CITY COUNCIL
Meeting Agenda
Thursday, December 19, 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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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 Proclamation Recognizing Desert Arc Chief Executive Officer Richard Balocco
C.2 Introduction of Riverside County Sheriff Department Captain Jason Sexton
C.3 Proclamation Recognizing Indian Wells Lieutenant David Wright C.4 Introduction of New Indian Wells Lieutenant Frank Schiavone C.5 Proclamation Recognizing Deputy of the Year Ju Yoo
C.6 Proclamation Recognizing Firefighter Paramedic of the Year Travis Necochea
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
Council Agenda- December 19, 2024
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 Annual Developer Impact Fee Report 9
RECOMMENDED ACTIONS:
Council APPROVES the Annual Developer Impact Fee Report submitted for the Fiscal Year 2023-24; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
G.2 Ordinance Amending Chapter 21.85 of the Indian Wells Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law 19 RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 760, by title only and waives further reading amending Chapter 21.85 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the action to be exempt from California Environmental Quality Act under public resources.
G.3 Ordinance Amending Chapter 21.32 Relating to Time-Share Provisions of the Municipal Code
35 RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 761 by title only and waives further reading 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 finding the action to be exempt from the provisions of the California Environmental Quality.
Council Agenda- December 19, 2024
G.4 Review of Mayoral and Mayor Pro Tem Rotation Under Indian Wells Municipal Code Section 2.08.160
45 RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Attorney’s review of Mayoral and Mayor Pro Tem rotation under Municipal Code Section 2.08.160; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
G.5 Indian Wells Golf Resort Advisory Committee Appointment 53 RECOMMENDED ACTIONS:
Council Sub-Committee recommends the Council APPOINT Jim Kent to fill the vacancy on the Golf Resort Advisory Committee for the remainder of the term ending on June 30, 2026; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
G.6 Indian Wells Preservation Foundation Partnership Funding Request 55 RECOMMENDED ACTIONS:
Council CONSIDERS the Indian Wells Preservation Foundation partnership request; and
DELEGATES the review of the partnership funding request to the Finance Committee; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
Council Agenda- December 19, 2024
G.7 City Treasurer’s Report for August 2024 61
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Treasurer’s Report for August 2024; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
H.PUBLIC HEARINGS
No Public Hearings.
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 A Resolution Certifying the General Municipal Election held on November 5, 2024, Declaring the Results
81 RECOMMENDED ACTIONS:
Council ADOPTS Resolution reciting the facts of the consolidated General Municipal Election held in the City of Indian Wells on November 5, 2024, declaring the results thereof, and such other matters as are provided by law; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
J.ROTATION OF MAYOR AND PRESENTATIONS
J.1 Mayor and Mayor Pro Tem Rotation and Oath of Office J.2 Presentation Honoring Greg Sanders for Service as Mayor K.REORGANIZATION OF CITY COUNCIL
K.1 Presentation Honoring Council Member Donna Griffith and Ty Peabody
K.2 Council Member Elects Greg Sanders, Dr. Toper Taylor, and Brian Penna Oath of Office
Council Agenda- December 19, 2024
K.3 Remarks and Introduction of Guests by Newly Elected Council Members
K.4 Recess City Council for 10 Minutes
L.RECONVENE REORGANIZED CITY COUNCIL AND ROLL CALL
MAYOR BRUCE WHITMAN
MAYOR PRO TEM DANA REED
COUNCIL MEMBER DR. TOPER TAYLOR
COUNCIL MEMBER BRIAN PENNA
COUNCIL MEMBER GREG SANDERS
M.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.
M.1 2025 City Council Meeting Schedule 91
RECOMMENDED ACTIONS:
Council ADOPTS the 2025 City Council meeting schedule as presented; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
Council Agenda- December 19, 2024
M.2 City Council Members Attendance at 2025 Events 95
RECOMMENDED ACTIONS:
Council APPROVES the attendance of Council Member(s) at 2025 events identified in the staff report; and
AUTHORIZES any normal and reasonable reimbursement of
expenses incurred by any Council Member for the events identified in the staff report; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
N.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.
N.1 2025 Council “Draft” of Assignments to Various Internal and External Committees
98 RECOMMENDED ACTIONS:
Council provides DIRECTION to staff relating to any proposed modifications to the draft process, establishing or eliminating committees and/or sub-committees, the number of ex-officio members serving on City resident committees, and any other related matters prior to the actual selection of committee assignments; and
PARTICIPATES in the “Draft” of committee assignments and any required alternates; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
Council Agenda- December 19, 2024
O. 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.
O.1 COUNCIL MEMBER SANDERS
O.2 COUNCIL MEMBER PENNA
O.3 COUNCIL MEMBER TAYLOR
O.4 MAYOR PRO TEM REED
O.5 MAYOR WHITMAN
P. ADJOURNMENT
To an adjourned regularly scheduled meeting of the City Council to be held at 10:30 a.m. on January 30, 2025 in the City Hall Council Chamber.
Affidavit of Posting,
I, Angelica Avila, certify that on December 13, 2024 I caused to be posted a notice of a City Council Meeting to be held on December 19, 2024, at 1:30 p.m. in the City Hall Council Chamber.
Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
________________________
Angelica Avila, MM
City Clerk
Council Agenda- December 19, 2024
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Annual Developer Impact Fee Report
RECOMMENDED ACTIONS:
Council APPROVES the Annual Developer Impact Fee Report submitted for the Fiscal Year 2023-24; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
BACKGROUND:
In compliance with California Government Code Chapter 5, Section 66000, the City is steadfast in its commitment to providing a comprehensive and transparent account of developer impact fees collected, allocated, and expended. This report is presented within the statutory requirement of 180 days following the fiscal year’s close and reflects the City’s ongoing dedication to transparency, accountability, and sound fiscal management.
Enclosed are detailed schedules summarizing expenditures and revenues subject to the five-year limitation as outlined in the Government Code. This document offers a thorough overview of how developer impact fees have been utilized to advance the City’s infrastructure and community development objectives during the fiscal year 2023/24.
This annual report is a critical tool for residents, stakeholders, and decision-makers to understand the City's fiscal and developmental strategies. Key highlights include:
Transparency and Accountability: The report demonstrates compliance with legal requirements and reinforces public trust by delineating how developer impact fees are collected and spent.
Infrastructure Development: Fees are allocated to support essential infrastructure projects, enhancing residents' quality of life and ensuring well-managed growth.
Council Agenda- December 19, 2024
Fiscal Responsibility: The report showcases the City’s financial planning and prudent use of funds, particularly in advancing long-term capital projects without undue burden on taxpayers.
Sustainable Growth: It outlines how the City ensures infrastructure keeps pace with community expansion, addressing demands for parks, transportation, and public services.
Community Impact: Detailed accounts of fund usage provide insights into how these resources enhance public amenities and maintain the City’s high standards.
FISCAL IMPACT:
During fiscal year 2023/24, the City collected $588,276 in developer impact fees, earmarked for various capital improvements and infrastructure projects. In some instances, these fees were utilized to reimburse advances from other funds, enabling the timely execution of key public improvements.
Park Facilities Fees
The City collected $10,180 in Park Facilities Fees, allocated for the acquisition of parkland, development of new recreational facilities, and enhancement of existing amenities to meet the needs of new developments. As of June 30, 2024, the Park Facilities program spent $31,083 to expand facilities at the Indian Wells Golf Resort.
Transportation Facilities Fees
The Transportation Facilities Fees totaled $63,862 in fiscal year 2023/24, replacing the Highway 111 circulation improvement fee. These funds are allocated to the Warner Tr ail Right-Turn Lane Expansion Project and annual debt service obligations for the 2022 lease revenue bonds. During fiscal year 2023-24, the Transportation Facilities program spent $151,926 on the Warner Trail right-turn expansion project. This project will increase traffic circulation during the school year and the tennis tournament.
Recreation Facilities Fees
Recreation Facilities Fees amounted to $107,966, designated for the Energy Efficiency Project and the redesign of the Player’s golf course. During the year, the Recreation Facilities program spent $439,002 on the Golf Resort’s Energy Efficiency Project.
Park-in-Lieu Fees
The City generated $74,752 in Park-in-Lieu Fees, supporting the development of recreational and open spaces. A collaborative effort with the Desert Recreation District
Council Agenda- December 19, 2024
led to the acquisition of open space for a passive park at the southwest corner of Eldorado and Fairway Drive. During the year, the Park-in-Lieu program spent $86,177 to complete Fairway Park.
Citywide Public Improvement Fees
This fee ensures new development funds its fair share of Citywide public facilities. The funds are committed to various City projects, including maintenance yard improvements, City signage, and vehicle replacements. During the year, the Public Improvement program spent $151,925 making these improvements.
Art in Public Places Fees
Art in Public Places Fees collected $277,152 during fiscal year 2023/24 to support public art and cultural initiatives. The program spent $131,881 on public art displayed at the Indian Wells Golf Resort. Additionally, the City is developing a new Art in Public Places project that aligns with the Council's goals.
Storm Drain Facilities Fees
As of June 30, 2024, the City has not yet generated revenue from the Storm Drain Facilities Fees designated for infrastructure improvements related to new developments, including potential projects along the Whitewater Storm Channel.
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 the ordinance 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. Annual Developer Report FY 2023-24
Council Agenda- December 19, 2024
City of Indian Wells
Park Facilities Fees - Fund 310
As of June 30, 2024
The purpose of this fee is to fund park facilities to meet the demands of new development.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23
Revenue 10,180 20,903
Interest - -
TOTAL REVENUE 10,180 20,903
Expenditures 31,083 -
Revenue Over (Under) Expenditures (20,903) 20,903 Beginning Fund Balance 20,903 -
Ending Fund Balance - 20,903
PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23
Golf Resort Redesign to expand Facilities 31,083 - TOTAL 31,083 -
Expenditures to Date 31,083 -
Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24 ATTACHMENT #1
Council Agenda- December 19, 2024
City of Indian Wells
Transportation Facilities Fees - Fund 311
As of June 30, 2024
The purpose of this fee is to fund construction improvements that add capacity to the system of transportation facilities that serves new development.
This fee replaces the Highway 111 Circulation Improvement Fee.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23
Revenue 63,862 86,152
Interest - 220
TOTAL REVENUE 63,862 86,372
Expenditures 151,926 150,000
Revenue Over (Under) Expenditures (88,064) (63,628) Beginning Fund Balance (63,628) -
Ending Fund Balance (151,692) (63,628)
PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23
Pavement Management Program
Complete Streets
Washington Street Traffic Flow Improvements
Highway 111 improvements 150,000
Warner Trail Right Turn Lane Expansion 151,926
Miles Avenue Bridge Repair
TOTAL 151,926 150,000
Expenditures to Date 301,926 150,000
Expenditures to Date
301,926
Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24
Council Agenda- December 19, 2024
City of Indian Wells
Storm Drain Facilities Fees - Fund 312
As of June 30, 2024
The purpose of this fee is to fund improvements and infrastructure to add to the system of storm drain facilities to serve new development.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23
Revenue - -
Interest - -
TOTAL REVENUE - -
Expenditures - -
Capital Reserve - -
Revenue Over (Under) Expenditures - - Beginning Fund Balance - -
Ending Fund Balance - -
PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23
- -
TOTAL - -
Expenditures to Date - -
Expenditures to Date
-
Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24
Council Agenda- December 19, 2024
City of Indian Wells
Recreation Facilities Fees - Fund 313
As of June 30, 2024
The purpose of this fee is to fund recreation facilities to meet the demands of new development.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23
Revenue 107,966 172,568
Interest 441
TOTAL REVENUE 107,966 173,009
Expenditures 439,002 434,825
Revenue Over (Under) Expenditures (331,036) (261,816) Beginning Fund Balance (261,816) -
Ending Fund Balance (592,852) (261,816)
PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23
Golf Resort Redesign to expand Facilities
Energy Efficiency Solar Project 439,002 434,825 TOTAL 439,002 434,825
Expenditures to Date 439,002 434,825
Expenditures to Date
439,002
Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24
Council Agenda- December 19, 2024
City of Indian Wells
Park - in - Lieu Fees - Fund 314
As of June 30, 2024
The fees collected by this fund are used for the acquisition, construction, and maintenance of parks, recreation and open space capital improvement projects.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23 06/30/22 06/30/21 06/30/20 Prior Years Revenue 74,752 111,021 692,999 40,194 82,504 2,153,564 Interest - - - 4 126,170 TOTAL REVENUE 74,752 111,021 692,999 40,198 82,504 2,279,734 Expenditures 86,177 2,822 1,073,726 - - 3,505,221 Revenue Over (Under) Expenditures (11,425) 108,199 (380,727) 40,198 82,504 (1,225,487) Beginning Fund Balance (1,375,313) (1,483,513) (1,102,785) (1,142,983) (1,225,487) (1,274,655) Ending Fund Balance (1,386,738) (1,375,313) (1,483,513) (1,102,785) (1,142,983) (1,225,487) PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23 06/30/22 06/30/21 06/30/20 Prior Years Parkland Acquisition 1,073,726 -
Fairway Park 86,177 2,822 -
Community Development 9,480
GRIW Sand Trap Renovation 342,437
GRIW Greens 187,862
GRIW Landscape 302,027
GRIW Sprinkler Replacement 212,094
GRIW Equipment Acquisition 280,226
GRIW Course Construction 2,171,095
TOTAL 86,177 2,822 1,073,726 - - 3,505,221 Expenditures to Date 4,667,946 3,505,221
Total Revenues Subject to Excess Expenditures=In C
5 yr Limitation (Under) Expenditures=Non
Expenditures to Date Through 6/30/19 As of 6/30/24
4,667,946 2,279,734 2,388,212 Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24
Council Agenda- December 19, 2024
City of Indian Wells
Citywide Public Improvement Fee - Fund 315
As of June 30, 2024
The fees collected by this fund are used for the acquisition and construction of general governmental capital improvement projects.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23 06/30/22 06/30/21 06/30/20 Prior Years Revenue 24,364 91,745 241,433 79,648 151,829 5,954,388 Interest - 359 (11,988) (67) 1,970 873,139 TOTAL REVENUE 24,364 92,104 229,445 79,581 153,799 6,827,527 Expenditures 151,925 150,000 229,314 154,081 79,300 6,827,526 Revenue Over (Under) Expenditures (127,561) (57,896) 131 (74,500) 74,499 1 Beginning Fund Balance (57,765) 131 (0) 74,500 1 (2,488) Ending Fund Balance (185,326) (57,765) 131 (0) 74,500 1 PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23 06/30/22 06/30/21 06/30/20 Prior Years Civic Centre Corp Yard 74,024
Civic Center Dev 18,465
Sheriff Sub Station 6,133
Add'l Bus Shelters 37,800
Emg.Generator 12,500
Council Cham.Modif.16,371
ADA Upgrade-City Hall 2,847
Racquet Cl. Signal 21,322
Racquet Cl.Entrance 9,788
Hwy 111 Medians 22,301
City Hall Expansion 1,132,499
Civic Center Improvements 136,073
Miles Ave Bridge 229,314 154,081 79,300 2,920,265 Maintenance Yard Improvements 9,811 150,000
Changable Message Signs 10,401
License Plate Readers 131,713
Transfers Out 2,417,138
TOTAL 151,925 150,000 229,314 154,081 79,300 6,827,526 Expenditures to Date 7,592,146 6,827,526
Total Revenues Subject to Excess Expenditures=In Compliance 5 yr Limitation (Under) Expenditures=Non-Compliance
Expenditures to Date Through 6/30/19 As of 6/30/24
7,592,146 6,827,527 764,619 Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24
Council Agenda- December 19, 2024
City of Indian Wells
Art in Public Places - Fund 319
As of June 30, 2024
The fees collected by this fund are used to support art and culture throughout the city.
Fee Schedules are available in the Building Department.
PART 1
Cash Balance, Revenue, Expenditures, Ending Cash Balance 06/30/24 06/30/23 06/30/22 06/30/21 06/30/20 Prior Years Revenue 277,152 182,409 161,488 15,630 26,283 1,458,273 Interest 30,294 11 (14,702) 365 4,741 174,118 TOTAL REVENUE 307,446 182,420 146,786 15,995 31,024 1,632,391 Expenditures 131,881 - - - 41,259 1,474,297 Revenue Over (Under)
Expenditures 175,565 182,420 146,786 15,995 (10,235) 158,094 Beginning Fund Balance 494,155 311,734 164,949 148,954 159,189 144,212 Ending Fund Balance 669,720 494,155 311,734 164,949 148,954 159,189 PART 2
Compliance With Government Code 66001
Projects:
06/30/24 06/30/23 06/30/22 06/30/21 06/30/20 Prior Years Planning 186
Art study 3,029
Path of the Bighorn Ram Art 12,000
Grove Gate North 529
City Monuments 45
Civic Center Enhance.98
Walk of Honor Memorial 326,416
Entrance Signs 80,809
Indian Wells Lane Fountains 65,800
Indian Wells Golf Resort -Public Art 131,881 224,061 Cook/Hwy 111 Entry Monuments - - 41,259 569,404 Carl Bray Interpretive Exhibit 191,919
TOTAL 131,881 - - - 41,259 1,474,296 Expenditures to Date 1,647,436 1,474,296
Total Revenues Subject to Excess Expenditures=In Compliance 5 yr Limitation (Under) Expenditures=Non-Compliance
Expenditures to Date Through 6/30/19 As of 6/30/24
1,647,436 1,632,391 15,046 Revised: 12/12/2024,12:08 PM T:\Kevin\fee and fee studies and policies\developer impact fees\current developer impact fees\Dev-fee fy24
Council Agenda- December 19, 2024
26529.00000\42589088.2
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Attorney
Prepared by: Todd Leishman, Best, Best, & Krieger LLP
Subject: Ordinance Amending Chapter 21.85 of the Indian Wells Municipal Code Regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units to Comply with Recent
Changes in State Law
RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 760, by title only and waives further reading amending Chapter 21.85 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the action to be exempt from California Environmental Quality Act under public resources.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
ATTACHMENTS:
1. Ordinance No. 760
Council Agenda- December 19, 2024
93939.00059\42726913.2
ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
INDIAN WELLS AMENDING CHAPTER 21.85 OF THE CITY
OF INDIAN WELLS MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Indian Wells, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, on October 31, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on November 7, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
ATTACHMENT #1
Council Agenda- December 19, 2024
City of Indian Wells
Ordinance No. 760
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
SECTION 4. Code Amendment. Chapter 21.85 of the Indian Wells Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 44950 Eldorado Drive, Indian Wells, California 92210.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
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Council Agenda- December 19, 2024
City of Indian Wells
Ordinance No. 760
PASSED APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 19th day of December 2024.
________________________
GREG SANDERS
MAYOR
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 760
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 760 , having been regularly introduced at a regular meeting of November 7, 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 December 19, 2024 and said Ordinance was passed and adopted by the following stated vote, to wit:
AYES:
NOES:
and was thereafter on said day signed by the Mayor of said City of Indian Wells.
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
Council Agenda- December 19, 2024
City of Indian Wells
Ordinance No. 760
EXHIBIT A-1: ADU REGULATIONS THAT COMPLY WITH SB 1211 & AB 2553 (2024) Chapter 21.85 Accessory Dwelling Units
§ 21.85.010. Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 21.85.020. Effect of Conforming.
An ADU or JADU that conforms to the standards in this Chapter will not be:
(a) Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.
(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. (c) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) Required to correct a nonconforming zoning condition, as defined in subsection §
21.85.030(h) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
§ 21.85.030. Definitions.
As used in this section, terms are defined as follows:
(a) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(1) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(2) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
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Ordinance No. 760
(c) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(d) “Efficiency kitchen” means a kitchen that includes all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(e) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(1) It is no more than 500 square feet in size.
(2) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (3) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(4) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(5) It includes an efficiency kitchen, as defined in subsection § 21.85.030(d) above. (f) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(g) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(i) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(j) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(k) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
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Ordinance No. 760
(l) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. § 21.85.040. Approvals.
The following approvals apply to ADUs and JADUs under this Chapter:
(a) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection § 21.85.050 below, it is allowed with only a building permit in the following scenarios:
(1) Converted on Single-family Lot: One ADU as described in this subsection §
21.85.040(a)(1) and (1) JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
(2) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection § 21.85.040(a)(1) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection § 21.85.050(b) below.
(3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection § 21.85.040(a)(3), at least one (1) converted ADU
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Ordinance No. 760
is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot: No more than two (2) detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection § 21.85.050(b) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (b) ADU Permit.
(1) Except as allowed under subsection § 21.85.040(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections § 21.85.050 and § 21.85.060 below. (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance.
The ADU-permit processing fee is determined by the Community Development Director and approved by the City Council by resolution. (c) Process and Timing.
(1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family
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Ordinance No. 760
or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection § 21.85.040(c)(2) above.
(4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. § 21.85.050. General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under subsections §
21.85.040(a) or § 21.85.040(b) above:
(a) Zoning.
(1) An ADU subject only to a building permit under subsection § 21.85.040(a) above may be created on a lot in a residential or mixed-use zone. (2) An ADU subject to an ADU permit under subsection § 21.85.040(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(3) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(b) Height.
(1) Except as otherwise provided by subsections § 21.85.050(b)(2) and §
21.85.050(b)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
(2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
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Ordinance No. 760
(4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection § 21.85.050(b)(4) may not exceed two stories. (5) For purposes of this subsection § 21.85.050(b), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created. (e) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (f) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (g) Owner Occupancy.
(1) ADUs created under this section on or after January 1, 2020 are not subject to any owner-occupancy requirement.
(2) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection § 21.85.050(g)(2) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
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Ordinance No. 760
(1) Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.
(2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Community Development Director, providing evidence that the ADU or JADU has in fact been eliminated.
The Community Development Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Community Development Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(5) The deed restriction is enforceable by the Community Development Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (i) Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. (2) Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.
(j) Building & Safety.
(1) Must comply with building code. Subject to subsection § 21.85.050(j)(2) below, all ADUs and JADUs must comply with all local building code requirements.
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Ordinance No. 760
(2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection § 21.85.050(j)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
§ 21.85.060. Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under subsection §
21.85.040(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this subsection §
21.85.060 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two (2) or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. (3) Application of other development standards in this subsection § 21.85.060, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection § 21.85.060(a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this subsection § 21.85.060 may cause the total FAR of the lot to exceed 45 percent, subject to subsection § 21.85.060(a)(3) above. (c) Setbacks.
(1) An ADU that is subject to this subsection § 21.85.060 must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection § 21.85.060 must conform to 25-foot front setbacks, subject to subsection § 21.85.060(a)(3) above. (2) No setback is required for an ADU that is subject to this subsection § 21.85.060 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) Lot Coverage. No ADU subject to this subsection § 21.85.060 may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection § 21.85.060(a)(3) above.
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Ordinance No. 760
(e) Minimum Open Space. No ADU subject to this subsection § 21.85.060 may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection §
21.85.060(a)(3) above.
(f) Passageway. No passageway, as defined by subsection § 21.85.030(i) above, is required for an ADU.
(g) Parking.
(1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection § 21.85.030(l) above.
(2) Exceptions. No parking under subsection § 21.85.060(g)(1) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection § 21.85.030(k) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection § 21.85.040(a)(1) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one (1) block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections § 21.85.060(g)(2)(i) through (v) above. (3) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(h) Architectural Requirements.
(1) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(2) The roof slope must match that of the dominant roof slope of the primary dwelling.
The dominant roof slope is the slope shared by the largest portion of the roof.
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Ordinance No. 760
(3) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(4) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(5) The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet. (6) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
(7) All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(i) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall.
(2) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. (3) All landscaping must be drought-tolerant.
(4) All landscaping must be from the City’s approved plant list. (j) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(k) Allowed Stories. No ADU subject to this subsection § 21.85.060 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph § 21.85.050(b)(4) of this section. § 21.85.070. Fees.
The following requirements apply to all ADUs that are approved under subsections § 21.85.040(a) or § 21.85.040(b) above.
(a) Impact Fees.
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Ordinance No. 760
(1) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection § 21.85.070(a), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.
Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) (b) Utility Fees.
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. (2) Except as described in subsection § 21.85.070(b)(1), converted ADUs on a single- family lot that are created under subsection § 21.85.040(a)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. (3) Except as described in subsection § 21.85.070(b)(1), all ADUs that are not covered by subsection § 21.85.070(b)(2) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. (ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 21.85.080. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) Unpermitted ADUs and JADUs constructed before 2020. (1) Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
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(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 21.85).
(2) Exceptions:
(i) Notwithstanding subsection § 21.85.080(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
(ii) Subsection § 21.85.080(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
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INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Attorney
Prepared by: Todd Leishman, Best, Best, & Krieger LLP
Subject: Ordinance Amending Chapter 21.32 Relating to Time-Share Provisions of the Municipal Code
RECOMMENDED ACTIONS:
Council ADOPTS Ordinance No. 761 by title only and waives further reading 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 finding the action to be exempt from the provisions of the California Environmental Quality.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action has been reviewed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City, acting as Lead Agency, has determined this action is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this ordinance only affirms and clarifies existing regulations regarding time-share uses within the City and merely authorizes administrative and implementation activities which will not result in a direct or reasonably foreseeable indirect physical change to the environment.
Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
ATTACHMENTS:
1. Ordinance No. 761
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WHEREAS, the City of Indian Wells is a popular tourist destination, known for its world- class resorts and small town residential-resort character; and WHEREAS, preserving the quality and character of the City has been a focal point of the City’s land use planning for decades; and
WHEREAS, the City stands out in the Coachella Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City’s tourist economy is key to maintaining a sustainable community and a stable economy; and
WHEREAS, the City values and welcomes all visitors to the City and recognizes their contributions to the City’s economy, but finds that in order to maintain the City’s long-term viability as a community where people not only come to visit, but also live, work, and contribute to the long-term betterment of the community through participation in the City’s schools, local community groups, civic government, and local serving businesses, the City must maintain a balance between residential land uses and visitor-serving uses; and WHEREAS, the City’s existing housing stock is significantly impacted, with demand outweighing supply, resulting in extremely high housing prices as detailed in the accompanying staff report. A limited supply of suitable vacant land, exorbitantly high land costs, and limitations in the City’s existing infrastructure, among other factors, can constrain the construction of additional housing in the City; and
WHEREAS, as noted in the Housing Element of the City’s General Plan, which was certified in July 2024, the City is actively seeking to address the City’s housing challenges and facilitate the development of affordable housing; and
WHEREAS, these efforts have highlighted the challenge of providing sufficient housing to meet demand, particularly at more affordable levels, due to the significant costs of acquiring housing or land for the development of housing in the City and the limited supply of such land; and
WHEREAS, the conversion of existing residential units to uses other than long-term residential use will further reduce the City’s existing long-term housing supply, causing further imbalance between the demand for housing in the City and the existing supply, not only altering the character of the City’s residential neighborhoods, but also presenting further challenges to the City’s efforts to provide affordable housing within the community; and ATTACHMENT #1
ORDINANCE NO. 761
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADDING CHAPTER 21.32 “TIME-SHARE USES” TO TITLE 21 OF THE INDIAN WELLS MUNICIPAL CODE; DELETING SECTION
21.04.090; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060(C)(2), 15060(C)(3), AND 15061(B)(3)
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Ordinance No. 761
WHEREAS, the City additionally has, for many years, worked to preserve its existing housing stock for long-term residential use, both to maintain the character of its residential neighborhoods and prevent residential districts from becoming visitor- and tourist-serving districts, and to ensure that the housing stock would not be converted to uses other than long- term residential uses; and
WHEREAS, to this end, in 1996, the City adopted Ordinance No. 387, which prohibited the creation of time-share projects as a use within any zone of the City, with only two exceptions for legacy projects. The City imposes this restriction because (a) the use of land and the conversion of residential dwelling units to time-share projects would reduce the availability of residential dwelling units that would otherwise be available for long-term occupancies and (b) time-share projects are inappropriate in residential areas because those uses have the same character as commercial hotels, motels, and other transient-occupancy uses and would result in increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods; and
WHEREAS, the City has historically not received complaints about time-sharing uses in residential neighborhoods (because they are clearly prohibited). In recent years, however, the City began receiving complaints regarding single-family homes in the City that were being marketed and sold as “fractional ownership” or “co-ownership” homes, wherein each buyer may acquire a one-eighth interest in a limited liability company that owns the home. Under the structure through which these dwelling units are marketed and sold, each owner gets a one- eighth share along with the right to use the home for one-eighth of each year indefinitely. During each owner’s usage period, that owner has exclusive use of the entire house. All rentals are prohibited; only owners and their guests are permitted to use the house. Each owner pays regular assessments to fund the operating costs of the home and maintenance reserves; and
WHEREAS, this arrangement, which provides that each purchaser is entitled to exclusive use of the property for a fixed number of days each year, is a “time-share plan” as defined in Business and Professions Code section 11212, and a “time share project” as defined in Section
21.08.462 and a “time share program” as defined in Section 3.12.020 of the City’s Municipal Code; and
WHEREAS, the City is aware of numerous complaints regarding these properties in the City and elsewhere, including parking impacts from large numbers of people staying at these properties; excessive noise late into the evening due to frequent outdoor parties; traffic due to frequent visitor turnover; traffic, noise and parking concerns due to frequent visits from cleaning, landscape maintenance and pool cleaning services that come to the properties in between each stay to prepare the home for the next guest; and an inability to maintain lines of communication to set community expectations with the users of the unit, as visitors only frequent the homes for short term stays of 2 to 14 days; and
WHEREAS, the complaints received by the City and other jurisdictions are reflective of the reasons that the City prohibited time-share projects within residential areas of the City. The time-share uses provide a short-term, high-impact, vacation-oriented use of property, where those that buy into the time-share use the home for entertaining and short-term stays while
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City of Indian Wells
Ordinance No. 761
visiting golf courses and other tourist-oriented locations in Indian Wells and the surrounding Coachella Valley; and
WHEREAS, this high-impact use, combined with the frequent turnover and commercial management of these properties is not consistent with the residential districts in which they are located. It is commercial in nature, in that these time-share uses are structured as a short-term, tourist-oriented, visitor-serving use of the subject properties. The use of these properties as time- shares adds excessive noise and traffic to residential districts by using these properties for high- impact tourist-oriented uses more appropriately located in commercial districts of the City; and
WHEREAS, expanded use of residential properties for time-share uses will further reduce the availability of housing stock for long-term residential use, and create a new demand for time- share uses of residential properties; and
WHEREAS, this encroachment of tourist-oriented, visitor-serving uses in residential neighborhoods will not only compromise the residential character of these areas, but will also further increase the costs for housing in the City, undermining the City’s efforts to provide a balance of housing for all income levels in the City; and
WHEREAS, the City’s authority to enact zoning ordinances is based on the powers accorded cities and counties under the state constitution to make and enforce police regulations.
This police power grants the City broad authority to regulate the development and use of real property within its jurisdiction to promote the public welfare; and
WHEREAS, in accordance with this authority, the City Council desires to reaffirm its restrictions on time-share uses in residential areas, and to update the language of the Zoning Code to provide consistency with the terminology used to define time-share uses in state law; and
WHEREAS, the Planning Commission of the City of Indian Wells held a duly noticed public hearing on August 29, 2024, as required by law to consider all the information presented by staff, and public testimony presented in writing and at the meeting; and WHEREAS, on August 29, 2024, the Planning Commission of the City of Indian Wells held a duly noticed public hearing, as required by law, to consider all the information presented by staff, and public testimony presented in writing and recommended the City Council approve this Ordinance amending the Municipal Code as described herein; and WHEREAS, on September 5, 2024, the City Council held a duly noticed public hearing, accepted testimony from the public, considered the Planning Commission’s recommendation, and discussed the proposed amendments and staff’s recommended approval of this ordinance; and
WHEREAS, on October 24, 2024, the City Council held a second hearing on the ordinance and directed the city attorney to revise the draft ordinance and bring it back for re-introduction; and
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City of Indian Wells
Ordinance No. 761
WHEREAS, the proposed zoning amendments are consistent with the General Plan goals, policies and implementation programs as the ordinance will continue to preserve the small-scale residential-resort character of the City of Indian Wells; will preserve the City’s residential districts for residential uses; and will help to preserve the City’s existing housing stock for long-term residential uses to avoid further exacerbating the existing impacts on the City’s housing supply; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are hereby incorporated as though set forth in this section.
SECTION 2. Chapter 21.32 is hereby added to Title 21 of the Indian Wells Municipal Code, to read in its entirety as follows:
“Chapter 21.32 TIME-SHARE USES
21.32.010 Purpose and Findings
21.32.020 Definitions
21.32.030 Time-share Uses Restricted
21.32.040 Violations, Enforcement and Civil Penalties
21.32.010 Purpose and Findings
A. There is a critical shortage of permanent, long-term housing in the City of Indian Wells.
B. A limited supply of suitable vacant land, land values, and market demand for land for other uses have limited the construction of additional housing in the City.
C. The City is a popular tourist destination known for its scenic Coachella Valley location, exceptional resorts, and small-town character.
D. The City stands out in the Coachella Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City’s tourist economy is key to maintaining a sustainable community and a stable economy.
E. Time-share uses are not an appropriate land use in the City’s residential districts due to the multiple transitory occupancy of time-share properties, the short-term tourist-oriented use of such property, and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial- level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.
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City of Indian Wells
Ordinance No. 761
F. Conversion of permanent housing to time-share facilities removes existing housing units from the City’s existing stock and exacerbates an already severe housing shortage.
G. It is therefore in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to tourist-oriented, commercial use.
21.32.020 Definitions
For purposes of this Chapter, the following words and phrases have the meaning respectively ascribed to them by this Section:
“Accommodation” means any dwelling unit, apartment, condominium, condominium hotel or hotel unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a multifamily dwelling, all as defined in Chapter 21.08.
“Building” shall have the meaning ascribed to it by Chapter 21.08. “Dwelling unit” shall have the meaning ascribed to it by Chapter 21.08. “Managing entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.
“Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof. “Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.
“Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof. “Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.
“Time-share property” means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations. “Time-share use” means the use of one or more accommodations or any part thereof, as a time- share property pursuant to a time-share plan.
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City of Indian Wells
Ordinance No. 761
21.32.030 Time-share Uses Restricted
A. Except as hereinafter provided, time-share uses are prohibited in all zones within the City.
B. The following two time-share uses (previously referred to as time share projects), which were in existence as of October 16, 1980, shall be permitted subject to the following limitations:
1. Sweetwater Condoshare. The forty-four (44) condominium units designated in a document filed with the City Clerk's office as Palm Springs Condoshare Project I; and
2. Worldwide Vacations. The forty-eight (48) hotel rooms are currently in existence and located at 75-188 Highway 111.
C. The following two time-share uses, which were in existence as of January 1, 2024, shall be permitted subject to the limitations in subsection D below:
1. The “co-owned home” located at 77003 Iroquois Drive; and
2. The “co-owned home” located at 45655 Apache Road.
D. The two time-share uses identified in subsection C above are permitted subject to the following restrictions:
1. Rental of any part of the dwelling or property for fewer than 30 days is prohibited.
2. Commercial events are prohibited.
3. Large gatherings are prohibited. For purposes of this paragraph, “large gathering” means a gathering with more people than the twice the number of bedrooms in the dwelling.
4. All violations of the city’s noise ordinance or any other part of the city’s code are prohibited.
5. All vehicles for users of the dwelling must be parked in the garage or driveway or otherwise legally parked.
6. Weapons at the property are prohibited.
7. Unlawful substances are prohibited.
8. Unlawful activities are prohibited.
21.32.040 Violations, Enforcement, and Civil Penalties
A. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the
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Ordinance No. 761
availability for sale or use of an accommodation in violation of this chapter is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation punishable in accordance with Chapter 1.16.
B. Time-share use or advertisement for time-share use of an accommodation in violation of this chapter is a threat to public health, safety, or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated or restored by the enforcement official and also may be abated in accordance with Chapter 1.16, except that the civil penalty for a violation is $1,000.00 for each offence. Each day the violation occurs constitutes a separate offense.
C. Any responsible person who violates this chapter is liable and responsible for a civil penalty of $1,000.00 per violation per day that such violation occurs. The City may recover such civil penalty by either civil action or administrative citation. Such penalty is in addition to all other costs incurred by the City, including without limitation the City’s staff time, investigation expenses, and attorney’s fees.
1. When the City proceeds by civil action, the court has discretion to reduce the civil penalty based on evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this chapter. In any such civil action the City also may abate or enjoin any violation of this chapter.
2. When the City proceeds by administrative citation, Chapter 1.20 governs.
D. Any violation of this chapter may also be abated or restored by the enforcement official and also may be abated in accordance with Chapter 1.16, except that the civil penalty under Chapter 1.16 for a violation is $1,000.00.
E. Each day the violation of this chapter occurs constitutes a separate offense.
F. The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity.”
SECTION 3: Deletion of Section 21.04.090. Section 21.04.090 is hereby deleted in its entirety.
SECTION 4: CEQA. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (the “Guidelines”), and the environmental regulations of the City. The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” under Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations.
Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.
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City of Indian Wells
Ordinance No. 761
SECTION 5: Effective Date. This ordinance takes effect 30 days after adoption.
SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.
SECTION 7: Severability. If any section, sentence, clause, or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality does 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 8: Publication. The City Clerk is hereby directed to 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, must 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 19th day of December, 2024.
______________________________
GREG SANDERS
MAYOR
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City of Indian Wells
Ordinance No. 761
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 761
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 761, having been regularly introduced at the meeting of November 7, 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 19th of December, 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.
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
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INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Attorney
Prepared by: Best Best & Krieger LLP, City Attorney
Subject: Review of Mayoral and Mayor Pro Tem Rotation Under Indian Wells Municipal Code Section 2.08.160
RECOMMENDED ACTION:
Council RECEIVES and FILES the City Attorney’s review of Mayoral and Mayor Pro Tem rotation under Municipal Code Section 2.08.160; and FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
Annually, the City of Indian Wells conducts a rotation of City Council leadership. This report outlines this annual process as contained within the Indian Wells Municipal Code.
Section 2.08.160 of the Municipal Code governs succession of council leadership and was enacted and then amended by the voters by way of two measures, Measure Q (2012) and Measure I (2020), respectively. Under the amended section (Attached), mayoral and mayor pro tem (“MPT”) succession are determined as follows:
1. Eligibility. Only members of the Council who have “completed at least one … year of service during his or her current continuous membership on the City Council” are eligible for appointment as mayor or MPT, unless no other no other member is able or willing to serve.
2. Length of current service, without having been mayor. The eligible member “having the longest current continuous membership on the City Council without serving as Mayor” has priority for appointment as mayor.
Once the mayor is appointed, the MPT is selected from the remaining eligible members using the same criteria: The member “having the second longest current continuous membership on the City Council without serving as Mayor” has priority. (Note, the criterion is not time without having been MPT. Priority for each position is determined by reference to service as mayor.)
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3. Service as mayor “during current continuous membership.” As between two eligible members who are equally qualified under 2 above, a member who has not yet served as mayor “during the period of [that member’s] current continuous membership” has priority.
E.g., if two members have both served as mayor in the past, and if both began their period of current continuous membership at the same time, but one has not yet served as mayor during that period and the other has — the first has priority.
4. Most Votes. If two eligible members are still tied for priority at that point, priority for appointment is determined by the number of votes that each member received “in his or her most recent election” to the Council: More votes gets higher priority.
5. Flip a Coin. Finally, if priority is not established by steps 1–4 above, the member “whose name is then drawn by lot or other random procedure” is appointed mayor.
If necessary, the process should be repeated for MPT.
These procedures normally result in a predictable order of succession, but with Measure I the voters added the possibility of a councilmember deferring for a year and retaining priority.
Deferral Changes the Order
As the Council and public are aware, Indian Wells voters overwhelmingly approved Measure I in March 2020. The measure amended the code to allow a councilmember who has priority to serve as mayor or MPT, as established by the process described above, to defer appointment for one year.
When that happens, priority for the declined position goes to the member with the highest priority among the remaining eligible councilmembers. The declining member remains in the “pool” of eligible members and retains priority for one year.
Legal Advice and Council Interpretation and Appointment Below is the City Attorney’s interpretation of Section 2.08.160, offered for the Council’s consideration. The Council has authority to interpret the code and to resolve any ambiguities. “It is well established that where the voters have altered their charter [or code] by initiative measure, but the terms of the amendment are ambiguous … the legislative body may interpret the initiative in order to harmonize it with existing law.” The Council appoints the mayor and MPT, based on its interpretation.
As was stated in connection with prior rotation, it is the City Attorney’s interpretation that Section 2.08.160 gives highest priority to
1. eligible members who have not ever served as mayor, during any period of Council membership;
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2. then to a member who has not yet served “during the period of current continuous membership”;
3. then to the member who received the most votes in his or her most recent election; and
4. then finally to the member who wins the coin toss
City Attorney Interpretation as Applied to 2024–2025 Succession It is the City Attorney’s legal opinion that MPT Whitman has priority to serve as mayor, with Councilmember Reed having priority to serve as MPT.
MPT Whitman has priority to serve as mayor.
Only three of the five members of the current Council will have served for a year or more when the Council is reorganized on December 19, 2024, so only those three will be eligible to serve as mayor or MPT. Neither Councilmembers-elect Toper nor Councilmember-elect Penna will yet have “completed at least one … year of service during his … current continuous membership on the City Council,’ so they will not yet be eligible to serve as mayor or MPT.
Of the three remaining members, only MPT Whitman has not yet served as mayor. Greg Sanders is currently serving as mayor, and Dana Reed served as mayor immediately before Mayor Sanders.
Because MPT Whitman is eligible and has not yet served as mayor, he has priority to serve as mayor now.
Councilmember Reed has priority to serve as MPT.
With the two new Councilmembers-elect being not yet eligible, Dana Reed has priority to serve as MPT because as between him and Greg Sanders, Mr. Reed has the most time since serving as mayor (Mr. Sanders having just completed a year as mayor).
City Attorney Interpretation as Applied to 2025–2026 Succession Councilmember-elect Taylor has priority to serve as mayor and Councilmember-elect Penna has priority to serve as MPT starting in December 2025.
By then, both will have “completed at least one … year of service during his … current continuous membership on the City Council,” so both will have become eligible to serve as mayor or MPT.
Neither will have ever served as mayor before and both will have the same length of continuous service on the Council without having served as mayor. So priority to serve
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as mayor will go to the member who received the most votes in his most recent election, and priority to serve as MPT will go to the other.
According to the certified election results, Mr. Taylor received more votes than Mr. Penna in the November 2024 election, so Mr. Taylor will have priority to serve as mayor, and Mr. Penna will have priority to serve as MPT.
As explained above, our office reached these conclusions based on the text of Section
2.08.160, as amended by the voters through Measures Q and I, as well as upon certain assumptions and inferences from the text.
The City Attorney provides this opinion and interpretation to aid the Council as it determines how to interpret and apply Section 2.08.160 and appoint a mayor and MPT on December 19.
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. Municipal Code 2.08.160
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§ 2.08.160. Appointment of Mayor and Mayor Pro Tempore. (a) It is the purpose and intent of this Section to provide for an automatic annual rotation of Council Members who occupy the positions of Mayor and Mayor Pro Tempore. The automatic annual rotation is further intended to permit as many Council Members as possible to have an opportunity during their membership on the City Council to occupy the position of Mayor and Mayor Pro Tempore. This Section shall not be amended or repealed without first obtaining the approval of a majority of those persons voting on any such proposed amendment or repeal at a general or special municipal election called for this purpose. (b) At the first regular meeting of the City Council in December of each year, or as soon thereafter as reasonably possible in the event any newly elected Council Members have not yet taken office due to delayed certification of election results, the City Council shall appoint from among the Council Members the Mayor and the Mayor Pro Tempore to immediately assume those positions, as applicable.
Appointment to the position of Mayor and Mayor Pro Tempore shall be made on a rotating basis among all Council Members as follows, and the Mayor and Mayor Pro Tempore shall serve until their applicable successor is appointed or they resign or vacate the applicable position due to inability to fulfill the responsibilities of that position, as defined in subsection (c):
(1) The Council Member having the longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor. (2) The Council Member having the second longest current continuous membership on the City Council without serving as Mayor shall be appointed Mayor Pro Tempore.
(3) If two or more Council Members equally qualify hereunder for appointment as Mayor, any Council Member who has not previously served as Mayor during the period of current continuous membership of the qualified Council Member shall be appointed Mayor; and if two or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member who received the most votes among them in his or her most recent election to Council shall be appointed Mayor, and the Council Member who received the second most votes among them in his or her most recent election to Council shall be appointed Mayor Pro Tempore; and if two or more Council Members thereafter equally qualify hereunder for appointment as Mayor, the Council Member whose name is then drawn by lot or other random procedure shall be appointed Mayor, and the other Council Member shall be appointed Mayor Pro Tempore.
(4) If two or more Council Members equally qualify hereunder for appointment as Mayor Pro Tempore, the appointment of Mayor Pro Tempore shall be made in accordance with the same priority and criteria as otherwise set forth for appointment as Mayor in subsection (b)(3).
(5) A Council Member shall not be eligible for appointment as Mayor or Mayor City of Indian Wells, CA
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Pro Tempore until he or she has first completed at least one year of service during his or her current continuous membership on the City Council, unless no other Council Member can otherwise assume the position of Mayor or Mayor Pro Tempore due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c) or due to other qualifying Council Members declining an appointment to the position as set forth in subsection (d).
(6)If the position of Mayor becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Mayor Pro Tempore shall be appointed Mayor for the remainder of that term of Mayor, and shall be reappointed Mayor for the next full term of the position of Mayor if then qualified hereunder, unless he or she declines either appointment. Notwithstanding subsection (b)(5), the Mayor Pro Tempore shall be appointed to the position of Mayor even if, at the time the position of Mayor becomes vacant, he or she has not completed at least one year of service during his or her current continuous membership on the City Council. (7)If the position of Mayor Pro Tempore becomes vacant due to inability to fulfill the responsibilities of that position, as that term is defined in subsection (c), the Council Member next qualified to become Mayor Pro Tempore shall be appointed Mayor Pro Tempore for the remainder of that term of Mayor Pro Tempore, and shall be reappointed Mayor Pro Tempore for the next full term of the position of Mayor Pro Tempore if then qualified hereunder, unless he or she declines the appointment.
(c)A Council Member shall not be appointed Mayor or Mayor Pro Tempore, as applicable, and the Mayor or Mayor Pro Tempore shall be deemed to have vacated their position, as applicable, due to inability to fulfill the responsibilities of that position. As used in this Section, the term “inability to fulfill the responsibilities of that position” shall mean at least one of the following:
(1)Unexcused absences from more than four regular or special City Council meetings within the 12 month period prior to appointment as Mayor or Mayor Pro Tempore, as applicable, or during the period of service as Mayor or Mayor Pro Tempore, as applicable;
(2)Resignation from the position of Mayor or Mayor Pro Tempore, as applicable; (3)Death, or physical incapacity due to medical condition severely limiting the ability of the Mayor or Mayor Pro Tempore, as applicable, to perform ongoing duties assigned to them by City policy or the City Council; (4)Mental incapacity (such as by reason of severe stroke, serious head injury, serious nervous breakdown, or serious mental illness) of the Council Member otherwise qualified hereunder to be appointed to, or serve in the applicable position of Mayor or Mayor Pro Tempore, as reasonably determined at a public meeting by a majority of the full membership of the City Council; City of Indian Wells, CA
§2.08.160 §2.08.160
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(5)Upon the case-by-case determination by the City Council, in its discretion, to apply the following to the appointment, or removal, as applicable, of the Mayor or Mayor Pro Tempore, as applicable, via a censure resolution adopted at a public meeting by a majority of the full membership of the City Council, resulting from either: (i) a repeated failure of the Mayor or Mayor Pro Tempore, as applicable, to represent the City Council’s adopted positions when representing the City, and not him or herself individually, after the City Council had first provided a written warning concerning such failure; or (ii) a violation of a any requirement of law pertaining to conduct by public officials, other than as set forth in subsection (c)(6), as determined by final decision of a governmental commission, agency or officer not a part of the City; (6)Arrest while serving as Mayor or Mayor Pro Tempore, as applicable, for a felony or any crime of violence or moral turpitude; provided that if and when the prosecution of such felony or other crime is dismissed or otherwise terminated without a plea agreement or conviction, then the Council Member shall thereafter be placed in the highest priority behind the Mayor or Mayor Pro Tempore, as applicable, as otherwise set forth in subsection (b). (d)A Council Member who currently serves as Mayor or Mayor Pro Tempore may resign that position at any time during his or her term. Further, a Council Member who otherwise qualifies shall not be appointed Mayor or Mayor Pro Tempore if he or she voluntarily declines the appointment to the applicable position. (e)If a Council Member vacates the position of Mayor or Mayor Pro Tempore, or declines an appointment to either position, the following rules shall apply:
(1)If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to: (i) resignation; (ii) physical disability; or (iii) mental disability, as set forth in subsections (c)(2), (3) and (4) above, and so vacates during the first six months of his or her term, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member’s time of continuous service on the Council since his or her last appointment to the position of Mayor or Mayor Pro Tempore, as applicable. If the Councilmember so vacates during the last six months of his or her term, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, and only the Council Member’s time of continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).
(2)If the Council Member currently serves as Mayor or Mayor Pro Tempore, as applicable, and vacates that position due to: (i) unexcused absences from Council meetings: or (ii) removal by the City Council via censure resolution, as set forth in subsection (c)(1) and (5), the Council Member shall not retain priority under subsection (b) for a future appointment to the position of Mayor or Mayor Pro Tempore, as applicable, and only the Council Member’s time of City of Indian Wells, CA
§2.08.160 §2.08.160
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(Ord. 666 § 1, 2012;Ord. 729 § 1, 2020)
continuous service on the Council accruing after so vacating shall count toward any future appointment under subsection (b).
(3)If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for the first time, the Council Member shall retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tempore, as applicable, based upon the Council Member’s time of continuous service on the Council. (4)If the Council Member has never served as Mayor or Mayor Pro Tempore, as applicable, and the Council Member declines an appointment to that position for a second time, the Council Member shall not retain priority under subsection (b) for a future appointment as Mayor of Mayor Pro Tem, as applicable, and only the Council Member’s time of continuous service on the Council accruing after his or her second declining of said appointment shall count toward any future appointment to that position under subsection (b).
Notwithstanding the above, a Council Member who declines a second appointment shall still be deemed to have satisfied the minimum one-year Council service requirement for any future appointment under subsection (b)(5).
(5)If the Council Member has previously served as Mayor or Mayor Pro Tempore, as applicable, during his or her current continuous membership on the City Council, and is later nominated to that position again, the Council Member may decline the appointment once and retain priority for a future appointment as set forth in subsection (e)(3), based upon the Council Member’s time of continuous service on the Council since last serving as Mayor of Mayor Pro Tempore, as applicable. If he or she declines the appointment a second time, the Council Member shall not retain priority for a future appointment as set forth in subsection (e)(4).
(f)As used in this Section, the terms “qualify,” “qualified” and “qualify hereunder” mean that a Council Member meets the priority and criteria established for selection as Mayor or Mayor Pro Tempore, as applicable, as set forth in subsection (b).
City of Indian Wells, CA
§2.08.160 §2.08.160
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INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Indian Wells Golf Resort Advisory Committee Appointment
RECOMMENDED ACTIONS:
Council Sub-Committee recommends the Council APPOINT Jim Kent to fill the vacancy on the Golf Resort Advisory Committee for the remainder of the term ending on June 30, 2026; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
An unscheduled vacancy on the Golf Resort Advisory Committee has occurred due to the election of Dr. Toper Taylor to the Indian Wells City Council. Dr. Taylor submitted his resignation from the Golf Resort Advisory Committee prior to being sworn in as a new Council Member. The City's annual recruitment was conducted in April 2024 with appointments in June 2024. Dr. Taylor was reappointed to a two-year term that expires June 30, 2026.
The Council has authority to make appointments with current applications for unexpected vacancies. Per Council Policy Manual section 3.03.070 (g)(3)-Unscheduled Vacancies, “the Council may consider candidates for unscheduled or foreseen committee vacancies that occur within a 6-month period of the annual recruitment. Following the conclusion of the annual recruitment, applicants will remain active in the City Clerk’s office for 6 months.”
The Council Sub-Committee of Council Member Griffith and Council Member Peabody conducted the initial review and interviews of the applications submitted. The Council Sub-Committee is recommending the Council appoint Mr. Jim Kent to fill the unexpected vacancy for the remainder of the term ending on June 30, 2026.
Alternatively, the City Council could instruct City staff to conduct a new recruitment for the unscheduled vacancy.
Council Agenda- December 19, 2024
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).)
Council Agenda- December 19, 2024
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Indian Wells Preservation Foundation Partnership Funding Request
RECOMMENDED ACTIONS:
Council CONSIDERS the Indian Wells Preservation Foundation partnership request; and
DELEGATES the review of the partnership funding request to the Finance Committee; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
The Indian Wells Preservation Foundation (IWPF), founded in December 2001 and formally incorporated as a 501(c)(3) nonprofit organization in March 2022, is steadfastly committed to protecting and celebrating Indian Wells's unique heritage and cultural identity. As a community celebrated for its diverse architectural brilliance, storied neighborhoods, historic golf communities, and renowned world-class tennis tournament, Indian Wells is an extraordinary legacy that deserves preservation and promotion. The IWPF is committed to promoting awareness with the community, businesses, and neighboring cities.
The IWPF is a crucial component in ensuring this rich legacy is not only safeguarded but also brought to life through strategic programs and initiatives. By fostering awareness among residents, collaborating with local businesses, and building meaningful partnerships with neighboring cities, the IWPF is advancing a shared view of honoring the past while enhancing the future. Through its work, the Foundation emphasizes the cultural significance of Indian Wells, indicating it as a beacon of history, innovation, and community pride.
Council Agenda- December 19, 2024
Strategic Partnerships and Community Engagement:
Over the last few years, the City and the IWPF have cultivated a robust partnership, working collaboratively on a range of community-focused initiatives through the Community Activities Committee. Key programs include:
IWPF Program FY 2023-24 Budget
Modernism Lecture $4,355.00
Earth/Arbor Day $2,168.00
Mayor Roundtable $300.00
Total: $6,823.00
IWPF Program FY 2024-25 Budget
Historic Landmark #7
Designation
$5,000.00
Total: $5,000.00
Additionally, the IWPF collaborates with the City on other notable initiatives, including Modernism Tours, the Historical Designation Program, Oral History Project, and offers a 20% discount on IWPF membership to residents. These efforts aim to preserve and enhance Indian Wells' cultural and historical heritage.
The IWPF is proposing an enhanced partnership with the City through an annual sponsorship of $11,000 (refer to Attachment #1), which would include $5,000 annual sponsorship of the historic landmark designation and up to six (6) additional City sponsored events at $1,000 each. This sponsorship would designate the City as the presenting sponsor for the agreed to IWPF events, granting a minimum of 12 tickets or seats to City representatives for each event. City staff recommend that the Finance Committee review this funding request. After evaluating it, the Committee will provide its recommendations to the City Council for consideration at a subsequent meeting.
FISCAL IMPACT:
The fiscal impact of the proposed sponsorship will be determined following the Finance Committee's review and analysis.
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
Council Agenda- December 19, 2024
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. IWPF Partnership Funding Request
Council Agenda- December 19, 2024
I W
D F
INDIAN WELLS PRESERVATION FOUNDATION
November 6, 2024
To: lndian Wells City Council
Over the past few years the relationship between the lndian Wells Preseruation Foundation (IWPF) (the Foundation) and the City of Indian Wells (The City) has continued to expand and now includes various partnerships.
IWPF has not only partnered with the City as the liaison with the large scale Modernism movement in the Coachella Valley, but with the City's Community Activities Committee on multiple programs for our residents and was selected bythe Council to oversee the Oral History Project for the City - the finished product concludes at year's end. The confidence the City has placed in IWPF as their representatives in many arenas has elevated the stature of the Foundation as well as the City in our community and the Coachella Valley.
IWPF is desirous of continuing this relationship and further memorializing the same by providing information to the City of our programs provided in the past and ourfuture plans for the City's consideration of financialsupport.
IWPF is solely responsible forthe Historical Designation program in the City of lndian Wells, by and for the City, the Foundation identifies historically significant landmarks, buildings and the like. The Foundation acts as the liaison with land/property owners, arranges the date for the designation, works with the land/property owners to design a designation plaque and to plan the event. This is an enriching experience for all residents and something that is significantfor our City as designations can provide historic sites with protection, but more importantly ensure that historic places are preserved for generations to come.
ATTACHMENT #1
Council Agenda- December 19, 2024
IWPF has successfully represented the City of lndian Wells, who is a presenting sponsor, in tre Modernism tours held annually in our City. IWPF provides fre "manpowe/' and additional financial support for any program in lndian Wells. These tours sell out quicldy i and bring not only "out {f - towners" to our beautiful City, but also locals from other cities who are intrigued and tend to visit lndian Wells businesses and restaurants frequently after a tour. Outoftowners often comment that they will return and stay at one of our hotels in the future.
IWPF has successfully represented the City, managed and overseen the Oral History Projectthat is being produced by the Lawrence De Graaf Centerfor Oral and Public History, California State University, Fullerton.
The management of this project has been time consuming and detail- orientated.The Foundation was charged with choosing and securing the individuals to be interviewed as well as managing the staff from the institute, arranging for lodging, meals and oversight, The Foundation has been honored by the confidence that the City has in the Foundation and we are looking forward to presenting a finished product early next year.
IWPF has successfully partnered on several events that the Community Activities Committee (CAC) desired to present. CAC needed assistance from the Foundation to provide speakers and programming for the Earth/ArborDayevent. IWPF was able to provide learned speakerc rcgading all aspecb of the Chuclcrvalla National Monument program. These speakers not only are experts in the history of the land, but the topography and the animal and plant species that exist on that land. ltwas a meaningful and educational event held for our residents. CAC has requested additional help in programming for this event in 2025.
IWPF has been requested to provide programming for a CAC event in February 2025 that will be a week-long Wellness event for our residents.
The Foundation will provide a walking tour - Walk the Wells - of the Bel Air Estates and Eldorado Palms areas of lndian Wells. This Walk of the Wells tourwill include Fainruay Park. This will be an extensive undertaking by the Foundation with financialsupportfrom the Foundation aswell as a sizeable contribution of "man powe/'.
The Mayor's Roundtable eventwas produced and presented by IWPF who provided the programming, the organization and financial support in conjunction with CAC for our residents' pleasure.
2
Council Agenda- December 19, 2024
New programs coming soon include partnership with the City to provide ResidentBenefits thatincludea discount on membership and discounted tickets to future events. A membership drive and event for residents and IWPF is also looking to produce a program regarding Carl Bray with speakers, that not only include Carl Bray's family, Professor Tammie Schneider from the Claremont Graduate University and more.
Additionally, the Foundation is also proposing that they provide programming and viewing of archival exhibits through a presentation to Gerald Ford Elementary so that the students will learn in depth about lndian Wells history.
As you can see, IWPF has made their own history here in lndian Wells.
The Foundation would like to continue and expand our history-making mission.
One of the most significant events we organize and host is the Historical Designation program. ln the spirit of growing our relationship with the City we are seeking an annualsponsorship of $1 1 ,000 per yearas a line item for the Foundation in the City Budget- broken up in to two parts. First, a $5000 contribution for the Historical Designation program is sought. Next, $6,000 for other programming that would include all of the above at the rate of $1,000 per event not to exceed $6,000. This stipend would include programs thatthe Foundation runs as well as all programs provided in concert with CAC.
As part of all financial support, the City will be listed as a presenting sponsorand a minimum of 12 tickets/seats to each event will be provided, if not othenrvise provided by another entity, to the Council and City staff.
The funding mechanism would include a request from IWPF made to the City Manager, City Finance Director and City Council Liaison regarding a function and/or program occurring within the City of lndian Wells which is made in an effort to promote IWPF or to provide a program for residents and willresult in funding being fonrvarded to the Foundation upon request.
We are hopeful that the Council will consider this matter and elect to continue our rich and historical relationship. Thank you for your consideration.
Linda Blank
President IWPF
Council Agenda- December 19, 2024
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: Finance Department
Prepared by: Amy Dallosta, Accountant
Subject: City Treasurer’s Report for August 2024
RECOMMENDED ACTIONS:
Council RECEIVES and FILES the City Treasurer’s Report for August 2024; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
DISCUSSION:
This report comprehensively analyzes the City of Indian Wells' cash and investment position as of August 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 August 31, 2024:
Total cash and investments: $79,855,989.35
Portfolio rate of return: 3.527%
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.
Council Agenda- December 19, 2024
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 $174,648.22 in earnings for August 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):
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, be cause 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. City Treasurer’s Report
Council Agenda- December 19, 2024
UNRESTRICTED FUNDS
GENERAL FUND
101. GENERAL
TOTAL GENERAL FUND
RESTRICTED FUNDS
SPECIAL REVENUE FUNDS
202 - TMFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE "A''
209 - F.A.M.D. #1
210 - SCAQMD (VEHICLE REG.)
211 - AB 3229 COPS FUNDING
214 - GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCI-/MAINT
217 - GAS TPXZIOT MAINTENANCE
218 - GAS TpX2107.5 ENG,/ADMIN
219 - GAS TAX RMRA
228 - EMERG. UPGRADE SERVICES
247 - AB 939 RECYCLING FUND
248 - SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO-1
253. INDIAN WELLS VILLAS OPEMTIONS
254- MOUNTAIN VIEW VILI-AS OPEMNONS
256- HOUSING AUTHORITY
271- ELDOMDO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 - CASA DOMDO LLMD
274-THE COVE LLMD
27s - SH 11I/IWGR (ENTMNCE) LLMD
276 - CLUBIIW LANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - MOUNTAIN GATE LLMD
281 - MOUNTAIN GATE ESTATES LLMD
282 - VILLAGIO LLMD
283 - VAIDYA LLMD
284 - CLUB, SOUTH OF 111 LLMD
285 - MONTELENA LLMD
286 - SUNDANCE LLMD
287 - PROVINCE LLMD
288. PROVINCE DBAD
TOTAL SPECIAL REVENUE FUNDS
CAPITAL PROJECT FUNDS
310 - PARK FACILMES FEES
311 - TMNSPORTATION FACILMES FEES
313 - RECREATION FACILMES FEES
314 - PARK-IN-LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 - CAPTTAL IMPROVEMENT
319 - ART IN PUBLIC PI.ACES
321 . HIGHWAY lll CIRCULATION IMP FEE
TOTAL CAPITAL PROJECT FUNDS
NET CASH & INVESTMENT SUMMARY AUGUST 2024
2024
$ 21,057,541,58
21,O57,541.58
AugAug
2023
$ r4,45L,548.40
1"4,45L,548,.40
11,983.90
7,339.63
0,00
1,075,218.38
16,720.70
0.00 348.84
0.00 0.00
72.97 660,33
23,058,90
4,649,880.09
240,L92.56
110,287.24
L9,567.56
183,155.56
280,26r.44
207,204.38
100,933.70
17,674.96
3,848.25
2,9rr.94
387,978.56
46,834,00
118,809,25
57,028.50
78,64L.37
111,408.52
52,185.15
253,179.96
39,705.54
38,3L4.79
t06,409.77
r,990.92
98,057.42
589.618.12
L0,rr4.2l
L2,044.3r
4r,750.44
1,630,876.19
17,209.26
11,405,10
12,531.95
7,009.43
5,645.r2
9,73r.6t
1,000.00
126,246.20
5,33r,372.26
29t,089.24
165,506.15
16,676.66
165,945.46
234,539.60
2,863,916.62
63,840.09
7,5r7.L4
773.88
7,309.29
109,106.09
24,236.63
86,499.82
50,865.68
12,756.87
99,489,40
45,r72.57
235,247.38
35,160.49
31,665,55
80,620,57
0.00 82,667.08
s53.482.33
8,931,483.20
0.00 0,00
0.00 0.00
0.00 t2,446,675.49
802,681.64
3a.734.70
12|49L,O2O.67
25,r2r.00
15,664.00
31,376.00
11,002.00
5,038.00
9,997,288.99
622,947.r3
37 9,745,589,82
T:\Common\bank\Treasurer's Report\Cash1 oAug 24
13,288,091.83
5.16 PM1211212024
ATTACHMENT #1
Council Agenda- December 19, 2024
CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY AUGUST 2024
PAGE 2
RESTRICTED FUNDS (Cont.r
REPLACEMENT FUNDS
326 - BUILDINGS CAPITAL RESERVE
327 - BRIDGES CAPITAL RESERVE
328 - MEDIANS & PARKWAYS CAPITAL RESERVE
329 - STORM DMINS CAPITAL RESERVE
330 - TMFFIC SIGNALS CAPTTAL RESERVE
331 - TECHNOLOGY CAPIIAL RESERVE
332 - CITY STREETS CAPITAL RESERVE
333 - CITY VEHICLES CAPTTAL RESERVE
350 - DISASTER RECOVERY RESERVE
TOTAL REPLACEMENT FUNDS
SUCCESSOR AGENCY FUNDS
453 - DEBT SERVICE
456 - RDA OBLIGATION RETIREMENT
TOTAL SUCCESSOR AGENCY FUNDS
FINANCING AUTHORITY FUNDS
460 - INDIAN WELLS FINANCING AUTHORITY
TOTAL FINANCING AUTHORITY FUNDS
ENTERPRISE FUNDS
560.INDIAN WELLS GOLF RESORT
TOTAL ENTERPRISE FUNDS
INTERNAL SERVICE FUNDS
601 - INTERNAL TRUST FUND
TOTAL INTERNAL SERVICE FUNDS
RESERVE FUNDS
602 - COMPENSATED ABSENCES
TOTAT RESERVE FUNDS
TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS
TOTAL TRUST & AGENCY FUNDS
TOTAL ALL FUNDS
FISCAL AGENTS
253 - INDIAN WELLS VILI.AS
254 - MOUNTAIN VIEW VILLAS
453 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE
460 - US BANK - INDIAN WELLS FINANCE AUTHORITY
560 - INDIAN WELLS GOLF RESORT
601 - INTERNAL TRUST FUND
TOTAL FISCAL AGENTS
TOTAL ALL FUNDS & FISCAL AGENTS
UNRESTRICTED FUNDS
RESTRICTED FUNDS
1 956.61 1,099 ,342.81
22,905p7O.25 t5p79,269.64
$ 99,685p24.L7 $ 85,109,478.09
Aug
2024
Aug
2023
2,408,039.80
2,198,896,00
L,818,224.07
1,083,033.00
948,72r.00
895,249.00
18,234,563.00
461,555.00
1,990,616.80
1,790,016.00
1,424,895.07
719,746.00
590,920,00
539,633,00
t7,L70,499.00
123,655.00
291,850.00611.322.00
28,659,602.87 24F4L$3O.87
53,604 43
00 608,220.10
2.165.923,000
53,604.43
776,538.t0
2,774,L43.LO
273.98
776,538.tO
t,004,856.74
t,oo4,856.74
2,570,962.t4
2,570,962.L4
1r500,000.0o
2,L73,642.95
2,173,642.95
273.98
0.00 624.787.00
436,373.03
624t787.OO
727.371.66
0.00 436p73.O3
76,779,O53.92
727F7'-.66
130,208.4569'
64,732.45
tL},294.34
4,705,188.43
6,332,307.52
384,490.90
256,207.50
287,4L7.52
4,613,695.33
8,999,019.64
723,586.84
2r,o57,54L.58
78,627,482.59g 99.6A5,O24.L7
L4,45L,548.40
7O,657,929.69
$ 85,109,478.09
T:\Common\bank\Treasurer's Report\Cash1 oAug 24 5:'t6 PM12112l2O24Page 64 of 115 Council Agenda- December 19, 2024
121n024.518 PM Tlcommon\bankbank reconciliaton t'2sp-Aug 24U024'08-RPT-Aug aank RecUug 24 pooled Bank Reconciliation Report - CiW Held Cash
Department
1 2
3 6
7 a
9 10
19 2L
Pacific Western Bank - Accts, Pavable *t-**3411
Pacific Western Bank - Pavroll **-**1752
Pacific Western Bank - Ambulance **-****7937
Pacific Western Bank - Public Funds l,4MA **-****5064
LJS Bank Monev l4arket - Investment
US Bank Monev Market - 4590
US Bank lYonev Market - 4591
PeW Cash
0.00 0.00
0.00 15,984.41
0.00 711,704.10
9,76L,851.62
2,000.00
3,392,880.12
Cediflcats of D€Doslt
C 250,000.00
Investment
Certificate of Deoosit-Nicolet Nation Bank 654062J22
Certificate of Deposit-Live Oak Bankinq Companv 538036LD4 Certificate of Deoosit-Alma Eank 0200808X4
Certificate of Deposit-State Bank of India 856285TF8
Certiflcate of Deoosit-First Natl Bank of lYccreoor TX 32112UDR9 Certificate of Deposit-Centerstate Bank 15201QDE4
Certificate of Deposit-Northwest Bank 66736A8V0
Certificate of Deoosit-Paciflc Western Bank 69506YRL5
Certificte of Deposit-Bank of Baroda 06063HMS9
Certificate of Deoosit-Tovota Financial Sqs Bank 89235N1KY6 certificate of Deposit-Grenstate credit union 39573L8L1 Certificate of Deoosit-Pentaaon FedeEl Credit Union 70962LAS1 certificte of D€msit-Nelnet Bank, Inc tr034KAG6
Certificate of Deoosit-Beal Bank 07371AYE7
Certificate of Demsit-Beal Bank USA 07371CE88
Certifi6te of Deposit'Capital One NA 14042RU18
Certificate of Deoosit-Austin Telco Fed Credit Union 0523928T3 Certificate of Deposit-Svnchronv Bank 87164XR65
Certincate of Deoosit-Libertv First Credit Union 530520AK1 Certificate of Deposit-First Guarantv Bank Hammond LA
Certifi6te of Deposit-Medallion Bank Utah 58404DSW2
Certificate of Deoosit-Pitney Bowes Bank 72'z1468AG8
Certificate of Deposit-Bank Five Nine 062119C02
Certificate of Deoosit-First Foundation Bank 32026UW51
Certificate of Deposit-Summit National Bank 86616MG0
Certificate of Deoosit-First National Bank of America 32110YD93 Certificate of Deoosit-Morqan Stanlev Private Bank 61768ET29 Certificte of Deposit-Cross River Bank 2275638(7
Certificate of Deoosit-Universl Bank and Trust Co 91527rcF2 Certificate of Deposit-Sallie !'lae 795451DM2
Certificate of Deoosit-Leaders Credit tJnion 52171144N5 Montebello cA Pens obliq AA 612285AE6
JP Morqan Chase Bank NA 46632FRU1
JP Morqan chas 48128G2O2
Bank of America lvlTN 06048wM31
Bank of Ameri€ MTN 06048WM72
John Dere CaDital Coto 24422EWR6
CA Sch@l District
91282CFU0
United States Treasury Bill 912810FF0
Total Poled Cash and Invetm€nts
Fair Value Increase (over cost)
Reondled Bank Balance
United States Treasury Sil 912797LF2
United States Treasury ail 912797LF2
United States Treasury Sil 9l2797lYf
United States Treasury Bill 912797JR9
1,010,609.56
248,7L7.92
1,963,457.74
r.961.699.27
512
513
514
515
515
5L7
518
519
522
525
544
550
557
558
551
562
57t
574
575
585
s85
587
584
589
590
591
592
597
594
599
60,
609
524
526
s33
s38
549
556
s76
542
544
546
551
559
560
563
564
566
567
564
571
572
505
250,000.00
250,000.00
250,000.00
248,000.00
249,000.00
248,000.00
249,000.00
248,000.00
249,000.00
2s0,000.00
250,000.00
249,000.00
250,000.00
250.000.00
250,000.00
250.000.00
2s0,000.00
250,000.00
249,000.00
249,000.00
249,000.00
244,000.00
249,000.00
244,000.00
249,000.00
249,000.00
244,000.00
244,000.00
249,000.00
244,000.00
249,000.00
1,012,271.61
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,018.553.15
Federal Ag€ncY LsuE r 1,000,000.00
Fed. Farm Credit Bank 313OALMI'13 2,000.000.00
Fed. Farm Credit Bank 3130A1W67 1,000,000,00
Fed. Farm Credit Bank 313OAMW57 2.000.000.00
Fed. Home Loan Bank 3130AQWF6 1,000,000 00
Fed. Home Loan Bank 3130AQWJ8 1.000.000.00
Fed. Home Loan Bank 3130A0255 1,000,000 00
Fed. Home Loan Mtq Coro 3134GXMX9 1,000,000.00
Fed. Home Loan Bank 3130ARGE5 1,000,000.00
Fed. Home Loan Mta Coro 3134GXOP2 1,000,000 00
Fed. Home Loan Bank 3130A5320 1,700,000.00
Fed. Home Loan Bank 3130A5567 1,000,000.00
Fed. Home Loan Bank 3130ASS91 1,000,000.00
Fed.Home Loan Bank 313081UH8 2,000,000.00
531
602
503
604
606
608
s93
594
items
Outstandins ltems
Tr€surv Discounts-Amortizinq
Ljnited States Treasury Bill 912797K10 1.995,048.08
13,513,082.09
300,000.00
7,L79,532.57
(1,67r,0
I 76,779,059.92
Warrants/Wire Transfers Oustandinq (Bank)
DeDosit in Transit
Incominq Pavments Outstandinq (GL)
Credit Card in Transit
(1.379.949.32)
3,243.t0
(33.391,6s)
4,t76,15
Council Agenda- December 19, 2024
INDIAN ELLS
;-l
i '':: lq -;trlt''W City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable CD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Treasury Securities
Miscellaneous Securities - Coupon
Treasury Discounis -Amortizing
lnveslments
Gash and Accrued lnterest
Accrued lnterest at Purchase
Subtotal
Total Cash and lnvestments
Total Earninqs
Current Year
Average Daily Balance
Effective Rate of Return
The
Par
The City of lndian Wells
Portfolio Management
Portfolio Summary
August 31,2024
Market
Value
Book
Value
lo ot
Portfolio Term
Days to
Maturity
YTM
360 Equiv.
YTM
365 Equiv.Value
3,392,880.1 2
1 1 ,85'1,338.70
7,952,000.00
8,000,000.00
17,700,000.00
23,000,000.00
300,000.00
7,276,000.00
3,392,880.1 2
1 1,851 ,338.70
7,894,698.46
7,642,520.00
17,223,853.00
23,857,020.00
290,847.00
7 ,152,251.36
3,392,880.12
1 1,851,338.70
7,952,000.00
8,033,289.59
17,700,000.00
23,446,94A.37
300,000.00
7 ,179,532.57
4.25 M.a4
9.96 10.06
22.16 29.36
0.38 8.99
1 1
1,A25
1,803
1,555
1,637
1,765
176
4.516
4.550
2.376
1.340
2.459
4.207
1.085
5.065
4.579
4.613
2.409
1.359
2.493
4.26s
1.100
5.1 35
1 1
949
580
769
375
334
98 79,472,218.82 79,335,408.64 79,855,989.35 {00.00% '1,233 3.478 3.527
57.49 57.49
57.49 57.45
79,472,218.82 79,335,466.13 79,856,046.84 1,233 737 3.478 3.527 Auqust 31 Month Endinq
270,285.31
86,491,061.99
3.68%
are consistant with the City's investment policy and allowable under current legislation of the State of California. lnvestments were purchased using safety, liquidity, and yield as cash flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked{o-Market" on a monthly basis Reporting period 08/01/2024-08131 12024 Portfolio CITY
AP
PM (PRF_PMl) 7.3.11
Report Ver. 7.3.1'1
737
Run Date. 1111212024 - '19:52 No Rscal year history available
Council Agenda- December 19, 2024
cusrP lnvestment #
Managed Pool Accounts - LAIF
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2024
Purchase
Date
Stated YTM Days to Maturity
Book Value p2ra Fitch 360 Maturitv Dafe
Average
lssuer
LAIF - City
LAIF - Redevelopment
3,102,557.54
Pacific Western Bank
Pacific Westem Bank-Ambulance
Pacifi c Western-PublicFundsMMA
US Bank Money Market
US Bank Money Market4591
US Bank Money Market4590
Pacific Western - Acct Payable
Pacifi c Western-Payroll
Union Bank-Checking
PeW Cash
WestAmerica Bank
Subtotal and Average 19,019,149.81
Alma Bank
Austin Telco Fed Credit Union
Bank of Baroda
Bank Five Nine
Beal Bank - Plano TX
Beal Bank USA
BMW BANK NORTH AMERICA
Capital One NA
Centerstate Bank NA
Cross River Bank
First Guaranty Bank Hammond LA
First National Bank of America
First Foundation Bank
First Natl Bank of Mccregor TX
Greenstate credit Union
Leaders credit Union
Liberty First Credit Union
Live Oak Banking Company
Medallion Bank Utah
Par Value
3,392,880.1 2
0.00 3,392,880.12
Market Value
3,392,880.12
0.00 3,392,880.12
3,392,880.1 2
0.00 3,392,880.12
SYS21
SYS23
SYSl
SYS6
SYST
SYSS
SYSlO
SYS9
SYS2
SYS3
SY54
SYS19
SYS5
21 23
4.579
0.233
0.250
4.700
4.516
0.230
4.516
4.550
0.247
0.000
4.636
0.000
5.109
5.119
0.000
0.000
0_197
0.000
0.000
Subtotal and Average
Money Market Sweep/Checking Account
1 7
8 10
o
2 3
4 19
5 515
574
525
589
561
562
512
573
518
598
586
592
590
517
550
609
585
5',14
587
07t01t2023
07t01t2023
07t01t2023
07t01t2023
07t01t2023
07to1t2023
03t31t2020
09t21t2022
07t22t2020
07t31t2023
022312022
0223t2022
o3t31t2020
09t21t2022
0413012020
03t07t2024
0811112023
08t16t2023
08t16t2023
04t2812020
0611612021
o8t30t2024
oat11t2023
03t31t2020
07t31t2023
1,359,798.57
0"00
15,984.41
0.00 9,761,851 .62
711,704.10
0.00 0.00
0.00 2,000.00
0.00 1,359,798.57
0.00 15,984.41
0.00 9,761,851 .62
711,704.10
0.00 0.00
0.00 2,000.00
0.00 1,359,798.57
0.00 15,984.41
0.00 9,761,851.62
711,704.10
0.00 0.00
0.00 2,000.00
0.00 5.180
5.190
0.200
Negotiable GD's
020080BX4
0s23928T3
06063HMS9
062119CD2
07371AYE7
07371 CE88
05580AVX9
14042RUJ8
15201QDE4
227563EX7
320437AD8
321 1 0YD93
32026UWs1
321 12UDR9
3957318L1
52171MANs
53052OAK1
538036LD4
58404DSW2
1 1,851,338.70
250,000.00
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
244,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
249,000.00
250,000.00
249,000.00
11,851,338.70
245,377.50
249,275.00
240,705.81
254,801.70
237,990.00
237,990.00
245,535.00
249,907.50
242,474.56
248,194.36
254,831.58
260,137.77
249,170.36
243,629.07
236,225.00
251,355.54
258,521.76
245,310.00
253,907.79
t 1,851,338.70
250,000.00
250,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
244,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
249,000.00
2s0,000.00
249,000.00
1.400
3.800
0.700
4.500
1.900
1.900
1.550
3.900
1.250
4.250
4.500
4.450
4.450
1.350
0.900
4.000
4.700
1.400
4.400
1.380
3.748
0.690
4.438
1.874
1.874
1.529
0.000
1.233
4.192
4.438
4.394
0.000
1.332
0.888
3.945
4.641
1.382
4.406
208 0312A12025
1,115 09t21t2027
324 07122t2025
1,426 0712812028
899 0211712027
899 0211712027
211 03t31t2025
1,115 09t21t2027
241 0413012025
1,648 03t07t2025
1,433 0810412028
1,444 08t15t2028
1,438 08/09/2028
239 0412A12025
653 06/16/2026
1,824 04t30t2029
1,436 08t07t2028
211 03t31t2025
1,429 07t31t2028
Portfolio CITY
AP
PM (PRF_PM2) 7.3.1 1Run Date: 1 1 h212O24 - 19i52
Report Ver. 7.3.1 1
Council Agenda- December 19, 2024
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2024
YTM Days to MaturityStated
BookValue Ra1g Fitch 360 Maturitv DrtecustPlnvestment # Negotiable CD's
6 1 768ET29
64034K4G6
654062J22
6673648V0
69506YR15
709621AS1
724468AG8
795451 DM2
856285TF8
86616RAGo
871 64XR65
89235MKY6
91527PCFz
Medium Term Corporate Notes
06048WM31 549
06048WM72 556
06406RAN7 524
24422EWR6 576
48128G2Q2 538
46632FRUI 533
612285AE6 526
lssuer
Morgan Stanley Private Bank
Nelnet Bank, lnc.
Nicolet National Bank
Northwest Bank
Pacific Western Bank CA CD
Pentagon Federal Credit Union
Pitney Bowes Bank lnc.
Sallie Mae
State Bank of lndia NY, NY CD
Summit National Bank
Synchrony Bank
Toyota Financial Sgs Bk
Universal Bank and Trust Co.
Subtotal and Average
Bank of America MTN A
Bank of America MTN A
Bank of New York Mellon Corp
John Deere Capital Corp
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig M
Subtotal and Average
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed" Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
s97
558
513
519
522
557
588
607
516
591
575
548
599
Average
Balance
7,719,064.52
8,034,289.37
Purchase
Date
0310612024
0202t2022
03t31t2020
0413012020
0413012020
09t29t2021
07t31t2023
07t2612024
04t29't2020
0811612023
09t23t2022
04t22t2021
o311312024
05t28t2021
0713012021
0511412020
0511812023
02t26t202'l
unz2021
0711712020
03t24t2021
o3t3012021
04t2212021
06t3012021
o2n5t2022
02t24t2022
03t10t2022
0/.t21t2022
05t26t2022
08t16t2022
08t10t2022
0710312024
Par Value
244,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
244,000.00
248,000.00
249,000.00
250,000.00
250,000.00
249,000.00
7,952,000.00
I,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
8,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
2,000,000.00
Market Value
249,192.32
235,825.00
245,302.50
243,372.60
242,474.56
233,611.80
248,687.24
249,297.24
243,052.40
257,645.28
250,267.50
237,202.50
253,427.22
7,894,698.46
937,650.00
928,140.00
979,550.00
1 ,015,860.00
932,920.00
1,866,220.00
982,1 80.00
7,642,520.00
950,040.00
1,902,820.00
951,140.00
1,905,440.00
956,010.00
953,680.00
963,760.00
974,770.00
1,691,993.00
997,260.00
995,100.00
2.006,220.00
244,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
2114,000.00
248,000.00
249,000.00
250,000.00
250,000.00
249,000.00
7,952,000.00
1,000,000.00
1,000,000.00
1,002,464.83
1,018,553.15
1,000,000.00
2,000,000.00
1,012,271.61
8,033,289.59
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000"00
1,000,000.00
1,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2.376 949
o3t06t2029
02t022027
0313112025
04t30t2025
04t30t2025
09t29t2026
07t31t2028
07t24t2029
o4t29t2025
08t10t2028
09t23t2027
04t22r'2026
03113t2029
05t28t2026
0713012026
0412412025
01t20t2028
02t26t2026
o'v222026
0610112025
03t24t2026
0313012026
0412212026
06t30t2026
02t25t2027
02t24t2027
03t1012027
0412112027
11t26t2024
08t16t2027
08t10t2027
o6t26t2029
4.350
1.500
1.400
1.200
1.250
0.900
4.400
4.300
1.600
4.s00
3.950
0.900
4.250
1.250
1.200
1.600
4.750
0.800
0.700
2.503
0.875
1.000
1.100
1.000
2.150
2.050
2.500
3.000
3.000
4.500
4.000
5.000
4.290
1.479
1.382
1.184
1.233
0.888
0.000
4.241
1.s78
4.443
3.896
0.888
4.192
1.233
1.184
1.190
4.083
0.789
0.690
0.819
0.863
0.986
1.085
0.799
2.121
2.022
2.466
2.959
2.959
4.438
3.945
4.932
1,647
884
211
241
241
758
1,429
1,787
240
1,439
1,117
598
1,654
634
697
235
1,236
543
508
273
569
575
598
667
907
906
920
962
86 1,O79
1,073
1,759
1.340 580
Federal Agency lssues - Callables
3130A1J62
3.I3OALMM3
3130ALW67
3130AMW57
3130AOWF6
3130AQWJ8
3130AQ255
313OARGE5
3 1 30AS3Z0
3130AS367
3 1 30ASS91
31 30B1 UH8
542
544
546
551
559
560
563
566
568
571
572
605
Portfolio CITY
AP
PM (PRF_PM2) 7.3.1 1Ru Dalet 111 122024 - 19t52
Council Agenda- December 19, 2024
The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2024
YTM Days to Maturi9
Fitch 360 Maluritv lElo
Stated
Book Value Flatc
1,000,000.00
1,000,000.00
17,700,000.00
CUSIP lnvestment #lssuer
Federal Agency lssues - Callables
3134GXMX9 5& Fed. Home Loan Mtg Corp
3134GXQP2 567 Fed Home Loan Mtg Corp
Subtotal and Average
Treasury Securities
U.S. Treasury
U.S. Treasury
Subtotal and Average
Miscellaneous Securities - Coupon
63877NMM6 Natomas CA Sch Dist AA lnsured
Subtotal and Average
1 7,700,000.00
23,45't,100.06
300,000.00
7,164,900.70
86,491,061.99
03t25t2022
04t2812022
12t1212023
12t14t2023
10to'v2020
03t28t2024
o6t13t2024
06t21t2024
07t22t2024
08t01t2024
Average Purchase
Date Par Value
1,000,000.00
1,000,000.00
17,700,000.00
10,000,000.00
13,000,000.00
23,000,000.00
300,000.00
300,000.00
2,000,000.00
1,024,000.00
252,000.00
2,000,000.00
2,000,000.00
7,276,000.00
79,472,218.82
Market Value
986,470.00
989,1 50.00
17,223,853.00
1 0,097,300.00
13,759,720.00
23,857,020.00
290,847.00
290,847.00
1,995,360.00
1.011,056.64
248,814.72
1,964,420.00
1,962,600.00
7,182,251.36
79,335,408.6/+
2.200
3.030
205 03t25t2025
239 04t2at2025
2.'t70
2.988
2.459 769
91282CFUO
91 281 0FF0
Treasury Discounts -Amortizing
593
594
23,446,948.37
300,000.00 1.100
300,000.00
9,933,866.28
13,513,082.09
1,995,048.08
1 ,010,609.56
248,717.92
1 ,963,457.74
1,961,699.27
7,179,532.57
79,855,989.35
4.207 1,375
1.085 334 0810112025
1.085 334
1,15s 10t31t2027
1,536 1111512028
18 0911912024
95 12,05t2024
95 1210512024
137 01t16t2025
144 01t2312025
4.125
5.250
4.94'l
4.944
4.929
4.828
4.806
4.294
4.143
531
912797K10
9127971F2
9127971F2
912797LY1
912797JR9
U.S. Treasury
U.S. Treasury
U.S. Treasury
U.S. Treasury
U.S. Treasury
Subtotal and Average
Total and Average
602
603
604
606
608
5.133
5.136
5.115
5.015
5.003
5.065 98
3.47A 737
Portfolio CITY
AP
PM {PRF_PM2) 7.3.1 1Run Oate. 11nA2024 - 19:52
Council Agenda- December 19, 2024
Average
Balance
0.00 86,491,061.99
Purchase
Date
Accrued lnterest at Purchase
Subtotal
Par Value
79,472,218.82
Market Value
57.49 57.49
79,335,466.13
Stated
BookValue Rate
57.49 57.49
79,856,046.84
YTM Days to
Fitch 360 Maturitv
0 3.478 737
Portfolio CITY
AP
PM (PRF_PM2) 7.3.1 1
The City of lndian Wells
Portfolio Management
Portfolio Details - Cash
August 31,2024
CUSIP lnvestment #lssuer
Average Balance
Total Cash and lnvestments
Run Dale: 1111212024 - '19t52
Council Agenda- December 19, 2024
irt
INDIAN lt-W ELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells C492210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
201 4, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Summary
August 31,2024
Market
Value
Book
Vahra
4,705,179.43
4.705,179.43
Yo ol
P6rtfdlid
4,705,179.43 100.00
4,705,179.43 100.00%
Par
Tem
Days to
Maturity
Total Earninqs
Current Year
Average Daily Balance
Return
Reporting period 08/01/202448131 12024
August 31 Month Ending
4,705,179.43
4,705,179.43 1
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 14A
CP
PM (PRF_PM1) 7.3.11
Report Ver. 7.3.1 1
0.00 152,344.77
0.00%
Run Oa]€: 1111212024 - 20:43 No fiscal year history available
Council Agenda- December 19, 2024
SYS28
SYS26
SY525
SYS27
SYS24
lssuer
2014A Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Subtotal and Average
Total and Average
Stated
BookValue F!.ie
0.00 3,594,917.86
1,110,167.32
94.25 0.00
4,705,179.43
4,705,179.43
YTM Days to Maturity
Fitch 365 Maturitv Date
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Portfolio 144
CP
PM (PRF_PM2) 7.3.1 1
2014, 2015, 2016, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
August 31,2024
Purchase
l).tcCUSIPlnvestment #
Money Market Sweep/Checking Account
Average
152,344.77
152,34/..77
07t01t2023
07t01t2023
07101t2023
07t01t2023
071o112023
Par Value
0.00 3,594,917.86
1,110,167.32
94.25 0.00
4,705,179.43
4,705,179.43
Market Value
0.00 3,594,917.86
1,110,167 .32
94.25 0.00
4,705,179.43
4,705,179.43
28 26
25 27
1 Run Date: '1111212024 - 20143
Report Ver. 7.3.1 1
Council Agenda- December 19, 2024
-tr&t
INDIANc\IfuELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
Effective Return
Agency Treasurer
Reporting period 08/01 /202448131 12024
1.00 1.00
Ausust3l Month Ending
Par
2015 A Bonds
Portfolio Management
Portfolio Summary
August 31,2024
Market
Vrhra
Book
Value
Y"ol
Partf6li6 Term
Days to
Maturity
1.00 1.00
1.00 100.00
1.00 100.00%1
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 15A
CP
PM (PRF_PM1) 7.3.1 I
Report Ver. 7.3.1 1
0.00 1.00
0.00%
Run Da]€: 1111212024 - 20146 No fiscal year history available
Council Agenda- December 19, 2024
SYS27
SYS22
lssuer
2015 A Reserve
UBC Cost Of lssuance Escrow
Subtotal and Average
Total and Average
Stated
BookValue FlarF
1.00 0.00
1.00 1.00
YTM Days to Maturity
Fitch 355 Maturitv Date
0.000
0.000
0.000
0.000
Portfolio 15A
CP
PM (PRF PM2) 7.3.11
2015 A Bonds
Portfolio Management
Portfolio Details - Investments
August 31,2024
Purchase
ftele Par ValueCUSIPlnvestment #
Money Market Sweep/Checking Account
Average
1.00 1.00
07t01t2023
07t01t2023
Market value
1.00 0.00
1.00 1.00
27 22
1.00 0.00
1.00 1.00
Run Dale: 111'1212024 - 20:46
Reporl Ver. 7.3.1 1
Council Agenda- December 19, 2024
'- /E-/t * -i
r'L ;.'INDIAN ,\i WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORN IA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
Effective Return
Agency
Reporting period 08/01 /202448131 12024
Value
1.00 1.00
August3l Month Ending
Par
2016 A Bonds
Portfolio Management
Portfolio Summary
August 31,2024
Market Book
Value
Yo ot
Portfolio
1.00 1.00
1.00 100.00
1.00 100.00%
Days to
Term Maturity
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 16A
CP
PM (PRF_P|\41) 7.3.11
Repod Ver. 7.3.1 1
'l
0.00 1.00
0.00%
Ru^ Dale: 11112,2024 - 2Ot48
No fiscal year history available
Council Agenda- December 19, 2024
2016 A Bonds
Portfolio Management
Portfolio Details - Investments
August 31,2024
Purchase
Date Par Value Market Value
YTM Days to Maturity
365 Maturitv Date
Stated
BookValue Ftrre
0.00 1.00
1.00 1.00
FitchCUSIPlnvestment #lssuer
Money Market Sweep/Checking Account
SYS28 1 UBC Cost Of lssuance Escrow
SYS33 2 Union Bank Reserve Account
Subtotal and Average
Total and Average
Average
R.l.neo
1.00 1.00
07t01t2023
07t01t2023
0.00 1.00
1.00 1.00
0.00 1.00
0.000
0.000
1.00 1.00
0.000
0.000
1 Portfolio 16A
CP
PM (PRF_PM2)7.3.11R$ Dale: 1111212024 - 2Ot48
Report Ver. 7.3.1 1
Council Agenda- December 19, 2024
INDIAN WELLS 2020 A Bonds
Portfolio Management
Portfolio Summary
August 31,2024
Market
Value
1.00 1.00
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALI FORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
Effective of Return
Reporting period 08/01 /202448131 12024
Value
1.00 1.00
August 3'l Month Ending
Par Book
Value
%ol
Portfolio
Days to
Term Maturity
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio 20A
CP
PM (PRF_PMI) 7.3.11
Report Ver. 7.3.11
1 .00 100.00
1.00 100.00%1
0.00 1.00
0.00%
Run oale: 11,11212024 - 2O.O7
No fiscal year history available
Council Agenda- December 19, 2024
2020 A Bonds
Portfolio Management
Portfolio Details - lnvestments
August 31,2024
Purchase
Date
Stated
BookValue Flafe
YTM Days to Maturity
Fitch 365 Meturilv n.ta
0.000
0.000
0.000
0.000
Portfolio 20A
CP
PM (PRF_PM2) 7.3.1 1
CUSIP lnvestment #
Money Market Sweep/Ghecking Account
SYSl
SYS2
Subtotal and Average
Total and Average
1 2
lssuer
2020 A Bonds COI
2020 A Bonds Reserve
Average
1.00 1.00
07t01t2023
07t01t2023
Par Value Market Value
0.00 1.00
1.00 ,t.00
0.00 1.00
0.00 1.00
1.00 1.00
1.00 1.00
Run DaEi 11h212o24 - 20:07
Report Ver. 7.3.1 1
Council Agenda- December 19, 2024
-t,&t
INDIAN\ WELLS City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALI FOTTNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Par
2022 Bonds
Portfolio Management
Portfolio Summary
August 31,2024
Market
Valrrc
Book oh ol
Portfolio
Total Earninqs August
Current Year
Average Daily Balance
of Return
Agency
Reporting period 08/01 /202448131 12024
Value
6,332,307.52
6.332,307.52
6,332,307.52
6,332,307.52
Value
6,332,307.52 100.00
6,332,307.52 100.00%
31 Month Endins
Days to
Term Maturity
YTM
360 Equiv.
0.000
0.000
YTM
365 Equiv.
0.000
0.000
Portfolio22
CP
PM (PRF_PMI) 7.3.11
Report Ver. 7.3.1 1
0.00 6,305,413.46
0.00%
Run O ale: I 1 I 1 A 2024 - 20'.30 No fiscal year history available
Council Agenda- December 19, 2024
2022 Bonds
Portfolio Management
Portfolio Details - lnvestments
August 31,2024
Purchase
Date Par Value
Stated
BookValue Rate
0.00 252.72
6,330,658.04
1,396.75
0.01 6,332,307.52
6,332,307.52
YTM Days to Maturity
Fitch 365 Maturitv Date
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Portfolio 22
CP
PM (PRF PM2) 7.3.11
CUSIP lnvestment #
Money Market Sweep/Checking Account
SYS2
SY54
SYSl
SYS5
SYS3
Subtotal and Average
Total and Average
lssuer
2022 Bonds COI
2022 Bonds lnterest
2022 Bonds Project Fund
2022 Bonds Redemption Fund
2022 Bonds Payment Fund
2 4
1 5
?
Average
Fl2l.nna
6,305,413.46
6,305,413.46
07t01t2023
07t0112023
07to1t2023
071o112023
0.00 252.72
6,330,658.04
1,396.75
0.01 6,332,307.52
6,332,307.52
Market Value
0.00 252.72
6,330,658.04
1,396_75
0.01 6,332,307.52
6,332,307.52
Run Date: 1 1/1212024 - 20:30
Report Ver. 7.3.1 1
Council Agenda- December 19, 2024
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: A Resolution Certifying the General Municipal Election held on November 5, 2024, Declaring the Results
RECOMMENDED ACTIONS:
Council ADOPTS Resolution reciting the facts of the consolidated General Municipal Election held in the City of Indian Wells on November 5, 2024, declaring the results thereof, and such other matters as are provided by law; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
On June 20, 2024, the City Council adopted a resolution calling for and giving notice of the general municipal election to be held on Tuesday, November 5, 2024, concurrently with the statewide general election. The Council requested the Riverside County Board of Supervisors to “consolidate” the municipal election with the Statewide Election, allowing the Registrar of Voters to conduct the logistics of the election.
Slated for the general municipal election were three (3) City Councilmember seats held by Donna Griffith, Ty Peabody, and Greg Sanders. The seats are for a full 4-year term.
The nomination period opened on July 15 and closed on August 14. At the close of the nomination period, four (4) qualified candidates submitted papers for a 4-year Councilmember term.
Councilmember, Full Term
(4 years)
Total Votes
Cast
GREG SANDERS 1,969
TOPER TAYLOR 1,710
BRIANN PENNA 1,456
YVONNE SKLAR 621
Council Agenda- December 19, 2024
There are 3,340 registered voters in Indian Wells. The number of ballots cast in the City is 2,935 making a turnout of 87.87%. The results indicate that Greg Sanders, Toper Taylor, and Brian Penna received the highest number of votes, respectively, for the City Councilmember 4-year term. In accordance with Elections Code 10265, following the adoption of the Resolution, the City Clerk or designee will administer an Oath of Office to the newly elected officers, who will then officially commence their terms of office.
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
Council Agenda- December 19, 2024
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, RECITING THE FACTS OF THE CONSOLIDATED GENERAL
MUNICIPAL ELECTION HELD IN THE CITY OF INDIAN WELLS
NOVEMBER 5, 2024, DECLARING THE RESULTS THEREOF, AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a consolidated general municipal election was held and conducted in the City of Indian Wells, County of Riverside, State of California, on Tuesday, the 5th day of November 2024, as required by law; and
WHEREAS, notice of said election was duly and regularly given in the time, form and manner provided by law; voting centers were properly established; election officers were properly appointed; and in all respects said election was held and conducted, the votes cast thereat were received and canvassed, and the returns were made and declared in the time, form and manner required by the provisions of the Elections Code of the State of California for conducting elections in cities; and
WHEREAS, the County of Riverside has canvassed the returns of said election and the Registrar of Voters has certified the results to this City Council, which results are received, attached, and made a part hereof as Exhibit “A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: There was one (1) voting center established for the purpose of holding said election consisting of the general election precincts in the City of Indian Wells as established for the holding of State and County Elections.
SECTION 2: The whole overall number of registered voters in Indian Wells is 3,340. The whole number of ballots cast in the City was 2,935 representing a turnout total of 87.87%.
SECTION 3: The names of persons voted for said regular election for two Members of the City Council of the City of Indian Wells are as follows:
Greg Sanders
Toper Taylor
Brian Penna
Yvonne Sklar
SECTION 4: The number of votes given at each voting center and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are listed in Exhibit “A”, attached.
SECTION 5: The City Council does declare and determine that:
Greg Sanders, Toper Taylor and Brian Penna were elected as Members of the City Council for the term of four years to December 2028.
ATTACHMENT #1
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
SECTION 6: The City Clerk shall enter on the records of the City Council of the City of Indian Wells, a statement of the results of said election, showing:
a. The whole number of votes cast in the City;
b. The names of the persons voted for;
c. What office each person was voted for;
d. The number of votes given at each precinct to each person; f. The total number of votes given in the City to each person
SECTION 7: The City Clerk shall immediately make and deliver to the person so elected a Certificate of Election signed and duly authenticated; and the City Clerk shall also administer to said person elected the Oath of Office prescribed in the State Constitution of the State of California and shall have him subscribe thereto and file the same in the Office of the City Clerk, whereupon said person so elected shall be inducted into the respective office to which he has been elected.
SECTION 8: The City Clerk shall verify the passage and adoption of this Resolution and shall enter the same in the book of original resolutions of said City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 19th day of December 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 19th day of December 2024, by the following vote:
ATTEST: APPROVED AS TO FORM:
______________________________________ ____________________________________
ANGELICA AVILA TODD LEISHMAN FOR
CITY CLERK BEST BEST & KRIEGER LLP
CITY ATTORNEY
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
EXHIBIT “A”
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
Council Agenda- December 19, 2024
City of Indian Wells
Resolution No. 2024-
Council Agenda- December 19, 2024
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: 2025 City Council Meeting Schedule
RECOMMENDED ACTIONS:
Council ADOPTS the 2025 City Council meeting schedule as presented; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
Provided for Council consideration are the proposed City Council meeting dates for the 2025 calendar year (Attachment #1). The proposed meeting calendar consists of one (1) confirmed Council meeting each month and a tentative meeting. In months where there is a scheduling conflict due to holidays, conferences, or other city activities (e.g., BNP Paribas Tennis Tournament), the normally scheduled first or third Thursday of the month is being recommended to be held on a different Thursday. The tentative meeting permits a second monthly meeting if necessary. The following highlights future scheduling and proposed cancellations:
April 17 City and Golf Resort Strategic Planning Session
Cancel August 2025 meetings for summer break
Staff requests direction by the Council of any other scheduling conflicts, cancellations, or additions of any other council or special meetings.
FISCAL IMPACT:
There is no financial impact.
Council Agenda- December 19, 2024
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. Draft 2025 Council Meeting Schedule
Council Agenda- December 19, 2024
2025 Council Meeting Schedule
Date Type of Meeting Status
January 16 TBD – Closed/Council
January 30 10:00 a.m. Closed Session
10:30 a.m. Regular Council
February 6 TBD – Closed/Council
February 13 12:30 p.m. Closed Session
1:00 p.m. Quarterly Housing Authority
1:30 p.m. Regular Council
February 20 TBD – Closed/Council
March 6 10:00 a.m. Closed Session
10:30 a.m. Special Council
March 20 TBD – Closed/Council
April 3 12:30 p.m. Closed Session
1:30 p.m. Regular Council
April 17 9:00 a.m. City & Golf Resort Strategic Planning May 1 TBD – Closed/Council
May 15 1:00 p.m. Quarterly Housing Authority
12:30 p.m. Closed Session
1:30 p.m. Regular Council
June 5 TBD – Closed/Council
June 19 12:30 p.m. Closed Session
1:30 p.m. Regular Council
July 3 TBD – Closed/Council
July 10 12:30 p.m. Closed Session
1:30 p.m. Regular Council
July 17 TBD – Closed/Council
August 7 12:30 p.m. Closed Session
1:00 p.m. Quarterly Housing Authority
1:30 p.m. Regular Council
August 21 TBD – Closed/Council
ATTACHMENT #1
Council Agenda- December 19, 2024
Date Type of Meeting Status
September 4 12:30 p.m. Closed Session
1:30 p.m. Regular Council
September 18 TBD – Closed/Council
October 2 12:30 p.m. Closed Session
1:30 p.m. Regular Council
October 16 TBD – Closed/Council
November 6 12:30 p.m. Closed Session
1:00 p.m. Quarterly Housing Authority
1:30 p.m. Regular Council
November 20 TBD – Closed/Council
December 4 12:30 p.m. Closed Session
1:30 p.m. Regular Council
December 18 TBD – Closed/Council
Council Agenda- December 19, 2024
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: City Council Members Attendance at 2025 Events
RECOMMENDED ACTIONS:
Council APPROVES the attendance of Council Member(s) at 2025 events identified in the staff report; and
AUTHORIZES any normal and reasonable reimbursement of expenses incurred by any Council Member for the events identified in the staff report; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
Pursuant to Section 101 of the City Charter, the City Council must approve in adv ance the reimbursement of ordinary and necessary expenses incurred in the performance of one’s duties as a Member of the City Council, Mayor Pro Tem, or Mayor. This report identifies normal meetings, conferences and events Council Member/s may be attending each year. Council Members are assigned to represent the City on Committees and organizations included in the list below and may incur expenses.
National League of Cities
o Congressional City Conference
League of California Cities
o Annual Conference and Expo
o League Leaders Workshop
o City Leaders Summit (League Legislative Action Day)
o Mayor & Council Members Executive Forum
Council Agenda- December 19, 2024
o Mayors and Council Members Academy
o Division Meetings (Executive Committee and General Membership Meetings) o Policy Committee Meetings (quarterly)
o League Sponsored Workshops and Seminars
County of Riverside
o Riverside County Agency and Department Meetings
o Riverside County Fair & National Date Festival Events o State of the County or District Events
o Supervisor Perez or Board of Supervisors Sponsored Events
Regional Organizations Regular and Committee Meetings
o California Joint Powers Insurance Authority (CJPIA)
o Coachella Valley Animal Campus
o Coachella Valley Association of Governments (CVAG)
Coachella Valley Conservation Commission
Energy and Environmental Resources
Executive Committee
Homelessness
Public Safety
Transportation
o Coachella Valley Economic Partnership (CVEP)
o Coachella Valley Mountains Conservancy
o Cove Communities Services Commission
o Desert Valleys Builders Association (DVBA)
o Los Angeles-San Diego-San Luis Obispo (LOSSAN) Rail Corridor o Riverside County Transportation Commission (RCTC)
Eastern Riverside County Programs and Projects Committee Mobility 21 Summit
o Sunline Transit Agency
o Visit Greater Palm Springs
o Western Riverside Council of Governments (WRCOG)
Miscellaneous
o BNP Paribas Tournament Events
o Acrisure Arena Events
o California Contract Cities Association Events
o California State University San Bernardino Events
Council Agenda- December 19, 2024
o City of Indian Wells Sponsored Events
o City of Indian Wells Internal Committee Travel
o College of the Desert Events
o Desert Town Hall Lecture Series Events
o Epson Tour Championship of Indian Wells
o Federal or State Legislative Hearings, Federal Departments, State Offices, Other Agencies Hearings, or meetings with Federal or State Legislators, including travel within California or to Washington, D.C. Hospitality Award Events o Indian Wells, Greater Coachella Valley Chamber of Commerce, or other Local Chambers of Commerce Events
o Indian Wells Historical Preservation Events
o Indian Wells Pro Am Golf Invitational Events
o International Council of Shopping Centers (ICSC) Events o Troon Golf corporate meetings at offsite locations
o Ironman Indian Wells-La Quinta 70.3 Events
o Joslyn Center Events
o The Living Desert and Zoo Events
o Modernism Week Events
o Public Safety Award Events
o Salton Sea Restoration Events
o Senior Inspiration Awards Luncheon
o Southern California Association of Governments Events o University of California Riverside Events
FISCAL IMPACT:
There is no financial impact, the above items are included in the annual budget.
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).)
Council Agenda- December 19, 2024
26529.00000\40894685.2
INDIAN WELLS CITY COUNCIL
December 19, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: 2025 Council “Draft” of Assignments to Various Internal and External Committees
RECOMMENDED ACTIONS:
Council provides DIRECTION to staff relating to any proposed modifications to the draft process, establishing or eliminating committees and/or sub-committees, the number of ex-officio members serving on City resident committees, and any other related matters prior to the actual selection of committee assignments; and
PARTICIPATES in the “Draft” of committee assignments and any required alternates; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under CEQA guidelines section 15061(b)(3).
DISCUSSION:
The Council Policy Manual (“Manual”) establishes the process by which assignments of individual Council Members are made to the various internal Indian Wells Committees, as well as to external organizations and regional authorities. (Attachment #1). The established “Draft” process is based on seniority of Councilmembers’ consecutive years of services, and among those initially elected on the same date, the member receiving more votes is deemed to have seniority. In the Draft, each member, in descending order of seniority, selects one assignment, followed in turn by the other members’ choices, until all positions are filled. The current seniority order is as follows:
1. Dana Reed
2. Greg Sanders
3. Bruce Whitman
4. Dr. Toper Taylor
5. Brian Penna
Council Agenda- December 19, 2024
26529.00000\40894685.2
Per the Council Policy, the Council can conduct a review of internal committees and Standing/Ad Hoc Committees as to committee relevance, membership, and organization.
“3.03.090- The Council will periodically, in consultation with Staff, review each of the City’s commissions, committees and boards to determine the relevance of their duties, work plan, membership and organization to the accomplishment of the Council’s Goals and Objectives. The Council may make such changes as it deems necessary to the duties, work plans, membership and organization of the Commissions, Committees, and Boards, on an as-needed basis.”
“3.05.060 - The Council will review annually the relevance of the Council’s standing and Ad-Hoc Committees to the Council’s current Strategic Plan Goals and Objectives and will eliminate those which are determined by a majority of the Council to be no longer necessary. This is the Council’s opportunity to discuss and make any modifications to internal City committees.”
The City existing Standing Committees with Council representation:
Community Activities Committee
Desert Sands Unified School District Two by Two Committee Finance/Legal Services Oversight Committee
Grants In Aid Committee
Indian Wells Golf Resort Advisory Committee
Indian Wells Preservation Foundation
Marketing Committee
Personnel Committee
Public Safety Committee
Tee Committee
The Council occasionally establishes Council Ad Hoc Committees to examine a specific area or issue. Ad-Hoc Committees are established during a time of need. Once the specific assignment has been completed, the Council Ad-Hoc Committees are automatically dissolved. With the reorganization of the City Council, staff recommends the Council Ad Hoc Committees (e.g. Governance) be dissolved and the Council agendize the formation of any Council Ad Hoc Committee that is needed at a future meeting.
Changes made to the committee assignments over the last few years are outlined below:
In March of 2021, the City established a Desert Sands Unified School District Two- by-Two Committee. The partnership with the district is to meet and discuss issues of mutual concern.
In September 2022, the City added the appointment of a non-voting liaison to the Indian Wells Preservation Foundation Board.
Council Agenda- December 19, 2024
26529.00000\40894685.2
Current City policy is that the Mayor automatically serves as the City’s representative to the CVAG Executive Committee, Living Desert Advisory Board, Tee Committee, and Personnel committee. In addition, the the Mayor Pro Tem also serves on the Personnel and Tee committee.
On occasion, the Mayor and Mayor Pro Tem are also called on to serve as the City’s liaison to other organizations or groups (e.g., Tennis Garden).
The Desert Recreation District has expressed a desire to establish a Two-by-Two Committee to collaborate with the board and discuss matters of mutual concern.
FISCAL IMPACT:
Outside organizations and regional authorities may provide a stipend, compensations, or reimbursement of expenses. Income derived from serving on these outside organizations and regional authorities is to be reported as required by the Fair Political Practice Commission (Form 806) filed in the City Clerk’s office.
Expenses for Council Members serving on these boards are reimbursed by the City if not covered by the outside organization.
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. Council Policy Chapter 3.04
2. Blank 2025 Council Assignments
3. Council Assignments Descriptions
4. Assignment Reference Sheet
Council Agenda- December 19, 2024
Page | 45
CHAPTER 3.04
OUTSIDE ORGANIZATIONS, REGIONAL AUTHORITIES
AND CITY COMMITTEES
Sections:
3.04.010 Outside Organizations, Regional Authorities and City Committees.
3.04.020 Procedure for Council Member Assignments.
3.04.030 Reporting Responsibilities of Appointees.
3.04.040 Representational Responsibilities of Appointees.
3.04.050 Current Appointments.
3.04.010 OUTSIDE ORGANIZATIONS, REGIONAL AUTHORITIES AND CITY COMMITTEES.
The City of Indian Wells has numerous relationships with outside organizations and regional authorities, such as the League of California Cities and the Coachella Valley Association of Gov- ernments (CVAG). The City Council annually assigns, pursuant to the “Draft” system set forth in section 3.04.020, one or more Council Members, as applicable, to serve as the City’s representative on the governing bodies of such organizations and authorities. Alternates appointed to these outside organizations have the same authority as the primary appointee when the appointee is absent. Once a Council Member has been assigned to participate in an outside organization or regional authority, separate approval is not needed to participate in a subcommittee of that organization or regional authority. The Council also annually assigns, pursuant to the “Draft” system set forth in section 3.04.020, Council Members to serve on City standing committees. Finally, the Council from time to time assigns Council Members to serve on City Ad-Hoc Committees without using the “Draft” system (See Chapter 3.05).
These outside organizations and regional authorities may provide a stipend, compensation, or reimbursement of expenses. Income derived from serving on these outside organizations and regional authorities is to be reported as required by the FPPC (Form 806).
3.04.020 PROCEDURE FOR COUNCIL MEMBER ASSIGNMENTS.
Annually or as vacancies occur, the City Clerk shall present to the Council a list of such outside organizations, regional authorities and City standing committees, and the names of Council Members currently assigned to them. The Council shall attempt to spread the various Council member assignments so that each Council Member fairly shares the responsibility of representing or conducting business for the City. At the time of assigning Council Members to such outside organizations, authorities and City standing committees, the Council shall first review the list of all such organizations, regional authorities and City standing committees. The Council shall then review the policies and procedures pertaining
to the assignment of individual Council Members to such bodies prior to making assignments (as described below).
ATTACHMENT #1
Council Agenda- December 19, 2024
Page | 46
The Council shall then vote to assign Council Members to such outside organizations, authorities and City standing committees. Assignments may thereafter be exchanged by affected Council Members at any time without need for approval by the entire Council.
The City utilizes what is commonly called the “Draft” system to assign Council Members to outside organizations, regional authorities and City standing committees. The “Draft” is based on seniority of the Council Members’ consecutive years of service. In the case where two or more Council Members have been initially elected on the same date, the Council member receiving more votes shall be deemed to have seniority. Each Council member, in order of seniority, selects one (1) choice of assignment followed in turn by the other Council Members choices, until all positions have been filled.
The Mayor shall automatically have priority right to serve on the CVAG Executive Committee. The Mayor and Mayor Pro Tem shall also automatically serve on the Council Standing Personnel Committee and Tee Standing Committee. For purposes of the “Draft”, the Mayor and/or Mayor Pro Tem may place their assignment on the CVAG Executive Committee, Personnel Standing Committee and Tee Standing Committee as their selection at any stage or in any of their turns in the “Draft”. Ad hoc committees comprised solely of Council Members are not subject to the “Draft.”
Concerning the foregoing Council Member assignments, Council Members serve as “non-voting” Members on their assigned City Commissions, Committees and Boards, including any Ad-Hoc Committee that includes resident members. For those years that there is/are no new Council Member(s), the Council in its sole discretion can chose to retain the existing assignments for another year, make some modifications to the existing assignments, or utilize the “draft” for Council member assignments.
3.04.030 REPORTING RESPONSIBILITIES OF APPOINTEES.
All Council Members representing the City on outside organizations, regional authorizes and City Committees should summarize their activities at Council meetings during Council Member’s reports. If the City reimburses a Council Member his/her actual and necessary expenses incurred in such representation, he/she shall give a report on the meetings he/she attended at the expense of the City at the next regular meeting of the City Council.
3.04.040 REPRESENTATIONAL RESPONSIBILITIES OF APPOINTEES.
Council Members assigned to outside organizations or regional authorities represent the City's interest, generally as determined by a majority of the Council. Council Members are not to represent or vote their own or individual positions on an issue, but that of the City, as articulated, directed or instructed by a majority of the Council. Wherever possible, all significant policy issues shall be brought before the Council for determination and instruction to the assigned Council Member. The assigned Council Member shall represent that position until such time as a majority of the Council changes or modifies its position on a policy issue.
Council Agenda- December 19, 2024
Page | 47
3.04.050 CURRENT APPOINTMENTS.
Current assignments to outside organizations and regional authorities are on file in the office of the City Clerk.
Council Agenda- December 19, 2024
2025 Council Committee Assignments
I. Regional Committees REED SANDERS WHITMAN TAYLOR PENNA California JPIA
RCTC & Sub Committees + (ALT.)
So. Cal. Association of Governments
II. Coachella Valley Committees
Coachella Valley Animal Campus + (ALT.)
CVAG Coachella Valley Conservation Commission &
CVAG Energy/Sustainability + (ALT.)
CVAG Executive Committee (Mayor)
CVAG Homelessness + (ALT.)
CVAG Public Safety + (ALT.)
CVAG Transportation +(ALT.)
Coachella Valley Economic Partnership
Coachella Valley Mountains Conservancy
Cove Communities Services Commission
Desert Recreation District (2 Councilmembers)
Desert Sands Unified School District (2 Councilmembers) Indian Wells Preservation Foundation
Sunline Transit Agency +(ALT.)
Visit Greater Palm Springs +(ALT.)
III. Indian Wells City Committees
Community Activities Committee + (ALT.)
Golf Resort Advisory Committee (2 Councilmembers)
Grants-In-Aid Committee + (ALT.)
Marketing Committee (2 Councilmembers)
ATTACHMENT #2
Council Agenda- December 19, 2024
2025 Council Committee Assignments
IV. Council Standing Committees
Finance & Legal Services Oversight Committee (2 Councilmembers) Personnel (Mayor & Pro Tem) X X
Public Safety Committee (2 Councilmembers)
Tee Committee (Mayor & Pro Tem) X X
Council Agenda- December 19, 2024
DESCRIPTIONS OF EXTERNAL ORGANIZATIONS AND
INDIAN WELLS CITY COMMITTEES
REGIONAL COMMITTEES:
California Joint Powers Insurance Agency
The Joint Powers Insurance Agency (JPIA) is the City's insurance agency providing broad liability coverage in the areas of general liability, worker’s compensation, property insurance and fidelity bonds. As a member, the City is allowed to send one elected official and one staff person to attend all meetings of the JPIA. The primary objective of the meetings is to provide information to member agencies; however, the meetings may also include discussion and/or decisions on issues which may directly affect the JPIA. Meeting dates and times vary, but most are held in Irvine.
Riverside County Transportation Commission
The Riverside County Transportation Commission meets on the second Wednesday of every month in the Riverside County Administrative Center, Board Room (first floor), located at 4080 Lemon Street, Riverside at 9:30 a.m. The Commission has 30 members and a small administrative staff that runs its programs and projects. Every city in the county holds a vote on the commission along with the five members of the Riverside County Board of Supervisors.
The Governor also appoints a non-voting member to the board who is the Director of Caltrans from the local District office. The Commission's responsibilities have grown in the 30 years since its inception from coordinating highway and transit planning and identifying projects for state and federal funding to responsibility for all aspects of region wide planning for Riverside County's mobility.
Southern California Association of Governments
Founded in 1965, the Southern California Association of Governments (SCAG) is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization (MPO) and under state law as a Regional Transportation Planning Agency and a Council of Governments.
The SCAG region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura) and 191 cities in an area covering more than 38,000 square miles.
The agency develops long-range regional transportation plans including sustainable communities’ strategy and growth forecast components, regional transportation improvement ATTACHMENT #3
Council Agenda- December 19, 2024
programs, regional housing needs allocations and a portion of the South Coast Air Quality management plans. ( https://scag.ca.gov/about-us)
COACHELLA VALLEY COMMITTEES:
Coachella Valley Animal Campus
The Coachella Valley Animal Campus is administered by a body known as the Coachella Valley Animal Campus Commission, consisting of one elected official from each member jurisdiction.
This body will be accountable for the operational oversight of the facility. The Commission is further tasked to create a community of no more homeless, unwanted or lost animals.
CVAG Coachella Valley Association of Government
CVAG Coachella Valley Conservation Commission: The Coachella Valley Multiple Species Habitat Conservation Plan is a shared regional vision for balanced growth to conserve Coachella Valley’s natural resources while also building a strong economy vital to our future.
The Joint Powers Agreement (JPA) for the Coachella Valley Conservation Commission (CVCC) is a result of the Coachella Valley Multi-Species Habitat Conservation Plan (CVMSHCP) and will essentially become the entity responsible for carrying out the implementation of the CVMSHCP.
The Conservation Commission meets on the second Thursday of each month.
CVAG Energy & Sustainable Committee (E&S): Membership is comprised of elected officials and Tribal Council members only. The E&E is a forum for member jurisdictions to discuss environmental and energy related issues and to make policy recommendations to the Executive Committee. The E&S meets the second Thursday of each month.
CVAG Executive Committee (Mayor): The Executive Committee is the policy making body of CVAG. Membership is comprised of Mayors, County Supervisors, and the Tribal Council Chairmen unless the jurisdictional body designates another member. The Executive Committee meets the last Monday of each month.
CVAG Homelessness Committee: The CVAG Homelessness Committee consists of one elected official from each member jurisdiction and eight ex -officio members representing homeless service agencies and meets on the third Wednesday of each month.
CVAG Public Safety Committee: The Public Safety Committee is a forum for elected officials and law enforcement professionals to discuss issues and provide policy recommendations in law enforcement and public safety. The Public Safety Committee meets the second Monday of each month.
CVAG Transportation Committee: The Transportation Committee makes recommendations to the Executive Committee on issues pertaining to transportation and
Council Agenda- December 19, 2024
congestion management. The Transportation Committee meets the second Monday of each month.
Coachella Valley Economic Partnership
Established in 1994, CVEP has emerged as a vital innovator of regional business development initiatives. The partnership promotes a diversified, year -round economy by facilitating programs that stimulate job creation in key industries through business attraction, retention and expansion. The Board meets on the 3rd Wednesday of each month.
Coachella Valley Mountains Conservancy
The Coachella Valley Mountains Conservancy is a state agency under the Resources Agency of the State of California. This Conservancy's mission is to acquire and hold in trust open space in the mountainous lands surrounding the Coachella Valley, and to provide for the public's enjoyment and use of those lands consistent with the protection of cultural, scientific, scenic, and wildlife resources.
The Conservancy is directed by a 20-member Governing Board, including representatives of seven Coachella Valley cities, two County Supervisors, the Tribal Chairman of the Agua Caliente Band of Cahuilla Indians, three citizen appointees, and one representative each from the Resources Agency, the Department of Fish and Game, the Department of Parks and Recreation, the Wildlife Conservation Board, the University of California, the Bureau of Land Management, and the United States Forest Service.
Cove Communities Commission
The Cove Communities Services Commission, which consists of the cities of Indian Wells, Palm Desert and Rancho Mirage, was created to provide a unified, cooperative, integrated, and effective approach to fire protection, rescue, and medical aid services. In addition, the Cove Commission discusses and makes policy on several other issues of mutual interest. These issues include but may not be limited to recreational services and facilities, human and cultural resources, and deregulation of the electrical industry. The Cove Commission meets quarterly rotating between the three Cove cities.
Desert Sands Unified School District Committee
The objective of the partnership with Desert Sands Unified School District is to meet and discuss issues of mutual concern between the City and District including, Gerald Ford Elementary School, traffic matters, public safety programs, pedestrian safety, etc. The Two - by-Two Committee partnership consists of two District board members Board and two Council Members. The Committee meets on an as needed basis.
Council Agenda- December 19, 2024
Desert Recreation District
The Desert Recreation District is the largest park and recreation district in California . The District manages, maintains and assists in maintaining over 43 parks and recreation facilities; creates and delivers quality programs, services and classes; and, facilitates leisure opportunities through partnerships with private and public agencies and entities as they strive to ensure members of the public receive personal benefits such as physical fitness, relaxation and revitalization; social benefits in the form of stronger and healthier families and enriching the lives for persons with disabilities, and economic benefits through more productive and healthier citizens and increased tourism.
Desert Recreation District (the District) has been instrumental in enhancing the quality of life for residents and visitors through the recreational activities we offer in the Greater Coachella Valley. The Two-by-Two Committee partnership consists of two District board members Board and two Council Members. The Committee meets on an as needed basis.
Indian Wells Preservation Foundation
The Indian Wells Preservation Foundation (IWPF) is a 501(c)(3) nonprofit organization that seeks to document, preserve, and promote the unique character and rich history of Indian Wells, California, 92210. Formed in December 2001, Indian Wells Historic Preservation Foundation was incorporated in March 2002, and the name was updated to Indian Wells Preservation Foundation in March 2023.
The Foundation is committed to raising awareness and promoting engagement with our community, business partners and interconnected neighboring cities. Indian Wells is proud of the diversity of architecturally significant homes, neighborhoods, and historic golf & tennis communities. Join us in supporting the Indian Wells Preservation Foundation.
Sunline Transit Agency Board of Directors
Sunline Transit Agency, which provides transportation services for the entire Coachella Valley, has 175 employees and a budget of approximately $11 million. The Board of Directors is comprised of all nine Valley cities and the County. The Board serves as the policy body for the Transit Agency. In addition, the Board of Directors has several active committees including marketing, regional access, personnel, and finance. Board meetings are held on the fourth Wednesday of each month at the Agency.
Visit Greater Palm Springs – Executive Committee
The mission of the Executive Committee is to establish and review philosophical and fiscal policies that will allow the CVA to achieve its goals. The duties include managing the affairs and evaluating the performance of the Joint Powers Authority, hiring of the President of the
Council Agenda- December 19, 2024
CVA, authorizing contracts for service and adopting the annual budget. Voting members are elected/appointed members from active public organizations that have not given notice to withdraw. Each active public member appoints one elected official as an alternate. The County appoints one elected official as the designated delegate and either a second elected official or a senior staff member as the alternate member. City Managers are ex -officio members. The Hospitality Industry and Business Council chairman appoints three ex-officio members for a one-year term. The meetings are held on the third Friday of each month.
INDIAN WELLS COMMITTEES:
Community Activities:
The overall mission of the Committee is to plan for encouraging and fostering community interaction among residents, propose an annual calendar for community activities, and assist with the planning and implementation of events. The Community Activities Committee consists of two (2) non-voting City Council Members.
The Community Activities Committee consists of five (5) resident voting members and two (2) non-voting City Council Members.
Meeting Time: Meets on the second Thursday of each month at 3:00 p.m.
Grants-In-Aid:
• Perform a comprehensive review and analysis of requesting agencies’ operation and performance in providing services.
• Make recommendations to the City Council for the distribution of public funds to worthy charities, community organizations and schools throughout the Coachella Valley under the City’s Community Assistance Program and the School Grant Program.
• Act as direct liaisons to agencies, making on-site visits to learn in detail about their operations.
The Grants in Aid Committee consists of five (5) voting resident members and two (2) non- voting City Council Members.
Meeting Time: Meets on the second Tuesday of September and October at 2:30 p.m.
Indian Wells Golf Resort Advisory:
The Golf Resort Advisory Committee consists of the following members with voting authority for purposes of the Committee’s work:
Council Agenda- December 19, 2024
• General Manager from each of the City’s Resort Hotels, the Hyatt Regency, Indian Wells Resort Hotel, Miramonte Resort, Renaissance Esmeralda Resort. • General Manager of the Indian Wells Golf Resort, the Indian Wells Resort’s Director of Golf, and the Indian Wells Resort’s Director of Agronomy. • Five (5) residents; two City Council members who serve in an ex-officio capacity and the City Manager and/or designee serve as staff liaison of the Committee.
Recommend to the City Council golf resort service levels, maintenance, and quality of the guest’s experiences at the Indian Wells Golf Resort. Advise and make recommendations to the City Council on issues pertaining to the Indian Wells Golf Resort
Meeting Time: Meets on the fourth Tuesday of each month at 2:00 p.m.
CITY COUNCIL STANDING COMMITTEES:
Finance/legal services oversight:
The Finance Committee’s role is to oversee the financial affairs of the City and review and make recommendations to the City Council about the financial affairs and policies of the City.
The Finance Committee supports the City Council in the performance of its responsibilities for the protection of the City’s financial well-being, and for the adoption of effective and appropriate strategies for fiscal prudence and wealth preservation.
The Finance Committee oversees the development of the City budget and capital improvement plan. The Finance Committee is responsible for reviewing, modifying, and approving draft forms of the City biennial operating budget and capital improvement plan. Once the City budget and capital improvement plan is approved by the Finance Committee, the City budget and capital improvement plan is forwarded to the City Council for final approval and adoption.
The Finance Committee reviews the City’s long-term cash flows, ensuring continued fiscal prudence while meeting the operational needs and capital goals of the City.
The Finance Committee oversees the City’s annual audit. The accounting firm of Mayer Hoffman McCann P.C. was appointed by the City Council and reports directly to the Finance Committee to perform the annual audit. The Committee meets with the City auditors a minimum of two times a year. The first meeting is conducted during the interim audit to discuss additional audit measures, testing, weaknesses, or additional agreed upon procedure reviews. A final or “close out” meeting is conducted with the City’s auditors at the conclusion of the annual audit to discuss any findings, adjustments, or improvements which need to be implemented. The Finance Committee annually reports the results of the City’s annual audit directly to the City Council.
The Finance Committee is responsible for assisting the City Council in the assessment and enhancement of the effectiveness of internal controls and financial risk management. The Finance Committee provides advice to the City Council on appropriate frameworks for financial
Council Agenda- December 19, 2024
risk identification and management. The Finance Committee identifies and recommends measures to improve financial performance and achieve an adequate system of internal controls within the City.
The Finance Committee also services as the Legal Services Oversight Committee, which is responsible for oversight of the City Attorney agreement and usage of outside legal counsel.
Marketing Committee
The Marketing Committee (the “Committee”) is established to direct and manage the Tourism and Marketing Program. The Committee shall consist 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 Tennis Garden General Manager, and the City Manager. The general managers are collectively referred to herein as “Resort Members”. 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.
The Committee’s primary responsibility is to increase tourism-related revenue.
Personnel Committee (Mayor & Pro Tem)
The Personnel Committee is comprised of the Mayor, Mayor Pro-Tem, the City Manager and the Personnel Director. The primary function of this committee is to review employee relations, wage, salary and benefits administration. The committee meets on a needed basis.
Public Safety Committee
The Public Safety committee consisting of two Council members, the City Manager, Public Safety Director and the Police Chief meet to discuss all aspects of public safety in the City. The committee will make recommendations back to Council regarding levels of service, burglaries/robberies, traffic enforcement, fire and paramedic and emergency management issues. The committee meets on a needed basis.
Tee Committee: (Mayor & Pro Tem)
The Committee is comprised of the General Managers of the Hyatt Grand Champions and the Renaissance Esmeralda (the “Grantor Hotels”) as part of the easement agreement executed when the Golf Resort was built on land surrounding the two hotels. The purpose of the Committee is to discuss the reservation of golf rounds allocated to these hotels. The hotels are responsible for holding meetings on a needed basis.
Council Agenda- December 19, 2024
Regional Committees
California JPIA
Member: 1 elected official
Meets: Meeting date/time varies
Location: La Palma, CA
Stipend Paid
Riverside Co. Transportation Commission (RCTC)
Member: 1 elected official and 1 alternate
Meets: 2nd Wednesday of each month at 9:30 a.m.
Location: RCTC Office in Riverside
Stipend Paid
So. Cal. Association of Governments
Member: 1 elected official
Regional Meetings/Annual General Assembly
Coachella Valley Committees
Coachella Valley Animal Campus Member: 1 elected official, 1 alternate Meets: 1st Thursday of every other month at 9:30 a.m.
(February, May, August, Novemebr)
Location: CVAG Office or Animal Campus
Coachella Valley Economic Partnership
Member: 1 elected official
Meets: 3rd Wednesday of each month at 8:00 a.m.
Location: Varies
CVAG Coachella Valley Conservation Commission
Member: 1 elected official, 1 alternate
Meets: 2nd Thursday of each month at 10:30 a.m.
CVAG Energy & Sustainability
Member: 1 elected official, 1 alternate
Meets: 2nd Thursday of each month at Noon
Location: CVAG Offices
Stipend Paid
CVAG Executive Committee
Member: 1 elected official (Mayor)
& City Manager
Meets: Last Monday of each month at 4:30 p.m.
Location: CVAG Offices
Stipend Paid
CVAG Homelessness
Member: 1 elected official, 1 alternate
Meets: 3rd Wednesday of each month at 10:00 a.m.
Location: CVAG Offices
Stipend Paid
CVAG Public Safety
Member: 1 elected official, 1 alternate
Meets: 2nd Monday of each month at 9:00 a.m.
Location: CVAG Offices
Stipend Paid
CVAG Transportation
Member: 1 elected official, 1 alternate
Meets: 1st Monday of each month at 10:00 a.m.
Location: CVAG Offices
Stipend Paid
n/a
n/a
Alternate
n/a
2025 COUNCIL COMMITTEE ASSIGNMENTS
Reference Sheet
Representative
ATTACHMENT #4
Council Agenda- December 19, 2024
Coachella Valley Mountains Conservancy
Member: 1 elected official
Meets: Quarterly at 3:00 p.m.
(February, May, August, November)
Location: 73-710 Fred Waring Drive, Palm Desert Conf. Room 110 Stipend Paid
Cove Communities Services Commission
Member: 2 elected officials
Meets: As need basis
Location: Rotation between three Cove Cities
Desert Sands Unified School District
Member: 2 elected officials
Meets: As needed basis
Location: TBD
Desert Recreation District
Member: 2 elected officials
Meets: As needed basis
Location: TBD
Indian Wells Preservation Foundation
Member: 1 elected officials
Meets: As needed basis
Location: TBD
Visit Greater Palm Springs
Member: 1 elected official, 1 alternate
Meets: 3rd Friday of each month at 8:30 a.m.
Location: Rancho Mirage
Stipend Paid
Sunline Transit Agency
Member: 1 elected official, 1 alternate
Meets: 4th Wednesday of each month at Noon
Location: Sunline Transit Agency Board Room
Stipend Paid
Indian Wells Committees
Community Activities Committee
Member: 1 elected official, 1 alternate
Meets: 2nd Thursday of each month at 3:00 p.m.
Location : City Hall
Golf Advisory Committee
Member: 2 elected officials
Meets: 4th Tuesday of each month at 2:00 p.m.
Location : City Hall/Indian Wells Golf Resort
Grants In Aid Committee
Member: 1 elected official, 1 alternate
Meets: 2nd Tuesday of each month at 2:30 p.m.
Location : City Hall
Marketing Committee
Member: 2 elected officials
Meets: As need basis
Location: City Hall
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Council Agenda- December 19, 2024
Council Standing Committees
Finance/Legal Services Oversight
Member: 2 elected officials
Meets: As need basis
Personnel (Mayor & Mayor Pro Tem)
Member: 2 elected officials
Meets: As need basis
Public Safety Committee
Member: 2 elected officials
Meets: Third Wednesday of the month at 3:00 p.m. (quarterly basis) January, April, July, and October
Tee Committee (Mayor & Mayor Pro Tem)
Meets: As need basis, based on Hotel Partners Request Reed Reed
Whitman n/a
Whitman
n/a
n/a
n/a
Council Agenda- December 19, 2024