CITY COUNCIL MEETING MINUTES
Thursday, September 5, 2024
1:30 p.m.
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Present: Mayor Sanders
Mayor Pro Tem Whitman
Council Member Peabody
Council Member Reed
Council Member Griffith
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A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE
AND ROLL CALL
Mayor Sanders convened the City Council Meeting at 1:30 p.m. on September 05, 2024, in the City Hall Council Chamber.
B. APPROVAL OF THE FINAL AGENDA
Council Member Peabody requested to pull Item J2.
It was the CONSENSUS of the City Council to Approve the Agenda as Amended.
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Hunger Action Month Presentation by FIND Food Bank Chief Executive Officer Debbie Espinosa
Chief Executive Officer Debbie Espinosa, of FIND Food Bank, provided background information on the organization and its partnership with the City of Indian Wells. She reported that 114 residents in Indian Wells are currently being served and gave an update on the volume of food distributed.
Council Minutes- September 5, 2024
2 Ms. Espinosa highlighted Hunger Action Month, emphasizing that FIND is here to support those in need and extended an invitation for the City to volunteer. She also explained the distribution process used by the food bank.
Councilmember Griffith, Mayor Pro Tem Whitman, and Mayor Sanders each expressed their appreciation and gratitude to FIND Food Bank for its continued service to the community.
D. PUBLIC COMMENTS
Council Member Ty Peabody read a statement referencing an email he received regarding Council candidacy and communications from City Council members. Mr.
Peabody reiterated the importance of enforcing the Council Policy Manual.
Mr. Alan Carvalho, a resident of Cathedral City, encouraged Council Member Peabody to make a greater impact at the Coachella Valley Animal Campus.
Mr. Martin Lax, resident, expressed concerns about the recent change in waste pickup days, which moved from Wednesday to Monday.
E. CITY MANAGER'S REPORTS
City Manager Chris Freeland reported that bids for the redesign of the Player’s Course at the Golf Resort have been issued, with a selection expected by the end of the month. Mr. Freeland noted that the City is working with the management company of the Club Drive Shopping Center to address landscaping concerns.
Mr. Freeland announced that the unveiling and official rebranding of the Hyatt Regency will take place on September 9, 2024. The right lane construction on Warner Trail has been completed. Mr. Freeland further shared that the Epson Tour will return at the end of September, with a lottery system in place for ticket distribution.
Mr. Freeland congratulated the Public Works Department for receiving the American Public Works Association Project Merit Award for Fairway Park. Mr.
Freeland concluded his report by showing a video presentation about Kestrel and its upcoming event.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported that the City Council met earlier in the day in a closed session to discuss the Parsons and Lissoy litigation; two independent law firms concluded that the City is on the right track regarding the case, and no reportable action was taken.
Council Minutes- September 5, 2024
3 Mr. Leishman reported the Council held another closed session to discuss the Peabody and Hanson vs. Avila litigation, with no reportable action taken. Mr.
Leishman further reported the Council voted with Mayor Pro Tem Whitman recused to direct the City Attorney to file a civil action to abate a landscape ordinance violation at the intersection of Osage and Cielito.
G. CONSENT CALENDAR
G.1 Ordinance to Amend and Strengthen Code-Enforcement Provisions of the Municipal Code
It was determined to ADOPT Ordinance No. 758 to be read as follows:
ORDINANCE NO. 758
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS AMENDING CHAPTER 8.08 OF THE CITY OF INDIAN WELLS
MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT AND
ADDING CHAPTER 1.28 OF THE INDIAN WELLS MUNICIPAL CODE
RELATING TO NUISANCE ABATEMENT COST RECOVERY; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) under state CEQA Guidelines section 15378(b)(5).
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Adopt Ordinance No. 758. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.2 Amendment to Animal Services Agreement with County of Riverside It was determined to APPROVE First Amendment to the Animal Services Agreement with the County of Riverside; and
DIRECT City Manager or their designee to execute any agreement for same; and
FIND the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).
Council Minutes- September 5, 2024
4 A motion was made by Mayor Pro Tem Whitman, seconded by Council Member Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.3 Finance Committee Actions for Communication’s Plan
It was determined to RECIEVE and FILE the Finance Committee Recommendations for Content and Funding of Communication Plan enhancements; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines section 15061(b)(3).
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Receive and File recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.4 Annual League of California Cities Conference Voting Delegate Appointments
It was determined to DESIGNATE Council Member Dana Reed as the Voting Delegate and Mayor Pro Tem Bruce Whitman as the Alternate Voting Delegate for the City of Indian Wells at the 2024 League of California Cities Annual Conference held on October 16-18, in Sacramento; and FIND the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Approve Recommendation. The motion carried by the following vote:
Council Minutes- September 5, 2024
5 AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.5 Recruitment and Interview Schedule for Planning Commission and Coachella Valley Mosquito & Vector Control District
It was determined to APPROVE the recruitment schedule and DESIGNATE Mayor Sanders and Councilmember Griffith to serve as the Ad -Hoc Interview Committee for the Planning Commission and Coachella Valley Mosquito & Vector Control District; and
FIND the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.6 Request for Supplemental Appropriation to Modernize City Hall Security System
It was determined to APPROVE a supplemental appropriation for $100,000 to upgrade the City Hall security system. Improvements include updated security components in City Hall including motion sensors, panic buttons, glass break sensors, and cameras; and
FIND the project to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 –
Council Minutes- September 5, 2024
6 G.7 Grant of Utility Easement to Southern California Edison It was determined to APPROVE grant of easement to Southern California Edison (“SCE”) for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure located on the Indian Wells Civic Center Campus.
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
G.8 City Treasurer’s Report for June 2024
It was determined to RECEIVE and FILE the City Treasurer’s Report for June 2024; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
A motion was made by Mayor Pro Tem Whitman, seconded by Councilmember Griffith to Receive and File Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
H. PUBLIC HEARINGS
H.1 Ordinance Amending Chapter 21.32 Relating to Time-Share Provisions of the Municipal Code
Mayor Pro Tem Whitman declared a conflict on this item. (Mayor Pro Tem Whitman recused from discussion. )
At 2:07 p.m., Mayor Pro Tem Whitman and Council Member Reed recused themselves from the hearing, citing a conflict of interest due to the proximity
Council Minutes- September 5, 2024
7 of their primary residences to the subject properties. Both members left the Council Chamber for the duration of the item.
City Attorney Todd Leishman provided a background relating to time -share provisions in Indian Wells.
Council Member Peabody suggested the Council consider grandfathering the two properties in question and proceed with amendments to the applicable regulations once that provision is in place.
Mayor Sanders announced that all residents will be formally notified regarding the proposed ordinance. Mr. Sanders stated that the second reading of the and the item will be scheduled for open discussion to allow for public comment and community input.
Mayor Sanders opened the public hearing at 2:14 p.m. to hear testimony in favor or against the Resolution; hearing none, the hearing was closed.
A discussion followed regarding the origins of the proposed ordinance and the operational model of the Picasso business. Council Member Peabody expressed concern for the impact on current residents and requested that potential solutions be explored to better accommodate their needs.
It was determined to INTRODUCE ordinance adding Chapter 21.32 “Time- Share Uses” and deleting Section 21.04.090 from Title 21 of the Indian Wells Municipal Code reinforcing the City’s prohibition against time-share uses within the City; and
APPROVE the ordinance to be brought back as a General Business Item for public input at the October 24, 2024, City Council meeting; and
FIND the action to be exempt from the provisions of the California Environmental Quality Act (“CEQA”) under state CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15061(b)(3).
A motion by mayor Sanders, seconded by Council Member Peabody to Adopt Ordinance. The motion carried by the following vote:
AYES: 3 - Griffith, Peabody, Sanders
NOES: 0 –
RECUSED: 2 - Reed, Whitman
Council Minutes- September 5, 2024
8 I. GENERAL BUSINESS
Council Member Reed and Mayor Pro Tem Whitman returned to the chamber.
I.1 Implementation of a City Pension Policy
Finance Director Kevin McCarthy provided background information on the development and implementation of a City Pension Policy. Mr. McCarthy expressed appreciation to the Finance Committee for their time and effort in reviewing the policy. Council Member Peabody thanked staff for their work and commended the progress made in establishing the policy.
It was determined to APPROVE the Implementation of a Pension Policy; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
A motion was made by Councilmember Griffith, seconded by Councilmember Peabody to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
I.2 Implementation of a General Fund Operating Reserve Policy Finance Director Kevin McCarthy presented a staff report addressing the status of the General Fund Reserve. A discussion followed regarding the anticipated changes to the City’s annual financial statements moving forward.
It was determined to ADOPT the Implementation of a General Fund Operating Reserve Policy; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
A motion by Council Member Peabody, seconded by Mayor Pro Tem Whitman, to Approve Recommendation. The motion carried by the following vote:
Council Minutes- September 5, 2024
9 AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
I.3 Council’s Request to Review City’s Hedge Height and Tree Regulations
Mayor Sanders provided background on the decision to include a discussion on hedge height on the meeting agenda and referred the matter to the Planning Commission for further review and consideration.
Mr. Bob Reilly, resident, expressed concerns regarding privacy and voiced support for maintaining the current hedge height limit of 9 feet. Mr. Martin Lax, resident, supported a review of the existing hedge height policy, including consideration of sightlines and angles from within homes.
City Clerk Angelica Avila acknowledged receipt of a letter from residents Michael and Joanne Wutton expressing opposition to any changes to the existing hedge height policy.
It was determined to DELGATE to the review of the City Ordinance to the Planning Commission and come back to the Council and provide recommendations; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(c).
A motion by Mayor Sanders, seconded by Mayor Pro Tem Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
Council Member Griffith requested that staff make a diligent effort to notify residents about the upcoming Planning Commission meeting where the hedge height policy will be discussed.
I.4 Comprehensive Traffic Safety Action Plan
Public Works Director Ken Seumalo provided an overview of the City’s Traffic Safety Action Plan. Council Member Peabody raised concerns regarding the implementation of a sidewalk along Fairway Drive. It was noted that four streets are currently under review for potential construction improvements.
Council Minutes- September 5, 2024
10 Mayor Pro Tem Whitman encouraged community involvement throughout the improvement process.
Mr. Eric Tate expressed support for holding community meetings to engage residents in discussions related to street improvements.
Council engaged in a discussion emphasizing the importance of resident participation in public meetings and value of data collected in the Traffic Safety Action Plan study was highlighted, along with the need to reassess and reprioritize planned street improvements based on community input and study findings.
It was determined to APPROVE the Comprehensive Traffic Safety Action Plan and the accompanying Resolution; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(c).
A motion by Council Member Griffith, seconded by Council Member Peabody, to Approve Recommendation. The motion carried with the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
J. COUNCIL MEMBER'S REPORTS
J.1 Councilmember Reed Request to Place a Discussion Item on a Future City Council Agenda
Council Member Reed requested that a future agenda include a discussion item addressing substandard cellular service in certain areas of the City. Mr.
Reed asked that staff analyze the issue and research potential solutions.
Council Member Griffith expressed opposition to allocating funding for a study on this matter.
A motion by Council Member Reed, seconded by Mayor Sanders, to Approve Request. The motion carried with the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
Council Minutes- September 5, 2024
11 J.2 Councilmember Peabody Request to Place a Discussion Item on a Future City Council Agenda
The previously requested agenda item was removed from consideration K. COUNCIL MEMBER'S REPORTS AND COMMENTS
K.1 COUNCIL MEMBER GRIFFITH
No report.
K.2 COUNCIL MEMBER REED
No report.
K.3 COUNCIL MEMBER PEABODY
Council Member Peabody reported attending a meeting of the Sunline Transit Agency and a separate meeting with the Riverside County Board of Supervisors to discuss matters related to the Coachella Valley Animal Campus.
K.4 MAYOR PRO TEM WHITMAN
Mayor Pro Tem Whitman suggested removing the Ad Hoc Governance Committee and the Measure J Committee from the official list, stating that both had fulfilled their intended purposes. However, it was noted that the Ad Hoc Governance Committee has not yet completed its assigned tasks.
K.5 MAYOR SANDERS
No report.
L. ADJOURNMENT
At 3:20 p.m. Mayor Sanders ADJOURNED the Council meeting to a regularly scheduled meeting of the City Council to be held on October 24, 2024, at 1:30 p.m. in the City Hall Executive Conference room.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk