conclusions of the PEIR and adopted Addenda. The City further finds that no additional feasib le mitigation measures within the City ’s authority are necessary to reduce the environmental impacts of the Zone Text and Zone Map Amendments , because all impacts of the Zone Text and Zone Map Amendments are either less than significant, will be mitigated to a level of less than significant through compliance with the existing mitigation, or remain significant and unavoidable even with the imposition all of feasible mitigation. Finally, based on the substantial evidence set forth in the record, including but not limited to the certified PEIR and adopted Addenda, the City finds that none of the conditions triggering the need for subsequent environmental review have occurred.
Specifically, the City finds that no subsequent environmental review is required pursuant to State CEQA Guidelines section 15162 because:
a. No substantial changes are proposed by the Zone Text and Zone Map Amendments which will require major revisions of the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
b. No substantial changes have occurred with respect to the circumstances under which the Zone Text and Zone Map Amendments is being undertaken which will require major revisions of the PEIR due to the involvement of new significant, environmental effects or a substantial increase in the severity of previously identified significant effects; and
c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the PEIR was certified, shows that:
(i) either the Zone Text and Zone Map Amendments will have one or more new significant effects; (ii) significant effects of modifications to the Project examined in the PEIR will be substantially more severe; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Zone Text and Zone Map Amendments , but the City declined to adopt the measure or alternative; or (iv) mitigation measures or alternatives which are considerably different from those analyzed in t he PEIR and adopted Addenda would substantially reduce one or more significant effects on the environment of the Zone Text and Zone Map Amendments, but the City declines to adopt the measure or alternative.
SECTION 3. Findings. In accordance with Section 21.06.015 of the City of Indian Wells Zoning Code, the following findings for approving General Plan Amendment No. 2024-02 are made:
26529.00041\42253980.3
City of Indian Wells
Ordinance No. 753
3 1. The proposed General Plan Amendment is internally consistent with the General Plan:
FACT: The amendment will replace the current Residential Medium Density ( “RMD”) land use designation for the site with a new Public Benefit land use designation. The amendment is internally consistent with the goals and objectives, and policies of the General Plan, including the Land Use Element and the adopted Housing Element. The adopted Housing Element identifies the availability of adequate sites to accommodate the City’s share of the Regional Housing Need on sites that have been previously identified for residential development, consistent with the City’s Land Use Element. A candidate site (APN 633 -360-002) has been identified in Program 3 of the adopted Housing for a future General Plan Amendment and Development Code Amendment to establish residential densities consistent with those identified in the Housing Element Update for the subject property. The City’s formal adoption of General Plan Amendment 2024-02 will result in implementation of this Housing Element program to help satisfy the City’s lower income RHNA.
2. The proposed General Plan Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City:
FACT: Designating the new Public Benefit land use at the site will facilitate lower income housing opportunities within the City which will directly benefit citizens with a wide range of economic backgrounds, including workforce housing, disadvantaged groups, a nd those with special housing needs. The allowable park, recreation, and open space amenities will promote health, safety, convenience and the general welfare for residents and visitors.
3. The proposed General Plan Amendment will maintain the appropriate balance of land uses within the City:
FACT: The affordable housing, park, recreation and opens space uses allowed within the Public Benefit zone will provide a greater diversity of housing types, such as multifamily, condominiums, and townhomes, while allowing for greater recreational opportunities at the site as compared to the existing RMD land use designation. This will allow both younger and older generations of Indian Wells’ residents to remain in the community while attracting a broader economic base of residents to the City. The amendment will protect and enhance established neighborhoods while helping the City evolve into a more integrated, walkable, and cohesive community.
4. In case of an amendment to the General Plan Land Use Plan (i.e., Map), the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use developments(s).
FACT: The Project does not propose site -specific development; rather, it involves amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map to implement the required rezoning program to accommodate the City’s RHNA. The parcel proposed for amendments under the Project (APN 633 -360- 002) is designated Medium Density Residential, allowing for the development of up to 238 residential dwelling units. Similarly, the Project’s proposed PB-1 designation would
26529.00041\42253980.3
City of Indian Wells
Ordinance No. 753
4 allow for the development of up to 238 units. The parcel is bounded by Warner Trail, followed by single-family residential uses to the west; institutional uses (Gerald R. Ford Elementary School) to the north; the Indian Wells Tennis Garden to the east; and Miles Avenue, followed by the Whitewater River flood control channel to the south. The area surrounding the site is generally developed and served by existing roadways and utilities. Future residential development of the site would be consistent with the land use and zoning of adjacent properties and would be a continuation of existing uses within the surrounding area. Implementation of the Project would not physically divide an established community, as residential development has been anticipated within this area and would be evaluated at the project level for consistency with the City’s General Plan goals and policies.
SECTION 4. Code Amendments and Additions. The Indian Wells Zoning Code is hereby amended as set forth in Attachment “A” hereto and incorporated herein by reference.
SECTION 5. 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 6. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it 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 7. Effective Date. This Ordinance takes effect 30 days following its adoption.
SECTION 8. Notice of Determination. The City Council hereby directs staff to prepare, execute and file with the County Clerk and Office of Planning and Research a Notice of Determination within five working days of first reading of this Ordinance.
SECTION 9. Publication. The City Clerk shall certify 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.
(Signatures on following page)
26529.00041\42253980.3
City of Indian Wells
Ordinance No. 753
5 PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 20th day of June 2024.
______________________________
GREG SANDERS
MAYOR
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 753
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 753, having been regularly introduced at the meeting of May 16, 2024, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 20th of June, 2024 said ordinance was passed and adopted by the following stated vote, to wit:
and was thereafter on said day signed by the Mayor of the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
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City of Indian Wells
Ordinance No. 753
6 ATTACHMENT “A”
ZONING CODE AMENDMENTS
CHAPTER 21.37 (Public Benefit Zone Development Standards) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby added in its entirely as follows:
21.37.010 General.
This Chapter contains the regulations for the Public Benefit Zone established by the City. The actual designation of each area will be PB followed by a corresponding number (e.g., PB-1).
21.37.020 Purpose.
The purpose of the Public Benefit Zone is to provide space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking.
21.37.030 Permitted uses.
The following uses are permitted in the Public Benefit Zone:
a) Accessory Structures
b) Public Parking
c) Recreational Facilities/Sports Complex Non-Commercial d) Residential/Attached
e) Residential/Cluster Development
f) Small Family Day Care
g) Agriculture, subject to approval of a Conditional Use Permit h) Antennas, Residential, subject to approval of a Conditional Use Permit i) Antennas, Commercial, subject to approval of a Conditional Use Permit j) Day Care Center, subject to approval of a Conditional Use Permit k) Utility Buildings & Facilities, subject to approval of a Conditional Use Permit l) Other uses which benefit the public which the City Council may designate from time to time
21.37.040 General development requirements.
The following general development standards apply to PB-1:
a) Up to a maximum of 29 percent, and less than 10 acres, may be developed with residential uses (“Residential Area”).
b) The maximum number of residential units that may be within the Residential Area is 238 units.
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City of Indian Wells
Ordinance No. 753
7 21.37.050 Residential development standards.
The following standards apply to residential development in PB-1:
a) Development Standards Table:
Item Standard
Minimum density 20 du/gross acre
Maximum density 24 du/gross acre
Maximum building height 35 feet
Minimum setbacks
• Front
• Side
• Rear
15 feet
10 feet
10 feet
Minimum distance between main
buildings
10 feet
b) Residential uses shall occupy at least 50 percent of the total gross floor area of a mixed- use development.
c) For developments in which 20 percent or more of the units are affordable to lower income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply), owner-occupied and rental multifamily uses are considered a use by right pursuant to subdivisions (h) and (i) of Government Code Section 65583.2 and shall be reviewed ministerially by the Director. d) An applicant for a project pursuant to this Section may apply for a density bonus, incentives or concessions, waivers or reductions in development standards, and reduced parking ratios in accordance with Government Code Section 65915 and Section 21.20.040.
21.37.060 Residential design standards.
Residential development within the Public Benefit Zone must implement the following design standards which are intended to provide developers, builders, and architects with a clear standard of the desired site design characteristics.
a) Site design and parking
1. Primary building entrances (individual or shared) must include at least two of the following building materials: stucco, brick, stone, or wood. Entrances that do not face a public street and sidewalk (such as within deep or large lots) must face an interna l pedestrian path that connects to a public sidewalk.
2. At least two different building types must be included in projects with multiple buildings. Building types must be differentiated through variations to building materials, color, rooflines, and the use of architectural features such as awnings and light fixtures.
3. Lighting must be recessed or hooded and downward directed.
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City of Indian Wells
Ordinance No. 753
8 4. All surface level parking areas, covered and uncovered, must be screened from public streets. Screening must be accomplished through building placement, landscaping, a planted berm, decorative fencing with vines, topography, or some combination of the above. Landscaping used for screening purposes must be no less than two feet wide (from the back of the sidewalk or street curb to the parking lot paving, whichever is greater) and no less than forty-two inches in height.
5. Structured parking must be designed such that all lighting is fully shielded and automobile headlamps within the structure are not visible from adjacent buildings, parcels, or streets. The minimum height of screening for automobile headlights must be forty-two inches in height.
6. Parking areas must be separated from any building by a sidewalk or landscaping with a minimum width of five feet.
b) Building design
1. Blank walls (façades without doors, windows, landscaping treatments) must be less than thirty feet in length.
2. Buildings three stories and over must provide three distinctive materials, each a minimum of ten percent of the total street-facing building façade, and a minimum of two different building colors. Distinctive building materials must include a combination of stucco, brick, stone, and wood.
3. Trim surrounds or recessed windows with a minimum depth of three inches must be provided at all exterior windows and door openings.
4. Exterior front doors must be recessed a minimum of three feet or have a covered porch with a minimum depth of six feet.
5. Exterior walls must include two or more of the following: windows, trellises, arcades, roof overhangs, recessed or projected massing, columns, balconies, wainscots, or awnings.
6. Exterior stairwells must not be directly visible from the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and must not be separated from these areas by landscaping, fences, or walls taller than three feet. c) Massing and articulation
1. All building walls must have at least one minor massing break every fifty (50) lineal feet. A “minor massing break” means a variation in setback or a building entry, recess, or structural bay or other projection. A minor massing break that is a setback, recess, or projection must be at least twelve inches deep and four feet wide.
2. Buildings over three stories tall must have at least one major massing break every one hundred lineal feet along all street frontages, adjacent public park, publicly accessible outdoor space, or open space area. A “major massing break ” means a variation in setback or a building entry that is at least seventy -two inches deep and sixty inches wide and that extends the full height of the building.
3. Rooflines, whether pitched or flat, must be vertically articulated at least every fifty feet along the street frontage. “Vertically articulated” means one or more of the following:
a parapet, a variation in cornice, a reveal, a clerestory window or windows, or a variation in roof height or form.
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City of Indian Wells
Ordinance No. 753
9 21.37.070 Nonresidential development.
All nonresidential improvements within the Public Benefit Zone must be consistent with accepted public use and/or park and recreation development standards and consistent with the objective to provide uses that are beneficial to the public.
21.37.080 Parking.
See Section 21.100.010.
21.37.090 Structure appendages and projections.
See Section 21.27.110.
21.37.100 Landscaping.
See Section 21.60 Architecture and Landscape Review
21.37.110 Roof mounted equipment.
See Section 21.27.140.
21.37.120 Utilities.
a) All utilities services must be installed underground to the buildings. b) All utilities such as gas meters, electrical meters, telephone pedestal -mounted terminal boxes, surface -mounted electrical transformers, fire hydrants or any other potential obstructions must not be located within the required parking or turning area or driveway. c) All utility meters must be screened by architectural means from view from public or private streets.
21.37.130 Antennas.
See Section 21.90.060.
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City of Indian Wells
Ordinance No. 753
10 SECTION 21.12.020 (Land use categories) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows:
“The chart on the following page shows a listing of the land use categories established by this division. The land use categories established by this division are defined and labeled in the chart.
The label is used for identification and reference.
LAND USE CATEGORIES - CHART
CATEGORY LABEL DESIGNATION DEVELOPMENT
STANDARD
DEVELOPMENT
CHARACTERISTICS
Residential NPR Natural Preserve 1 du/40 gross
acres
Privately owned lands in the Santa
Rosa Mountain range along the
southern half of City. Limited
residential development is permitted
subject to restrictions of a Hillside
Management Ordinance.
Residential RVLD Very Low
Density
1 – 3 du/gross
acre
Single family detached homes on
large lots, often custom designed.
Residential RLD Low Density 3.1—4.5
du/gross acre
Single family detached subdivisions.
Residential RMD Medium Density 4.6—7.0
du/gross acre
Small lot, detached and/or attached
single-family dwellings.
Residential RMHD Medium High
Density
7.1—12.0
du/gross acre
Lower density town homes,
condominiums and apartments.
Would accommodate congregate
housing facilities for seniors.
Residential RVLD/
GOLF/
CELL
Wireless Facility
Overlay
Commercial Antenna per
Section 21.48.080 that allows
consideration of wireless facilities in
conjunction with a clubhouse facility
that has a land use designation of
Residential Very Low Density Zone
with Golf Course Overlay.
Commercial CC Community
Commercial
0.75 FAR* A wide range of facilities, including
grocery stores, retail shops and
restaurants, resorts, and services,
such as dry cleaners and shoe repair.
Commercial RC Resort
Commercial
0.25 FAR* Resort hotels, resort complexes, and
ancillary tourist commercial uses and
condo-hotels.
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City of Indian Wells
Ordinance No. 753
11 Commercial PO Professional
Office
0.50 FAR* Administrative and professional
offices such as financial institutions,
medical/dental offices, law offices,
and related commercial facilities.
Public/Quasi
Public
PB Public Benefit 8.0-24.0
du/gross acre in
“Residential
Area”
A limited range of uses providing
public benefits, including affordable
housing and supporting uses, such as
public park, recreation, open space,
and parking.
Public/Quasi
Public
PF Public Facilities Civic Center and other publicly-owned facilities.
Public/Quasi
Public
PP Public
Parks/Recreation
Publicly-owned parks.
Open Space GOLF Golf Course
Overlay
Overlay zone applied to public and
private golf course facilities.
Open Space WC Watercourse Areas subject to flood hazard (see definition, Section 21.08.477)
Open Space POS Public-Owned
Open Space
Publicly-owned open space lands.
Comprised predominantly of Federal,
State, and City-owned lands in the
Santa Rosa Mountains.
Open Space COS Country Club
Open Space
Privately-owned deed-restricted open
space land.
Senior
Housing
SHO Senior Housing
Overlay
Overlay zone applied to sites
proposed for Senior Housing projects.
Affordable
Housing
AHO Affordable
Housing Overlay
Overlay zone applied to sites
proposed for Affordable Housing
projects.
Special
Study Area
SSAO Special Study
Area Overlay
Overlay zone that allows alternative
land use consideration on sites that
offer unique planning and/or
economic opportunities.
*Floor Area Ratio: A ratio of the floor area of building permitted on a given building site.
Example: 0.25 FAR would permit a maximum of 10,000 square feet of building floor area on a 40,000 square foot building site.
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City of Indian Wells
Ordinance No. 753
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Ordinance Amending Section 2.12.030 of the Indian Wells Municipal Code Regarding Planning Commission
Membership Terms
RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 754 to be read by title only and further reading waived, approving Municipal Code Amending Section 2.12.030 the Indian Wells Municipal Code regarding Planning Commission Membership Term; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)
ATTACHMENTS:
1. Ordinance
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ORDINANCE NO. 754
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING SECTION 2.12.030 OF THE MUNICIPAL CODE
RELATING TO MEMBERSHIP OF THE PLANNING COMMISSION AND
FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells is a California charter city, with authority to regulate its municipal affairs; and
WHEREAS, the membership and term of service of the Planning Commission is a municipal affair; and
WHEREAS, members of the City’s Planning Commission have begun and ended their terms of service at the end of June; and
WHEREAS, the City Council desires to change the start and end date of Planning Commissioner service to be at the end of December, as set forth below; and WHEREAS, adoption of this ordinance does not constitute a “project” as defined by CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) section 15378, and, in the alternative, adoption of this ordinance is subject to the common -sense exemption in CEQA Guideline s section 15061(b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CEQA. Adoption of this ordinance does not constitute a “project” as defined by CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) section 15378, and, in the alternative, adoption of this ordinance is subject to the common-sense exemption in CEQA Guidelines section 15061(b)(3).
SECTION 2. Amendment. Section 2.12.030 of the Indian Wells Municipal Code is amended to read as follows:
§ 2.12.030 Membership of the Planning Commission.
(a) Appointment and Term.
(1) Generally. The Planning Commission shall consist of five members who shall be registered voters within
the City and who shall be appointed by the City
Council. The term of office for members of the
Commission shall be a staggered term of office
with terms of two years overlapping and
commencing on December 1 of the applicable year
and continuing until the second December 30 that
follows. The members shall serve for said term,
and until their successors have been appointed. All
appointments to the Commission shall be by three
ATTACHMENT #1
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Ordinance No. 754
affirmative votes of the City Council and any
appointment to fill a vacancy shall be for the
unexpired term of the member being replaced.
(2) Each term of service on the Commission that was
due to expire on June 30, 2024, is extended
through December 31, 2024.
(b) Term Limits. Appointees are limited to two consecutive two-year terms of membership on the Planning
Commission, including a partial term. An appointee may
not be reappointed to the Planning Commission after
completion of two consecutive terms, including a partial term. After serving a maximum of two consecutive two -
year terms (including a partial term), an appointee shall not be reappointed to the Planning Commission unless at least one year has elapsed between the expired term limit and the effective date of commencement of the new term.
Notwithstanding any provision to the contrary, an
appointee shall not be precluded at any time following
completion of service on the Planning Commission from
being appointed to another commission, board or
committee without the lapse of time between
appointments. Term limits will be applied prospectively, commencing with appointments made on or after January
1, 2009.
(c) Attendance Requirements and Conditions of Removal. Any member of the Commission may be removed during the
term of office by the affirmative vote of three members of the City Council. Attendance at all Commission meetings is an obligation of each member of the Commission. If a
member of the Commission is absent without Commission
permission from all regular Commission meetings for 95
days consecutively from the last regular meeting that the member of the Commission attended, that member's seat
shall be deemed vacant, and the City Council shall appoint a new member for that seat. The Commission in its by -
laws shall adopt a procedure for a member to obtain
Commission permission to be absent. (Ord. 296 § 1, 1992; Ord. 382 § 1, 1996; Ord. 624 § 1, 2009; Ord. 727 § 1,
2020)
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City of Indian Wells
Ordinance No. 754
SECTION 3. The City Clerk is directed to publish this ordinance in the manner and in the time required by law and shall take effect 30 days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 20th day of June, 2024.
GREG SANDERS
MAYOR
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS )
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 754, having been regularly introduced at the meeting of May 16, 2024, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 20th of June, 2024 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 the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
______________________________________ ____________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: City Manage Department
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Ordinance Amending Title 9 of the City of Indian Wells Municipal Code, and Adding Chapter 9.07 Regarding
Unlawful Possession of Catalytic Converters, adopting by reference Riverside County Ordinance No. 987 and Finding the Action to be Exempt under the California Environmental Quality Act (CEQA)
RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 755 by title only and waives further reading, amending Title 9 of the City of Indian Wells Municipal Code , and Adding Chapter 9.07 r egarding
Unlawful Possession of Catalytic Converters, adopting by reference Riverside County Ordinance No. 987 and finding the action to be exempt under the California Environmental Quality Act (CEQA).
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is exempt from the requirements of the California Environmental Quality Act ("CEQA") under the State CEQA Guidelines because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).)
ATTACHMENTS:
1. Ordinance No. 755
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1 ORDINANCE NO. 755
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADDING CHAPTER 9.07 (“UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER”) TO TITLE 9 (“PEACE, MORALS, AND SAFETY”)
OF THE INDIAN WELLS MUNICIPAL CODE, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 987, “AN ORDINANCE OF THE
COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER”; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION 15061.
WHEREAS, the City of Indian Wells , California (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2022, the Governor signed into law Senate Bill 1087, amending section 21610 of the California Business and Professions Code and section 10852.5 of the California Vehicle Code, prohibiting any person from purchasing a used catalytic converter from anybody other than certain specified sellers; prohibit ing recyclers from purchasing a catalytic converter from anybody other than specified sellers; and making a violation of the provisions to be an infraction, punishable by a fine; and
WHEREAS, the County of Riverside (“County”) adopted Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance 987”), to curb the theft of catalytic converters throughout the County and to provide the County with reasonable means to address the impact on the community and the victims posed by increasingly common catalytic-converter thefts; and WHEREAS, City staff recommends that the City adopt and incorporate by reference Ordinance 987 into Title 9 (“Peace, Morals, and Safety”) of the Indian Wells Municipal Code, as set forth herein, to protect the public and deter certain criminal activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. That the above recitals are true and correct and are incorporated as though fully set forth herein.
SECTION 2. CEQA. Adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") under the State CEQA Guidelines because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of ATTACHMENT #1
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Ordinance No. 755
Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 3. AMENDMENT. Chapter 9.07 of the Indian Wells Municipal Code is hereby added to Title 9 to read in its entirety as follows:
“Chapter 9.07 UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER.
§ 9.07.010 County Ordinance; Incorporation.
Riverside County Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance No. 987”) as may be amended in the future, is adopted and made a part of this chapter by reference. § 9.07.020 Definitions.
All words and terms used herein without definition have the meanings assigned to them in Ordinance No. 987.
§ 9.07.030 Violations and enforcement
A. Misdemeanor Penalty. Any person who violates a provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000.00, or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000.00 and by imprisonment in the County jail for one year.
B. State Penalties Apply. Nothing in this ordinance is intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, or receipt of catalytic converters.
C. Administrative Civil Penalty. In addition to any other penalty provided by law, whenever an Enforcement Officer determines that a violation of this ordinance has occurred, the Enforcement Officer has authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation.
1. Amount. Any administrative civil penalty shall be : $1,000.00 for the first offense; $2,000.00 for a second offense within 36 months of the first; and $5,000.00 for each subsequent offense within 36 months of the first . An
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Ordinance No. 755
offense occurring more than 36 months from the last one is treated as a first offense.
2. Information.
a. The administrative citation shall contain the following information:
i. The d ate, location and approximate time the violation was observed;
ii. The a mount of the administrative civil penalty imposed for the violation;
iii. Instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; iv. Instructions on how to appeal the administrative citation; and v. The signature of the Enforcement Officer.
b. The failure of the administrative citation to set forth all required contents does not affect the validity of the administrative citation or any proceedings to enforce said citation.
c. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or it may be imposed by the court if the violation is enforced by a court without an administrative process.
D. Separate Offenses.
1. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.
2. Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.
E. Non-Exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this ordinance are cumulative and not exclusive.
1. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the
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City of Indian Wells
Ordinance No. 755
use of additional citations or other remedies as authorized by other ordinance or law.
2. Punishment of or enforcement against any person hereunder does not relieve such person from the responsibility of restitution for correcting or abating a violation, nor does it prevent the enforced correction or abatement thereof.
SECTION 4. EFFECTIVE DATE . This Ordinance takes effect 30 days following its adoption.
SECTION 5. 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 6. ENFORCEMENT AUTHORITY . The City Council hereby delegates the authority to the County to administer and enforce the provisions of Ordinance No. 987, as adopted and incorporated herein, within the jurisdictional boundaries of the City, which shall not preclude the City from taking any enforcement action as it deems necessary at any time in accordance with applicable law.
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. AMENDMENT OF CONFLICTING PROVISIONS. All the provisions of the Indian Wells Municipal Code as heretofore adopted by the City of Indian Wells that are against the provisions of this ordinance are hereby amended.
SECTION 9. PUBLICATION; EFFECTIVE DATE . The City Clerk shall certify 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.
SECTION 10. AMENDING BAIL SCHEDULE. The City Attorney is hereby directed to
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City of Indian Wells
Ordinance No. 755
determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
SECTION 11. CERTIFICATION. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 20 day of June, 2024. ____________________________
GREG SANDERS
MAYOR
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 755
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No.755, having been regularly introduced at a regular meeting of May 16, 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 20th of June, 2024 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
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ORDINANCE NO. 756
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS ADDING CHAPTER 9.90 TO THE MUNICIPAL CODE REGARDING
REGULATION OF CONDUCT IN PARKS AND RECREATIONAL FACILITIES;
AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; 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 to enforce appropriate rules governing conduct in public parks and recreational facilities to ensure public health, safety, and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. CEQA. Adoption of the proposed ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) because the amendment would not cause any direct physical change or any reasonably foreseeable indirect physical change in the environment.
Therefore, adoption of the ordinance is not a “project” subject to CEQA. (Cal. Pub. Res. Code § 21065; 14 Cal. Code Regs. § 15378.) Adoption of the ordinance is exempt because the amendment has no potential for causing a significant impact on the environment. (14 Cal. Code Regs. § 15061(b)(3).) Staff is directed to file a notice of exemption promptly after adoption.
SECTION 3. Code Amendments. Chapter 9.90 is hereby added to the Indian Wells Municipal Code, to read in its entirety as follows:
Chapter 9.90 PUBLIC PARK AND RECREATIONAL FACILITIES
§ 9.90.010 Hours and rules of conduct.
The hours that public park and recreational facilities are open for use and rules governing use of the park by the public shall be established by the city manager, directly or through delegation. The city manager shall cause the hours and rules to be posted at each public park or recreational facility at which they will be enforced and shall cause a list of such hours and rules to be maintained on file in the office of the city clerk.
§ 9.90.020 Entry prohibited.
No person shall enter or remain in any public park or recreational facility in the city at any time during the hours when the park or recreational facility is closed to the public under Section 9.90.010.
ATTACHMENT #1
26529.00000\42259866.1
City of Indian Wells
Ordinance No. 756
§ 9.90.030 3 No camping.
Camping is prohibited in all city parks and recreational facilities.
§ 9.90.040 Enforcement.
Any violation of a park regulation established and posted under this chapter is a violation of this code.
SECTION 4. 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 5. 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 that 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 th ey 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 6. Effective Date. This ordinance takes effect 30 days following its adoption.
SECTION 7. Publication. The City Clerk shall certify 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 20th day of June 2024.
______________________________
GREG SANDERS
MAYOR
26529.00000\42259866.1
City of Indian Wells
Ordinance No. 756
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS )
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No.756 , having been regularly introduced at the meeting of May 16, 2024, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 20th day of June, 2024 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 the City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER
CITY ATTORNEY
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: City Manager’s Department
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Five-Year Fire Services Agreement with Riverside County Fire Department
RECOMMENDED ACTIONS:
Council APPROVES Five-year Cooperative Agreement with Riverside County Fire Department to provide fire protection, fire prevention, rescue, and medical emergency services for the City of Indian Wells from July 1, 2024, through June 30, 2029; and
AUTHORIZES and DIRECTS the Mayor to execute Agreement for same; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
DISCUSSION:
The City contracts with Riverside County Fire Department for fire protection and emergency medical services for a three-year period, expiring on June 30, 2024. This service is provided by the State of California Department of Forestry and Fire Protection (CalFire). Staff is presenting a Five-year contract extension beginning July 1, 2024 and ending on June 30, 2029.
The new Agreement reflects the current staffing levels that CalFire provides the City of Indian Wells, including: Fire Captains, Engineers, and Firefighter II Paramedics. This is consistent with the City Council’s support to provide the Advanced Life Support (ALS) Fire Engine, ALS ambulance, and Fire Marshall services, and includes all support positions to service Fire services in the City. In 2019, the City upgraded the Fire Engine to ALS level of service. This added the Paramedic to the Engine with the capability of administering life-saving medications. This significantly increased the level of service the City receives by enabling the Engine to immediately provide treatment to a patient when a rescue ambulance is not immediately available.
From July 1, 2023 to March 31, 2024, the Fire Department has responded to a total of 1,072 calls for service. This includes:
Medical: 770
False Alarms: 169
Public Service Assists: 64
Traffic Collisions: 69
The Public Safety Committee is currently discussing a possible enhancement to commercial fire inspection services. This would provide additional inspections for businesses in the City to ensure compliance with the State Fire Code. This enhancement is currently not in the attached agreement. Once the Public Safety Committee has a recommendation, it would then come to the City Council for discussion and direction.
FISCAL IMPACT:
The projected cost for Contract Fire Services for the fiscal year 2024-25 is estimated at $4,610,000, reflecting an approximate 1.3% increase from the previous year. This rise is primarily attributed to inflationary pressures. Historically, budget allocations for CalFire services have anticipated a 5% increase, aligning with the City’s 10 -year Forecast, last updated in February 2024.
Beyond the Contract Fire Services, Indian Wells is part of a collaborative agreement with the cities of Palm Desert and Rancho Mirage (the Cove Cities) for ladder truck services.
The City's annual contribution to this shared service is approximately $630,000.
Additionally, administrative services, which include allocated labor, utilities, maintenance, insurance expenses, and the Cove Cities partnership for the Emergency Response Manager, amount to $640,000 annually. The City is also slated to remount Medic Unit 55 this year, with an associated cost of $400,000. Consequently, the total expenditure for Fire Services is projected to be $6,280,000.
Revenues to cover these Fire Service costs are sourced from the Fire Services Fund. For the fiscal year 2024-25, the City anticipates generating $6,523,000 in total revenues. This includes $5,143,000 from County Fire Tax credits, $610,000 from special assessments, $120,000 from interest income, and $650,000 from ambulance billing fees.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)
ATTACHMENTS:
1. Cooperative Agreement
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
1 of 10
A COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL
AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF INDIAN WELLS THIS AGREEMENT (“Agreement”), made and entered into this ____ day of ______________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department (hereinafter referred to as “COUNTY”) and the City of Indian Wells, a municipal corporation (hereinafter referred to as “CITY”), whereby it is agreed as follows:
SECTION I: PURPOSE
The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement (“CAL FIRE Agreement”) with the California Department of Forestry and Fire Protection (“CAL FIRE”) to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, fire marshal, medical emergency services, and public service assists (hereinafter called “Fire Services”). This Agreement is entered into pursuant to the authority granted by Government Code section 55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY’s ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement.
SECTION II: DESIGNATION OF FIRE CHIEF
A. The County Fire Chief appointed by the County Board of Supervisors, or his/her designee (hereinafter referred to as “Chief”) , shall represent COUNTY and CITY during the period of this Agreement, and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit “A,” attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services.
B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison (“Fire Liaison”). The Chief may delegate certain authority to the Fire Liaison, as the Chief’s duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit “A.” C. The County Chief D eputy County Fire shall be the COUNTY Contract Administrator and is the liaison for the administration of this agreement.
D. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. This flexibility shall include staffing challenges . The CITY shall be notified of a ny changes in classifications provided that differ from the Exhibit “A.” ATTACHMENT #1
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
2 of 10
SECTION III: PAYMENT FOR SERVICES
A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit “A” for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY.
B. COUNTY provides fire personnel an d services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit “A,” CITY shall provide one hundred twenty (120) days ’ written notice of the proposed requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; (3) The number of employees, by classification, affected by the proposed increase or decrease ; and (4) the date the Notice is sent to COUNTY. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY’s request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions.
COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section.
C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit “A,” on a quarterly basis. The COUNTY is mandated per Government Code section 51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof.
D. Any changes to the salaries or expenses set forth in Exhibit “A” made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represe nted as set forth in Exhibit “A.” The CITY is obligated to expend or appropriate any sum in excess of Exhibit “A” increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit “A” as a result of action by the Legislature, CAL FIRE, or other public agency will exceed the total amount speci fied therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, spec ifying the services to be reduced.
Any COUNTY or CAL FIRE personnel reduction resulting solely due to an increase in
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
3 of 10
employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit “A” that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of C ITY, and an amendment to Exhibit s “A” and “C” approved by the parties hereto.
E. Chief Deputy County Fire, as the COUNTY Contract Administrator, may be authorized to negotiate and execute any amendments to Exhibit “A” or Exhibit “C” of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a “Contract Administrator” who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit “A” or “C” on behalf of CITY.
F. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “B” are incorporated herein and shall additionally apply to this agreement regarding payment of services.
G. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “C” are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement.
H. _______ [ ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit “D” are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services.
I. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this Agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure or is requested by the CITY , the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be Two Thousand Two Hundred Eighty- Five Dollars ($2,285) per day , or Fifteen Thousand Nine Hundred Ninety-Five Dollars ($15,995) per week, not including equipment.
J. Notwithstanding Paragraph H, as it relates to Fire Marshal services , if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit “D”), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance No. 671 (Establishing Consolidated Fees For Land Use and Related Functions). Any services not provided for under Ordinance No. 671 will be at a cost to the CITY based upon the COUNTY-approved productive hourly rate for cost recovery.
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
4 of 10
K. In the event that a COUNTY owned squad, patrol (Type VI), or light vehicle is requested by the CITY for temporary operational use, the COUNTY Fire Chief or Chief Deputy County Fire may allow use of a COUNTY squad, patrol (Type VI), or light vehicle, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY squad, patrol (Type VI) or light vehicle as follows.
1. The squad rental fee shall be Fifty-two Dollars ($52) per day ; or Three Hundred Sixty-two Dollars ($362) per week, not including equipment or fuel.
2. The patrol rental fee shall be Sixty-seven Dollars ($67) per day ; or Four Hundred Seventy-one Dollars ($471) per week, not including equipment or fuel.
3. The light vehicle rental fee shall be Twenty -nine Dollars ($29) per day; or Two Hundred Four Dollars ($204) per week, not including equipment or fuel.
SECTION IV: INITIAL TERM AND AMENDMENT
A. The term of this Agreement shall be from July 1, 2024, to June 30, 2029.
B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement.
SECTION V: TERMINATION
During the term of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code section 55603.5.
SECTION VI: COOPERATIVE OPERATIONS
All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid.
SECTION VII: MUTUAL AID
Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
5 of 10
and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY.
In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code sections 13051 and 13054 to the officer designated by CITY.
SECTION VIII: SUPPRESSION COST RECOVERY
As provided in Health and Safety Code section 13009 , County Ordinance No. 787.10, Section 5 .D.2., and California Fire Code , COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. Additionally, COUNTY may bring action for collection to any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Gove rnment Code section 53150 et seq . as may be amended from time to time. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such actions for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly.
In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code section 13009 to the officer designated by CITY.
SECTION IX: PROPERTY ACCOUNTING
All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each.
SECTION X: FACILITY
CITY shall provide Fire Station (s), strategically located to provide standard response time within the City of Indian Wells from which fire operations shall be conducted. If the Fire Station(s) are owned by the C ITY, the C ITY shall maintain the facilities at CITY’s cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to C OUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY.
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
6 of 10
SECTION XI: INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, t axable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any appro ved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.
To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kin d or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including th e cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.
SECTION XII: AUDIT
A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit recor ds in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7.)
B. Each party shall bear their own costs in performing a requested audit.
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
7 of 10
SECTION XIII: DISPUTES
CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief or County Contract Administrator that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v.
Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm’s length. Pursuant to this Agreement, the parties agree that v enue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.
Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims that involve CAL FIRE employees, the claims shall be submitted to State of California Office of Risk and Insurance Management Department of General Services directly for processing.
SECTION XIV: ATTORNEYS’ FEES
If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.
In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
8 of 10
SECTION XV: DELIVERY OF NOTICES
Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:
COUNTY OF RIVERSIDE CITY OF INDIAN WELLS
Riverside County Fire Chief City Manager
210 West San Jacinto Avenue 44–950 El Dorado Drive
Perris, CA 92570 Indian Wells, CA 92210–7414
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.
SECTION XVI: PUBLIC RECORDS ACT REQUESTS
The parties understand and acknowledge that, as public agencies, COUNTY and CITY are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The parties understand and acknowledge that such compliance may require disclosure of all relevant, non -exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.
SECTION XVII: ELECTRONIC SIGNATURE
This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this agreement. The parties further agree that the electronic signatures of the parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
9 of 10
SECTION XVIII: ENTIRE CONTRACT
This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services.
[Signature Provisions on following page]
Cooperative Fire Agreement
City of Indian Wells
July 1, 2024 to June 30, 2029
10 of 10
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.
CITY OF INDIAN WELLS
Dated: ___________________________ By: _____________________________ Greg Sanders, City Mayor
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________ Angela Avila, City Clerk Jeffrey S. Ballinger, City Attorney
COUNTY OF RIVERSIDE , a political
subdivision of the State of California
Dated: ___________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:
KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel
Contract Cities\COOPERATIVE AGREEMENT\TEMPLATE\COOPERATIVE AGREEMENTS\DRAFTS\TEMPLATE COOPERATIVE AGREEMENT DRAFT 20240101.docx
CAPTAIN ENGINEER FF II
CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II MEDICS TOTALS
STA #55
Engine 269,261 1 237,365 1 410,127 2 466,528 2 1,383,282 6 Medic Unit 933,057 4 933,057 4
Fixed Relief 205,064 1 233,264 1 438,328 2
Vacation Relief 237,365 1 233,264 1 470,630 2
66–HR Workweek 269,261 1 269,261 1
SUBTOTALS 538,523 474,731 615,191 1,866,113 $3,494,558
2 2 3 8 15
183,114 91,557 0.5
SUBTOTAL $91,557 15.5
26,620 407,812 15.3
9,914 9,914 1
13,898 2,720 119,341 8
7,655 114,818 15
36.51 26,489 74,462
81,675 81,675 1
38.08 27,633 77,675
3,151.42 11,857 13,943
$899,639
88,349
36,250 36,250 1
14.1 4,610,353
* (5,143,828)
($533,475)
* (1,373,866)
(4,336,962)
567,000
($5,143,828)
1 15.0
1,314 0.32
8 ** 15.3
3 1
0 TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
Hazmat Stations
Monitors/Defibs
Battalion Chief Allocation
Total Assigned Staff
Fire Stations
Per Entity Allocation
per Fire Station Staff
per Fire Suppression Equip
EXHIBIT "A"
MEDICAL EMERGENCY FOR THE CITY OF INDIAN WELLS
DATED APRIL 1, 2024 FOR FY2024/2025
SUBTOTAL STAFF
each
*See notation below for estimate assumptions
per Defib
Administrative/Operational (Schedule A)
Volunteer Program (Schedule B)
Medic Program (Schedule C)
Number of Hazmat Calls
per Call and
per Station
DIRECT CHARGES
per Station
per Station
Comm/IT Support (Schedule G)
Hazmat Support (Schedule I)
Battalion Chief Support (Schedule D)
ECC Support (Schedule E)
Fleet Support (Schedule F)
INDIAN WELLS ESTIMATED FIRE TAX CREDIT
FIRE ENGINE USE AGREEMENT each engine
TOTAL STAFF COUNT
Assigned Medic FTE
Number of Calls
Assigned Staff
TOTAL ESTIMATED CITY BUDGET
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
FIRE SAFETY SPECIALIST (50% SHARED WITH THE COUNTY)
per Call and
SUPPORT SERVICES ESTIMATE SUBTOTAL
STRUCTURAL FIRE TAXES
total contract transfer
ESTIMATED TOTAL TAX FUNDING
ESTIMATED REDEVELOPMENT PASS THRU
NET ESTIMATED CITY BUDGET
per assigned Staff **
Medic FTE and
per Call and
SUPPORT SERVICES (Fire Cost Allocation Plan)
Accounting
Data Processing
Training
Finance / Accounting
Administrative & Operational Services
Office Supplies/Equip.
Fire Fighting Equip.
Public Affairs / Education
Procurement
FY24/25 ESTIMATE
CITY OF INDIAN WELLS
381,708 36,250
376,698 26,620
315,635 9,914
269,261 13,898
302,696 2,720
237,365 7,655
267,899 26,489
205,064 36.51
233,264 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Buil
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024
FIRE SAFETY SUPERVISOR
- Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 24/25 DIRECT BILL ACCOUNT CODE
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary
HAZMAT CALLS
HAZMAT STATIONEXECUTIVE ASSISTANT II
ADMIN SVCS ANALYST II
ADMIN SVCS ASST
HAZMAT VEHICLE REPLACEMENT
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
*Cost Assumptions:
FY 24/25 POSITION SALARIES TOP STEP
FF II/MEDIC
DEPUTY FIRE MARSHAL
EMERGENCY MEDICAL SERVICE SPEC
FF II ECC CALLS
FLEET SUPPORT
COMM/IT STATION
COMM/IT CALLS
FACILITY STATION
FACILITY FTE
DEPUTY CHIEF FIRE ENGINE
BC SUPPORT
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Hazmat Program - Support staff, operating costs, and vehicle replacement Facility Support - Facility maintenance staff with associated operating costs.
Communications / IT Support - Support staff, communications, radio maintenance, computer Emergency Command Center Support - Dispatch services costs Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.
Defibrillator replacement cycle.
ENG/MEDIC ECC STATION
MEDIC FTE
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
CAPT
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG
Cellular Phone Maint-Building and
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
SUPPORT SERVICES (Fire Cost Allocation Plan) cont.
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ support functions
FIRE SAFETY SPECIALIST
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
FY24/25 ESTIMATE
CITY OF INDIAN WELLS
CAPTAIN ENGINEER FF II
CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II MEDICS TOTALS
STA #55
Engine 298,815 1 263,337 1 455,010 2 518,149 2 1,535,311 6 Medic Unit 1,036,297 4 1,036,297 4
Fixed Relief 227,505 1 259,074 1 486,579 2
Vacation Relief 263,337 1 259,074 1 522,412 2
66–HR Workweek 298,815 1 298,815 1
SUBTOTALS 597,630 526,675 682,515 2,072,595 $3,879,415
2 2 3 8 15
183,114 91,557 0.5
SUBTOTAL $91,557 15.5
26,620 407,812 15.3
9,914 9,914 1
13,898 2,720 119,341 8
7,655 114,818 15
36.51 26,489 74,462
81,675 81,675 1
38.08 27,633 77,675
3,151.42 11,857 13,943
$899,639
88,349
55,000 55,000 1
14.1 5,013,960
* (5,143,828)
($129,868)
* (1,373,866)
(4,336,962)
567,000
($5,143,828)
1 15.0
1,314 0.32
8 ** 15.3
3 1
0 *See notation below for estimate assumptions
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF INDIAN WELLS
DATED APRIL 1, 2024 FOR FY2025/2026
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (50% SHARED WITH THE COUNTY) each SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
INDIAN WELLS ESTIMATED FIRE TAX CREDIT
SUPPORT SERVICES ESTIMATE SUBTOTAL
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Allocation
Assigned Medic FTE Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Procurement
Training Public Affairs / Education
Data Processing Fire Fighting Equip.
Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Accounting Office Supplies/Equip.
FY25/26 ESTIMATE
CITY OF INDIAN WELLS
424,655 55,000
419,073 26,620
350,396 9,914
298,815 13,898
330,385 2,720
263,337 7,655
297,615 26,489
227,505 36.51
259,074 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.
SUPPORT SERVICES (Fire Cost Allocation Plan) cont.
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 25/26 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
CAPT MEDIC FTE
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BC SUPPORT
DEPUTY CHIEF FIRE ENGINE
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
ADMIN SVCS ANALYST II COMM/IT STATION
ADMIN SVCS ASST COMM/IT CALLS
DEPUTY FIRE MARSHAL FACILITY STATION
ENG/MEDIC ECC STATION
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
*Cost Assumptions:
EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE
EXECUTIVE ASSISTANT II HAZMAT STATION
FIRE SAFETY SUPERVISOR HAZMAT CALLS
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 25/26 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Buil
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY25/26 ESTIMATE
CITY OF INDIAN WELLS
CAPTAIN ENGINEER FF II
CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II MEDICS TOTALS
STA #55
Engine 298,815 1 263,337 1 455,010 2 518,149 2 1,535,311 6 Medic Unit 1,036,297 4 1,036,297 4
Fixed Relief 227,505 1 259,074 1 486,579 2
Vacation Relief 263,337 1 259,074 1 522,412 2
66–HR Workweek 298,815 1 298,815 1
SUBTOTALS 597,630 526,675 682,515 2,072,595 $3,879,415
2 2 3 8 15
183,114 91,557 0.5
SUBTOTAL $91,557 15.5
26,620 407,812 15.3
9,914 9,914 1
13,898 2,720 119,341 8
7,655 114,818 15
36.51 26,489 74,462
81,675 81,675 1
38.08 27,633 77,675
3,151.42 11,857 13,943
$899,639
88,349
55,000 55,000 1
14.1 5,013,960
* (5,143,828)
($129,868)
* (1,373,866)
(4,336,962)
567,000
($5,143,828)
1 15.0
1,314 0.32
8 ** 15.3
3 1
0 *See notation below for estimate assumptions
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF INDIAN WELLS
DATED APRIL 1, 2024 FOR FY2026/2027
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (50% SHARED WITH THE COUNTY) each SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
INDIAN WELLS ESTIMATED FIRE TAX CREDIT
SUPPORT SERVICES ESTIMATE SUBTOTAL
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Allocation
Assigned Medic FTE Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Procurement
Training Public Affairs / Education
Data Processing Fire Fighting Equip.
Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Accounting Office Supplies/Equip.
FY26/27 ESTIMATE
CITY OF INDIAN WELLS
424,655 55,000
419,073 26,620
350,396 9,914
298,815 13,898
330,385 2,720
263,337 7,655
297,615 26,489
227,505 36.51
259,074 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.
SUPPORT SERVICES (Fire Cost Allocation Plan) cont.
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 26/27 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
CAPT MEDIC FTE
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BC SUPPORT
DEPUTY CHIEF FIRE ENGINE
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
ADMIN SVCS ANALYST II COMM/IT STATION
ADMIN SVCS ASST COMM/IT CALLS
DEPUTY FIRE MARSHAL FACILITY STATION
ENG/MEDIC ECC STATION
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
*Cost Assumptions:
EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE
EXECUTIVE ASSISTANT II HAZMAT STATION
FIRE SAFETY SUPERVISOR HAZMAT CALLS
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 26/27 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Buil
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY26/27 ESTIMATE
CITY OF INDIAN WELLS
CAPTAIN ENGINEER FF II
CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II MEDICS TOTALS
STA #55
Engine 298,815 1 263,337 1 455,010 2 518,149 2 1,535,311 6 Medic Unit 1,036,297 4 1,036,297 4
Fixed Relief 227,505 1 259,074 1 486,579 2
Vacation Relief 263,337 1 259,074 1 522,412 2
66–HR Workweek 298,815 1 298,815 1
SUBTOTALS 597,630 526,675 682,515 2,072,595 $3,879,415
2 2 3 8 15
183,114 91,557 0.5
SUBTOTAL $91,557 15.5
26,620 407,812 15.3
9,914 9,914 1
13,898 2,720 119,341 8
7,655 114,818 15
36.51 26,489 74,462
81,675 81,675 1
38.08 27,633 77,675
3,151.42 11,857 13,943
$899,639
88,349
55,000 55,000 1
14.1 5,013,960
* (5,143,828)
($129,868)
* (1,373,866)
(4,336,962)
567,000
($5,143,828)
1 15.0
1,314 0.32
8 ** 15.3
3 1
0 *See notation below for estimate assumptions
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF INDIAN WELLS
DATED APRIL 1, 2024 FOR FY2027/2028
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (50% SHARED WITH THE COUNTY) each SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
INDIAN WELLS ESTIMATED FIRE TAX CREDIT
SUPPORT SERVICES ESTIMATE SUBTOTAL
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Allocation
Assigned Medic FTE Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Procurement
Training Public Affairs / Education
Data Processing Fire Fighting Equip.
Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Accounting Office Supplies/Equip.
FY27/28 ESTIMATE
CITY OF INDIAN WELLS
424,655 55,000
419,073 26,620
350,396 9,914
298,815 13,898
330,385 2,720
263,337 7,655
297,615 26,489
227,505 36.51
259,074 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.
SUPPORT SERVICES (Fire Cost Allocation Plan) cont.
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 27/28 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
CAPT MEDIC FTE
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BC SUPPORT
DEPUTY CHIEF FIRE ENGINE
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
ADMIN SVCS ANALYST II COMM/IT STATION
ADMIN SVCS ASST COMM/IT CALLS
DEPUTY FIRE MARSHAL FACILITY STATION
ENG/MEDIC ECC STATION
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
*Cost Assumptions:
EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE
EXECUTIVE ASSISTANT II HAZMAT STATION
FIRE SAFETY SUPERVISOR HAZMAT CALLS
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 27/28 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Buil
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY27/28 ESTIMATE
CITY OF INDIAN WELLS
CAPTAIN ENGINEER FF II
CAPTAIN'S MEDICS ENGINEER'S MEDICS FF II MEDICS TOTALS
STA #55
Engine 298,815 1 263,337 1 455,010 2 518,149 2 1,535,311 6 Medic Unit 1,036,297 4 1,036,297 4
Fixed Relief 227,505 1 259,074 1 486,579 2
Vacation Relief 263,337 1 259,074 1 522,412 2
66–HR Workweek 298,815 1 298,815 1
SUBTOTALS 597,630 526,675 682,515 2,072,595 $3,879,415
2 2 3 8 15
183,114 91,557 0.5
SUBTOTAL $91,557 15.5
26,620 407,812 15.3
9,914 9,914 1
13,898 2,720 119,341 8
7,655 114,818 15
36.51 26,489 74,462
81,675 81,675 1
38.08 27,633 77,675
3,151.42 11,857 13,943
$899,639
88,349
55,000 55,000 1
14.1 5,013,960
* (5,143,828)
($129,868)
* (1,373,866)
(4,336,962)
567,000
($5,143,828)
1 15.0
1,314 0.32
8 ** 15.3
3 1
0 *See notation below for estimate assumptions
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF INDIAN WELLS
DATED APRIL 1, 2024 FOR FY2028/2029
Administrative/Operational (Schedule A) per assigned Staff ** Volunteer Program (Schedule B) Per Entity Allocation
Medic Program (Schedule C) Medic FTE and
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (50% SHARED WITH THE COUNTY) each SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
Fleet Support (Schedule F) per Fire Suppression Equip
Comm/IT Support (Schedule G) per Call and per Station
Hazmat Support (Schedule I) per Call and per Station
per Defib
Battalion Chief Support (Schedule D) per Fire Station Staff ECC Support (Schedule E) per Call and per Station
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
INDIAN WELLS ESTIMATED FIRE TAX CREDIT
SUPPORT SERVICES ESTIMATE SUBTOTAL
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
Fire Stations Assigned Staff
Number of Calls Battalion Chief Allocation
Assigned Medic FTE Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
ESTIMATED TOTAL TAX FUNDING
Finance / Accounting Procurement
Training Public Affairs / Education
Data Processing Fire Fighting Equip.
Monitors/Defibs
Hazmat Stations
Number of Hazmat Calls
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Accounting Office Supplies/Equip.
FY28/29 ESTIMATE
CITY OF INDIAN WELLS
424,655 55,000
419,073 26,620
350,396 9,914
298,815 13,898
330,385 2,720
263,337 7,655
297,615 26,489
227,505 36.51
259,074 81,675
144,534 27,633
110,278 38.08
210,212 1,777
145,731 427.33
114,663 11,857
205,757 3,151.42
183,114 2,087
159,587
96,537
520230 522310
520300 522360
520320 522860
520800 522870
520805 522890
520815 523220
520830 523680
520840 526700
520845 526940
521380 527280
521440 529500
521540 529510
521600 529550
521660 537240
521680 542060
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing as part of their contracted services.
SUPPORT SERVICES (Fire Cost Allocation Plan) cont.
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Facility Support - Facility maintenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 28/29 POSITION SALARIES TOP STEP
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
CAPT MEDIC FTE
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BC SUPPORT
DEPUTY CHIEF FIRE ENGINE
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
ADMIN SVCS ANALYST II COMM/IT STATION
ADMIN SVCS ASST COMM/IT CALLS
DEPUTY FIRE MARSHAL FACILITY STATION
ENG/MEDIC ECC STATION
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SPECIALIST HAZMAT VEHICLE REPLACEMENT
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
*Cost Assumptions:
EMERGENCY MEDICAL SERVICE SPEC FACILITY FTE
EXECUTIVE ASSISTANT II HAZMAT STATION
FIRE SAFETY SUPERVISOR HAZMAT CALLS
Pager Service Maint-Exterminatio
Telephone Service Medical-Dental Sup
Household Expense Other Medical Care
- All Salaries based on PRELIM Salary, Pay Differentials, and Operating Expenses Schedule FY 2024-2025 Dated February 14, 2024 - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2024-25 dated January 2024 Preliminary with PERS adjusted to higher amount - Non-Safety Staff based on FY24/25 estimates and Support Services from previous FY23/24 with 5% increase.
FY 28/29 DIRECT BILL ACCOUNT CODE
Cellular Phone Maint-Building and
Household Furnishings Rent-Lease Bldgs
Trash Locks/Keys
Maint-Copier Machines Awards/Recognitio
Appliances Pharmaceuticals
Cleaning and Custodial Supp Licenses And Perm
Laundry Services Office Equip Non F
Maint-Telephone Interfnd Exp-Utilitie
Maint-Underground Tanks Improvements-Buil
Maint-Kitchen Equipment Electricity
Maint-Office Equipment Heating Fuel
Maint-Service Contracts Water
FY28/29 ESTIMATE
CITY OF INDIAN WELLS
Exhibit “B”
CITY OF INDIAN WELLS
July 1, 2024 – June 30, 2027
1 of 1
EXHIBIT “B”
TO THE COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE
AND MEDICAL AID FOR THE CITY OF INDIAN WELLS
DATED JULY 1, 2024
PAYMENT FOR SERVICES
ADDITIONAL TERMS
Of the sum CITY has appropriated to provide for protection services within the area of responsibility of CITY, COUNTY shall allow a credit to CITY in the estimated amount that represents 100% of the Structural Fire Taxes and Redevelopment Pass Thru Funds in excess of $567,000 collected by COUNTY within the areas of responsibility of CITY.
The amount of this credit shall be determined by the County Auditor -Controller prior to COUNTY’s billing of its claim for services with CITY as provided herein. The claim filed by COUNTY with CITY shall be those expenses in excess of the credit allowed to CITY.
COUNTY shall make a claim to CITY for the cost of contracted services as shown on Exhibit “A” during each of the following periods:
(1) July 1 through September 30, claim in October;
(2) October 1, through December 31, claim in January;
(3) January 1 through March 31, claim in April; and
(4) April 1 through June 20, claim in July/August.
The claims shall be for actual cost of services after any deduction for estimated Structural Fire taxes and/or Redevelopment, with final reconciliation of fire taxes to actual revenue received which may result in an additional credit or expense to CITY in the August final claim. CITY shall pay each claim within 30 days after receipt thereof.
COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY Auditor Controller/Treasurer Tax Collector Office to be collected in each fiscal year of this Agreement. Any remaining credit that has exceeded the cost of the contracted services shall remain the City of Indian Wells funds, to be utilized for future Fire Services and/or related expenses.
FY24/25 Exhibit “C”
CITY OF INDIAN WELLS
July 1, 2024 – June 30, 2029
EXHIBIT “C”
TO THE COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE
AND MEDICAL EMERGENCY SERVICES FOR THE CITY INDIAN WELLS DATED JULY 1, 2024
PAYMENT FOR SERVICES
ADDITIONAL SERVICES
FIRE ENGINE USE AGREEMENT
Station 55
Engine E55, RCO No. 22-8550 (VIN: 4S9AEETBXNS559959)
The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY.
This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.
The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY.
The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement.
When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire
FY24/25 Exhibit “C”
CITY OF INDIAN WELLS
July 1, 2024 – June 30, 2029
engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.
The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725 ,000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly. Replacement cost is subject to change based on current Type I Fire Engine cost. See each respective fiscal year’s Exhibit “A” for current Fire Engine Use Agreement costs.
The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.
Exhibit “D”
CITY OF INDIAN WELLS
July 1, 2024 – June 30, 2029
EXHIBIT “D”
TO THE COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE
AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF INDIAN WELLS DATED JULY 1, 2024
PAYMENT FOR ADDITIONAL SERVICES
OFFICE OF THE FIRE MARSHAL AGREEMENT
The Fire Marshal Agreement is utilized i n the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include:
For conformance with applicable laws, codes and regulations concerning fire protection and life safety -
• Review Planning and Development Cases for the CITY
• Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235
• Review, Permitting and Inspection of Special Events
• Investigation of fire safety complaints
• Meeting with development applicants and customers
Administrative activities -
• Creation and maintenance of f orms for review and inspection of c onstruction development and fire/life safety inspections.
• Provide i nformation to customers on CITY Ordinances and Standards for construction
• Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY
• Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety
In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase.
COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section.
It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to:
• Vehicle and regular maintenance
• Training
Exhibit “D”
CITY OF INDIAN WELLS
July 1, 2024 – June 30, 2029
• Office space , furniture, Code & Standard reference books, and general & field supplies
• All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs
All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement.
The CITY may opt out of this Agreement and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year.
It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.
F:\data\RRU County Finance\Contract Cities\EXHIBIT D ~ Fire Marshal Services\FY 2024-2025\Exhibit D - Indian Wells 20240701.docx
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: Human Resources
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Annual Update to Employee’s Salary Range Schedule and FY 2024-25 Approved Employee Positions
RECOMMENDED ACTIONS:
Council APPROVES the annual update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and
APPROVES the Fiscal Year 2024-25 Approved Positions List with Annual Salaries and Ranges; and
DIRECTS staff to post the employee salary range schedule on the City’s website; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
BACKGROUND:
Effective August 1, 2013, the Public Employees’ Pension Reform Act (“PEPRA”) changed the law to make compensation more transparent, specifically as it relates to eligible income for the calculation of retiree benefits. Under PEPRA, the calculation of employees’ retirement benefits must be for a salary within a publicly approved salary range schedule which is published on the City’s website.
Pursuant to the City’s Personnel Rules and Regulations (as amended by City Council February 15, 2018), Section IV Salary Administration, Subsection 2, the City’s salary ranges adjust automatically on an annual basis, based on changes to the Riverside/San Bernardino/Ontario Consumer Price Index (“CPI-W”) ending the prior calendar year in an
amount not to exceed 2.5%. For the calendar year ending 2023, CPI increased 3.1%.
The salary range schedule will adjust by 2.5%.
The updated the salary range schedule ( Attachment 1), updated Exhibit A to the FY 2019-21 MOU a
nd Resolution 2022-03 for approved positions and salary ranges (Attachment 2), and the U.S. Department of Labor CPI table (Attachment 3) are included with this report.
FISCAL IMPACT:
Employee salaries and salary ranges will be adjusted by 2.5%, effective July 1, 2024, to coincide with the employment agreements for City employees. This increase is not applicable to the City Manager’s salary, as he has a separate employment agreement with the City.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)
ATTACHMENTS:
1. FY 2024-25 Salary Range Schedule
2. FY 2024-25 Approved Positions and Annual Salary Ranges
3. U.S. Department of Labor CPI Report
City of Indian Wells
Salary Schedule
FY 2024-25
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum Monthly Biweekly HourlySalary Range Annual
23 59,372 74,214 4,948 6,185 2,283.52 2,854.40 28.544 35.680 24 60,856 76,070 5,071 6,339 2,340.61 2,925.76 29.258 36.572 25 62,377 77,972 5,198 6,498 2,399.12 2,998.90 29.989 37.486 26 63,937 79,921 5,328 6,660 2,459.10 3,073.88 30.739 38.423 27 65,535 81,919 5,461 6,827 2,520.58 3,150.72 31.507 39.384 28 67,173 83,967 5,598 6,997 2,583.59 3,229.49 32.295 40.369 29 68,853 86,066 5,738 7,172 2,648.18 3,310.23 33.102 41.378 30 70,574 88,218 5,881 7,351 2,714.39 3,392.98 33.930 42.412 31 72,338 90,423 6,028 7,535 2,782.25 3,477.81 34.778 43.473 32 74,147 92,684 6,179 7,724 2,851.80 3,564.75 35.648 44.559 33 76,001 95,001 6,333 7,917 2,923.10 3,653.87 36.539 45.673 34 77,901 97,376 6,492 8,115 2,996.18 3,745.22 37.452 46.815 35 79,848 99,810 6,654 8,318 3,071.08 3,838.85 38.389 47.986 36 81,844 102,305 6,820 8,525 3,147.86 3,934.82 39.348 49.185 37 83,890 104,863 6,991 8,739 3,226.55 4,033.19 40.332 50.415 38 85,988 107,485 7,166 8,957 3,307.22 4,134.02 41.340 51.675 39 88,137 110,172 7,345 9,181 3,389.90 4,237.37 42.374 52.967 40 90,341 112,926 7,528 9,410 3,474.65 4,343.31 43.433 54.291 41 92,599 115,749 7,717 9,646 3,561.51 4,451.89 44.519 55.649 42 94,914 118,643 7,910 9,887 3,650.55 4,563.19 45.632 57.040 43 97,287 121,609 8,107 10,134 3,741.81 4,677.27 46.773 58.466 44 99,719 124,649 8,310 10,387 3,835.36 4,794.20 47.942 59.927 45 102,212 127,765 8,518 10,647 3,931.24 4,914.05 49.141 61.426 46 104,768 130,960 8,731 10,913 4,029.52 5,036.91 50.369 62.961 47 107,387 134,234 8,949 11,186 4,130.26 5,162.83 51.628 64.535 48 110,071 137,589 9,173 11,466 4,233.52 5,291.90 52.919 66.149 49 112,823 141,029 9,402 11,752 4,339.36 5,424.20 54.242 67.802 50 115,644 144,555 9,637 12,046 4,447.84 5,559.80 55.598 69.498 51 118,535 148,169 9,878 12,347 4,559.04 5,698.80 56.988 71.235 52 121,498 151,873 10,125 12,656 4,673.01 5,841.27 58.413 73.016 53 124,536 155,670 10,378 12,972 4,789.84 5,987.30 59.873 74.841 54 127,649 159,561 10,637 13,297 4,909.58 6,136.98 61.370 76.712 55 130,840 163,551 10,903 13,629 5,032.32 6,290.40 62.904 78.630 56 134,111 167,639 11,176 13,970 5,158.13 6,447.66 64.477 80.596 57 137,464 171,830 11,455 14,319 5,287.08 6,608.86 66.089 82.611 58 140,901 176,126 11,742 14,677 5,419.26 6,774.08 67.741 84.676 59 144,423 180,529 12,035 15,044 5,554.74 6,943.43 69.434 86.793 60 148,034
185,042 12,336 15,420 5,693.61 7,117.02 71.170 88.963 Page 76 of 689
BEGIN TOP
POSITION RANGE RANGE RANGE
1 City Manager 82 254,851$ 318,564$
2 Assistant City Manager 73 204,066$ 255,083$
3 Finance Director 71 194,233$ 242,792$
4 Public Works Director 71 194,233$ 242,792$
5 Community Development Director 67 175,966$ 219,957$ 6 City Clerk 65 167,487$ 209,358$
7 Assistant Finance Director 62 155,528$ 194,410$ 8 Building Official & Code Enforcment Mgr. 58 140,901$ 176,126$ 9 Information Technology Manager 58 140,901$ 176,126$ 9a Information Technology Manager* N/A 147,213$ 178,943$ 10 Housing Manager 52 121,498$ 151,873$
11 Public Works Manager 47 107,387$ 134,234$
12 Senior Management Analyst 47 107,387$ 134,234$ 13 Senior Management Analyst 47 107,387$ 134,234$ 14 Public Works Field Supervisor 43 97,287$ 121,609$ 15 Accountant 42 94,914$ 118,643$
16 Planner 42 94,914$ 118,643$
17 Management Analyst 41 92,599$ 115,749$
18 Senior Executive Assistant 38 85,988$ 107,485$ 19 Public Works Inspector I 36 81,844$ 102,305$ 20 Management Assistant 35 79,848$ 99,810$
21 Permit Technician II 33 76,001$ 95,001$
21a Permit Technician II* N/A 81,391$ 98,933$
22 Building Inspector I/Code Enforcment Officer 30 70,574$ 88,218$ 23 Accounting Technician II 29 68,853$ 86,066$ 24 Permit Technician I 29 68,853$ 86,066$
25 Planning Technician I 29 68,853$ 86,066$
26 Accounting Technician I 27 65,535$ 81,919$
27 Accounting Technician I 27 65,535$ 81,919$
28 Administrative Assistant 27 65,535$ 81,919$ 29 Administrative Assistant 27 65,535$ 81,919$ 30 Maintenance Worker II 22 57,923$ 72,404$
31 Maintenance Worker I 18 52,476$ 65,595$
32 Maintenance Worker I 18 52,476$ 65,595$
33 Maintenance Worker I 18 52,476$ 65,595$
34 Receptionist 18 52,476$ 65,595$
3,594,023$ 4,484,649$
City of Indian Wells
Approved Positions List w/ Annual Salaries and Ranges
Salaries for Fiscal Year 2024/25
*Hired on or before 02/17/2022
ATTACHMENT #2
Bureau of Labor Statistics
Series Title:
Series ID:
Seasonality:
Survey Name:
Measure Data Type:
Area:
Item:
All items
Year Period Label Observation
Value
12 Month %
Change
2023 MO1 2023 Jan 127.936 7.0
2023 MO3 2023 Mar 128.027 4.2
2023 MO5 2023 May 129.226 3.5
2023 MO7 2023 Jul 130.173 3.2
2023 MO9 2023 Sep 131.946 4.9
2023 MO11 2023 Nov 131.963 4.4
2024 MO1 2024 Jan 131.840 3.1
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) Riverside-San Bernardino-Ontario, CA
All items
All items in Riverside-San Bernardino-Ontario, CA, urban wage earners and clerical workers, not seasonally adjusted CPI for Urban Wage Earners and Clerical Workers (CPI-W) CWURS49CSA0
Not Seasonally Adjusted
Source: Bureau of Labor Statistics Generated on: April 15, 2024 (11:52:30 AM) ATTACHMENT #3
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: City Manager Department
Prepared by: Christopher Freeland , City Manager Department Subject: Resolution Revising the Purpose and Function of the Indian Wells Golf Resort Advisory Committee
RECOMMENDED ACTIONS:
Council REVIEWS and ADOPTS the Resolution approving revisions to the purpose and function of the Indian Wells Golf Resort Advisory Committee; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
DISCUSSION:
The Council at the February 16, 2023, meeting authorized the creation of a Council Ad Hoc composed of Council Member Griffith and Mayor Pro Tem Whitman to conduct a comprehensive review of City Committees. The Council Ad Hoc was asked to examine the structure, efficiency, and make recommendations to revamp duties and processes of all City Committees.
During discussions between the Ad hoc Committee and members of the Indian Wells Golf Resort Advisory Committee (Committee), it was suggested to provide a clearer purpose and function of the Committee. Currently, the Committee’s function is as follows:
Functions of the Golf Resort Advisory Committee. (Current Function)
The Committee’s primary responsibilities are to make recommendations to the City Council regarding the Indian Wells Golf Resort and its service levels, maintenance, and quality of its guest’s experiences.
The Ad hoc Committee is recommending that the current Committee function be replaced with expanded language to better represent and highlight the actual work being done by the Committee.
Purpose and Functions of the Golf Resort Advisory Committee. (Proposed Function)
The Indian Wells Golf Resort is an award-winning, premier golfing destination, and a major point of community pride. The Golf Resort Advisory Committee is focused on preserving the prestigious reputation of the Indian Wells Golf Resort, by serving as liaisons between the golfing communit y and the City of Indian Wells. The Golf Advisory Committee provides suggestions on the operations and maintenance of the Indian Wells Golf Resort to the City Council. The scope of such involvement includes the following:
1. Participate and give recommendations on long-range planning, improvements to both golf courses and the driving range, course utilization, and other ancillary activities, which support the Indian Wells Golf Resort operations to provide a high-quality experience for all golfers.
2. Serve as representatives of resident golfers on preserving access for resident play and ease in the resident booking experience.
3. Receive reports from management on golf, merchandising, marketing and Food and Beverage operations. The scope of the reporting will not include any financial reporting, as the financial performance of the Golf Resort is not within the advisory scope of the Committee.
4. Act as ambassadors of the Indian Wells Golf Resort by providing suggestions to the management company that enhances visitor and resident experiences in all operations of the golf resort.
5. Promote the sport of golf to all ages.
In addition, the Ad hoc Committee is recommending a change in the membership of the Committee. Currently, the Committee consists of the following members with voting authority for purposes of the Committee’s work: the General Managers from each of the City’s Resort Hotels, the General Manager of the Indian Wells Golf Resort, the Indian Wells Golf Resort’s Director of Golf, the Indian Wells Golf Resort’s Director of Agronomy, and five (5) resident members. The Ad hoc Committee is recommending that the membership allow the General Managers, or their designee, from each of the City’s Resort Hotels serve on the Committee. The addition of “or their designee” will assist in meeting quorum needs and allow representation from hotel partners when the General Manager is not available to attend.
The Ad hoc Committee on Committees recommends the City Council review the proposed changes and adopt the attached Resolution implementing those changes.
FISCAL IMPACT:
There is no fiscal impact.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)
ATTACHMENTS:
1. Resolution
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, REVISING THE PURPOSE AND FUNCTIONS OF THE GOLF
RESORT ADVISORY COMMITTEE
WHEREAS, the City Council of the City of Indian Wells re-established the Golf Resort Advisory Committee on December 19, 2013 by adopting Resolution No. 2013-58; and WHEREAS, the Committee responsibilities include the service levels, maintenance , and quality of the guest’s experiences at the Indian Wells Golf Resort; and WHEREAS, the City Council now desires and intends to revise the policies governing the Golf Resort Advisory Committee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Golf Resort Advisory Committee. The Golf Resort Advisory Committee (the “Committee”) was established to advise and make recommendations to the City Council on issues pertaining to the Indian Wells Golf Resort. The Committee shall consist of the following members with voting authority for purposes of the Committee’s work: the General Managers, or their designee from each of the City’s Resort Hotels, the General Manager of the Indian Wells Golf Resort, the Indian Wells Golf Resort’s Director of Golf, the Indian Wells Golf Resort’s Director of Agronomy, and five (5) resident members. The resident members of the Committee shall maintain residency in Indian Wells throughout their term. The Committee will also include two City Council members who serve in an ex-officio capacity. The Committee can be terminated at any time by the affirmative vote of three (3) members of the City Council. The City Manager and/or his designee shall serve as the staff liaison for the Committee.
SECTION 2. Purpose and Functions of the Golf Resort Advisory Committee.
The Indian Wells Golf Resort is an award-winning, premier golfing destination, and a major point of community pride. The Golf Resort Advisory Committee is focused on preserving the prestigious reputation of the Indian Wells Golf Resort, by serving as liaisons between the golfing community and the City of Indian Wells. The Golf Advisory Committee provides suggestions on the operations and maintenance of the Indian Wells Golf Resort to the City Council. The scope of such involvement includes the following:
1. Participate and give recommendations on long-range planning, improvements to both golf courses and the driving range, course utilization, and other ancillary activities, which support the Indian Wells Golf Resort operations to provide a high -quality experience for all golfers.
2. Serve as representatives of resident golfers on preserving access for resident play and ease in the resident booking experience.
3. Receive reports from management on golf, merchandising, marketing and Food and Beverage operations. The scope of the reporting will not include any financial ATTACHMENT #1
City of Indian Wells
Resolution No. 2024-
reporting, as the financial performance of the Golf Resort is not within the advisory scope of the Committee.
4. Act as ambassadors of the Indian Wells Golf Resort by providing suggestions to the management company that enhances visitor and resident experiences in all operations of the golf resort.
5. Promote the sport of golf to all ages.
SECTION 3. Regular Meetings – Day and Time. The Committee shall hold at least one (1) meeting each month. Regular meetings shall be held on the fourth Tuesday of each month at 2:00 p.m. The day and time of the regular meeting may be amended by a majority vote of the City Council. The Committee may elect to cancel meetings upon good and valid reason .
Additional meetings and/or study sessions may be called as required.
SECTION 4. Brown Act. This Committee is subject to all the requirements of the Ralph M. Brown Act.
SECTION 5. Effective Date. 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 this 20th day of June 2024.
___________________________________
GREG SANDERS
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2024-__
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 20 day of June 2024, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________________ ____________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Calling for the General Municipal Election on November 5, 2024
RECOMMENDED ACTIONS:
Council ADOPTS Resolution calling and giving notice of the holding of a regular municipal election to be held concurrently with the statewide general election on Tuesday, November 5, 2024 for the election of certain officers as required by the laws of the State of California, adopting regulations pertaining to materials submitted to the electorate and costs thereof; requesting the Board of Supervisors of the County Riverside to consolidate said regular municipal election with the statewide general election to be held on the same date; and requesting said Board of Supervisors to permit the County Registrar of Voters to render certain services related to the consolidated municipal election; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
DISCUSSION:
As the first step in the election process, the City Council must adopt legislation calling for the regular municipal election on Tuesday, November 5, 2024, to be held concurrently with the statewide general election. Additionally, the Council must formally request the Riverside County Board of Supervisors to allow the Registrar of Voters to conduct the election.
Scheduled on this regular municipal election ballot are three (3) City Council Member seats currently held by Greg Sanders, Donna Griffith and Ty Peabody. The nomination period for City Council candidates begins on July 15, 2024, and ends on August 9, 2024. If an incumbent does not file papers the deadline will be extended to August 14, 2024. Any interested parties running for a City Council seat are encouraged to contact the City Clerk. The last day to register to vote in the November election is October 19, 2014. An election schedule listing the important dates in the election process is attached (ATTACHMENT #2).
FISCAL IMPACT:
Funding for the General Municipal Election is included annually as part of the Riverside County Election Services Program Budget approved by the City Council
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)
ATTACHMENTS:
1. Resolution
2. Election Calendar
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
REGULAR MUNICIPAL ELECTION TO BE HELD CONCURRENTLY WITH THE STATEWIDE GENERAL ELECTION ON TUESDAY, NOVEMBER 5, 2024,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE LAWS
OF THE STATE OF CALIFORNIA, ADOPTING REGULATIONS PERTAINING
TO CANDIDATES STATEMENTS AND OTHER MATERIALS SUBMITTED TO THE ELECTORATE AND COSTS THEREOF; REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE SAID
REGULAR MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE SAME DATE; AND REQUESTING SAID
BOARD OF SUPERVISORS TO PERMIT THE COUNTY REGISTRAR OF
VOTERS TO RENDER CERTAIN SERVICES RELATED TO THE
CONSOLIDATED MUNICIPAL ELECTION
WHEREAS, under the provisions of the laws of the State of California, a regular municipal election shall be held on November 5, 2024, for the election of municipal officers; and WHEREAS, pursuant to the requirements of the laws of the State of California, the City Council of the City of Indian Wells desires and intends to call and order to be held in the City of Indian Wells, California, on Tuesday, November 5, 2024, a Regular Municipal Election to elect three Municipal Officers; and
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the laws of the State of California, there is hereby called and ordered to be held in the City of Indian Wells, California, on Tuesday, November 5, 2024, a Regular Municipal Election of the qualified electors of said City for the purpose of electing three (3) members of the City Council of the City for the term of four (4) years.
SECTION 2. The City Council consents to the consolidation of the Regular Election hereby called with the Statewide General election and all other elections being held in the same territory on November 5, 2024.
SECTION 3. The ballots to be used at the election shall be in the form and content as required by law.
SECTION 4. In accordance with Section s 10002, 10403, and 10418 of the Elections Code, the Board of Supervisors of Riverside County is hereby requested to consolidate the regular municipal election with the Statewide General election to be held in the same territory and on the same day, and to consent to having the Registrar of Voters render such election services to the ATTACHMENT #1
City of Indian Wells
Resolution No. 2024-___
City of Indian Wells as may be requested by the City Clerk of said City, the County of Riverside to be reimbursed in full for such services as are performed.
SECTION 5. The election services which the City of Indian Wells requests the Registrar of Voters, or such other official as may be appropriate, perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation and furnishing of vote-by-mail ballots, printing and mailing of sample ballots , voter information guides and making such publications as are required by law in connection therewith; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Indian Wells; and the performance of such other election services as may be requested by the City Clerk.
SECTION 6. The City Council authorizes the Registrar of Voters to use vote-by-mail ballots, voting centers, and polling places to ensure that all registered voters in the City of Indian Wells have access to voting opportunities.
SECTION 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
SECTION 8. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
SECTION 9. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.
SECTION 10. The Riverside County Registrar of Voters is hereby authorized to canvass the returns of said Regular Municipal Election.
SECTION 11. The City Clerk of the City of Indian Wells shall receive the canvass as it pertains to the Regular Municipal Election, and shall certify the results to the City Council, as required by law.
SECTION 12. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Regular Municipal Election to be held in the City of Indian Wells on November 5, 20 24, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such a statement may include the name, age, and occupation of the candidate and a brief description of no more than four hundred (400) words of the candidate's education and qualifications expressed by the candidate himself/herself. Such a statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such a statement shall be filed in the Office of the City Clerk at the same time as the candidate's nomination papers are filed. Such a statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Statements shall be translated and printed into those languages as required by applicable federal and state law.
SECTION 13. No candidate shall be permitted to include additional materials in the voter information guide.
City of Indian Wells
Resolution No. 2024-___
SECTION 14. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate’s statements filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter information guide. The City Clerk shall bill each candidate for any cost more than the deposit and shall refund any unused portion of any deposit.
SECTION 15. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time that nominating petitions are issued.
SECTION 16. The City Clerk of the City of Indian Wells is hereby DIRECTED to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the County Registrar of Voters of the County of Riverside.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 20 day of June 2024.
_________________________________
GREG SANDERS
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2024-
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 special meeting of the City Council of the City of Indian Wells on the 20 day of June 2024, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________________ ____________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: City’s Appropriations Limitation for Fiscal Year 2024-25
RECOMMENDED ACTIONS:
Council ADOPTS Resolution establishing the City’s Appropriations Limitation for fiscal year 2024-25; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
DISCUSSION:
In November 1979, voters approved Proposition 4, which amended the California Constitution by adding Article XIIIB. This amendment established what is commonly known as the "Gann Limit," named after Paul Gann, one of its authors. Article XIIIB imposed limits on the amount of revenue that state and local governments could spend each year. The spending cap was based on the previous year's expenditures, adjusted for inflation and population growth.
The primary purpose of these limits is to control government spending and ensure that tax revenues are used efficiently and responsibly, preventing excessive taxation and promoting fiscal discipline. This reassures us that our financial decisions are guided by these limits, preventing any potential for excessive taxation and promoting fiscal discipline.
The appropriation limit, defined as the maximum amount of tax revenue the City is legally allowed to collect, is crucial for maintaining transparency and accountability in government finances. Each fiscal year, the City Council, as the key decision-maker, sets this limit to align with the legal requirements and the community’s financial needs. Your role in this process is invaluable and ensures that the City's financial decisions are in line with the community's needs.
For the upcoming fiscal year, the City’s appropriation limit is set at $121,193,470. With estimated tax proceeds of $22,105,256, the City will utilize only 18.2396% of its limit for the Fiscal Year 2024/25 budget. This calculation is important because it demonstrates the City’s compliance with legal constraints and its commitment to fiscal prudence. Additionally,
the City's auditing firm reviews these calculations during the annual audit, ensuring accuracy and reinforcing public trust in the City’s financial management.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that this resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
ATTACHMENTS:
1. Resolution
2. Price Factor and Population Information
RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2024 WHEREAS, on November 6, 1979, the voters in California added Article XIII B to the State Constitution, placing various limitations on the appropriations of the state and local governments and
WHEREAS, Article XIII B provides that the appropriations limit for the new Fiscal Year is calculated by adjusting the base Fiscal Year 1978-79 appropriations by the lower of (1) U.S. CPI or California Per Capita Income, or (2) City Population Growth; and WHEREAS, in June of 1990, the voters in California modified Article XIII B to the State Constitution by approving Proposition III and SB 88 which allows cities to choose between the following adjustment factors when adjusting the base year appropriations: (1) either the growth in the California per capita income and City (or County) population growth, or (2) the growth in the non -residential assessed valuation due to new construction within the City and City (or County) population growth; and
WHEREAS, the City chooses to use the growth in California per capita income and City population growth as the factor for calculating the appropriations limit; and WHEREAS, the City of Indian Wells has complied with the provisions of Article XIII B in determining the appropriations limit for Fiscal Year 1990 -91, Fiscal Year 1991 -92, Fiscal Year 1992-93, Fiscal Year 1993 -94, Fiscal Year 1994 -95, Fiscal Year 1995 -96, Fiscal Year 1996 -97, Fiscal Year 1997-98, Fiscal Year 1998 -99, Fiscal Year 1999-00, Fiscal Year 2000 -01, Fiscal Year 2001-02, Fiscal Year 2002 -03, Fiscal Year 2003 -04, Fiscal Year 2004 -05, Fiscal Year 2005 -06, Fiscal Year 2006-07, Fiscal Year 2007-08, Fiscal Year 2008-09; Fiscal Year 2009-10; Fiscal Year 2010-11; Fiscal Year 20 11-12; Fiscal Year 20 12-13; Fiscal Year 20 13-14; Fiscal Year 20 14-15; Fiscal Year 2015-16; Fiscal Year 2016-17; Fiscal Year 2017-18; Fiscal Year 2018-19; Fiscal Year 2019-20; Fiscal Year 2020-21; Fiscal Year 2021-22; Fiscal Year 2022-23, Fiscal Year 2023-24, and Fiscal Year 2024-25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY RESOLVE AS FOLLOWS:
That the appropriations limitation in Fiscal Year 2024-25 is hereby adopted at $121,193,470 for the City of Indian Wells on a provisional basis using the alternative factor of California Per Capita Income for the inflationary adjustment.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 20th day of June 2024. ___________________________________
GREG SANDERS
MAYOR
ATTACHMENT #1
City of Indian Wells
Resolution No. 2024-__
CERTIFICATION FOR RESOLUTION NO. 2024-___
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 20 day of June 2024, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________________ ____________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: Finance Department
Prepared by: Amy Dallosta, Accountant
Subject: City Treasurer’s Report for March 2024
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Treasurer’s Report for March 2024; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
DISCUSSION:
This report comprehensively analyzes the City of Indian Wells' cash and investment position as of March 31, 2024. 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 March 31, 2024:
Total cash and investments: $77,597,596.81
Portfolio rate of return: 3.320%
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 $ 73,315.85 in earnings for March 2024. 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)
ATTACHMENTS:
1. City Treasurer’s Report for March 2024
CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY MARCH 2024
PAGE 2
RESTRICTED FUNDS (Cont.) March March
2024 2023
REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE 2,113,012.80 1,992,511.80 327 - BRIDGES CAPITAL RESERVE 1,916,148.00 1,791,718.00 328 - MEDIANS & PARKWAYS CAPITAL RESERVE 1,557,830.07 1,426,251.07 329 - STORM DRAINS CAPITAL RESERVE 865,812.00 720,432.00 330 - TRAFFIC SIGNALS CAPITAL RESERVE 739,387.00 591,375.00 331 - TECHNOLOGY CAPITAL RESERVE 689,055.00 540,147.00
332 - CITY STREETS CAPITAL RESERVE 17,010,165.00 19,654,062.00 333 - CITY VEHICLES CAPITAL RESERVE 280,826.00 123,879.00 350 - DISASTER RECOVERY RESERVE 433,619.00 292,129.00
TOTAL REPLACEMENT FUNDS 25,605,854.87 27,132,504.87
SUCCESSOR AGENCY FUNDS
453 - DEBT SERVICE 5,352,411.68 5,162,003.00
456 - RDA OBLIGATION RETIREMENT (661,303.00) 0.00
TOTAL SUCCESSOR AGENCY FUNDS 4,691,108.68 5,162,003.00
FINANCING AUTHORITY FUNDS
460 - INDIAN WELLS FINANCING AUTHORITY 0.93 277.98
TOTAL FINANCING AUTHORITY FUNDS 0.93 277.98
ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT 1,202,632.77 1,264,806.49 TOTAL ENTERPRISE FUNDS 1,202,632.77 1,264,806.49
INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND 1,571,089.11 1,765,760.75
TOTAL INTERNAL SERVICE FUNDS 1,571,089.11 1,765,760.75
RESERVE FUNDS
602 - COMPENSATED ABSENCES 613,149.00 581,403.00
TOTAL RESERVE FUNDS 613,149.00 581,403.00
TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS 796,085.58 830,744.74
TOTAL TRUST & AGENCY FUNDS 796,085.58 830,744.74
TOTAL ALL FUNDS 71,427,667.59 84,123,783.49
FISCAL AGENTS
253 - INDIAN WELLS VILLAS 83,048.38 187,867.52
254 - MOUNTAIN VIEW VILLAS 413,127.66 435,768.29
453 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE 582.62 1,188,886.55 460 - US BANK - INDIAN WELLS FINANCE AUTHORITY 7,414,887.88 11,228,274.31 560 - INDIAN WELLS GOLF RESORT 5,269,965.51 2,662,883.87 601 - PARS SECTION 115 TRUST - PENSION 974,616.18 864,656.65 601 - PARS SECTION 115 TRUST - OPEB 657,499.04 209,863.03 TOTAL FISCAL AGENTS 14,813,727.27 16,778,200.22
TOTAL ALL FUNDS & FISCAL AGENTS 86,241,394.86$ 100,901,983.71$ UNRESTRICTED FUNDS 14,181,224.60 13,294,339.23
RESTRICTED FUNDS 72,060,170.26 87,607,366.50
86,241,394.86$ 100,901,705.73$
T:\Common\bank\Treasurer's Report\Cash10 Mar 24 12:11 PM6/12/2024
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: Finance Department
Prepared by: Amy Dallosta, Accountant
Subject: City Treasurer’s Report for April 2024
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Treasurer’s Report for April 2024; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
DISCUSSION:
This report comprehensively analyzes the City of Indian Wells' cash and investment position as of April 30, 2024. 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 April 30, 2024:
Total cash and investments: $82,375,958.70
Portfolio rate of return: 3.503%
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 $ 418,521.54 in earnings for April 2024. 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resu lting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)
ATTACHMENTS:
1. City Treasurer’s Report
CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY APRIL 2024
PAGE 2
RESTRICTED FUNDS (Cont.) April April
2024 2023
REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE 2,113,012.80 1,992,511.80 327 - BRIDGES CAPITAL RESERVE 1,916,148.00 1,791,718.00 328 - MEDIANS & PARKWAYS CAPITAL RESERVE 1,557,830.07 1,426,251.07 329 - STORM DRAINS CAPITAL RESERVE 865,812.00 720,432.00 330 - TRAFFIC SIGNALS CAPITAL RESERVE 739,387.00 591,375.00 331 - TECHNOLOGY CAPITAL RESERVE 689,055.00 540,147.00
332 - CITY STREETS CAPITAL RESERVE 17,010,165.00 19,654,062.00 333 - CITY VEHICLES CAPITAL RESERVE 280,826.00 123,879.00 350 - DISASTER RECOVERY RESERVE 433,619.00 292,129.00
TOTAL REPLACEMENT FUNDS 25,605,854.87 27,132,504.87
SUCCESSOR AGENCY FUNDS
453 - DEBT SERVICE 5,352,411.68 5,162,003.00
456 - RDA OBLIGATION RETIREMENT (661,303.00) 0.00
TOTAL SUCCESSOR AGENCY FUNDS 4,691,108.68 5,162,003.00
FINANCING AUTHORITY FUNDS
460 - INDIAN WELLS FINANCING AUTHORITY 0.93 277.98
TOTAL FINANCING AUTHORITY FUNDS 0.93 277.98
ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT 1,194,897.72 2,910,603.19 TOTAL ENTERPRISE FUNDS 1,194,897.72 2,910,603.19
INTERNAL SERVICE FUNDS
601 - OPEB BENEFIT FUND 1,533,756.36 1,719,298.15
TOTAL INTERNAL SERVICE FUNDS 1,533,756.36 1,719,298.15
RESERVE FUNDS
602 - COMPENSATED ABSENCES 613,149.00 581,403.00
TOTAL RESERVE FUNDS 613,149.00 581,403.00
TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS 817,710.61 851,678.00
TOTAL TRUST & AGENCY FUNDS 817,710.61 851,678.00
TOTAL ALL FUNDS 77,009,908.73 85,873,804.75
FISCAL AGENTS
253 - INDIAN WELLS VILLAS 83,048.38 187,867.52
254 - MOUNTAIN VIEW VILLAS 413,127.66 435,768.29
453 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE 585.15 1,188,886.55 460 - US BANK - INDIAN WELLS FINANCE AUTHORITY 6,727,560.28 11,228,274.31 560 - INDIAN WELLS GOLF RESORT 3,269,965.51 962,883.87
601 - PARS SECTION 115 TRUST - PENSION 941,533.69 864,656.65 601 - PARS SECTION 115 TRUST - OPEB 516,376.32 209,863.03 TOTAL FISCAL AGENTS 11,952,196.99 15,078,200.22
TOTAL ALL FUNDS & FISCAL AGENTS 88,962,105.72$ 100,952,004.97$ UNRESTRICTED FUNDS 20,315,422.57 16,530,184.82
RESTRICTED FUNDS 68,646,683.15 84,421,820.15
88,962,105.72$ 100,952,004.97$
T:\Common\bank\Treasurer's Report\Cash10 Apr 24 12:19 PM6/12/2024
INDIAN WELLS CITY COUNCIL
June 20, 2024
To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Annual Update to Local California Environmental Quality Act (CEQA) Guidelines
RECOMMENDED ACTIONS:
Council ADOPTS Resolution updating local guidelines for implementing the California Environmental Quality Act; and
FINDS the action is not a project under State CEQA Guidelines section 15378(b)(5).
BACKGROUND:
The California Environmental Quality Act (“CEQA”), codified at Public Resources Code section 21000, et seq., is California’s most comprehensive environmental law. It generally requires public agencies to evaluate the environmental effects of their actions before they are taken. CEQA also aims to prevent significant environmental effects from occurring as a result of agency actions by requiring agencies to avoid or reduce, when feasible, the significant environmental impacts of their decisions.
To this end, State CEQA Guidelines require local agencies to adopt “objectives, criteria and procedures” to implement the requirements of CEQA and the State CEQA Guidelines. (State CEQA Guidelines [14 Cal. Code Regs.] section 15022.) The 2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Indian Wells reflect recent changes to CEQA.
DISCUSSION:
The City of Indian Wells has prepared a proposed updated set of Local CEQA Guidelines for 2024 which reflect recent changes to CEQA. These Local CEQA Guidelines also provide instructions and forms for preparing all environmental documents required under CEQA.
CEQA is California’s comprehensive environmental law, contained in Public Resources Code sections 21000 et seq. CEQA seeks to protect the environment by requiring
government agencies within the state to analyze and publicly disclose impacts of proposed projects, and adopt feasible mitigating measures to reduce those impacts.
Annually, the City A ttorney’s Office prepares a memorandum outlining needed changes to the Local CEQA Guidelines (Attachment #1) and a Resolution adopting the updates (Attachment #2).
The City of Indian Wells Local CEQA Guidelines were revised and amended to reflect recent changes to the State CEQA Guidelines, the Public Resources Code and relevant court opinions. A summary of the updates follows (refer to Attachment #1 for a comprehensive review):
A
new amendment has created a requisite specifically regarding “Notices o f Determination & Notices of Exemption”. Public Resources Code section 21152 has been amended to require a local agency to file a Notice of Determination (“NOD”) with both the County Clerk and the State Clearinghouse in the Office of Planning and Research (“OPR”) within five (5) working days of the agency approving a project subject to CEQA. The Legislature further amended Section 21152 to provide that when a local agency files a Notice of Exemption (“NOE”), the agency should file the NOE with both the County Clerk and the State Clearinghouse.
An exemption has been prescribed for a responsible agency’s provision of financial assistance for the development of affordable housing. Therefore, Public Resources
Code section 21080.10(b) has been amended to exempt action taken by a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate-income if the project at issue will be reviewed pursuant to CEQA by another public agency.
A
legislative exemption has been included for specified affordable housing projects.
The Legislature has added Section 21080.40 to the Public Resources Code, which includes a new statutory exemption under CEQA for affordable housing projects that meet the section’s specified requirements. The section exempts from CEQA certain actions taken by lead agencies relating to 100 percent affordable housing projects (as defined), including (i) the issuance of an entitlement by a public agency for an affordable housing project, (ii) an action to lease, convey, or encumber land owned by a public agency for an affordable housing project, (iii) an action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project; (iv) rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, or (iv) an action to provide financial assistance in furtherance of implementing an affordable housing project.
Through legislation there is now an exemption for housing developments on land that is owned by institutions of higher education and religious institutions. The Legislature has added Section 65913.16 to the Government Code, which provides for the ministerial approval of a “housing development project” (meeting specified requirements) located on land owned on or before January 1, 2024 by an independent institution of higher education or a religious institution.
An amendment provision has been made to administrative records within the Public Resources Code section 21167.6. This amendment provides public agencies with increased control over preparation of the administrative record during litigation. A public agency may now deny a petitioner’s request to prepare the administrative record, provided that it issues the denial within five (5) business days of receiving the petitioner’s request to prepare the administrative record.
This amendment has further been modified to clarify that an administrative record need to include (1) communication and emails of a logistical nature, such as a meeting invitation or scheduling communications; or (2) documents subject to a privilege or exemption set forth in the California Public Records Act.
Recent updates that became effective as of January 1, 2024, impose a fee increase to the Department of Fish and Wildlife rates . Additionally, the new filing fee is $2,916.75 for a Negative Declaration or a Mitigated Negative Declaration. The new filing fee for an EIR fee is now $4,051.25. Lastly, the filing fee for an environmental document prepared pursuant to a Certified Regulatory Program has been increased to $1,377.25.
FISCAL IMPACT:
No fiscal impact is anticipated from amending the Local CEQA Guidelines.
CEQA:
No environmental impact is anticipated from amending the Local CEQA Guidelines. The City of Indian Wells adoption of the attached Resolution is not a project under State CEQA Guidelines section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts.
ATTACHMENTS:
1. BB&K Memorandum
2. Resolution
- 1 -
Memorandum
TO: Project 5 City Client
FROM: Best Best & Krieger LLP
DATE: March 11, 2024
RE: Summary of Changes to Local CEQA Guidelines
In 2023, the California Legislature revised the California Environmental Quality Act (“CEQA”) to exempt certain affordable housing projects, expand the circumstances in which Notices of Determination and Notices of Exemption must be filed with the State Clearinghouse, and provide public agencies with increased control over the preparation of the administrative record in litigation. We have revised the City’s Local Guidelines for Implementing CEQA (“Local Guidelines”) to account for these CEQA developments. This memorandum summarizes the substantive amendments to the City’s Local Guidelines.
The Local Guidelines and this memorandum are designed to help the City comply with CEQA when considering a project subject to CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial, or unusual projects or activities.
The Local Guidelines, the related CEQA forms, and other important legal alerts may be accessed via the Best Best & Krieger CEQA client portal. Please contact Tammy Ingram at [email protected]
with any technical questions regarding accessing the client portal.
REVISIONS TO LOCAL GUIDELINES
1. S ECTIONS 3.04, 6.20, & 7.39 – NOTICES OF DE TERMINATION & NOTICES OF
EXEMPTION
Public Resources Code section 21152 has been amended to require a local agency to file a Notice of Determination (“NOD”) with both the County Clerk and the State Clearinghouse in the Office of Planning and Research (“OPR”) within five working days of the agency approving a project subject to CEQA. The Legislature further amended Section 21152 to provide that when a local agency files a Notice of Exemption (“NOE”), the agency should file the NOE with both the County Clerk and the State Clearinghouse.
We have revised Sections 3.04, 6.20, and 7.39 of the Local Guidelines to account for the expanded circumstances in which an agency must file an NOD or NOE with the State Clearinghouse.
2. S ECTION 9.10
– EXEMPTION FOR A RESPONSIBLE AGENCY’S PROVISION OF FINANCIAL
ASSISTANCE FOR THE DEVELOPMENT OF AFFORDABLE HOUSING
Public Resources Code section 21080.10(b) has been amended to exempt action taken by a local agency not acting as the lead agency to provide financial assistance or insurance for the ATTACHMENT #1
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development and construction of residential housing for persons and families of low- or moderate-income, if the project at issue will be reviewed pursuant to CEQA by another public agency.
We have added Section 9.10 to the Local Guidelines to account for this exemption.
3. SECTION 9.11 – EXEMPTION FOR SPECIFIED AFFORDABLE HOUSING PROJECTS The Legislature has added Section 21080.40 to the Public Resources Code, which includes a new statutory exemption under CEQA for affordable housing projects that meet the section’s specified requirements. The section exempts from CEQA certain actions taken by lead agencies relating to 100 percent affordable housing projects (as defined), including (i) the issuance of an entitlement by a public agency for an affordable housing project, (ii) an action to lease, convey, or encumber land owned by a public agency for an affordable housing project, (iii) an action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project; (iv) rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project, or (iv) an action to provide financial assistance in furtherance of implementing an affordable housing project.
We have added Section 9.11 to the Local Guidelines to account for this exemption.
4. SECTION 9.12 – EXEMPTION FOR HOUSING DEVELOPMENTS ON LAND OWNED BY
INSTITUTIONS OF HIGHER EDUCATION AND RELIGIOUS INSTITUTIONS The Legislature has added Section 65913.16 to the Government Code, which provides for the ministerial approval of a “housing development project” (meeting specified requirements) located on land owned on or before January 1, 2024 by an independent institution of higher education or a religious institution.
We have added Section 9.12 to the Local Guidelines to account for this exemption.
5. SECTION 10.03
– ADMINISTRATIVE RECORDS
Public Resources Code section 21167.6 has been amended to provide public agencies with increased control over preparation of the administrative record during litigation. In particular, a public agency may now deny a petitioner’s request to prepare the administrative record, provided that it issues the denial within five business days of receiving the petitioner’s request to prepare the administrative record.
Public Resources Code section 21167.6 has further been amended to clarify that an administrative record need not include (1) communications and emails of a logistical nature, such as meeting invitations or scheduling communications; or (2) documents subject to a privilege or exemption set forth in the California Public Records Act.
We have revised Section 10.03 of the Local Guidelines to be consistent with Public Resources Code section 21167.6, as amended.
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Other Changes
Effective January 1, 2024, the Department of Fish and Wildlife has increased its fees.
For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,916.75; for an EIR, the new filing fee is $4,051.25; and for an environmental document prepared pursuant to a Certified Regulatory Program, the filing fee has been increased to $1,377.25.
Conclusion
As always, CEQA remains complicated and, at times, challenging to apply. The only constant in this area of law is how quickly the rules change. Should you have questions about any of the provisions discussed above, please contact a BB&K attorney for assistance.
BEST BEST & KRIEGER LLP
RESOLUTION NO. 2024 - ____
A RESOLUTION OF THE CITY COUNCIL OF CITY OF INDIAN WELLS ,
CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUBLIC RESOURCES CODE §§ 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §§ 21000 et seq.), the Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Public Resources Code s ection 21082 requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the City of Indian Wells (“City”) must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines; and
WHEREAS, adoption of the Resolution is not a project under State CEQA Guidelines section 15378(b)(5) because it is an administrative activity involving process only, and would not result in any environmental impacts.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF INDIAN WELLS HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council ADOPTS this Resolution approving the 2024 revisions to “Local Guidelines for Implementing the California Environmental Quality Act,” attached hereto as Exhibit “A” and further made available at the offices of the City and is available for inspection by the public.
SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed.
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 this 20 day of June 2024. _________________________________
GREG SANDERS
MAYOR
ATTACHMENT #2
City of Indian Wells
Resolution No. 2024-__
CERTIFICATION FOR RESOLUTION NO. 2024-__
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 20 day of June 2024, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
______________________________________ ____________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
City of Indian Wells
Resolution No. 2024-__
EXHIBIT “A”
2024 Guidelines for Implementing CEQA
(following this page)
2024
LOCAL GUIDELINES
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR
CITY OF INDIAN WELLS
TABLE OF CONTENTS
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1. GENERAL PROVISIONS, PURPOSE AND POLICY. ................................................ 1-1
1.01 General Provisions. ............................................................................................. 1-1
1.02 Purpose. ............................................................................................................... 1-1
1.03 Applicability. ...................................................................................................... 1-1
1.04 Reducing Delay and Paperwork. ......................................................................... 1-2
1.05 Compliance With State Law. .............................................................................. 1-2
1.06 Terminology. ....................................................................................................... 1-3
1.07 Partial Invalidity.................................................................................................. 1-3
1.08 Electronic Delivery of Comments and Notices. ................................................. 1-3
1.09 The City May Charge Reasonable Fees For Reproducing Environmental Documents. ......................................................................................................... 1-3
1.10 Time of Preparation ............................................................................................ 1-4
1.11 State Agency Furloughs. ..................................................................................... 1-5
2. LEAD AND RESPONSIBLE AGENCIES .................................................................... 2-1
2.01 Lead Agency Principle. ....................................................................................... 2-1
2.02 Selection of Lead Agency. .................................................................................. 2-1
2.03 Duties of a Lead Agency..................................................................................... 2-1
2.04 CEQA Determinations Made by Non-Elected Body; Procedure to Appeal Such Determinations. .......................................................................................... 2-3
2.05 Projects Relating to Development of Hazardous Waste and Other Sites. .......... 2-3
2.06 Responsible Agency Principle. ........................................................................... 2-4
2.07 Duties of a Responsible Agency. ........................................................................ 2-4
2.08 Response to Notice of Preparation by Responsible Agencies. ........................... 2-4
2.09 Use of Final EIR or Negative Declaration by Responsible Agencies. ............... 2-5
2.10 Shift in Lead Agency Responsibilities. ............................................................... 2-5
3. ACTIVITIES EXEMPT FROM CEQA ......................................................................... 3-1
3.01 Actions Subject to CEQA. .................................................................................. 3-1
3.02 Ministerial Actions.............................................................................................. 3-1
3.03 Exemptions in General. ....................................................................................... 3-2
3.04 Notice of Exemption. .......................................................................................... 3-2
3.05 Disapproved Projects. ......................................................................................... 3-3
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3.06 Projects with No Possibility of Significant Effect. ............................................. 3-4
3.07 Emergency Projects. ........................................................................................... 3-4
3.08 Feasibility and Planning Studies. ........................................................................ 3-4
3.09 Rates, Tolls, Fares, and Charges. ........................................................................ 3-5
3.10 Pipelines within a Public Right-of-Way and Less Than One Mile in Length. ................................................................................................................ 3-5
3.11 Pipelines of Less Than Eight Miles in Length. ................................................... 3-5
3.12 Certain Residential Housing Projects. ................................................................ 3-7
3.13 Minor Alterations to Fluoridate Water Utilities................................................ 3-14
3.14 Ballot Measures. ............................................................................................... 3-14
3.15 Transit Priority Project. ..................................................................................... 3-14
3.16 Certain Infill Projects ........................................................................................ 3-15
3.17 Exemption for Infill Projects In Transit Priority Areas .................................... 3-17
3.18 Exemption for Residential Projects Undertaken Pursuant to a Specific Plan ... 3-17
3.19 Transfer of Land for The Preservation of Natural Conditions .......................... 3-18
3.20 Transit Prioritization Projects. .......................................................................... 3-18
3.21 Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans. ..... 3-20
3.22 Water System Wells and Domestic Well Projects ............................................ 3-21
3.23 Small Disadvantaged Community Water System and State Small Water System. .............................................................................................................. 3-23
3.24 Conservation and Restoration of California Native Fish and Wildlife. ............ 3-23
3.25 Linear Broadband Deployment in a Right-of-Way. ......................................... 3-24
3.26 Needle and Syringe Exchange Services. ........................................................... 3-25
3.27 Other Specific Exemptions. .............................................................................. 3-26
3.28 Categorical Exemptions. ................................................................................... 3-26
4. TIME LIMITATIONS .................................................................................................... 4-1
4.01 Review of Private Project Applications. ............................................................. 4-1
4.02 Determination of Type of Environmental Document. ........................................ 4-1
4.03 Completion and Adoption of Negative Declaration. .......................................... 4-1
4.04 Completion and Certification of Final EIR. ........................................................ 4-1
4.05 Projects Subject to the Permit Streamlining Act................................................. 4-2
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4.06 Projects, Other Than Those Subject to the Permit Streamlining Act, with Short Time Periods for Approval. ....................................................................... 4-2
4.07 Waiver or Suspension of Time Periods. ............................................................. 4-3
5. INITIAL STUDY............................................................................................................ 5-1
5.01 Preparation of Initial Study. ................................................................................ 5-1
5.02 Informal Consultation with Other Agencies. ...................................................... 5-1
5.03 Consultation with Private Project Applicant....................................................... 5-2
5.04 Projects Subject to NEPA. .................................................................................. 5-2
5.05 An Initial Study. .................................................................................................. 5-3
5.06 Contents of Initial Study. .................................................................................... 5-4
5.07 Use of a Checklist Initial Study. ......................................................................... 5-4
5.08 Evaluating Significant Environmental Effects. ................................................... 5-5
5.09 Determining the Significance of Transportation Impacts ................................... 5-6
5.10 Mandatory Findings of Significant Effect. ......................................................... 5-7
5.11 Mandatory Preparation of an EIR for Waste-Burning Projects. ......................... 5-8
5.12 Development Pursuant To An Existing Community Plan And EIR. .................. 5-9
5.13 Land Use Policies. ............................................................................................ 5-10
5.14 Evaluating Impacts on Historical Resources. ................................................... 5-10
5.15 Evaluating Impacts on Archaeological Sites. ................................................... 5-11
5.16 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 5-12
5.17 Subdivisions with More Than 500 Dwelling Units. ......................................... 5-14
5.18 Impacts to Oak Woodlands. .............................................................................. 5-15
5.19 Climate Change And Greenhouse Gas Emissions. ........................................... 5-15
5.20 Energy Conservation. ........................................................................................ 5-19
5.21 Environmental Impact Assessment. .................................................................. 5-20
5.22 Final Determination. ......................................................................................... 5-20
6. NEGATIVE DECLARATION ....................................................................................... 6-1
6.01 Decision to Prepare a Negative Declaration. ...................................................... 6-1
6.02 Decision to Prepare a Mitigated Negative Declaration....................................... 6-1
6.03 Contracting for Preparation of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1
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(continued)
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6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1
6.05 Projects Affecting Military Services; Department of Defense Notification. ...... 6-4
6.06 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ..................................................................................... 6-4
6.07 Consultation with California Native American Tribes. ...................................... 6-5
6.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 6-7
6.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 6-8
6.10 Posting and Publication of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-9
6.11 Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse. ......................................................................................... 6-10
6.12 Special Notice Requirements for Waste- and Fuel-Burning Projects. .............. 6-12
6.13 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 6-13
6.14 Content of Negative Declaration or Mitigated Negative Declaration. ............. 6-13
6.15 Types of Mitigation........................................................................................... 6-13
6.16 Adoption of Negative Declaration or Mitigated Negative Declaration. ........... 6-14
6.17 Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration. ....................................................................................................... 6-14
6.18 Approval or Disapproval of Project. ................................................................. 6-15
6.19 Recirculation of a Negative Declaration or Mitigated Negative Declaration. ....................................................................................................... 6-16
6.20 Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved. ..................................... 6-16
6.21 Addendum to Negative Declaration or Mitigated Negative Declaration. ......... 6-18
6.22 Subsequent Negative Declaration or Mitigated Negative Declaration. ............ 6-18
6.23 Private Project Costs. ........................................................................................ 6-19
6.24 Filing Fees for Projects That Affect Wildlife Resources. ................................. 6-19
7. ENVIRONMENTAL IMPACT REPORT ..................................................................... 7-1
7.01 Decision to Prepare an EIR. ................................................................................ 7-1
7.02 Contracting for Preparation of EIRs. .................................................................. 7-1
7.03 Notice of Preparation of Draft EIR. .................................................................... 7-1
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(continued)
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7.04 Special Notice Requirements for Affected Military Agencies ........................... 7-3
7.05 Environmental Leadership Development Project. .............................................. 7-3
7.06 Preparation of Draft EIR. .................................................................................... 7-6
7.07 Consultation with California Native American Tribes. ...................................... 7-6
7.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 7-7
7.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 7-9
7.10 Consultation with Other Agencies and Persons. ................................................. 7-9
7.11 Early Consultation on Projects Involving Permit Issuance............................... 7-11
7.12 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 7-11
7.13 Airport Land Use Plan. ..................................................................................... 7-12
7.14 General Aspects of an EIR. ............................................................................... 7-12
7.15 Use of Registered Consultants in Preparing EIRs. ........................................... 7-12
7.16 Incorporation by Reference............................................................................... 7-13
7.17 Standards for Adequacy of an EIR. .................................................................. 7-13
7.18 Form and Content of EIR. ................................................................................. 7-14
7.19 Consideration and Discussion of Significant Environmental Impacts. ............ 7-15
7.20 Environmental Setting ...................................................................................... 7-16
7.21 Analysis of Cumulative Impacts. ...................................................................... 7-17
7.22 Analysis of Mitigation Measures. ..................................................................... 7-19
7.23 Analysis of Alternatives in an EIR. .................................................................. 7-21
7.24 Analysis of Future Expansion. .......................................................................... 7-23
7.25 Notice of Completion of Draft EIR; Notice of Availability of Draft EIR. ....... 7-23
7.26 Submission of Draft EIR to State Clearinghouse. ............................................ 7-26
7.27 Special Notice Requirements for Waste- And Fuel-Burning Projects. ............. 7-27
7.28 Time For Review of Draft EIR; Failure to Comment. ...................................... 7-28
7.29 Public Hearing on Draft EIR............................................................................. 7-29
7.30 Response to Comments on Draft EIR. .............................................................. 7-29
7.31 Preparation and Contents of Final EIR. ............................................................ 7-30
7.32 Recirculation When New Information Is Added to EIR. .................................. 7-30
TABLE OF CONTENTS
(continued)
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7.33 Certification of Final EIR. ................................................................................ 7-32
7.34 Consideration of EIR Before Approval or Disapproval of Project. .................. 7-32
7.35 Findings............................................................................................................. 7-32
7.36 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ................................................................................... 7-33
7.37 Statement of Overriding Considerations. .......................................................... 7-34
7.38 Mitigation Monitoring or Reporting Program for EIR. .................................... 7-35
7.39 Notice of Determination. .................................................................................. 7-37
7.40 Disposition of a Final EIR. ............................................................................... 7-38
7.41 Private Project Costs. ........................................................................................ 7-38
7.42 Filing Fees for Projects That Affect Wildlife Resources. ................................. 7-38
8. TYPES OF EIRS............................................................................................................. 8-1
8.01 EIRs Generally. ................................................................................................... 8-1
8.02 Tiering. ................................................................................................................ 8-1
8.03 Project EIR. ......................................................................................................... 8-2
8.04 Subsequent EIR. .................................................................................................. 8-3
8.05 Supplemental EIR. .............................................................................................. 8-4
8.06 Addendum to an EIR. ......................................................................................... 8-4
8.07 Staged EIR. ......................................................................................................... 8-4
8.08 Program EIR. ...................................................................................................... 8-5
8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations. ........ 8-5
8.10 Use of an EIR from an Earlier Project. ............................................................... 8-6
8.11 Master EIR. ......................................................................................................... 8-6
8.12 Focused EIR. ....................................................................................................... 8-8
8.13 Special Requirements for Redevelopment Projects. ........................................... 8-9
9. AFFORDABLE HOUSING ........................................................................................... 9-1
9.01 Streamlined, ministerial approval process for affordable housing projects ........ 9-1
9.02 Ministerial approval process for urban lot splits and housing developments with no more than two residential units within a single-family residential zone (SB 9) ....................................................................................................... 9-22
9.03 Approval of ordinance to zone any parcel for up to 10 units of residential density per parcel in certain circumstances (SB 10) ......................................... 9-26
TABLE OF CONTENTS
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9.04 Housing Sustainability Districts. ...................................................................... 9-27
9.05 Interim Motel Housing Projects. ....................................................................... 9-28
9.06 Supportive Housing And “No Place Like Home” Projects. ............................. 9-28
9.07 Shelter Crisis and Emergency Housing. ........................................................... 9-29
9.08 Affordable Housing Developments in Commercial Zones. .............................. 9-29
9.09 Mixed-Income Housing Developments Along Commercial Corridors. ........... 9-31
10. CEQA LITIGATION .................................................................................................... 10-1
10.01 Timelines........................................................................................................... 10-1
10.02 Mediation and Settlement. ................................................................................ 10-1
10.03 Administrative Record. ..................................................................................... 11-1
11. DEFINITIONS .............................................................................................................. 11-1
11.01 “Agricultural Employee” .................................................................................. 11-1
11.02 “Applicant” ....................................................................................................... 11-1
11.03 “Approval” ........................................................................................................ 11-1
11.04 “Baseline” ......................................................................................................... 11-2
11.05 “California Native American Tribe” ................................................................. 11-2
11.06 “Categorical Exemption” .................................................................................. 11-2
11.07 “Census-Defined Place”.................................................................................... 11-2
11.08 “CEQA” ............................................................................................................ 11-2
11.09 “City” ................................................................................................................ 11-2
11.10 “Clerk” .............................................................................................................. 11-2
11.11 “Community-Level Environmental Review” ................................................... 11-2
11.12 “Consultation”................................................................................................... 11-3
11.13 “Cumulative Impacts” ....................................................................................... 11-3
11.14 “Cumulatively Considerable” ........................................................................... 11-3
11.15 “Decision-Making Body” ................................................................................. 11-3
11.16 “Developed Open Space” ................................................................................. 11-3
11.17 “Development Project” ..................................................................................... 11-3
11.18 “Discretionary Project” ..................................................................................... 11-4
11.19 “EIR”................................................................................................................. 11-4
11.20 “Emergency” .................................................................................................... 11-4
TABLE OF CONTENTS
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11.21 “Endangered, Rare or Threatened Species” ...................................................... 11-4
11.22 “Environment” .................................................................................................. 11-4
11.23 “Feasible” .......................................................................................................... 11-5
11.24 “Final EIR” ....................................................................................................... 11-5
11.25 “Greenhouse Gases” ......................................................................................... 11-5
11.26 “Guidelines” or “Local Guidelines” ................................................................. 11-5
11.27 “Highway” ........................................................................................................ 11-5
11.28 “Historical Resources” ...................................................................................... 11-5
11.29 “Infill Site” ........................................................................................................ 11-6
11.30 “Initial Study” ................................................................................................... 11-6
11.31 “Jurisdiction by Law” ....................................................................................... 11-7
11.32 “Land Disposal Facility”................................................................................... 11-7
11.33 “Large Treatment Facility” ............................................................................... 11-7
11.34 “Lead Agency”.................................................................................................. 11-7
11.35 “Low- and Moderate-Income Households” ...................................................... 11-7
11.36 “Low-Income Households” .............................................................................. 11-7
11.37 “Low-Level Flight Path”................................................................................... 11-7
11.38 “Lower Income Households” ............................................................................ 11-8
11.39 “Major Transit Stop”......................................................................................... 11-8
11.40 “Metropolitan Planning Organization” or “MPO”. .......................................... 11-8
11.41 “Military Impact Zone”..................................................................................... 11-8
11.42 “Military Service” ............................................................................................. 11-8
11.43 “Ministerial” ..................................................................................................... 11-8
11.44 “Mitigated Negative Declaration” or “MND” .................................................. 11-9
11.45 “Mitigation” ...................................................................................................... 11-9
11.46 “Negative Declaration” or “ND” ...................................................................... 11-9
11.47 “Notice of Completion” .................................................................................... 11-9
11.48 “Notice of Determination” ................................................................................ 11-9
11.49 “Notice of Exemption” ..................................................................................... 11-9
11.50 “Notice of Preparation”..................................................................................... 11-9
11.51 “Oak” .............................................................................................................. 11-10
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11.52 “Oak Woodlands” ........................................................................................... 11-10
11.53 “Offsite Facility” ............................................................................................. 11-10
11.54 “Person” .......................................................................................................... 11-10
11.55 “Pipeline” ........................................................................................................ 11-10
11.56 “Private Project” ............................................................................................. 11-10
11.57 “Project” .......................................................................................................... 11-10
11.58 “Project-Specific Effects” ............................................................................... 11-11
11.59 “Public Water System” ................................................................................... 11-11
11.60 “Qualified Urban Use” .................................................................................... 11-11
11.61 “Residential” ................................................................................................... 11-11
11.62 “Responsible Agency” .................................................................................... 11-11
11.63 “Riparian areas” .............................................................................................. 11-11
11.64 “Roadway” ...................................................................................................... 11-12
11.65 “Significant Effect” ......................................................................................... 11-12
11.66 “Significant Value as a Wildlife Habitat” ....................................................... 11-12
11.67 “Special Use Airspace” ................................................................................... 11-12
11.68 “Staff” ............................................................................................................. 11-12
11.69 “Standard” ....................................................................................................... 11-12
11.70 “State CEQA Guidelines” ............................................................................... 11-13
11.71 “Substantial Evidence” ................................................................................... 11-13
11.72 “Sustainable Communities Strategy” .............................................................. 11-13
11.73 “Tiering” ......................................................................................................... 11-13
11.74 “Transit Priority Area” .................................................................................... 11-14
11.75 “Transit Priority Project” ................................................................................ 11-14
11.76 “Transportation Facilities” .............................................................................. 11-14
11.77 “Tribal Cultural Resources” ............................................................................ 11-14
11.78 “Trustee Agency”............................................................................................ 11-15
11.79 “Urban Growth Boundary” ............................................................................. 11-15
11.80 “Urbanized Area”............................................................................................ 11-15
11.81 “Water Acquisition Plans” .............................................................................. 11-16
11.82 “Water Assessment” or “Water Supply Assessment” .................................... 11-16
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11.83 “Water Demand Project” ................................................................................ 11-16
11.84 “Waterway”..................................................................................................... 11-17
11.85 “Wetlands” ...................................................................................................... 11-17
11.86 “Wildlife Habitat” ........................................................................................... 11-17
11.87 “Zoning Approval” ........................................................................................ 11-18
12. FORMS ......................................................................................................................... 12-1
13. COMMON ACRONYMS ............................................................................................ 13-1
Local Guidelines for Implementing the
California Environmental Quality Act (2024) GENERAL PROVISIONS, PURPOSE AND POLICY.
2024 City of Indian Wells Local Guidelines 1-1 ©Best Best & Krieger LLP
LOCAL GUIDELINES
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(2024)
1. GENERAL PROVISIONS, PURPOSE AND POLICY.
1.01 GENERAL PROVISIONS.
These Local Guidelines (“Local Guidelines”) are to assist the City of Indian Wells (“City”) in implementing the provisions of the California Environmental Quality Act (“CEQA”).
These Local Guidelines are consistent with the Guidelines for the Implementation of CEQA (“State CEQA Guidelines”), which have been promulgated by the California Natural Resources Agency for the guidance of state and local agencies in California. These Local Guidelines have been adopted pursuant to California Public Resources Code section 21082.
1.02 PURPOSE.
The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA:
(a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian; (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project; (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project; (d) To identify ways that environmental damage can be avoided or significantly reduced; (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and
(f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency’s activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.
1.03 APPLICABILITY.
These Local Guidelines apply to any activity that constitutes a “project,” as defined in Local Guidelines Section 11.57, for which the City is the Lead Agency or a Responsible Agency.
Th
ese Local Guidelines are also intended to assist the City in determining whether a proposed
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1.04 REDUCING DE LAY AND PAPERWORK.
The State CEQA Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things:
(a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively;
(b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing;
(c) Using initial studies to identify significant environmental issues and to narrow the scope of Environmental Impact Reports (EIRs);
(d) Using a Negative Declaration when a project, not otherwise exempt, will not have a significant effect on the environment;
(e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR;
(g) Integrating CEQA requirements with other environmental review and consultation requirements;
(h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document;
(i) Combining environmental documents with other documents, such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (l) Preparing analytic, rather than encyclopedic, EIRs; (m) Mentioning insignificant issues only briefly;
(n) Writing EIRs in plain language;
(o) Following a clear format for EIRs;
(p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material;
(q) Incorporating information by reference; and
(r) Making comments on EIRs as specific as possible.
1.05 COMPLIANCE W
ITH STATE LAW.
These Local Guidelines are intended to implement the provisions of CEQA and the State CEQA Guidelines, and the provisions of CEQA and the State CEQA Guidelines shall be fully complied with even though they may not be set forth or referred to herein.
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1.06 TERMINOLOGY.
The terms “must” or “shall” identify mandatory requirements. The terms “may” and “should” are permissive, with the particular decision being left to the discretion of the City.
1.07 PARTIAL INVALIDITY.
In the event any part or provision of these Local Guidelines shall be determined to be invalid, the remaining portions that can be separated from the invalid unenforceable provisions shall continue in full force and effect.
1.08 ELECTRONIC DE LIVERY OF COMMENTS AND NOTICES.
Individuals may file a written request to receive copies of public notices provided for under these Local Guidelines or the State CEQA Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it to the last email address provided by the requestor to the City. Any request to receive public notices shall be in writing and shall be renewed annually.
Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes.
Comments sent to the City via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project.
The City must also post certain environmental documents (such as Draft and Final Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative Declarations) and CEQA notices (such as Notices of Preparation, Notices of Availability, Notices of Intent to Adopt a Negative Declaration, Notices of Exemption, and Notices of Determination) on its website, if any.
(Reference: Pub. Resources Code, §§ 21082.1, 21091(d)(3), 21092.2.)
1.09 THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING ENVIRONMENTAL DOCUMENTS.
A public agency may charge and collect a reasonable fee from members of the public that request a copy of an environmental document, so long as the fee does not exceed the cost of reproduction. The kinds of “environmental documents” that CEQA specifically allows public agencies to seek reimbursement for include: initial studies, negative declarations, mitigated negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR, negative declaration, or mitigated negative declaration.
The City shall make CEQA-related documents (e.g., Negative Declarations, Mitigated Negative Declarations, Draft EIRs, Final EIRs, and notices relating to these documents) available to the public-at-large on its website. Requests for documents made pursuant to the California Public Records Act must comply with the Government Code. (See, for example,
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1.10 TIME OF PRE PARATION
Before granting any approval of a non-exempt project subject to CEQA, the Lead Agency or Responsible Agency shall consider either (1) a Final EIR, (2) a Negative Declaration, (3) a Mitigated Negative Declaration, or (4) another document authorized by the State CEQA Guidelines to be used in the place of an EIR or Negative Declaration (e.g., an Addendum, a Supplemental EIR, a Subsequent EIR, etc.).
Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs, Negative Declarations, and Mitigated Negative Declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment.
With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project.
To implement the above principles, the City shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance. For example, the City shall not:
(A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the City has made any final purchase of the site for these facilities, except that the City may designate a preferred site for CEQA review and may enter into land acquisition agreements when the City has conditioned its future use of the site on CEQA compliance.
(B) Otherwise take any action that gives impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project.
With private projects, the City shall encourage the project proponent to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time.
While mere interest in, or inclination to support, a project does not constitute approval, a public agency entering into preliminary agreements regarding a project prior to approval shall not, as a practical matter, commit the agency to the project. For example, the City shall not grant any vested development entitlements prior to compliance with CEQA. Further, any such pre- approval agreement should, for example:
(A) Condition the agreement on compliance with CEQA;
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(C) Not restrict the Lead Agency from considering any feasible mitigation measures and alternatives, including the “no project” alternative; and (D) Not restrict the Lead Agency from denying the project.
The City’s environmental document preparation and review should be coordinated in a timely fashion with the City’s existing planning, review, and project approval processes. These procedures, to the maximum extent feasible, are to run concurrently, not consecutively.
(See State CEQA Guidelines, § 15004; Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116.)
1.11 STATE AG ENCY FURLOUGHS.
Due to budget concerns, the State may institute mandatory furlough days for state government agencies. Local agencies may also change their operating hours.
Because state and local agencies may enact furloughs that limit their operating hours, if the City has time-sensitive materials or needs to consult with a state agency, the City should check with the applicable state agency office or with the City’s attorney to ensure compliance with all applicable deadlines.
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2. LEAD AND RESPONSIBLE AGENCIES
2.01 LEAD AGENCY PRINCIPLE.
The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents.
This agency shall be called the Lead Agency.
(Reference: State CEQA Guidelines, §§ 15050, 15367.)
2.02 SELECTION OF LE AD AGENCY.
Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria:
(a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency; or
(b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole.
The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a city that will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency that acts first on the project will normally be the Lead Agency.
If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Planning and Research. Within 21 days of receiving the request, the Office of Planning and Research will designate the Lead Agency. The Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute.
A “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document.
(Reference: State CEQA Guidelines, § 15051.)
2.03 DUTIES OF A LE
AD AGENCY.
As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve
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Dur
ing the process of preparing an EIR, the City, as Lead Agency, shall have the following duties:
(a) If a California Native American tribe has requested consultation, within 14 days after determining that an application for a project is complete or a decision to undertake a project, the City shall begin consultation with the California Native American tribes (see Local Guidelines Section 7.07);
(b) I
mmediately after deciding that an EIR is required for a project, the City shall send to the Office of Planning and Research and each Responsible Agency a Notice of Preparation (Form “G”) stating that an EIR will be prepared (see Local Guidelines Section 7.03); (c
) Prior to release of an EIR, if the California Native American tribe that is culturally affiliated with the geographic area of a project requests in writing to be informed of any proposed project, the City shall begin consultation with the tribe consistent with California law and Local Guidelines Section 7.07;
(d) Th
e City shall prepare or cause to be prepared the Draft EIR for the project (see Local Guidelines Sections 7.06 and 7.18);
(e
) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form “H”) with the Office of Planning and Research (see Local Guidelines Section 7.25); (f) The City shall consult with state, federal and local agencies that exercise authority over resources that may be affected by the project for their comments on the completed Draft EIR (see, e.g., Local Guidelines Sections 5.02, 5.16
, Section 7.26);
(g) The City shall provide public notice of the availability of a Draft EIR (Form “K”) at the same time that it sends a Notice of Completion to the Office of Planning and Research (see Local Guidelines Section 7.25);
(h) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during the public review period at least ten (10) days prior to certifying an EIR (see Local Guidelines Section 7.30); (i
) The City shall prepare or cause to be prepared a Final EIR before approving the project (see Local Guidelines Section 7.31);
(j) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council (see Local Guidelines Section 7.33); and (k) Th
e City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the Draft EIR (see Local Guidelines Sections
2.07, 7.30 and 7.31).
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2.04 CEQA DETERMINATIONS MADE BY NON-ELECTED BODY; PROCEDURE TO APPEAL SUCH DETERMINATIONS.
As Lead Agency, the City may charge a non-elected decisionmaking body with the responsibility of making a finding of exemption or adopting, certifying or authorizing environmental documents. Any such determination, however, shall be subject to the City's procedures allowing for the appeal of the CEQA determination of any non-elected body to the City Council. In the absence of a procedure governing such appeal, any CEQA determination made by a non-elected decisionmaker shall be appealable to the City Council within ten (10) days of the non-elected decisionmaker’s determination. If the non-elected decisionmaker’s CEQA determination is not timely appealed as set forth herein, the non-elected decisionmaker’s determination shall be final.
In the event the City Council has delegated authority to a subsidiary board or official to approve a project, the City hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official’s CEQA determination shall be subject to appeal as set forth above. (Reference: State CEQA Guidelines, §§ 15061(e), 15074(f), 15090(b).)
2.05 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTH ER SITES.
An applicant for a development project must submit a signed statement to the City, as Lead Agency, stating whether the project and any alternatives are located on a site that is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency (“California EPA”) listing hazardous waste sites and other specified sites located in the City’s boundaries. The applicant’s statement must contain the following information:
(a) The applicant’s name, address, and phone number;
(b) Address of site, and local agency (city/county);
(c) Assessor’s book, page, and parcel number; and
(d) The list which includes the site, identification number, and date of list.
Before accepting as complete an application for any development project as defined in Local Guidelines Section 11.16, the City, as Lead Agency, shall consult lists compiled by the Se
cretary for Environmental Protection of the California EPA pursuant to Government Code section 65962.5 listing hazardous waste sites and other specified sites located in the City’s boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall specify the California EPA list, if any, that includes the project site, and shall provide the information contained in the applicant’s statement. (Reference: Gov. Code, § 65962.5.)
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2.06 RESPONSIBLE AGENCY PRINCIPLE.
When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency that have discretionary approval power over the project shall be identified as Responsible Agencies.
2.07 DUTIES OF A RESPONSIBLE AGENCY.
When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs, Negative Declarations, and Mitigated Negative Declarations. Comments shall be limited to those project activities that are within the City’s area of expertise or are required to be carried out or approved by the City or are subject to the City’s powers.
As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures that would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures that would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City, when acting as a Responsible Agency, shall be limited to measures that mitigate impacts to resources that are within the City’s authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. (Reference: State CEQA Guidelines, § 15096.)
2.08 RESPONSE TO NO
TICE OF PREPARATION BY RESPONSIBLE AGENCIES.
Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City’s area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation that the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail, email, or any other method of transmittal that provides it with a record that the response was received. The Lead Agency shall incorporate this information into the EIR. (Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15103.)
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2.09 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES.
The City, as a Responsible Agency, shall consider the Lead Agency’s Final EIR or Negative Declaration before acting upon or approving a proposed project. As a Responsible Agency, the City must independently review and consider the adequacy of the Lead Agency’s environmental documents prior to approving any portion of the proposed project. In certain instances, the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the project over which the City has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the City’s role in carrying out the project shall be adopted. Findings that are relevant to the City’s role as a Responsible Agency shall be made. After the City decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the Lead Agency, the City, as Responsible Agency, should file a Notice of Determination with the County Clerk within five (5) days of approval, but need not state that the Lead Agency’s EIR or Negative Declaration complies with CEQA. The City, as Responsible Agency, should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. (Reference: State CEQA Guidelines, § 15096.)
2.10 SHIFT IN LE
AD AGENCY RESPONSIBILITIES.
The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met:
(a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency;
(b) The Lead Agency prepared environmental documents for the project, and all of the following conditions apply:
(1) A Subsequent or Supplemental EIR is required;
(2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency; or
(c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency.
(Reference: State CEQA Guidelines, § 15052.)
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3. ACTIVITIES EXEMPT FROM CEQA
3.01 ACTIONS SUBJECT TO CEQA.
CEQA applies to discretionary projects proposed to be carried out or approved by public agencies such as the City. If the proposed activity does not come within the definition of “project” contained in Local Guidelines Section 11.57, it is not subject to environmental review under
CEQA.
The term “project,” as defined by CEQA, does not include:
(a) Proposals for legislation to be enacted by the State Legislature; (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making (except as provided in Local Guidelines Section 11.57);
(c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214; (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may have a potentially significant physical impact on the environment. Government funding mechanisms may include, but are not limited to, assessment districts and community facilities districts; (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
(f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment.
(Reference: State CEQA Guidelines, §§ 15060(c), 15378.)
3.02 MINISTERIAL ACT
IONS.
Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved or denied by a decision that a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion.
When a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. The decision whether the approval of a proposed project or activity is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. The following is a non-exclusive list of examples of ministerial activities:
(a) Issuance of business licenses;
(b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses;
(e) Issuance of a permit to do street work;
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(Reference: State CEQA Guidelines, § 15268.)
3.03 EXEMPTIONS IN GENERAL.
CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration, or Mitigated Negative Declaration generally do not apply to the exempt activities that are set forth in CEQA, the State CEQA Guidelines, and Chapter 3 of these Local Guidelines.
(Reference: State CEQA Guidelines, §§ 15260 – 15332.)
3.04 NOTICE OF EXEMPTION.
After approval of an exempt project, a “Notice of Exemption” (Form “A”) may be filed by the City or its representatives with the County Clerk of each county in which the activity will be located. A Notice of Exemption must be filed electronically with the County Clerk if that option is offered by the County Clerk. After filing, the City must additionally post the Notice of Exemption on the City’s website, if any.
If the Lead Agency exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines sections 15193, 15194 or 15195 and approves or determines to carry out that project, it must also file a notice with the Office of Planning and Research (“OPR”) identifying the exemption.
The County Clerk must post the Notice of Exemption within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. The thirty day (30) posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day. Although no California Department of Fish and Wildlife (“DFW”) filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the County Clerk Memo to determine if such a fee will be required for the project.
The Notice of Exemption must, among other things, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement for use from the City as part of the project. Certain counties require the name and address of an applicant to be included in the “Project Applicant” box of the Notice of Exemption, even when the only project proponent is the City; in these counties, if the City is the only project proponent, the City’s name and address should be provided in the “Project Applicant” box of the
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The Notice of Exemption may be filed by the project applicant, rather than the Lead Agency, in certain circumstances. Specifically, the Lead Agency may direct the project applicant to file the Notice of Exemption where the activity that the Lead Agency has determined is exempt from CEQA either:
(a) is undertaken by a person (not a public agency) and is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or
(b) involves the issuance to a person (not a public agency) of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (See Public Resources Code, §§ 21065(b)-(c), 21152). Where the Notice of Exemption is filed by a project applicant rather than the Lead Agency, the applicant must attach a Certificate of Determination to the Notice of Exemption to be filed. The Certificate of Determination may be in the form of a certified copy of an existing document or record of the Lead Agency.
Alternatively, the Lead Agency may prepare a Certificate of Determination (see Form “B”) stating that the activity is exempt from CEQA, and the Lead Agency may provide the Certificate of Determination to the applicant. The applicant must attach the Certificate of Determination to the Notice of Exemption to be filed.
The filing of a Notice of Exemption, when appropriate, is recommended for City actions because it starts a 35-day statute of limitations on legal challenges to the City’s determination that the activity is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain circumstances in
which the Lead Agency is required to file a Notice of Exemption.
When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. (Reference: Pub. Resources Code, § 21152; State CEQA Guidelines, § 15062.)
3.05 DISAPPROVED PR OJECTS.
CEQA does not apply to projects that the Lead Agency rejects or disapproves.
Even if a project for which an EIR, Negative Declaration, or Mitigated Negative Declaration has been prepared is ultimately disapproved, the project applicant shall not be relieved of its obligation to pay the costs incurred to prepare the EIR, Negative Declaration, or Mitigated Negative Declaration for the project.
(Reference: State CEQA Guidelines, §§ 15061(b)(4), 15270.)
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3.06 PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT.
Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA.
3.07 EMERGENCY PROJECTS.
The following types of emergency projects are exempt from CEQA (the term “emergency” is defined in Local Guidelines Section 11.20):
(a
) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety, or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring.
Highway shall have the same meaning as defined in Section 360 of the Vehicle Code.
This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(e) Seismic work on highways and bridges pursuant to Streets and Highways Code section 180.2.
(Reference: State CEQA Guidelines, § 15269.)
3.08 FEASIBILITY AND PL
ANNING STUDIES.
A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt from CEQA. (Reference: State CEQA Guidelines, § 15262.)
Local Guidelines for Implementing the
California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA
2024 City of Indian Wells Local Guidelines 3-5 ©Best Best & Krieger LLP
3.09 RATES, TOLLS, FAR ES, AND CHARGES.
The establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by the City that the City finds are for one or more of the purposes listed below are exempt from CEQA.
(a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas.
When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares, or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed.
(Reference: State CEQA Guidelines, § 15273.)
3.10 PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY AND LESS THAN ONE MILE IN LENGTH.
Projects that are for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline and that are:
(a) in a public street or highway or any other public right-of-way; and (b) less than one mile in length
shall be exempt from CEQA requirements.
“Pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility.
(Reference: Public Resources Code, § 21080.21.)
3.11 PIPELINES OF LE
SS THAN EIGHT MILES IN LENGTH.
Projects that are for the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline shall be exempt from CEQA requirements if all of the following conditions are met:
(a) The project is less than eight miles in length.
(b) Notwithstanding the project length, actual construction and excavation activities undertaken to achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time.
Local Guidelines for Implementing the
California Environmental Quality Act (2024) ACTIVITIES EXEMPT FROM CEQA
2024 City of Indian Wells Local Guidelines 3-6 ©Best Best & Krieger LLP (c) The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to CEQA in the past 12 months.
(d) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil.
(e) To the extent not otherwise expressly required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project.
(f) Project activities are undertaken within an existing right-of-way and the right-of-way is restored to its condition prior to the project.
(g) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.
If a project meets all of the requirements for this exemption, the person undertaking the project shall do all of the following:
(a) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of this exemption.
(b) Provide notice to the public in the affected area in a manner consistent with paragraph (3) of Public Resources Code section 21092(b).
(c) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.
(d) Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene- Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.
This exemption does not apply to a project in which the diameter of the pipeline is increased or to a project undertaken within the boundaries of an oil refinery.
For purposes of this exemption, the following definitions apply:
(a) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier