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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY 2025
especially when the ambient background noise level is lower during the early morning and late afternoon hours.
This report has been organized into multiple sections for ease of reference. Section 1 introduces the Project and provides a general discussion on Project Components. Section 2 discusses Noise Fundamentals. Section 3 presents the Indian Wells Noise Standards.
Section 4 discusses the Ambient and Pickleball Noise Survey, Section 5 discusses the Noise Analysis and Impact Assessment. Section 6 presents the Noise Control Analysis, including Recommendations. Section 7 discusses general pickleball noise and Section 8 discusses the Conclusion.
(Remainder of page is blank)
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INTRODUCTION
Acoustics Group, Inc., (AGI) was retained by the City of Indian Wells to evaluate pickleball noise for the proposed pickleball courts at the Renaissance Esmeralda Resort and Spa.
Renaissance Esmeralda Resort and Spa is proposing the addition of four (4) pickleball courts and the City seeks to quantify the noise from proposed pickleball play and evaluate noise control if determined to be necessary. Figure 1 shows the location of the future pickleball courts with respect to Renaissance Esmeralda Resort and Spa, nearby residential homes, and future resort property. Figure 2 shows the four (4) pickleball court layout.
Figure 1. Locations of the Proposed Pickleball Courts
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY C1
ATTACHMENT C
AP. . M.* VI
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Figure 2. Proposed Pickleball Four (4) Court Layout
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY
NOISE FUNDAMENTALS
Noise is most often defined as unwanted sound. Although sound can be easily measured, the perceptibility is subjective and the physical response to sound complicates the analysis of its impact on people. People judge the relative magnitude of sound sensation in subjective terms such as "noisiness" or "loudness." Sound pressure magnitude is measured and quantified using a logarithmic ratio of pressures, the scale of which gives the level of sound in decibels (dB).
The human hearing system is not equally sensitive to sound at all frequencies. Therefore, to approximate this human, frequency -dependent response, the A -weighting filter system is used to adjust measured sound levels. The A -weighted sound level is expressed in "dBA" or "dB(A)". Figure 3 provides typical A -weighted sound levels measured for various sources, as well as people's responses to these levels.
When sound is measured for distinct time intervals, the statistical distribution of the overall sound level can be obtained during that period. The energy -equivalent sound level (Leq) is the most common parameter associated with such measurements. The Leq metric is a single -number noise descriptor which represents the average sound level over a given period of time, where the actual sound level varies with time. Lmax, Lmin, and Lxx are also common noise descriptors. Lmax and Lmin are the maximum and minimum noise levels, respectively, and Lxx, known as a statistical sound level, is the time -varying noise level which would be exceeded xx percent of the time. For example, L50 is the average noise level that is exceeded 50% of the measurement duration or for 30 -minutes in a 60 - minute period.
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Jet Engine
41 -
Shotgun Firing r✓
Thunderclap /
-, I
Rock Music Band
Garbage Truck
,- Lawnmower
Average City Traffic Noise `
Vacuum (leaner
Normal Conversation '4
Quiet Office
Refrigerator Humming
Whisper )k
,1100.
f L
Rustling Leaves
Normal Breathing
Noise Source
140
130
120
110
100
90 80
70 60
50 40
30 20
10 At
Harmfully Loud
Pain Threshold
Regular exposure over 1 minute
risks permanent hearing loss
No more than 15 minute
exposure recommended
Annoying
Annoying - interferes
with conversation
Telephone use Difficult
Comfortable
Quirt
Very Quiet
Just Audible
Threshold of Hearing
d84A) Noise Level Response
Source: Melville Branch and R. Beland, 1970. EPA/ONAC 550/9-74-004, March 1974.
Figure 3. Typical A -weighted Noise Levels
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NOISE STANDARDS
The City of Indian Wells Noise Ordinance Section 9.06.040 specifies exterior noise standards for residential uses. The City sets a cumulative Leq daytime and nighttime residential noise standard of 55 and 50 dBA, respectively. Additionally, there are increased noise level allowances for shorter cumulative time periods with a daytime and nighttime Lmax of 75 and 70 dBA, respectively. Additionally, if the ambient noise level exceeds the noise levels permitted by the 30 and 15 minutes per hour categories the allowed noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the daytime and nighttime residential Lmax of 75 and 70 dBA, respectively, the maximum ambient noise level shall be the noise limit. Table 1 summarizes the City of Indian Wells Noise Standards. Refer to Appendix B for the City of Indian Wells Noise Standards.
Table 1. Indian Wells Residential Exterior Noise Standard Period
Leq, dB
Daytime (7:01AM to 10:OOPM)
55 Nighttime (10:01 PM to 7:OOAM)
50 Note:
Decibels
Time Period, dBA
Daytime/Nighttime)
Cumulative Period
+3
58/53
30 minutes/hour
+5
60/55
15 minutes/hour
+10
65/60
5 minutes/hour
+15
70/65
1 minute/hour
+20
75/70
Not to be exceeded
Source: City of Indian Wells Municipal Code, Section 9.06
AMBIENT AND PICKLEBALL NOISE SURVEY
Methodology
Five (5) BrOel & Kj r Model 2270 Acoustical Analyzers were used to conduct the noise survey measurements. The analyzers are precision Type 1 instruments that were calibrated to laboratory standards. The instrument systems were field calibrated before and after the measurements to ensure accuracy and were operated per manufacturer's recommendations.
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Ambient Noise Survey
AGI conducted a noise survey on March 25 to March 26, 2025, to document baseline ambient noise levels. Four long-term 24 -hour noise measurements to document baseline noise levels: NM1 (future commercial hotel boundary to the east), NM4 (resort guestrooms to the west), and NM5 (resort property to the east) are located within resort commercial zones, while NM2 (residential to the southeast) and NM3 (residential to the south) are located in residential zones. Refer to Figure 4 for the location of the noise monitors.
Figure 4. Noise Measurement Locations
NM41
ST4.1/ ST4.2
At NM1, the measured ambient Leq ranged from 45 to 56.6 dBA. At NM2, the measured ambient Leq ranged from 48.8 to 65.8 dBA. At NM3, the measured ambient Leq ranged from 51.3 to 65.8 dBA. At NM4, the measured ambient Leq ranged from 46.1 to 55.8 dBA.
NM4 was placed between the 4t" and 5th floor above the banquet ballroom shielding. At NM5, the measured ambient Leq ranged from 43.1 to 54.8 dBA. Noise sources at NM1, NM2, NM3, and NM5 included vehicular traffic and aircraft noise. At NM4, noise sources APRIL 15, 2025 8
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY included vehicular traffic and resort activity (people talking, walking by). Table 2 summarizes the ambient noise measurement data.
Table 2. Existing Ambient Noise Levels
Receiver
Existing Ambient Noise Levels, dBA
Description
Time
Leq
Lmin
Lmax
NM1
Future Hotel Resort
to the East
3/25/25 3:00 PM -
3/26/25 3:00 PM
45.0 to
56.6 37.2
77.7 Vehicular Traffic,
Aircraft
NM2 32.8
Nearest Residence
to the Southeast
3/25/25 3:00 PM —
3/26/25 3:00 PM
48.8 to
65.8 Aircraft
.
957
Vehicular Traffic,
NM3
Nearest Residence
to the South
3/25/25 3:00 PM —
3/26/25 3:00 PM
51.3 to
65.8 34.7
90.4 Vehicular Traffic,
Aircraft
NM4
Hotel Guestrooms
(Worst Case
between 4th and 5th
floor above Banquet
Ballroom shieldinc)
3/25/25 3:00 PM —
3/26/25 3:00 PM
46.1 to
55.8 48. .
7 647
Vehicular Traffic,
Resort Activity
NM5
On Property Directly
East of Proposed
Courts
3/25/25 3:00 PM —
3/26/25 3:00 PM
43.1 to
54.8 35.9
62.4 Vehicular Traffic,
Aircraft
Propagation noise survey
A propagation noise survey was conducted at the project site to quantify the sound attenuation and reflection between the proposed pickleball court location and the nearest residential or noise sensitive receptors. The survey included the acoustical effects including any reflection (from buildings, barriers, and structures) that could affect the propagation of noise from the pickleball courts to the nearest residential boundaries. The amount of attenuation is attributed to the topography, foliage, structures, and meteorological conditions. A broadband noise spectrum was generated with loudspeakers and simultaneously measured in the near field (at a distance of 25 -feet from the source) and far field at each noise monitoring location (NM1 through NM5). The loudspeakers were configured with a source height of approximately 5 -feet above the ground and noise measurements were conducted with a microphone height of approximately 5 -feet above the ground. Noise measurement location ST4.1 experiences shielding from the Banquet Ballroom, therefore a long-term monitor (NM4) and an additional short-term measurement (ST4.2) was placed between the fourth and fifth floor.
Additionally, measurements were taken at the Renaissance Esmeralda south wall (ST2.1, ST2.2, ST3.1, ST3.2), the north residential community wall (ST2.3, ST3.3), and at the residences (ST2.4, ST3.4) to measure the far -field attenuation and barrier attenuation.
The noise measurement data was used to calibrate the noise model to accurately model the onsite acoustical conditions. Refer to Appendix A for the attenuation test data.
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Pickleball Demonstration Survey
Demonstrative pickleball play was measured at a local pickleball facility near the City of Indian Wells on February 20, 2025, to document pickleball noise characteristics. Noise from pickleball play directly surrounding the court ranged from 62.1 to 63.3 dBA.
Additional noise measurements were conducted at Tustin Pickleball on March 3, 2025, to document pickleball play with a quiet paddle, specifically Hush Paddles. At Tustin Pickleball, standard pickleball noise levels directly surrounding the court ranged from 63.7 to 73.8 dBA. When Quiet/Hush Paddles were used, the pickleball noise levels ranged from 44.7 to 73.6 dBA. Refer to the Appendix A for the pickleball noise measurement data.
Noise measurements of the pickleball play were processed and used to create acoustic source data for the noise control analysis. Adjustments were made to the data to account for advanced pickleball players with harder and louder ball strikes. Refer to Figure 5 for a plot of pickleball impact noise. The spectral content of a standard paddle impact noise typically ranges between 500 and 2,000 Hertz. The Hush and Owl Paddles reduce the impulsive noise of a pickleball strike and can assist in reducing the "annoyance" that can be associated with the noise created during pickleball play. 90 80
- 70
v
✓
60 v 50
40 30
20 Regular Pickleball Paddle vs Owl Paddle vs Hush Paddle Impact Noise y yo 0ti� ho (o yti� moo �ti� goo goo �� ti� y� � %
ti 3 titi.
Frequency, Hz
- Regular Paddle
- Hush Paddle
Owl Paddle
Figure 5. Pickleball Impact Noise Spectral Data
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NOISE ANALYSIS AND IMPACT ASSESSMENT
Methodology
The methodology used to analyze and predict operations noise involved the use of the CadnaA computer noise model. CadnaA can simulate the physical environment by factoring in x, y, and z geometrics of a particular site to simulate the buildings, obstacles, and topography. The model uses industry recognized algorithms (ISO 9613) to perform acoustic analyses. The noise generated by future pickleball courts was calculated by inputting acoustic sources at the project site as well as site geometrics. AGI's measurement data from the pickleball noise measurements was used for the modeling inputs and calibration. All proposed courts were modeled to simulate and predict a full capacity noise analysis for continuous pickleball play during the hours from 8AM to 10PM.
Pickleball play is expected to only occur during the daytime hours of 8AM to 10PM.
The CadnaA Noise Model was also used to evaluate noise control options. The use of the computer model allows the maximum noise level to be evaluated without interference from extraneous ambient noise sources.
Pickleball activity was modeled with meteorological conditions at 68 degrees F, relative humidity at 30% and zero wind. Changes in meteorological conditions can affect pickleball noise propagation and audibility at nearby residential boundaries. (Remainder of page is blank)
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Noise Analysis
The Leq from the pickleball play on the proposed four (4) courts was evaluated with the CadnaA Acoustical Model and determined to be 45.6, 36.0, 40.5, 49.5, and 65.6 dBA at locations NM1 through NM5, respectively. Pickleball Lmax noise levels will be as high as
60.6, 51.0, 55.5, 64.5, 80.6 dBA at the same locations. NM4 was measured and modeled between the 4th and 5th floor above the shielding provided by the banquet ballroom building and pickleball noise levels at the ground floor would be lower due to the shielding.
At locations NM2A and NM3A, future pickleball noise will comply with the City's Daytime Residential Noise Standard of 55 dBA. Pickleball noise will also comply with the Residential Lmax standard of 75 dBA during the daytime hours. At locations NM1 and NM4, future pickleball noise will below the existing ambient noise level and the City's Daytime Residential Noise Standard and Lmax standard of 55 and 75 dBA, respectively; however, NM1 and NM4 are located within resort commercial area and not subject to residential noise standards. Although the noise level at NM5 exceeds the existing ambient noise level, and the residential Leq and Lmax standards, the receptor is also located within a resort commercial area and is not subject to residential noise limits per the City's Ordinance. The Ordinance permits higher noise levels in commercial properties, evaluating such noise based on its impact on adjacent sensitive receptors, such as nearby residential areas.. Pickleball noise could remain audible and may still be a source of annoyance to sensitive individuals, especially when the ambient background noise level is lower.
Tables 3 and 4 summarize the pickleball noise levels with all four courts in play with impact assessment. Figure 6 presents the pickleball Leq noise contour map for a receptor height of 5 -ft above the ground. Tables 5 through 9 present the hourly assessment at NM1 through NM5, respectively. Figures 7 through 11 present a comparison of pickleball noise, ambient noise, and the noise standard at NM1 through NM5, respectively.
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY Cr Table 3. Summary of Pickleball Leq Noise Levels and Impact Assessment Receptor
Land Use
4 courts -
Pickleball Noise
Level, Leq, dBA
Indian Wells
Noise Standard,
Leq, dBA
(Daytime)
Ambient
Noise Level,
dBA'
Assessment
(Daytime)
NM1
Commercial
45.6 N/A5
50.7 - 56.6
N/A5
NM2A
Residential
36.0 55
57.1 - 63.32
Compliance
NM3A
Residential
40.5 55
56.1 - 60.43
Compliance
NM44
Commercial
49.5 N/A5
50.4 - 55.8
N/A5
NM5
Commercial
65.6 N/A5
48.3 - 54.8
N/A5
Note: 'The pickleball courts are proposed to operate during the daytime hours of 8AM to 10PM. 2Hourly ambient noise levels for NM2A were calculated based on a simultaneous 24 -hour ambient noise measurement at NM2. 3Hourly ambient noise levels for NM3A were calculated based on a simultaneous 24 -hour ambient noise measurement at NM3. 4NM4 was measured and modeled between the 4th and 5th floor above the banquet ballroom shielding. Pickleball noise levels at the ground floor are expected to be lower.
5Receptors NM1, NM4, and NM5, are located within report commercial area and not subject to residential noise standards.
Table 4. Summary of Pickleball Lmax Noise Levels and Impact Assessment Receptor
Land Use
4 courts - Pickleball
Noise Level, Lmax,
dBA
Indian Wells Noise
Standard, Lmax,
dBA
(Daytime)
Assessment
(Daytime)
NMI
Commercial
60.6 N/A1
N/A1
NM2A
Residential
51.0 75
Compliance
NM3A
Residential
55.5 75
Compliance
NM42
Commercial
64.5 N/A1
N/A1
NM5
Commercial
80.6 N/A1
N/A1
Note:' Receptors NM1, NM4, and NM5, are located within report commercial area and not subject to residential noise standards. 2NM4 was measured and modeled between the 4th and 5th floor above the banquet ballroom shielding. Pickleball noise levels at the ground floor are expected to be lower.
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY C1 Figure 6. Pickleball Leq, dBA Noise Contour Map
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY Table 5. Impact Assessment of Pickleball Noise at NMI
Hour Start
Time
Pickleball Noise
Level, Leq, dBA'
Ambient Noise,
Leq, dBA
Noise Standard,
Leq, dBA2
Assessment
8:00 AM
45.6 54.3
N/A2
N/A2
9:00 AM
45.6 55.7
N/A2
N/A2
10:00 AM
45.6 53.9
N/A2
N/A2
11:00 AM
45.6 52.0
N/A2
N/A2
12:00 PM
45.6 50.7
N/A2
N/A2
1:00 PM
45.6 50.9
N/A2
N/A2
2:00 PM
45.6 51.2
N/A2
N/A2
3:00 PM
45.6 56.6
N/A2
N/A2
4:00 PM
45.6 54.7
N/A2
N/A2
5:00 PM
45.6 53.4
N/A2
N/A2
6:00 PM
45.6 54.1
N/A2
N/A2
7:00 PM
45.6 53.0
N/A2
N/A2
8:00 PM
45.6 52.3
N/A2
N/A2
9:00 PM
45.6 52.2
N/A2
N/A2
Note: 1Pickleball will operate during the daytime hours of 8AM to 1 0PM 2Receptor NM1 complies with residential noise standard but is located within report commercial areas and not subject to residential noise standards.
Pickleball Noise Levels at NM1
75 70
• 65
71 • 60
a
J
2 55
L
c • 50
- 45
v
c
40 35
30 ■ Ambient Noise Level, dBA
Project Noise Level, dBA
• Residential Noise Standard, dBA
� \--\\ P• Q2 Q2 <2 Q� Q2 Q2 Q2 Q2 Q� Q2
OO O O O O .O O OO OO OO OO OO OO OO OO OO OO
OO. .OO- .OO• .OO- OO. .OO- OO. OO. OO. OO. OO. .OO. OO. OO.
Start Time (Hour)=
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2Receptor NM1 complies with residential noise standard but is located within report commercial areas and not subject to residential noise standards.
Figure 7. Comparison of Future Pickleball Noise with Ambient Noise at NMI APRIL 15, 2025
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Table 6. Impact Assessment of Pickleball Noise at NM2A
Hour Start
Time
Pickleball Noise
Level, Leq, dBA'
Ambient Noise,
Leq, dBA2
Noise Standard,
Leq, dBA
Assessment
8:00 AM
36.0 60.2
55 Compliance
9:00 AM
36.0 59.5
55 Compliance
10:00 AM
36.0 59.6
55 Compliance
11:00 AM
36.0 59.7
55 Compliance
12:00 PM
36.0 59.8
55 Compliance
1:00 PM
36.0 60.3
55 Compliance
2:00 PM
36.0 61.7
55 Compliance
3:00 PM
36.0 63.3
55 Compliance
4:00 PM
36.0 59.6
55 Compliance
5:00 PM
36.0 58.9
55 Compliance
6:00 PM
36.0 59.2
55 Compliance
7:00 PM
36.0 58.4
55 Compliance
8:00 PM
36.0 57.8
55 Compliance
9:00 PM
36.0 57.1
55 Compliance
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2Hourly ambient noise levels for NM2A were calculated based on a simultaneous 24 -hour ambient noise measurement at NM2.
75 70
m
-p 65
60 ai
J
2 55
L
IA
50 v
L
a 45
40 o
35 30
Pickleball Noise Levels at NM2A
■ Ambient Noise Level, dBA
Project Noise Level, dBA
• Residential Noise Standard, dBA
P� P P P Q Q2 <2 Q Q Q Q <2
pO OO OO OO OO .OO .OO .OO .OO .OO O O
.OO 0 .00
O. OO- OO. O OO- .OO OO OO. OO. OO. OO. .OO- OO. .OO.
(b• ,. yO. 'y yam. ti. 0'. D. h. co. A. cb. O.
Start Time (Hour)
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM Figure 8. Comparison of Future Pickleball Noise
with Ambient Noise and Residential Noise Standard at NM2A APRIL 15, 2025
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Table 7. Impact Assessment of Pickleball Noise at NM3A
Hour Start
Time
Pickleball Noise
Level, Leq, dBA'
Ambient Noise,
Leq, dBA2
Noise Standard,
Leq, dBA
Assessment
8:00 AM
40.5 59.2
55 Compliance
9:00 AM
40.5 58.5
55 Compliance
10:00 AM
40.5 59.0
55 Compliance
11:00 AM
40.5 58.9
55 Compliance
12:00 PM
40.5 59.0
55 Compliance
1:00 PM
40.5 59.4
55 Compliance
2:00 PM
40.5 60.2
55 Compliance
3:00 PM
40.5 60.4
55 Compliance
4:00 PM
40.5 58.9
55 Compliance
5:00 PM
40.5 58.5
55 Compliance
6:00 PM
40.5 58.3
55 Compliance
7:00 PM
40.5 57.2
55 Compliance
8:00 PM
40.5 56.6
55 Compliance
9:00 PM
40.5 56.1
55 Compliance
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2Hourly ambient noise levels for NM3A were calculated based on a simultaneous 24 -hour ambient noise measurement at NM3.
75 70
m
▪ 65
ai 60
J
55 2 50
a
3 • 45
o
40 35
Pickleball Noise Levels at NM3A
P� P� P� P� Q2 Q2 <2 Q� Q Q� Q2 Q2 Q2 Q2
O OO OO O .OO .OO .OO O .OO O .OO .OO .OO .OO
OO. OO. OO. .OO. .OO• .OO* .OO* .OO* OO. O. O. .O O. O.
Start Time (Hour)
■ Ambient Noise Level, dBA
Project Noise Level, dBA
■ Residential Noise Standard, dBA
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM Figure 9. Comparison of Future Pickleball Noise
with Ambient Noise and Residential Noise Standard at NM3A APRIL 15, 2025
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Table 8. Impact Assessment of Pickleball Noise at NM4
Hour Start
Time
Pickleball Noise
Level, Leq, dBA1
Ambient Noise,
Leq, dBA
Noise Standard,
Leq, dBA3
Assessment2
8:00 AM
49.5 53.5
N/A3
N/A3
9:00 AM
49.5 53.8
N/A3
N/A3
10:00 AM
49.5 53.0
N/A3
N/A3
11:00 AM
49.5 53.8
N/A3
N/A3
12:00 PM
49.5 52.4
N/A3
N/A3
1:00 PM
49.5 53.9
N/A3
N/A3
2:00 PM
49.5 54.5
N/A3
N/A3
3:00 PM
49.5 50.6
N/A3
N/A3
4:00 PM
49.5 53.7
N/A3
N/A3
5:00 PM
49.5 55.8
N/A3
N/A3
6:00 PM
49.5 54.5
N/A3
N/A3
7:00 PM
49.5 52.9
N/A3
N/A3
8:00 PM
49.5 51.4
N/A3
N/A3
9:00 PM
49.5 50.4
N/A3
N/A3
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2NM4 was measured and modeled between the 4th and 5th floor above the banquet ballroom shielding.
Pickleball noise levels at the ground floor are expected to be lower. 3Receptor NM4 complies with residential noise standard but is located within report commercial areas and not subject to residential noise standards.
75 70
m
65 aaJ • 60
J
aJ
'5 55
VI
2 50
0-
13 c • 45
o
40 35
Pickleball Noise Levels at NM4
II 1111 II II II II
P P P P Q Q Q Q Q Q Q Q Q Q
OO O O O .O O O OO OO OO OO OO OO OO OO OO OO
OO. .OO OO. .OO OO. .OO OO. .OO OO. OO. OO. .OO. OO. O�.
Start Time (Hour)
■ Ambient Noise Level
Project Noise Level, dBA
■ Residential Noise Standard, dBA
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2Receptor NM4 complies with residential noise standard but is located within report commercial areas and not subject to residential noise standards.
Figure 10. Comparison of Future Pickleball Noise with Ambient Noise at NM4 APRIL 15, 2025
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Table 9. Impact Assessment of Pickleball Noise at NM5
Hour Start
Time
Pickleball Noise
Level, Leq, dBA1
Ambient Noise,
Leq, dBA
Noise Standard,
Leq, dBA2
Assessment2
8:00 AM
65.6 52.1
N/A2
N/A2
9:00 AM
65.6 54.8
N/A2
N/A2
10:00 AM
65.6 53.7
N/A2
N/A2
11:00 AM
65.6 51.3
N/A2
N/A2
12:00 PM
65.6 50.6
N/A2
N/A2
1:00 PM
65.6 50.8
N/A2
N/A2
2:00 PM
65.6 52.4
N/A2
N/A2
3:00 PM
65.6 48.3
N/A2
N/A2
4:00 PM
65.6 51.3
N/A2
N/A2
5:00 PM
65.6 51.9
N/A2
N/A2
6:00 PM
65.6 53.5
N/A2
N/A2
7:00 PM
65.6 53.0
N/A2
N/A2
8:00 PM
65.6 49.6
N/A2
N/A2
9:00 PM
65.6 49.9
N/A2
N/A2
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2Receptor NM5 is located within report commercial areas and not subject to residential noise standards.
Sound Pressure Level, dBA
75 70
65 60
55 50
45 40
35 Pickleball Noise Levels at NM5
i
4\ 4\ P� P� Q2 Q2 <2 Q� Q� Q2 Q2 Q2 Q2 Q2
O O O O O O O O O O O O O O
O. O- .OO O. .OO O• O. O. O. .O- O. O.
Start Time (Hour)
■ Ambient Noise Level
Project Noise Level, dBA
• Residential Noise Standard, dBA
Note: 1Pickleball will operate during the daytime hours of 8AM to 10PM 2Receptor NM5 is located within report commercial areas and not subject to residential noise standards.
Figure 11. Comparison of Future Pickleball Noise with Ambient Noise at NM5 APRIL 15, 2025
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NOISE CONTROL ANALYSIS
10 -ft high Noise Barrier (Option 1)
Noise control was evaluated to evaluate options to further reduce pickleball noise at the nearest residences. Noise control evaluated a 10 -foot high continuous acoustic blanket noise barrier installed on the east, and south sides of the pickleball courts as per Figure
12. An acoustic blanket with a minimum STC of 34 and NRC 0.75 (e.g., Sound Seal BBC- EXT-R-2" or acoustical equivalent) attached to a chain link fence could be used to provide the sound transmission needed. Refer to Tables 10 and 11 for the acoustical performance requirements for the acoustic blanket used in this analysis.
E:ISTING
TErI IS COURTS
PROPER LINE
PROPERTY LINE
Figure 12. Location of Noise Barrier
PROPOSED
4 PICKLEBALL.000RTS
PROPS LINE
r�
0 tfi
�� APN : 633-150-087
1G VACANT COMMERCIAL L -
NATURAL
LANDSCAPE Rms., 10
APN 633-150-071 _d
7_7 APN : 633150-007 r� `; . 17
OUTDOOR
BANQUET SPACE
Table 10. Minimum Sound Transmission Loss for Acoustic Blanket Barrier Product
125
Octave Band Center Frequencies, Hz
250 500 1K 2K
4K
STC
Sound Seal BBC- EXT-N or
acoustical equivalent
15 17
28 37
45 52
29 Table 11. Minimum Sound Absorption for Acoustic Blanket Barrier Product
125
Octave Band Center Frequencies, Hz
250 500 1K 2K
4K
NRC
Sound Seal BBC- EXT-N or
acoustical equivalent
.17
.30
.83
82 .59
37 65
APRIL 15, 2025
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Future pickleball Leq noise levels with a 10 -ft high acoustic blanket noise barrier would be reduced to 42.8, 33.3, 37.5, 49.5, and 61.4 dBA at NM1 through NM5, respectively.
Pickleball Lmax noise levels will be as high as 57.8, 48.3, 52.5, 64.5, and 76.4 dBA, at the same locations, respectively. The noise reduction provided by the noise barrier would range from 0 to 4.2 dB. Figure 13 depicts the pickleball Leq noise contour map for a 10 - ft high acoustic blanket noise barrier. Tables 12 and 13 summarize and assess the pickleball Leq and Lmax noise levels for noise control options, respectively.
Figure 13. Leq, dBA Noise Contour Map — Noise Control Option 1 (Barrier) APRIL 15, 2025
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10 -ft high Noise Barrier and Quiet Paddles (Option 2)
Quiet pickleball paddles were also evaluated in addition to the 10 -ft acoustic blanket from Option 1. With the use of the Hush Paddle and 10 -ft high acoustic blanket noise barrier, the noise level would be reduced to 39.1, 28.8, 33.1, 45.7, and 58.0 dBA at NM1 through NM5, respectively. Pickleball Lmax noise levels will be as high as 54.1, 43.8, 48.1, 60.7, and 73.0 dBA at the same locations, respectively. An overall noise reduction would range from 3.8 to 7.6 dBA at locations NM1 through NM5, respectively. Figure 14 depicts the pickleball Leq noise contour map for a 10 -ft high acoustic blanket noise barrier and Hush Paddles. Tables 12 and 13 summarize and assess the pickleball Leq and Lmax noise levels for noise control options, respectively.
Figure 14. Leq, dBA Noise Contour Map — Noise Control Option 2 (Barrier & Hush) APRIL 15, 2025
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Quiet Paddles (Option 3)
Only quiet pickleball paddles were also evaluated for this option. With the use of the Hush Paddle, the noise level would be reduced to approximately 42.0, 31.5, 36.3, 45.7, and
62.2 dBA at NM1 through NM5, respectively. Pickleball Lmax noise levels will be as high as 57.0, 46.5, 51.3, 60.7, and 77.2 dBA at the same locations, respectively. An overall noise reduction would range from 3.4 to 4.5 dBA at locations NM1 through NM5, respectively. Figure 15 depicts the pickleball Leq noise contour map for Hush Paddles.
Tables 12 and 13 assesses the pickleball Leq and Lmax noise levels for each noise control option, respectively.
Figure 15. Leq, dBA Noise Contour Map — Noise Control Option 3 (Hush) For all noise control options, the impulsive character of the pickleball noise could remain audible and may still be a source of annoyance to sensitive individuals, especially when the ambient background noise level is lower during early morning or late afternoon hours.
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�
RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY - Table 12. Assessment of Pickleball Leq Noise Levels Noise Control Options 1, 2 and 3 Receptor
Land Use
Indian
Wells
Leq
Noise
Standard,
dBA
Ambient
Noise
Level,
dBA
Predicted Pickleball Noise Level, Leq, dBA
Unmitigated
Option 1
Option 2
Option 3
Option 1
Acoustic
Blanket
Barrier
Noise
Reduction,
dB'
Assessment
Option 2
Acoustic
Blanket
& Hush
Noise
Reduction,
dB'
Assessment
Option
3 Hush
Noise
Reduction,
dB'
Assessment
NM1
Commercial
N/A5
50.7 56.6
45.6 42.8
2.8 N/A5
39.1 6.5
N/A5
42.0 3.6
N/A5
NM2A
Residential
55 57'1
63.32 36.0
33.3 2.7
Compliance
p
28.8 7.2
Compliance
p
31.5 4.5
Compliance
p
NM3A
Residential
55 56.1
60.43 40.5
37.5 3.0
Compliance
p
33.1 7.4
Compliance
p
36.3 4.2
Compliance
p
NM44
Commercial
N/A5
50.4 55.8
49.5 49.5
0.0 N/A5
45.7 3.8
N/A5
45.7 3.8
N/A5
NM5
Commercial
N/A5
48.3 54.8
65.6 61.4
4.2 N/A5
58.0 7.6
N/A5
62.2 3.4
N/A5
Note: 'Noise Reduction achieved with corresponding Option calculated by subtracting the predicted noise level with noise barrier from the unmitigated noise level. For example, for NM1 Option 1, the noise reduction is 45.6 — 42.8 = 2.8 dB.
2Hourly ambient noise levels for NM2A were calculated based on a simultaneous 24 -hour ambient noise measurement at NM2. 3Hourly ambient noise levels for NM3A were calculated based on a simultaneous 24 -hour ambient noise measurement at NM3. 4NM4 was measured and modeled between the 4th and 5th floor above the banquet ballroom shielding. Pickleball noise levels at the ground floor are expected to be lower. 5Receptors NMI, NM4, and NM5 are located within report commercial areas and not subject to residential noise standards.
Table 13. Assessment of Pickleball Lmax Noise Levels Noise Control Options 1, 2, and 3 Receptor
Land Use
Indian
Wells
Lmax
Noise
Standard,
dBA
Predicted Pickleball Noise Level, Lmax, dBA
Unmitigated
Option 1
Option 2
Option 3
Option 1
Acoustic
Blanket
Barrier
Noise
Reduction,
dB'
Assessment
Option 2
Acoustic
Blanket
& Hush
Noise
Reduction,
dB'
Assessment
Option
3 Hush
Noise
Reduction,
dB'
Assessment
NM1
Commercial
N/A2
60.6 57.8
2.8 N/A2
54.1 6.5
N/A2
57.0 3.6
N/A2
NM2A
Residential
75 51.0
48.3 2.7
Compliance
43.8 7.2
Compliance
46.5 4.5
Compliance
NM3A
Residential
75 55.5
52.5 3.0
Compliance
48.1 7.4
Compliance
51.3 4.2
Compliance
NM43
Commercial
N/A2
64.5 64.5
0.0 N/A2
60.7 3.8
N/A2
60.7 3.8
N/A2
NM5
Commercial
N/A2
80.6 76.4
4.2 N/A2
73.0 7.6
N/A2
77.2 3.4
N/A2
Note: 'Noise Reduction achieved with corresponding Option calculated by subtracting the predicted noise level with noise barrier from the unmitigated noise level For example, for NM1 Option 1, the noise reduction is 60.6 — 57.8 = 2.8 dB. 2Receptors NM1, NM4, and NM5 are located within report commercial areas and not subject to residential noise standards 3NM4 was measured and modeled between the 4th and 5th floor above the banquet ballroom shielding. Pickleball noise levels at the ground floor are expected to be lower.
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RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY General Noise Control Options for Greater Compliance Levels
1. Consider requiring the use of quiet paddles. Renaissance Esmeralda could offer to rent quiet paddles for players with non -conforming equipment.
2. The Renaissance Esmeralda could maintain a list of acceptable quieter pickleball paddles to minimize noise disturbances. The list could be updated as necessary to reflect the current technology for paddles.
3. Encourage the use of low noise pickleball equipment whenever possible.
4. Consider days without pickleball activity or days with no pickleball in the early morning and late afternoon.
(Remainder of page blank)
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FREQUENCY CONTENT OF TENNIS AND PICKLEBALL NOISE
The sound produced by the impact between a pickleball and paddle is characterized by a sudden onset and brief duration. The spectral content of the paddle impact is narrowband with a center frequency typically between 800 and 2,000 Hertz. Due to the frequency content of a pickleball strike, and the quantity of impact events, the impulsive character of the noise could remain audible and may still be a source of annoyance to sensitive individuals. Figure 16 displays the frequency plot of tennis, pickleball noise (no noise control), and pickleball noise with a 10 -ft barrier at approximatley 50 -ft from the court. The impact sound of pickleball and its frequency characteristics can be further reduced with the use of padded paddles and a soft ball. v
60 >
50 E'
L
,, 40
v
a 30
Note: 'Taken from noise measurement location at approximately 50 -ft from court.
Pickleball vs. Tennis Impact Noise
Frequency, Hz
Figure 16. Frequency Content of Pickleball vs Tennis Strike APRIL 15, 2025
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CONCLUSION
Acoustics Group, Inc., (AGI) was retained by the City of Indian Wells to evaluate pickleball noise for the proposed pickleball courts at the Renaissance Esmeralda Resort and Spa.
Renaissance Esmeralda Report and Spa propose adding four (4) pickleball courts directly east of the existing tennis courts. AGI has reviewed the City of Indian Wells Noise Standard, conducted ambient noise level measurements, conducted a propagation survey which considers local environmental factors, analyzed pickleball noise, assessed the impact of the pickleball noise, and evaluated noise control measures for reducing the noise at the nearby residential homes.
The Leq from the pickleball play on the proposed four (4) courts was determined to be
45.6, 36.0, 40.5, 49.5, and 65.6 dBA at locations NM1 through NM5, respectively.
Pickleball Lmax noise levels will be as high as 60.6, 51.0, 55.5, 64.5, and 80.6 dBA at the same locations. NM1, NM4, and NM5 are located within resort commercial zones, while NM2A and NM3A are located in residential zones. At locations NM2A and NM3, future pickleball noise will comply with the City's Daytime Residential Noise Standard of 55 dBA and the Residential Lmax standard of 75 dBA. At locations NM1 and NM4, future pickleball noise will below the existing ambient noise level and the City's Daytime Residential Noise Standard and Lmax standard of 55 and 75 dBA, respectively; however, NM1 and NM4 are located within resort commercial area and not subject to residential noise standards. Although the noise level at NM5 exceeds the existing ambient noise level and the residential Leq and Lmax standards, the receptor is located within the resort commercial area and is not subject to residential noise limits per the City's Ordinance. The Ordinance permits higher noise levels in commercial properties, evaluating such noise based on its impact on adjacent sensitive receptors such as nearby residential areas. Pickleball play could be audible during when ambient background noise is lower.
Three noise control options were evaluated to reduce the noise level at the nearby residences: Option 1 with a 10 -ft high acoustic blanket noise barrier along the east and south sides of the courts, Option 2 with the use of the Hush Paddle and 10 -ft high acoustic blanket noise barrier from Option 1, and Option 3 only the use of the Hush Paddle. With Option 1, the Leq from the pickleball activity would be reduced to
42.8, 33.3, 37.5, 49.5, and 6t4 dBA at NM1 through NM5, respectively. With Option 2, the noise level would be reduced to 39.1, 28.8, 33.1, 45.7, and 58.0 dBA at NM1 through NM5, respectively. With Option 3, the noise level would be reduced to 42.0,
31.5, 36.3, 45.7, and 62.2 dBA at NM1 through NM5, respectively.
The Hush Paddles assist in reducing pickleball impact noise between the frequency range of 800 to 2,000 Hertz and can help in reducing the "annoyance" of impact sounds from pickleball play. With all forms of noise control, the impulsive character of the noise could remain audible and may still be a source of annoyance to sensitive individuals, especially when the ambient background noise level is lower during the early morning and late afternoon hours.
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APPENDICES
APPENDIX A. FIELD DATA SHEETS
APPENDIX B. CITY OF INDIAN WELLS MUNICIPAL CODE
APPENDIX C. NOISE MODELING INPUT/OUTPUT
APPENDIX D. QUIET PADDLES
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APPENDIX A. FIELD DATA SHEETS
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MEASUREMENT DATA - HOURLY NOISE LEVELS
Project: Renaissance Esmeralda Pickleball
Address: 44400 Indian Wells Ln, Indian Wells, CA 92210
Location: East Property Line - Adjacent to Proposed Golf Course Noise
Sources: Vehicular Traffic, Aircraft
Date:
Position:
3/25/2025
- 3/26/2025
NM1
85 80
75 70
55 50
45 40
:≥00000000:≥00000000000:≥0:≥
CL O O O O O O O O Q O O O O O O O O O O O a 0 CL
d Li6(Id tic0(ACS � ,-cico r Li6 co r- cc Cri o -
o 0 0 0 0 0 0,, o 0 0 0 0 0 0 0 0 0,.- 0 O CD
M N C.i CV
O
TIME
HNL,
TIME dB(A)
03:00 - 04:00 PM
56.6 04:00 - 05:00 PM
54.7 05:00 - 06:00 PM
53.4 06:00 - 07:00 PM
54.1 07:00 - 08:00 PM
53.0 08:00 - 09:00 PM
52.3 09:00 - 10:00 PM
52.2 10:00 - 11:00 PM
51.9 11:00 - 12:00 AM
52.7 12:00 - 01:00 AM
49.2 01:00 - 02:00 AM
46.4 02:00 - 03:00 AM
45.0 03:00 - 04:00 AM
45.3 04:00 - 05:00 AM
46.3 05:00 - 06:00 AM
50.0 06:00 - 07:00 AM
51.9 07:00 - 08:00 AM
54.4 08:00 - 09:00 AM
54.3 09:00 - 10:00 AM
55.7 10:00-11:00 AM
53.9 11:00-12:00 PM
52.0 12:00 - 01:00 PM
50.7 01:00 - 02:00 PM
50.9 02:00 - 03:00 PM
51.2 CNEL:
57.3
Source: Acoustics Group, Inc.
Council Agenda- May 15, 2025
MEASUREMENT DATA - HOURLY NOISE LEVELS
Project: Renaissance Esmeralda Pickleball
Address: 44400 Indian Wells Ln, Indian Wells, CA 92210
Location: 76905 Inca Dr, Indian Wells, CA 92210
Noise
Sources: Vehicular Traffic, Aircraft
Date:
Position:
3/25/2025
- 3/26/2025
NM2
85 80
75 70
03 65
J
ti) 60
55 50
45 40
2O0000c) oo0000(Do0o0202
O O O O O O O O Q O O O O O O O O O O O a 0 a.
d Li6 C9 ti 00 d7 N co 4 Li6 Co I` 00 a7 O
O o 0 0 0 0,, o 0 0 0 0 0 0 0 0 0, 0 O CD
M N N N
O
TIME
O
HNL,
TIME dB(A)
03:00 - 04:00 PM
65.8 04:00 - 05:00 PM
62.1 05:00 - 06:00 PM
61.4 06:00 - 07:00 PM
61.7 07:00 - 08:00 PM
60.9 08:00 - 09:00 PM
60.3 09:00 - 10:00 PM
59.6 10:00 - 11:00 PM
59.6 11:00 - 12:00 AM
55.8 12:00 - 01:00 AM
52.3 01:00 - 02:00 AM
50.4 02:00 - 03:00 AM
48.8 03:00 - 04:00 AM
51.1 04:00 - 05:00 AM
55.5 05:00 - 06:00 AM
58.5 06:00 - 07:00 AM
61.2 07:00 - 08:00 AM
62.2 08:00 - 09:00 AM
62.7 09:00 - 10:00 AM
62.0 10:00 - 11:00 AM
62.1 11:00-12:00 PM
62.2 12:00 - 01:00 PM
62.3 01:00 - 02:00 PM
62.8 02:00 - 03:00 PM
64.2 CNEL:
64.9
Source: Acoustics Group, Inc.
Council Agenda- May 15, 2025
MEASUREMENT DATA - HOURLY NOISE LEVELS
Project: Renaissance Esmeralda Pickleball
Address: 44400 Indian Wells Ln, Indian Wells, CA 92210
Location: 76875 Inca Dr, Indian Wells, CA 92210
Noise
Sources: Vehicular Traffic, Aircraft
Date:
Position:
3/25/2025
- 3/26/2025
NM3
85 80
75 70
03 65
J
ti) 60
55 50
45 40
2O0000c) oo0000(Do0o0202
O O O O O O O O Q O O O O O O O O O O O a 0 a.
d Li6 C9 ti 00 d7 N co 4 Li6 Co I` 00 a7 O
O o 0 0 0 0,, o 0 0 0 0 0 0 0 0 0, 0 O CD
M N N N
O
TIME
O
HNL,
TIME dB(A)
03:00 - 04:00 PM
65.8 04:00 - 05:00 PM
64.3 05:00 - 06:00 PM
63.9 06:00 - 07:00 PM
63.7 07:00 - 08:00 PM
62.6 08:00 - 09:00 PM
62.0 09:00 - 10:00 PM
61.5 10:00 - 11:00 PM
60.5 11:00 - 12:00 AM
58.3 12:00 - 01:00 AM
54.3 01:00 - 02:00 AM
52.6 02:00 - 03:00 AM
51.3 03:00 - 04:00 AM
52.7 04:00 - 05:00 AM
57.0 05:00 - 06:00 AM
60.0 06:00 - 07:00 AM
62.7 07:00 - 08:00 AM
64.1 08:00 - 09:00 AM
64.6 09:00 - 10:00 AM
63.9 10:00-11:00 AM
64.4 11:00 - 12:00 PM
64.3 12:00 - 01:00 PM
64.4 01:00 - 02:00 PM
64.8 02:00 - 03:00 PM
65.6 CNEL:
66.6
Source: Acoustics Group, Inc.
Council Agenda- May 15, 2025
MEASUREMENT DATA - HOURLY NOISE LEVELS
Project: Renaissance Esmeralda Pickleball
Address: 44400 Indian Wells Ln, Indian Wells, CA 92210
Location: Nearest Hotel Rooms at Fifth Floor
Noise
Sources: Vehicular Traffic, Resort Activity
Date:
Position:
3/25/2025
- 3/26/2025
NM4
85 80
75 70
03 65
J
ti) 60
55 50
45 40
2O0000c) oo0000(Do0o0202
O O O O O O O O Q O O O O O O O O O O O a 0 a.
d Li6 C9 ti 00 d7 N co 4 Li6 Co I` 00 a7 O
O o 0 0 0 0,, o 0 0 0 0 0 0 0 0 0, 0 O CD
M N N N
O
TIME
O
HNL,
TIME dB(A)
03:00 - 04:00 PM
50.6 04:00 - 05:00 PM
53.7 05:00 - 06:00 PM
55.8 06:00 - 07:00 PM
54.5 07:00 - 08:00 PM
52.9 08:00 - 09:00 PM
51.4 09:00 - 10:00 PM
50.4 10:00 - 11:00 PM
49.7 11:00 - 12:00 AM
50.0 12:00 - 01:00 AM
47.6 01:00 - 02:00 AM
48.1 02:00 - 03:00 AM
46.9 03:00 - 04:00 AM
46.1 04:00 - 05:00 AM
47.6 05:00 - 06:00 AM
50.0 06:00 - 07:00 AM
53.5 07:00 - 08:00 AM
54.1 08:00 - 09:00 AM
53.5 09:00 - 10:00 AM
53.8 10:00-11:00 AM
53.0 11:00 - 12:00 PM
53.8 12:00 - 01:00 PM
52.4 01:00 - 02:00 PM
53.9 02:00 - 03:00 PM
54.5 CNEL:
57.0
Source: Acoustics Group, Inc.
Council Agenda- May 15, 2025
MEASUREMENT DATA - HOURLY NOISE LEVELS
Project: Renaissance Esmeralda Pickleball
Address: 44400 Indian Wells Ln, Indian Wells, CA 92210
Location: East Property Line - Adjacent to Project Site Noise
Sources: Vehicular Traffic, Aircraft
Date:
Position:
3/25/2025
- 3/26/2025
NM5
85 80
75 70
03 65
J
ti) 60
55 50
45 40
2O0000c) oo0000(Do0o0202
O O O O O O O O Q O O O O O O O O O O O a 0 a.
d Li6 C9 ti 00 d7 N co 4 Li6 Co I` 00 a7 O
O o 0 0 0 0,, o 0 0 0 0 0 0 0 0 0, 0 O CD
M N N N
O
TIME
O
HNL,
TIME dB(A)
03:00 - 04:00 PM
48.3 04:00 - 05:00 PM
51.3 05:00 - 06:00 PM
51.9 06:00 - 07:00 PM
53.5 07:00 - 08:00 PM
53.0 08:00 - 09:00 PM
49.6 09:00 - 10:00 PM
49.9 10:00 - 11:00 PM
49.8 11:00 - 12:00 AM
48.1 12:00 - 01:00 AM
45.1 01:00 - 02:00 AM
43.8 02:00 - 03:00 AM
43.1 03:00 - 04:00 AM
43.7 04:00 - 05:00 AM
46.4 05:00 - 06:00 AM
48.4 06:00 - 07:00 AM
53.0 07:00 - 08:00 AM
52.7 08:00 - 09:00 AM
52.1 09:00 - 10:00 AM
54.8 10:00-11:00 AM
53.7 11:00 - 12:00 PM
51.3 12:00 - 01:00 PM
50.6 01:00 - 02:00 PM
50.8 02:00 - 03:00 PM
52.4 CNEL:
55.7
Source: Acoustics Group, Inc.
Council Agenda- May 15, 2025
NOISE MONITORING FIELD DATA SHEET
Project:
City of Indian Wells - Renaissance Esmeralda - Ambient Noise Survey Date:
3/26/2025
Loc:
ST2 - 76905 Inca Dr, Indian Wells, CA 92210
ST3 - 76875 Inca Dr, Indian Wells, CA 92210
ST4 - 44400 Indian Wells Ln, Indian Wells, CA 92210
SLM:
Briiel & Kjmr 2270
SN:
3023677
Mic:
Bruel & Kjmr 4189
SN:
3100242
P/A:
Briiel & Kjaer ZC0032
SN:
26386
SLM:
Bruel & Kjmr 2270
SN:
3023678
Mic:
Bruel & Kja r 4189
SN:
3100588
P/A:
Bruel & Kjaar ZC0032
SN:
26523
Start
Duration
L2
L8
L25
L50
L90
L99
Lmax
Lmin
Leq
Notes
3/26/2025
0:10:01
63.3 62.3
61.3 59.9
56.4 51.2
73.0 49.4
60.3 ST2 - In Front Lawn
3:21 PM
3/26/2025
0:13:32
63.0 61.9
60.6 59.2
55.8 49.7
73.5 47.8
59.8 ST3 - In Front Lawn
3:20 PM
3/26/2025
ST4 - At Ground Level, Adjacent to Hotel
4:01 PM
0:10:02
57.0 55.5
54.1 53.2
52.3 51.7
59.6 51.3
53.7 Rooms
Council Agenda- Ma
RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY _, 2025
APPENDIX B. CITY OF INDIAN WELLS MUNICIPAL CODE
ILCOUt3TZCt3 ROT
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.010
CHAPTER 9.06
NOISE
§ 9.06.020
§ 9.06.010. Purpose.
The purpose of this Chapter is to control unnecessary, excessive, and annoying noise in the City as specified in this Chapter.
(Ord. 277 § 3, 1991)
§ 9.06.020. Definitions.
The following words, phrases, and terms as used in this Chapter shall have the meaning as indicated below:
"Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
"Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Decibel" or "dBA" means a unit which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base of ten (10) of this ratio. "Emergency work" means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service. "Grading" means any excavating or drilling of earth material or any combination thereof conducted to prepare a site for construction or the placement of the improvements thereon. "Leaf blower" means portable power equipment that is powered by fuel or electricity, either hand held or transported on the back, and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other debris. "Mobile noise source" means any noise source other than a stationary noise source. "Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. The unit of measurement shall be designated as dBA.
"Person" means a person, firm, association, co -partnership, joint venture, corporation or any entity, public or private in nature.
"Power equipment" means equipment that is powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance. "Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes other than transient uses such as hotels and motels, and other than nonconforming residential uses within nonresidential zones.
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Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.020
§ 9.06.040
"Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by a whistle or hum. "Sound level meter" means an instrument that meets or exceeds American National Standards Institute's Standard S1.4 1971 for type 2 sound level meters for an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2 1962 and 51.13 1921; that is, twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be 0.0002 dryness per square centimeter.
"Stationary noise source" means the source which is often referred to as "fixed source" (non - transportation related) including, but not limited to, mechanical electric equipment, various power tools, construction, commercial, industrial and agricultural activity and animal noise. (Ord. 277 § 3, 1991; Ord. 359 § 1, 1995; Ord. 438 § 1, 1998) § 9.06.030. Sound level measurement —General.
(a) Use of Sound Level Meter. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 9.06.020.
If the sound standard applied pursuant to this Chapter is not measured in decibels, then sound level measurements are not required to establish a violation of this Chapter. (b) Location for Measuring Exterior Noise Levels. The location selected for measuring exterior noise levels shall be at any point on the receiver's affected property. In the case of interior noise measurements, the windows shall be in normal seasonal configuration (closed during the months of May through September) and the measurement shall be made at a point at least four feet (4') from the wall, ceiling or floor nearest the affected occupied area. (Ord. 277 § 3, 1991; Ord. 359 § 1, 1995; Ord. 684 § 1, 2015) § 9.06.040. Noise standards.
(a) Exterior Noise Standards.
(1) Standards for Residential Properties. The following exterior noise standards, unless otherwise specifically indicated in this Chapter for all residential properties shall be:
55 dBA
7:01 a.m. to 10 p.m.
50 dBA
10:01 p.m. to 7 a.m.
(2) Noise Level Categories. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, that exceeds, when measured on any other residential property the exterior residential noise standard by:
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Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.040
(3)
§ 9.06.041
Decibels Cumulative Period
(i) +3 30 minutes/hour
(ii) +5 15 minutes/hour
(iii) +10 5 minutes/hour
(iv) +15 1 minute/hour
(v) +20 Not to be exceeded.
Ambient Noise Level. If the ambient noise level exceeds that permitted by the noise limit categories specified in subsections (a)(2)(i) and (a)(2)(ii) of this Section, the allowed noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the noise level category set forth in subsection (a)(2)(v), the maximum ambient noise level shall be the noise limit set forth in subsection (a)(2)(v) of this Section. (b) Interior Noise Standards.
(1) Standards for Residential Properties. It is unlawful for any person to create any noise from inside his or her unit that causes the noise level, when measured in a neighboring unit during the period 10:00 p.m. to 7:00 a.m., to exceed:
Decibels Cumulative Period
(i) 45 dBA more than 5 min. in any hour
(ii) 50 dBA more than 1 min. in any hour
(iii) 55 dBA in any period of time
(2) Ambient Noise Level. In the event the ambient noise level exceeds the noise limit set forth in either subsection (b)(1)(i) or (b)(1)(ii) of this Section, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the noise limit set forth in subsection (b)(1)(iii) of this Section, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.
(Ord. 359 § 1, 1995)
§ 9.06.041. Exceptions.
The following activities shall be exempted from the noise standard provisions of Section 9.06.040:
(a) School bands, school athletic and school entertainment events. School entertainment events shall not include events sponsored by student organizations; (b) Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a discretionary license or permit by the City; (c) Activities conducted on parks and public playgrounds, provided such parks and public Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.041
§ 9.06.043
playgrounds are owned and operated by a public entity;
(d) Any mechanical device, apparatus, emergency generator having a maximum generation of fifteen thousand (15,000) kilowatts, equipment related to or connected with emergency activities or emergency work, but only for the period in which there is an emergency and, in the case of emergency generators, only during a power outage and routine testing of generators;
(e) Noise sources associated with construction or landscape maintenance activities during the hours specified by Section 9.06.047(b); provided, however, that the operation of an internal combustion engine shall not be exempt pursuant to this subsection if such engine is not equipped with suitable exhaust and intake silencers which are in good working order. The Planning Director may permit work to be done during the hours not exempt by this subsection in the case of urgent necessity and in the interest of public health and welfare for a period not to exceed three (3) days. Application for this exemption may be made in conjunction with the application for the work permit or during progress of the work; Maintenance of trees and residential property by the property occupant him/herself provided said activities take place between the hours of 7:00 a.m. and 6:00 p.m.; (g) Tree and park and street maintenance activities conducted by the City; (h) Any activity to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, any other activity to the extent regulation thereof has been preempted by State or Federal law or regulation.
(Ord. 359 § 1, 1995; Ord. 626 § 1, 2009)
(f)
§ 9.06.042. Schools, hospitals, and churches.
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in subsection (a) of this Section, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs, conforming to applicable law and as may be required to be approved by applicable authority, are displayed in three (3) separate locations within one -tenth (1/10) of a mile of the institution indicating the presence of a school, church, or hospital. (Ord. 359 § 1, 1995)
§ 9.06.043. Residential pumps, fans, and air conditioners. (a) It is unlawful for any person to operate any residential fans, air conditioners, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical device or any combination thereof installed after August 16, 1991 in any manner so as to create any noise which would cause the maximum noise level to exceed: (i) sixty (60) dBA at any point at Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.043
§ 9.06.047
least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level; (ii) fifty-five (55) dBA in the center of a neighboring patio three (3) to five (5) feet above ground level; (iii) fifty-five (55) dBA outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three (3) feet from the window opening but at least three (3) feet from any other surface.
(b) Equipment installed after August 18, 1996 must comply with a maximum limit of fifty-five (55) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level. (c) Equipment installed before August 18, 1991 must comply with a limit of sixty-five (65) dBA maximum sound level, at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level after the effective date of this Chapter.
(Ord. 359 § 1, 1995)
§ 9.06.044. Off -road vehicles.
It is unlawful for any person to operate any motorcycle or recreational off -road vehicle on or off a public road in such a manner that the noise level exceeds the exterior noise standards specified in subsection 9.06.040(a).
(Ord. 359 § 1, 1995)
§ 9.06.045. Waste disposal vehicles.
It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of fifty (50) feet from the equipment or any residential property:
(a) New equipment purchased or leased on or after February 16, 1992 shall not exceed a noise level of eighty (80) dBA.
(b) New equipment purchased or leased on or after February 16, 1995 shall not exceed a noise level of seventy-five (75) dBA.
(c) No equipment shall exceed a noise level of eighty (80) dBA after August 18, 1996. (Ord. 359 § 1, 1995)
§ 9.06.047. Construction or landscape maintenance noise.
Construction, landscape maintenance, and similar activities shall be limited to the following hours unless a temporary waiver is granted by the Planning Director or his/her authorized designee:
Monday - Friday
Saturday
7:00 a.m. - 5:00 p.m.
8:00 a.m. - 5:00 p.m.
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Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.047
§ 9.06.049
No usage on Sundays or National Holidays*
* New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving and Christmas Day.
(Ord. 277 § 3 (Exhibit A), 1991; Ord. 300 §§ 1-3, 1992; Ord. 330 § 1, 1993; Ord. 359 § 1, 1995; Ord. 362 (Exhibit A), 1995; Ord. 366 (Exhibit A), 1995; Ord. 392 §§ 1-2, 1996; Ord. 438 § 3, 1998)
§ 9.06M48. Golf courses.
This section applies only to golf courses.
(a) Mowing. Mowing of greens and tees may begin at 6:00 a.m. year round. (1) Special Events. Mowing of all other golf course areas may begin at 6:00 a.m. for special events providing the golf course manager has received City approval in the form of a Temporary Use Permit.
(b) Leaf blowers. Golf course operators may operate leaf blowers in conjunction with general maintenance subject to the hours of operation as specified in Section 9.06.047. (c) Noise Levels. All golf course activities are subject to the general noise and hour regulations except as noted in this Section.
(Ord. 438 § 4, 1998)
§ 9.06.049. Restrictions and waivers.
(a) Disposal of Dirt, Dust. Debris, Leaves, Grass Clippings, Etc. Operation of power equipment shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot, or public right- of-way/property other than the parcel, land, lot upon which the power equipment is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner which will prevent dispersion by wind, vandalism, or similar means within six (6) hours of deposit by the user or property occupant.
(b) Waivers.
(1) Limited Temporary Waivers. The Planning Director may issue a temporary waiver allowing construction or landscape maintenance activities that may cause intermittent noise between 6:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday. The waiver shall not allow the operation of heavy equipment, internal combustion engines, pneumatic tools or power equipment before 7:00 a.m. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.049
§ 9.06.049
or of this Chapter has occurred, notice of revocation shall be served on the permittee or any worker on the job site and posted on the job site. The revocation hearing may be held with at least twenty-four (24) hours' notice to the permittee. The director's decision may be appealed to the City Council. The written appeal must be filed with the City Clerk within ten (10) days of the decision. Appeals do not stay the decision of the Director. A fee for the waiver shall be charged in the amount set by resolution.
In the absence of a resolution setting a flat fee, the fee shall be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards.
(2) Limited Temporary Waivers. The City Council may issue a temporary waiver allowing construction activities that may cause intermittent noise between 6:00 a.m. to 10:00 p.m.
Monday through Saturday. A waiver may be granted if the noise source is located at least nine hundred (900) feet from a residential neighborhood, will not disturb residential areas and there is documented urgency to complete construction. The waiver shall make fmdings as herein required, state which sections are waived and shall state all applicable mitigation measures. The waiver may be issued for a limited term. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of violation shall be served on the permittee or any worker on the job site and posted on the job site.
A revocation hearing before the City Council may be held with at least twenty-four (24) hours notice to the permittee. In the absence of a resolution setting a flat fee, the fee shall be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards.
Limited Provisional Waivers. After holding a public hearing, the City Council may in its discretion issue a provisional waiver for a limited term allowing construction activities between 10:00 p.m. and 6:00 a.m. Monday through Saturday if the noise source is located at least nine hundred (900) feet from a residential neighborhood and there is documented urgency to complete construction. Without notice or hearing, the City Council may terminate the provisional waiver or modify the conditions under which it was issued. Termination or modification without notice or hearing is necessary to account for the increased adverse response to noise during these time periods. Absent such controls, this Chapter authorizing provisional waivers would not have been adopted.
(4) Bridge Reconstruction Waivers (Miles Avenue). The Planning Director may issue a temporary waiver allowing Miles Avenue Bridge re -construction activities that may cause intermittent noise between 6:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday and early morning concrete and or asphalt installation due to climatic conditions between 2:00 a.m. to 7:00 a.m. from June 1st (3)
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Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.049
(5)
§ 9.06.050
through September 14th, Monday through Friday. If any written complaints are received, without notice of hearing the Planning Director may terminate the provisional waiver or modify the conditions as necessary under which it was issued to account for the increased adverse response to noise during these time periods. Following the Planning Director's decision the provisional waiver will be placed on the next City Council Agenda for final determination review.
Warner Trail Sewer, Storm Drain and Street Widening Project. The Planning Director may issue a temporary waiver allowing construction activities for the Warner Trail Sewer, Storm Drain and Street Widening Project that may cause intermittent noise between 5:00 p.m. and 7:00 a.m. weekdays, and between 5:00 p.m. and 8:00 a.m.
Saturdays from August 19, 2004 through October 15, 2004. If any written complaints are received concerning construction noise due to this Project during such time periods, then without notice or hearing, the Planning Director may terminate such waiver or impose any conditions he or she deems necessary to mitigate adverse impacts during these time periods. Following the Planning Director's issuance of a temporary waiver and/or decision to impose or not impose conditions following the subsequent receipt of complaints, the temporary waiver and/or decision of the Planning Director following receipt of any such complaint shall be placed on the next feasible City Council Agenda for ratification or disapproval by the City Council; provided, however, that any temporary waiver granted by the Planning Director shall remain in effect unless and until modified or terminated by the City Council.
(6) Large Developments in Excess of Six Hundred (600) Acres (Site Access). Contractors or any person involved in the development of a single project site in excess of six hundred (600) acres is permitted vehicle access to the portion of the project site where work is to be performed ("the work site") after 6:00 a.m. Monday through Friday and after 7:00 a.m. on Saturday. Such access between the hours of 6:00 a.m. and 7:00 a.m.
Monday through Friday, and 7:00 a.m. and 8:00 a.m. on Saturdays, shall be solely for the purposes of access to the work site and preconstruction set-up. The operation of heavy equipment such as grading equipment, internal combustion engines such as generators, pneumatic tools or power equipment except for the sole purpose of access to the work site, shall not take place prior to 7:00 a.m. Monday through Friday and 8:00 a.m. Saturday.
(Ord. 438 § 5, 1998; Ord. 514 § 1, 2002; Ord. 538 § 3, 2003; Ord. 562 § 2, 2004; Ord. 563 § 2, 2004; Ord. 730 § 1, 2020)
§ 9.06M50. General noise regulations.
(a) General Prohibition. Notwithstanding any other provisions of this Chapter, and in addition thereto, it is unlawful, between the hours of 10:00 p.m. to 7:00 a.m., for any person to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise that causes discomfort or annoyance to any reasonable person of ordinary sensibilities that is audible from any curb line or beyond the boundary line of the parcel from which the noise emanates.
(b) Standards for Determining a Violation. The standard(s) that may be considered in determining whether a violation of this Section exists may include, but are not limited to, any Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.050
or all of the following:
(1) The sound level of the objectionable noise;
(2) The sound level of the ambient noise;
(3) The proximity of the noise to residential sleeping facilities; (4) The nature and zoning of the area within which the noise emanates; (5) The density of the inhabitation of the area within which the noise emanates; (6) The time of day or night the noise occurs;
(7) Whether the noise is continuous, recurrent or intermittent; or (8) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 277 § 3, 1991; Ord. 684 § 2, 2015; Ord. 731 § 3, 2020) § 9.06.060
§ 9.06.051. Declaration of certain acts constituting excessive noise. (a) The following activities are deemed to cause loud and excessive noise that are harmful to the health, safety, and general welfare of the community when conducted between the hours of 10:00 p.m. and 7:00 a.m.:
(1)
Yelling, shouting, hooting, whistling, singing, and loud or boisterous talking that is audible from any curb line or beyond the boundary line of the parcel from which the noise emanates;
(2) Using a stereo system, Bluetooth speaker, or sound amplifier of any nature that is audible from any curb line or beyond the boundary line of the parcel from which the noise emanates; or
(3)
Playing musical instruments outside.
(b) Evidence showing a person engaged in any of the activities listed in subsection (a) during the prohibited hours shall constitute prima facie evidence establishing a violation of this Chapter.
Any law enforcement officers, including, but not limited to, City code enforcement officers and building inspectors, and Riverside County Sheriffs Department deputies, who are authorized by the City to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City, and who encounters evidence of a prima facie violation of this Section may impound as evidence any stereo system, Bluetooth speaker, sound amplifier of any nature or musical instruments used in commission of the violation. (Ord. 684 § 3, 2015; Ord. 731 § 4, 2020)
§ 9.06.060. Special conditions permits.
Notwithstanding any provision of this Chapter, the Community Development Director may grant special condition permits for a period not exceeding three (3) days when the general purpose and intent of this Chapter can be carried out by the granting of the special condition permit, provided, however, that no permit shall be issued for any activity which violates any provision of Section Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.060
§ 9.06.070
9.06.040(a). Said special condition permits may be renewed for a period not to exceed three (3) days at the discretion of the Community Development Director. (Ord. 277 § 3, 1991)
§ 9.06.070. Variances procedures.
(a) Application and Fee. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Community Development Director for a variance from the provisions thereof. The application shall set forth all actions taken to comply with this Chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance and a proposed time schedule for its accomplishment. If the applicant determines that compliance cannot be feasibly achieved at all, the application shall also set forth the reasons for such determination, the actions which have been taken to comply with this Chapter, a proposed method for complying as nearly as is feasible and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount established by resolution of the City Council. (b) Application for More Than One Noise Source. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application. (c) Referral to Planning Commission. Upon receipt of said application and fee, the Community Development Director shall refer the application with his or her recommendation thereon within thirty (30) days to the Planning Commission.
(d) Public Hearing. Upon receipt of an application for a variance, the Planning Commission shall schedule a public hearing to be conducted within sixty (60) days of receipt of the application from the Community Development Director. During the public hearing, the applicant and the Community Development Director may submit oral and documentary evidence relative to their respective contentions. The Planning Commission may deny the application for a variance or may grant a variance. The Commission may grant a variance to permit a condition which violates this Chapter to exist. A variance may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission deems reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions, and requirements may include, but shall not be limited to, limitations of noise levels and operating hours.
(e) Conditions of Variance. Each variance shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, the time factors related to the study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment and the general public interest and welfare.
Planning Commission Considerations. In deciding whether to grant a variance, the Planning Commission shall consider all facts relating to whether strict compliance with the requirement of this Chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations, including, but not limited to, the fact that a commercial development commenced construction prior to the existence of a (f)
Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.070
(g)
§ 9.06.080
residence affected by noise from such facility.
Time Limit for Planning Commission Decision. The Planning Commission shall render a decision within sixty (60) days of completion of the hearing. The decision of the Planning Commission shall be transmitted to the applicant by the City Clerk. (h) Status of Applicant Until Variance is Granted. An applicant for a variance shall remain subject to prosecution under the terms of this Chapter until a variance is granted.
Appeals.
(1) Within fifteen (15) days following the decision of the Planning Commission on an application, the applicant, or any affected resident or property owner may appeal the decision to the City Council by filing a notice of appeal with the secretary of the Planning Commission. In the case of an appeal by the applicant for a variance the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost a supplemental payment shall be made to the secretary. (2) Within ten (10) days following the receipt of a notice of appeal, the secretary of the Planning Commission shall forward to the City Clerk copies of the application for a variance and all papers and exhibits concerning said application received by the hearing board and its decision thereon. Any person may file with the City Clerk written arguments in favor or against said decision.
(3) Within thirty (30) days following conduct of the hearing before the City Council, the Council shall either affirm, modify, or reverse the decision of the Planning Commission.
In deciding the appeal, the City Council shall have the same powers as are conferred on the Planning Commission. The City Council may also direct the Planning Commission to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Planning Commission or to direct the Planning Commission to conduct further proceedings within thirty (30) days from the date of the hearing will constitute an affi oration of the decision of the Planning Commission. (Ord. 277 § 3, 1991)
(i)
§ 9.06.075. Duty to cooperate.
No person shall refuse to cooperate with, or obstruct, any authorized person charged with the enforcement of this Chapter when such authorized person is engaged in the performance of his or her duties.
(Ord. 684 § 4, 2015)
§ 9.06.080. Violations —Penalty.
Any person violating any of the provisions of this Chapter is guilty of an infraction and shall be subject to the maximum punishment set forth in State law or applicable City Code Section
1.20.030, provided that the first citation shall be a fine of two hundred fifty dollars ($250.00) and each subsequent citation shall be a fine of five hundred dollars ($500.00). Each day such violation Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- May 15, 2025
City of Indian Wells, CA
§ 9.06.080
§ 9.06.090
is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 277 § 3, 1991; Ord. 684 § 5, 2015; Ord. 721 § 1, 2019) § 9.06.090. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 277 § 3, 1991)
Downloaded from https://ecode360.com/IN4940 on 2025-03-07
Council Agenda- Ma
RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY _, 2025
APPENDIX C. NOISE MODELING INPUT/OUTPUT
ILCOUt3TZCt3 ROT
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
Council Agenda- May 15, 2025
CadnaA Input Output
Project Renaissance Esmeralda
Case: No NC
Receiver
Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night Day Night Type Auto Noise Type X V Z
(dBA) (dBA) (dBA) (dBA) (m) (m) (m) (m)
NM1 45.6 45.6 0 0 Total 1.5 r 663.29 316.79 3.33
NM2A 36 36 0 0 x Total 1.5 r 667.92 151.14 1.5
NM3A 40.5 40.5 0 0 x Total 1.5 r 516.78 166.06 2.11
NM4.1 38.9 38.9 0 0 Total 1.5 r 370.15 366.77 1.5
NM4.2 49.5 49.5 0 0 x Total 13.73 r 370.27 367.01 13.73 NM5 65.6 65.6 0 0 x' Total 1.5 r 559.38 320.78 1.5
Area Source
Name M. ID Result. PWL Result PWL" Lw/ Li Correction Sound Reduction Attenuatior OperatingTime KO Freq. Direct. Moving Pt. Src Day Evening Night Day Evening Night Type Value norm. Day Evening Night R Area Day Special Night Number (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) 48(A) dB(A) 48(A) (m") (min) (min) (min) (dB) (Hz) Day Evening Night 1 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0 0
2 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0
3 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0
4 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0
People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 4 4 4 0 4 4 4 People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 4 4 4 0 4 4 4 People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 4 4 4 0 4 4 4 Sound Levels
Name ID Type Oktave Spectrum (dB) Source
Weight. 31.5 63 125 250 500 1000 2000 4000 8000 A lin
Pickleball Pk Lw 84.4 79.4 75.5 74.1 75.1 76.6 71.1 66.4 61.4 79.5 87.2 Pickleballt Ps Lw 43.6 46.1 46.4 52.5 69.1 77.9 65.8 55.1 50.8 78.5 78.7 Person P Lw 56.2 57.3 59.9 56.5 56.5 54.3 51.1 43 37 58.9 65.1 Result Table
Receiver Land Use LimitingValue rel. Axis Lrw/o Noise Control dL req. Lrw/ Noise Control Exceeding passive NC Name ID Day Night Station Distance Height Day Night Day Night Day Night Day Night 4B(A) dB(A) m m m dB(A) dB(A) 46(A) dB(A) 48(A) d8(A) d6(A) 46(A) dB(A) NM1 0 0 366 116.07 3.33 45.6 45.6 45.6 45.6 0 0 - - NM2A 0 327 7.74 1.5 36 36 36 36 0 - - NM3A 0 176 6.5 2.11 40.5 40.5 40.5 40.5 0 - - NM4.1 0 82 140.36 1.5 38.9 38.9 38.9 38.9 0 - - NM4.2 0 82 140.61 13.73 49.5 49.5 49,5 49.5 0 - - NMS O 261 109.53 1.5 65.6 65.6 65.6 65.6 0 - - -
Council Agenda- May 15, 2025
CadnaA Input Output
Project Renaissance Esmeralda
Case: 10 -ft Barrier ES
Receiver
Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night Day Night Type Auto Noise Type X V Z
(dBA) (dBA) (dBA) (dBA) (m) (m) (m) (m)
NM1 42.8 42.8 0 0 Total 1.5 r 663.29 316.79 3.33
NM2A 33.3 33.3 0 0 Total 1.5 r 667.92 151.14 1.5
NM3A 37.5 37.5 0 0 Total 1.5 r 516.78 166.06 2.11
NM4.1 38.9 38.9 0 0 Total 1.5 r 370.15 366.77 1.5
NM4.2 49.5 49.5 0 0 Total 13.73 r 370.27 367.01 13.73
NM5 61.4 61.4 0 0 Total 1.5 r 559.38 320.78 1.5
Area Source
Name M. ID Result. PWL Result PWL" Lw/ Li Correction Sound Reduction Attenuatior OperatingTime KO Freq. Direct. Moving Pt. Src Day Evening Night Day Evening Night Type Value norm. Day Evening Night R Area Day Special Night Number (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) 46(A) dB(A) 48(A) (m") (min) (min) (min) (dB) (Hz) Day Evening Night 1 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0 0
2 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0
3 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0
4 101.5 101.5 101.5 78.5 78.5 78.5 Lw" Ps 0 0
People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 4 4 4 0 4 4 4 People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 4 4 4 0 4 4 4 People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 4 4 4 0 4 4 4 Sound Levels
Name ID Type Oktave Spectrum (dB) Source
Weight. 31.5 63 125 250 500 1000 2000 4000 8000 A lin
Pickleball Pk Lw 84.4 79.4 75.5 74.1 75.1 76.6 71.1 66.4 61.4 79.5 87.2 Pickleball: Ps Lw 43.6 46.1 46.4 52.5 69.1 77.9 65.8 55.1 50.8 78.5 78.7 Person P Lw 56.2 57.3 59.9 56.5 56.5 54.3 51.1 43 37 58.9 65.1 Result Table
Receiver Land Use LimitingValue rel. Axis Lrw/o Noise Control dL req. Lrw/ Noise Control Exceeding passive NC Name ID Day Night Station Distance Height Day Night Day Night Day Night Day Night 4B(A) dB(A) m m m dB(A) dB(A) 46(A) dB(A) 46(A) 46(A) d6(A) 46(A) dB(A) NM1 0 0 366 116.07 3.33 42.8 42.8 42.8 42.8 0 0 - - -
NM2A 0 327 7.74 1.5 33.3 33.3 33.3 33.3 0 - - -
NM3A 0 176 6.5 2.11 37.5 37.5 37.5 37.5 0 - - -
NM4.1 0 82 140.36 1.5 38.9 38.9 38.9 38.9 0 - - -
NM4.2 0 82 140.61 13.73 49.5 49.5 49.5 49.5 0 - - -
NM5 O 261 109.53 1.5 61.4 61.4 61.4 61.4 0 - - -
Council Agenda- May 15, 2025
CadnaA Input Output
Project Renaissance Esmeralda
Case: 10 -ft Barrier ES QP
Receiver
Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night Day Night Type Auto Noise Type X V Z
(dBA) (dBA) (dBA) (dBA) (m) (m) (m) (m)
NM1 39.1 39.1 0 0 Total 1.5 r 663.29 316.79 3.33
NM2A 28.8 28.8 0 0 Total 1.5 r 667.92 151.14 1.5
NM3A 33.1 33.1 0 0 Total 1.5 r 516.78 166.06 2.11
NM4.1 34.9 34.9 0 0 Total 1.5 r 370.15 366.77 1.5
NM4.2 45.7 45.7 0 0 Total 13.73 r 370.27 367.01 13.73
NM5 58 58 0 0 Total 1.5 r 559.38 320.78 1.5
Area Source
Name M. ID Result. PWL Result. PWL" Lw/ Li Correction Sound Reduction Attenuatior Operating Time KO Freq. Direct. Moving Pt. Src Day Evening Night Day Evening Night Type Value norm. Day Evening Night R Area Day Special Night Number (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) 48(A) dB(A) 48(A) (m') (min) (min) (min) (dB) (Hz) Day Evening Night 1 98.2 98.2 98.2 75.2 75.2 75,2 Lw" HP 0 0 0
2 98.2 98.2 98.2 75.2 75.2 75.2 Lw" HP 0 0
3 98.2 98.2 98.2 75.2 75.2 75.2 Lw" HP 0 0
4 98.2 98.2 98.2 75.2 75.2 75.2 Lw" HP 0 0
People 64.9 64:9 64.9 47.5 47.5 47.5 PWL-Pt P 0 0 4 4 4 People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 0 0 0 4 4 4 People -41.1 -41.1 -41.1 -58.5 -58.5 -58.5 PWL-Pt P 4 4 4 0 0 0 Sound Levels
Name ID Type Oktave Spectrum (dB) Source
Weight. 31.5 63 125 250 500 1000 2000 4000 8000 A lin
Pickleball Pk Lw 84.4 79.4 75.5 74.1 75.1 76.6 71.1 66.4 61.4 79.5 87.2 Pickleball: Ps Lw 43.6 46.1 46.4 52.5 69.1 77.9 65.8 55.1 50.8 78.5 78.7 Hush Padd HP Lw 54.7 55.5 57.7 61.5 67.7 72.5 69.2 58.8 51.2 75.2 75.5 Person P Lw 56.2 57.3 59.9 56.5 56.5 54.3 51.1 43 37 58.9 65.1 Result Table
Receiver Land Use Limiting Value rel. Axis Lrw/o Noise Control dL req. Lrw/ Noise Control Exceeding passive NC Name ID Day Night Station Distance Height Day Night Day Night Day Night Day Night 48(A) dB(A) m m m dB(A) dB(A) dB(A) dB(A) d8(A) dB(A) 48(A) dB(A) dB(A) NM1 0 0 366 116.07 3.33 39.1 39.1 39.1 39.1 0 0 - - NM2A 0 327 7.74 1.5 28.8 28.8 28.8 28.8 0 - - NM3A 0 176 6.5 2.11 33.1 33.1 33.1 33.1 0 - - NM4.1 0 82 140.36 1.5 34.9 34.9 34.9 34.9 0 - - NM4.2 0 82 140.61 13.73 45.7 45.7 45.7 45.7 0 - - NMS. 0 261 109.53 1.5 58 58 58 58 0 - - -
Council Agenda- May 15, 2025
CadnaA Input Output
Project: Renaissance Esmeralda
Case: Quiet Paddles
Receiver
Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night Day Night Type Auto Noise Type X Y Z
(dBA) (dBA) (dBA) (dBA) (m) (m) (m) (m)
NM1 42 42 0 0 Total 1.5 r 663.29 316.79 3.33
NM2A 31.5 31.5 0 0 Total 1.5 r 667.92 151.14 1.5
NM3A 36.3 36.3 0 0 Total 1.5 r 516.78 166.06 2.11
NM4.1 34.9 34.9 0 0 Total 1.5 r 370.15 366.77 1.5
NM4.2 45.7 45.7 0 0 Total 13.73 r 370.27 367.01 13.73
NM5 62.2 62.2 0 0 Total 1.5 r 559.38 320.78 1.5
Area Source
Name M. ID Result. PWL Result. PWL" Lw/ Li Correction Sound Reduction Attenuatior Operating Time KO Freq. Direct. Moving Pt. Src Day Evening Night Day Evening Night Type Value norm. Day Evening Night R Area Day Special Night Number (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) dB(A) dB(A) dB(A) (m') (min) (min) (min) (dB) (Hz) Day Evening Night 1 98.2 98.2 98.2 75.2 75.2 75,2 Lw" HP 0 0 0
2 98.2 98.2 98.2 75.2 75.2 75.2 Lw" HP 0 0
3 98.2 98.2 98.2 75.2 75.2 75.2 Lw" HP 0 0
4 98.2 98.2 98.2 75.2 75.2 75.2 Lw" HP 0 0
People 64.9 64:9 64.9 47.5 47.5 47.5 PWL-Pt P 0 0 4 4 4 People 64.9 64.9 64.9 47.5 47.5 47.5 PWL-Pt P 0 0 0 4 4 4 People -41.1 -41.1 -41.1 -58.5 -58.5 -58.5 PWL-Pt P 4 4 4 0 0 0 Sound Levels
Name ID Type Oktave Spectrum (dB) Source
Weight. 31.5 63 125 250 500 1000 2000 4000 8000 A lin
Pickleball Pk Lw 84.4 79.4 75.5 74.1 75.1 76.6 71.1 66.4 61.4 79.5 87.2 Pickleball: Ps Lw 43.6 46.1 46.4 52.5 69.1 77.9 65.8 55.1 50.8 78.5 78.7 Hush Padd HP Lw 54.7 55.5 57.7 61.5 67.7 72.5 69.2 58.8 51.2 75.2 75.5 Person P Lw 56.2 57.3 59.9 56.5 56.5 54.3 51.1 43 37 58.9 65.1 Result Table
Receiver Land Use Limiting Value rel. Axis Lrw/o Noise Control dL req. Lrw/ Noise Control Exceeding passive NC Name ID Day Night Station Distance Height Day Night Day Night Day Night Day Night 48(A) dB(A) m m m dB(A) dB(A) dB(A) dB(A) de(A) dB(A) dB(A) dB(A) dB(A) NM1 0 0 366 116.07 3.33 42 42 42 42 0 - - NM2A 0 327 7.74 1.5 31.5 31.5 31.5 31.5 0 - - - NM3A 0 176 6.5 2.11 36.3 36.3 36.3 36.3 0 - - NM4.1 0 82 140.36 1.5 34.9 34.9 34.9 34.9 0 - - NM4.2 0 82 140.61 13.73 45.7 45.7 45.7 45.7 0 - - NMS. 0 261 109.53 1.5 62.2 62.2 62.2 62.2 0 - - -
ATTACHMENT D
Council Agenda- May 15, 2025
SOUND CURTAINS
BY SOUND SEAL
SPEC DATA SHEET BBC SERIES
EXTERIOR GRADE
NOISE BARRIER/SOUND ABSORBER COMPOSITE
i
The configuration of Sound Seal's BBC-EXT-N product offers the benefits of both a sound absorber and noise barrier for outdoor applications. Each curtain is custom fabricated to include A non -reinforced 1 -LB psf loaded vinyl barrier is bonded to a 1" thick exterior grade vinyl -coated polyester faced quilted fiberglass absorber. Each is finished with grommets across the top and bottom, and vertical -mating exterior -grade Velcro along the edges for easy installation.
FEATURES:
• Excellent acoustical performance
(STC-29 / N RC .65)
• Nominal Thickness: 2"
• Weight: 1.25 lb psf
• Minimum lifespan of 7+ years*
*when properly installed
APPLICATIONS:
• Used as an economic Sound Curtain
on temporary construction projects
• Available with a 2" thick sound absorber
Council Agenda- May 15, 2025
rnrn c -n mi f G IMAM fTYI V1l I
BBC-EXT-N EXTERIOR GRADE NOISE BARRIER/SOUND ABSORBER COMPOSITE SPECIFICATIONS:
Visit www.soundseal.com
or call 1.800.569.1294
%SOUND SEAL®
www.soundseal.com
0000©
ACOUSTICAL PERFORMANCE
Sound Transmission Loss Coefficients at the Octave Band Frequencies (Hz) Frequency (Hz)
BBC-EXT-N
ASTM E-90 & E 413
125
15 250
500
1K
2K
4K
STC
17 28 37 45 52 29
Sound Absorption Coefficients at the Octave Band Frequencies Frequency (Hz)
BBC-EXT-N
ASTM C 423
SIZING
125
250
500
1K
2K
4K
.17 .30 .83 .82 .59 .37
Standard panel width is 54"
AVAILABLE COLORS
Grey
Black
iFerNV'N,
•
White
Color Disclaimer — Due to inconsistencies of various monitors, lighting sources, digital photography and fabric dye lot variations, we cannot guarantee that the color you see on your screen accurately portrays the true color of the product. Screen images are intended as a guide only. Swatch samples available upon request.
AVAILABLE BARRIER COLORS
NRC
.65
ICI �iii�l�ll A CATALYST ACOUSTICS GROUP COMPANY
Gray, Tan, Black, Light Blue*
*subject to availability
Council Agenda- Ma
RENAISSANCE ESMERALDA RESORT AND SPA PICKLEBALL NOISE STUDY _, 2025
APPENDIX D. QUIET PADDLES
ILCOUt3TZCt3 ROT
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
Council Agenda- May 15, 2025
SUPERIOR PLAYABILITY
Unprecedented control spinpower
and touch.
EFFORTLESS
MANEUVERABILITY .-
Anti -head heavy design for
incredible balance
QUIETER PLAY &
EXPERIENCE
Proprietary Acoustene"" sheath
asr7aUle nowhere rse in the world
"c ONLY 't VS�
•'ci etc NSW Quiet Category
'Xeight Average
7.5 oz
Paddle Width
7.5"
Core Thickness
13 mm (0.51x')
PINPOINT ACCURACY
Larger sweet spot for enhanced
accuracy with off -center impacts
• EXCEPTIONAL DURABILITY
insiea out a gineerng built to daisy,
longer padde performance
COMFORTABLE PLAY
Unqut vibration dampening layered
construction for arm and elbow comfort
Skill Level
Beginner to Pro
USA
PICKLE -RAIL
The first paddle
qualifying for USA
Pickleball's new Quiet
Category
SPECIFICATIONS
SIdB Level:
Beginner to Pro
Weight Average: 7.5 oz
Grip: OWL Flight Grip
Grip Circumference: 4.06" (actual grip sizes may vary up to 1/B") Paddle Length: 16.3"
Handle Length: 5.0'
Paddle Width: 7.5'
Padde Face: Proprietary Acoustenem Composite
Care Material: Polypropylene Honeycomb
Care Thickness: 13 mm 10.51')
Edge Guard: Woven Acoustenee" ipatent pending)
Made in China
AVERAGE CUSTOMER RATING
Council Agenda- Mav 15, 2025
FREE SHIPPING OVER 599 TO U.S. AND CANADA
FREE SHIPPING ON ALL OWL PADDLES
Founder's Edition
Limited Edition
A design to celebrate the
OWL's goal to revolutionize
your pickleball experience.
Core Thickness
16 mm (0.63")
Weight Average
7.9 oz
Handle Length
The OWL CX
Control Series
Delivers unprecedented touch,
huge sweet spot, and soft feel
for easy, pinpoint drops.
Core Thickness
16 mm (0.63")
Weight Average
7.8 oz
Handle Length
ay
The OWL CXE
Control Series
Elongated handle version of
the OWL CX with all the same
control benefits.
Core Thickness
16 mm (0.63")
Weight Average
7.9 oz
Handle Length
The OWL PX
Power Series
Thinner profile with maximum
hand speed and
maneuverability, delivering
put -away power.
Core Thickness
13 mm (0.51")
Weight Average
7.6 oz
Handle Length
4.7/5
CERTIFIED REVIEWS
Wer
Powered by YOTPO
TODAY
Forbes
®CBS SPORTS
the
SiriusXM dunk.
The OWL PXE
Power Series
Elongated handle version of
the OWL PX with all the same
power benefits.
Core Thickness
13 mm (0.51")
Weight Average
7.5 oz
H h.
andle 37 of 494
Council Aaenda- May 15, 2025
FREE SHIPPING OVER 599 TO U.S. AND CANADA
The OWL paddle is better by every measure that matters. -OWL
Playability
Proprietary blend of paddle benefits including
control, spin, power and touch.
Noise profile
Proprietary AcousteneTM sheath available
nowhere else in the world
Accuracy
Larger sweet spot for enhanced accuracy with
off -center impacts
Maneuverability
Anti -head heavy design for incredible
balance
Arm & elbow comfort
Unique vibration dampening layered
construction for arm and elbow comfort
Durability
Inside -out engineering built to deliver longer
paddle performance.
The first paddle qualifying for USA Pickleball's new Quiet Category
Council Agenda- Ma 15, 2025
INDIAN WELLS COUNTRY CLUB PICKLEBALL NOISE STUDY
90 Ca80
G) 70
J 60
a) 50
40 GJ
- 30
20 cas 10
0 Regular Pickleball Paddle vs Owl Paddle Impact
Noise
<2 ,O � <,,Q, 9.7.0yy� 1, °)Y ADO cb 1�� ti� y�� <0 `°
Frequency, Hz
Owl Paddle
Regular
Paddle
OWL
PADDLE
Hz SPL, dB
31.5 57.2846
63 50.78922
125 53.84864
250 59.76428
500 69.69457
1000 71.65208
2000 67.79392
4000 55.7006
8000 46.67099
Leq 75.1
STANDARD
PADDLE
Hz SPL, dB
31.5 49.59108
63 52.12123
125 52.3509
250 58.52786
500 75.1207
1000 83.90518
2000 71.78102
4000 61.11888
8000 56.75753
Leq 84.7
MARCH 13, 2024
gcIovszzcis
CONSULTANTS IN ACOUSTICS, NOISE & VIBRATION
(877) 595-9988
Council Agenda- May 15, 2025
U. %9
18 0.47
2.p5
0.s7 2.2s
. o0
Scale: 1 inch= 10 Ft.
1.18 3.48
1.36 3.73
1.57 1.57
(E) PA41j4TRUCTUPF
4.27 •
0.47 0.46
x.41
1.58 •
1.57 9.80
4.25 4.13
3.72 3.06
1 S>
1 36
-•moo
0.34 1.16
0.06 0.05
0.25 0.16
0.76 x.46
.gg
0.98 2.44
9.68 6.13
2.21 4.17
5.98 1.9.9
Luminaire Schedule
Symbol
Qty
Label
Arrangement
Description
LLF
Lum Watts
Mtg Height
4 S4
Single
ST-HML400N
0.900
399.2
20 6
S4-2
Back -Back
ST-HML400N
0.900
399.2
20 ,
Calculation Summary
Label
CalcType
Units
Avg
Max
Min
Avg/Min
Max/Min
Court 1
Illuminance
Fc
77.73 91
66 1.18
1.38 Court 2
Illuminance
Fc
81.87 92
74 1.11
1.24 Court 3
Illuminance
Fc
81.87 92
74 1.11
1.24 Court 4
Illuminance
Fc
77.73 91
65 1.20
1.40 Spill Light
Illuminance
Fc
0.41 13.68
0.00 N.A.
N.A.
0..
0.85 1.36
6.Q7
E� LANosCA 1. 7g
6.93 6.-j0
2.20 1.99
0 1.79
1.37 0.49
32 3D RENDERINGS
Luminaire Location Summary
LumNo
Label
Z
Orient
Tilt
1 S4
20 346
0 2
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20 166
0 3
S4
20 346
0 4
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20 166
0 5
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20 346
0 6
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20 346
0 7
S4-2
20 346
0 8
S4-2
20 346
0 9
S4-2
20 346
0 10
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20 346
0 ATTACHMENT #8
Mounting Height=20ft
Tilt=0
Calculation Grids Are 3ft Above Grade
Light Loss Factor=0.9 (Maintained Footcandles)
THIS ANALYSIS IS BASED ON CCNPUTER DATA DERIVED FROM
FIXTURES TESTED BY AN INDEPENDENT TESTING LABORATORY
IN ACCORDANCE WITH ILLUMINATING ENGINEERING SCGETY
APPROVED NETT-IODS & UNDER CONTROLLED CONDITIONS.
0NSITE OBSTRUCTIONS, LIKE TRESS, VEHICLES, ETC, ARE NOT INCLUDED IN THE CALCULATIONS. ACTUAL IVEASUREIVENTS IN
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Council Agenda- May 15, 2O25
ATTACHMENT #10
RESOLUTION NO. PC 2025-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
INDIAN WELLS, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE MODIFICATION TO CONDITIONAL USE PERMIT
NO. 2-85-6 TO CONSTRUCT AND OPERATE FOUR NEW PICKLEBALL
COURTS WITH ASSOCIATED LIGHTING, COURTSIDE CANOPIES,
AND LANDSCAPING IMPROVEMENTS ADJACENT TO THE EXISTING
PARKING GARAGE AT THE RENAISSANCE ESMERALDA RESORT AND
SPA LOCATED AT 44400 INDIAN WELLS LANE (APN: 633-150-071),
AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER
CEQA GUIDELINES SECTION 15301 and 15303
WHEREAS, Courtmaster Sports, Inc, (the "Applicant"), on behalf of the Renaissance Esmeralda Resort and Spa, has filed an application with the City of Indian Wells (the "City") for a modification to Conditional Use Permit ("CUP") No. 2-85-6 to construct four new pickleball courts with approximately 9,520 square feet of surface area, associated lighting, courtside canopies, and landscaping improvements adjacent to the Renaissance Esmeralda Resort and Spa's existing parking garage at 444000 Indian Wells Lane operating during the City's daytime hours of 8:00 am to 10:00 pm (the "Project"); and WHEREAS, notice of a public hearing of the Planning Commission of the City to consider the Applicant's request was given in accordance with applicable law; and WHEREAS, on April 24, 2025, a duly noticed public hearing on the Project was held by the Planning Commission; and
WHEREAS, During the Planning Commission's public hearing on April 24, 2025, the Planning Commission unanimously adopted amendments to Resolution Number PC 2025-05 by adding Condition of Approval #5 as listed on Exhibit "A" attached hereto; and WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the Planning Commission finds as follows:
Conditional Use Permit:
1. The proposed location of the modified conditional use is in accord with the objectives of the Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located.
FACT: The proposed Project site is located within the Commercial General Plan land use designation, with a base zone of Resort Commercial CRC"). Additionally, the site property has the Golf Course Overlay Zone applied due to the existence Indian Wells Golf Resort's hole 18 within the same property. Pursuant to section 21.40.020 of the IWMC, the Golf Course Overlay zone only applies as an overlay zone on established golf courses, coterminous with the boundaries of the overlaid course. The Golf Course Overlay Zone development standards do not apply to the Esmeralda's existing event lawn area or 26529.00000 43047411.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
parking structure adjacent to the project site because these areas are not established golf courses. Thus, the development standards for the RC base zone apply to this project.
RC zone was established to regulate the development of commercial resort properties and their accessory uses, which typically include hospitality, dining, retail, resort residences, and supportive recreational facilities. Section 21.34.040 clearly states that uses that can be shown to make up the"resort experience," such as hotels, restaurants, and recreational facilities, must undergo review and approval via the CUP process. The proposed amenity is consistent with recreational offerings at other hotel resorts in the City and helps support the goals and policies outlined in the City's Economic Development Element. Specifically, the project is consistent with General Plan Policy ED -3.1, which promotes a visitor -friendly environment in commercial areas that includes high -quality hospitality options which help further the City's vision as a destination resort community. The proposed expansion of recreational amenities within the Renaissance Esmeralda Resort complex is also consistent with the intended use under the original CUP approval.
2. The proposed conditional use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
FACT: The proposed Project will not adversely affect public health, safety or welfare, nor will it materially injure surrounding properties or improvements. The Project will adhere to all applicable sections of the California Building Code, California Fire Code and Municipal Code, thereby preventing adverse impacts resulting from the facility's development and operation. A professional acoustical study ('noise study") was prepared to evaluate the projected noise from the 4 -court pickleball facility at the proposed location within the Esmeralda resort complex. The noise study determined that the associated noise levels from pickleball play on 4 -courts would be in compliance with the City's Day and nighttime noise standards at the nearest residential properties without the need for additional noise controls. The City's Noise Ordinance permits higher noise levels in commercial properties, evaluating such noise based on its impact on adjacent sensitive receptors, such as nearby residential areas. In addition to compliance with the City's Noise Ordinance, the project has no significant impact on nearby sensitive receptors.
Lastly, the new facility has been designed to complement the surrounding uses in the resort complex.
3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Code except for approved Variances.
FACT: As conditioned, the modification to CUP No. 2-85-6 complies with all applicable provisions of the City's Zoning Code. The construction and operation of the four pickleball courts and the associated improvements is considered a major modification to CUP No. 2-85-6 and the Project's review and approval procedure is consistent with IWMC Section
21.06.040. Further, in accordance with IWMC Section 21.34.040, country clubs/golf courses and recreational facilities are permitted uses within the RC Zone, subject to approval of a CUP or CUP Modification. The proposed Project provides additional amenities to the members of the Renaissance Esmeralda Resort and Spa and conforms with the applicable provisions of the City's Zoning Code. 26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
California Environmental Quality Act (CEQA):
1. Modification to CUP No. 2-85-6 has been reviewed in compliance with CEQA.
FACT: This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), the State and local CEQA Guidelines, and the environmental regulations of the City. The City, acting as Lead Agency, has determined the modification to CUP No. 2-85-6 qualifies as being Categorically Exempt from CEQA under Section 15301, Existing Facilities, and Section 15303, Construction or Conversion of Small Structures.
CEQA Guidelines Section 15301 describes Class 1 categorical exemptions as follows:
"Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use."
The Project will be developed on part of the existing, disturbed event lawn located on a resort campus and currently utilized for resort accessory uses consistent with the RC zoning. The Project does not expand the existing use because it proposes a recreational activity consistent with the existing commercial resort use.
CEQA Guidelines Section 15303 describes Class 3 categorical exemptions as follow:
"15303. New Construction or Conversion of Small Structures "Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel." Sections 15303(a) through (f) provide examples of structures that qualify as Class 3 projects, which include, but are not limited to, those summarized herein: (a) one single- family residence, or a second dwelling unit in a residential zone; (b) a duplex or similar multi -family residential structure totaling no more than four dwelling units; (c) a store, motel, office, restaurant or similar structure not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area; (d) utility extensions; (e) accessory structures including garages, carports, patios, swimming pools, and fences; and (f) steam sterilization units to treat medical waste.
The proposed project is consistent with the definition and examples listed in Section Guidelines section 15303. The proposed Project would result in the construction and operation of four (4) pickleball courts with associated improvements that can be considered an accessory structure and ancillary use to the resort complex where it is 26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
located.. The Project will not involve any use of hazardous substances and will consist of construction "of limited numbers of new, small facilities or structures".
CEQA Guidelines section 15300.2 establishes six (6) exceptions to categorical exemptions. The Project, which involves the construction and operation of four (4) new pickleball courts and associated improvements, have been evaluated to determine whether any exceptions apply. None of the exceptions apply to the Project for the following reasons:
(a) Location. The Project is located within the existing Renaissance Esmeralda Resort and Spa property which has previously been developed for Resort Commercial uses. The subject property is not located in a sensitive environmental area of hazardous or critical concern as designated or mapped by federal, state, or local agencies.
(b) Cumulative Impact. The Project is a standalone project with a single phase of construction. The project is not part of a series of projects that may contribute to a substantial cumulative impact on the environment. This exception to categorical exemptions does not apply to the Project
(c) Significant Effect. The Project does not involve any unusual circumstances that will create a reasonable possibility that the activity will have a significant effect on the environment. The project's potential noise impact has been studied and found to be within the City's daytime noise standards for residential properties. The new pickleball courts shall operate during the City's daytime hours of 8:OOam to 10:OOpm. Potential light and glare related impacts have been studied, which determined no light trespass at the nearest residential property located approximately 500 -feet south of the Project site. Operation of the Project would have no environmental impact on the site or surrounding community. (d) Scenic Highways. The subject property is not located within the viewshed of any scenic highways and will not result in any impact on scenic resources such as trees, historic buildings, rock outcroppings or similar resources. Existing landscaping will be rehabilitated to its original state at the conclusion of the project, and the court design is consistent with the aesthetic quality and character of the surrounding area.
(e) Hazardous Waste Site. The subject property is not identified as an environmental cleanup site, hazardous waste or substances site (Cortese), or site containing a Leaking Underground Storage Tank (LUST). There are no known hazardous materials, and the project site is not listed as a hazardous waste site listed on Section 65962.5 of the Government Code.
(f) Historical Resources. The Esmeralda Resort and its facilities are not designated as local, state, or federal historic resources. The Project would have no impact on a historical resource. Therefore, this exception to categorical exemptions does not apply to the Project.
26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
As described in the above analysis, the proposed Project is consistent with the terms of the Class 3 exemption under CEQA Guidelines section 15303 and Class 1 exemption under CEQA Guidelines section 15301. The exceptions to categorical exemptions detailed in CEQA Guideline section 15300.2 do not apply to the Project. Therefore, the Project is exempt from CEQA under each of the Class 1 and Class 3 exemptions.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIAN WELLS RESOLVES AS FOLLOWS:
SECTION 1. The Planning Commission ADOPTS Resolution No. PC 2025-05 recommending the City Council approve modification to CUP No. 2-85-6 subject to the Conditions of Approval listed on Exhibit "A" attached hereto and by this reference incorporated herein.
SECTION 2. The Community Development Director shall transmit this recommendation to the City Council, and the Planning Commission recommends that Resolution No. PC 2025-05 be scheduled for a public hearing before the City Council.
SECTION 3. The Planning Department shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail, a certified copy of this Resolution to Applicant.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Indian Wells, California, at a regular meeting held on this 24th day of April, 2025.
BRUCE BAHNEMAN
CHAIR
CERTIFICATION FOR RESOLUTION NO. PC 2025-05
I, Jon Berg, Community Development Director of the Planning Department of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the Planning Commission is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the Planning Commission of the City of Indian Wells on the 24th day of April, 2025, by the following vote:
AYES:
NOES:
Bahneman, Laks, Schubert, Snellenberger, Welch
None
ATTEST: APPROVED AS TO FORM:
JON BERG
COMMUNITY DEVELOPMENT DIRECTOR
26529.00000 43 04741 12
BEST BEST & KRIEGER
CITY ATTORNEY
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
EXHIBIT "A"
Conditions of Approval
Modification to CUP No. 2-85-6
April 24, 2025
GENERAL:
1. The Applicant shall defend, indemnify, and hold harmless the City of Indian Wells and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Indian Wells, its officers, employees, or agents to attack (including any judicial proceedings or an referendum), set aside, void, or annul any approval or condition of approval of the City of Indian Wells concerning this project, including but not limited to, any alleged act or failure to act related to the California Environmental Quality Act ("CEQA"), any approval or condition of approval by the Planning Commission or City Council. The City shall promptly notify the Applicant of any such claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. Applicant shall defend, with counsel mutually chosen by City and Applicant Applicant's own cost, expense and risk, any and all such aforesaid suits, actions or other proceedings of every kind that may be brought or instituted against City, its officials, officers, employees and agents. Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees or agents in any such suits, actions or other proceedings.
Applicant shall also reimburse City for the cost of any settlement paid by City arising out of any such claims, demands, causes of action, costs, expenses, liabilities, loses, damages, injuries, suits, actions, or other proceedings. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees.
Applicant shall reimburse City, its officials, officers, employees and agents for any and all legal expenses and costs, including expert witness fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Applicant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees or agents. In all cases, the City reserves the right, at its own option and cost, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter.
2. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
3. This approval of modification to CUP No. 2-85-6 shall be used within one (1) year after final approval or it shall become null and void unless the time limit is extended by the City Council per Municipal Code Section 21.06.040(e). The phrase "be used" above shall mean the application by the Applicant for, and approval and issuance by the City of, applicable building permits to start construction of the phased project.
4. All relevant Conditions of Approval from CUP No. 2-85-6, including any subsequent modifications, shall remain in effect for this modified CUP. 26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
5. The Community Development Director or designee shall have the authority to require additional noise attenuating measures, if the City receives noise complaints that are corroborated by the City's Code Enforcement Department proving operation of the pickleball courts exceeded the City's daytime noise standard at surrounding residential areas. Those attenuating measures required by the Community Development Director or designee will be at the project owner's expense, to ensure associated noise levels do not exceed the City's established noise standard at any residential homes in the surrounding area. As listed in the project's noise study as "general noise control options for greater compliance levels," these measures may include but are not limited to: additional noise barrier fencing, the use of quiet paddles and balls, and/or limiting hours of operation.
6. The pickleball courts shall be used exclusively by registered guests of the Renaissance Esmeralda Resort and Spa as an additional amenity offered by the resort. The new pickleball courts shall not be open for public use. Any changes in usage shall require approval from the City.
7. The Applicant shall maintain the facilities, including but not limited to the fencing, canopies, lighting, and landscaping, in an acceptable and safe condition to the satisfaction of the City of Indian Wells, for the life of the Project.
8. The pickleball courts shall only be allowed to operate between the hours of 8:00 a.m. and 10:00 p.m., seven days a week.
9. Existing resort parking shall be used exclusively by registered guests of the Renaissance Esmeralda Resort and Spa. Parking operations shall not be impacted by the operation of new pickleball courts.
10. The project shall be developed in accordance with the approved plans, and failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the City Council. However, the Community Development Director or designee shall have the authority to approve minor deviations in the conditions of approval, and all plans including the construction drawings, if deemed necessary by both the Applicant and the City to implement the Project as conditionally approved.
11. Upon submittal of construction drawings to the Building Department for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.
12. All plans shall be coordinated for consistency.
13. The Applicant shall pay development impact fees at the established rates. Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, TUMF fee, local CVMSHP development impact fee, building permit and plan check fees.
26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
14. All signage must be in compliance with Indian Wells Municipal Code Title 17 and all other applicable Code sections. Proposed deviations from the Title 17 of the Indian Wells Municipal Code shall be submitted for consideration as an application in compliance with Indian Wells Municipal Code Section 21.06.050.
15. Approval of this modified conditional use permit shall not waive compliance with all applicable sections of the Indian Wells Municipal Code, all other applicable City ordinances, and applicable specific plans.
16. Construction shall occur between the hours of 7:00 am and 5:00 pm, Monday through Friday, 8:00 am and 5:00 pm, Saturday and no construction on Sunday or national holidays per Municipal Code Section 9.06.047. The Community Development Director may grant a temporary waiver from these hours in limited circumstances where a special need is demonstrated.
17. Within fifteen (15) days of final approval by the City Council, the Applicant shall submit in writing, a statement indicating that the Applicant has read and agrees to the conditions imposed herein. Approvals of land use and related applications hereunder shall become void, and any privilege, permit, or other authorization granted shall be deemed to have terminated if compliance with this condition has not been completed within the specified time limits.
LANDSCAPING:
18. Detailed landscaping and irrigation plans shall be submitted for approval by either the Community Development Director and/or the Coachella Valley Water District.
19. Above ground -mounted utility locations shall require approval by the Community Development Director. All detector check and backflow assemblies shall be located in planting areas.
20. Any exposed detector check/backflow devices shall be painted a neutral/earth tone color and any pipes extending above ground shall be finished and painted to match the device.
21. All ground -mounted utility appurtenances shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming and/or landscaping to the satisfaction of the Community Development Director.
22. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this project.
26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
LIGHTING:
23. All lighting shall be designed and installed to minimize on -site and off -site glare onto adjacent property. Lighting shall comply with the approved Photometric Plan, and any modifications require prior approval from the Community Development Director.
24. The maximum height of all light fixtures shall not exceed 20 -feet above the court surface. All lighting shall be shielded and directed downward to minimize glare and light spillover onto adjacent residential areas.
25. Lighting shall operate only between 8:00 a.m. and 10:00 p.m., consistent with the hours of operation for the courts.
BUILDING AND SAFETY
26. A pre -construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, Applicant, contractor, superintendent, and all subcontractors prior to start of construction.
27. Prior to the issuance of a building permit for construction, the Applicant shall first obtain and present to the Building Department permits and/or clearances from the following agencies/individuals as applicable:
a. City Fire Marshal
b. City Public Works Director
c. Community Development Director
d. Coachella Valley Water District (CVWD)
28. Seismic design consideration shall be in accordance with the provisions of the current California Building Code and the seismic design parameters of the Structural Engineers Association of California.
29. Building construction will be designed in accordance with the energy conservation requirements imposed by the California Energy Commission and Title 24 of the California Administrative Code.
30. The Project shall comply with all applicable provisions of the Americans with Disabilities Act (ADA).
31. The Project is to be built according to Building and Safety Standards and comply with any applicable City of Indian Wells Municipal Code Regulation.
32. The Project site shall be clean and free of trash and construction debris, and all construction equipment shall be removed from the site prior to issuance of a certificate of occupancy.
33. The developer or contractor is responsible for construction parking. To the extent feasible, all construction, visitor, and worker vehicles shall be parked on -site. Any 26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
City of Indian Wells
Resolution No. PC 2025-05
construction, visitor, or worker vehicles not parked on -site, must be parked legally on the street within a 150 -foot radius of the construction site.
END OF CONDITIONS
26529.00000 143 0474 1 1.2
Council Agenda- May 15, 2025
INDIAN WELLS CITY COUNCIL
May 15, 2025
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: Annual Public Hearing and Resolution on Refuse Collection and Recycling Service Rates
RECOMMENDED ACTIONS:
Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and
APPROVES the annual levy of residential parcels for refuse collection and recycling services; and
ADOPTS Resolution ordering the levy and collection of fees for refuse collection and recycling services from residential and commercial properties within the City consistent with Indian Wells Municipal Code section 8.04.190; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
BACKGROUND:
Pursuant to statutory requirements, the City Council of Indian Wells is mandated to conduct an annual Public Hearing and adopt a Resolution approving the Residential and Commercial Rate structures for Refuse Collection and Recycling Services. The City Council must also authorize the annual levy of residential parcels for refuse collection and recycling services. Upon approval, this levy is incorporated into the Riverside County tax roll for collection.
Public Hearing & Compliance with Proposition 218
In adherence to Proposition 218, a Public Hearing has been duly noticed for the City Council meeting scheduled for May 15, 2025. This notification ensures transparency and allows residents to offer public testimony regarding the proposed residential rate adjustments.
Council Agenda- May 15, 2025
Composition of the Annual Levy
The refuse collection and recycling services levy comprises three primary components:
• Service Costs — Governed by the terms of the franchise agreement, these costs are subject to adjustments only within the contractual framework. • Disposal Fees — These costs, directly passed through to customers, are determined by the tipping fees imposed by Riverside County at landfill sites. • Recycling Costs — The City maintains a robust recycling program, partially funded through AB 939 recycling fees established in 1991. These fees facilitate compliance with state -mandated diversion goals and support the city's waste reduction initiatives.
Refuse Collection and Recycling Services
Residential Services
The City of Indian Wells provides premium refuse collection services, including backyard service for all residential households. Burrtec, the City's waste management provider, supplies residents with color -coded bins designated for household waste, recyclables, and organic waste (green and food waste).
Additional Services
Residents have access to the following complimentary services, available upon request by contacting Burrtec at (760) 340-2113:
• Bulky Item Collection — Up to four large items per week can be placed at the curb for collection on the regular trash day by 7:00 a.m.
• Electronic Waste (E -Waste) Disposal — Items such as televisions, computers, and other electronic devices can be recycled through Burrtec's bulky item pickup service.
• Household Hazardous Waste (HHW) Collection — Hazardous materials can be safely disposed of via Burrtec's free at-home collection service. • Sharps Disposal — Residents can safely dispose of medical sharps by sealing them in a puncture -resistant container labeled "Sharps" and scheduling a collection.
Council Agenda- May 15, 2O25
• Used Motor Oil Recycling — Residents may schedule the free collection of up to five gallons of used motor oil with a minimum of 48 hours' notice before their regular service day.
• Christmas Tree Collection — From December 26 through the second week of January, Burrtec will collect and recycle Christmas trees. • Document Shredding Events — The city sponsors two annual shredding events, held on the last Saturdays of January and April, to facilitate the secure disposal of sensitive documents. These events take place at Burrtec's Palm Desert office.
OPTIONS:
The City Council has the following options regarding the annual levy for refuse collection and recycling services:
1. The Council may approve the annual levy of residential parcels, ensuring continued funding for essential waste management services, including collection, disposal, and recycling.
2. Denial of the annual levy would result in a lack of funding for these services, potentially disrupting waste collection.
3. Alternatively, the Council may provide direction.
FISCAL IMPACT
Under the terms of the franchise agreement, service rates are subject to annual adjustments based on the Producer Price Index (PPI). These adjustments are capped at a maximum of 5% annually for residential and commercial services.
SB 1383 Implementation & Impact on Rates
In accordance with Senate Bill 1383 (SB 1383), which mandates a 75% reduction in organic waste disposal and the recovery of at least 20% of edible food waste by 2025, the City of Indian Wells has initiated an extensive public education campaign. The cost implications of SB 1383 compliance have been included in the 2025-26 fiscal year levy, amounting to an additional $2.67 per month ($32.04 annually) per residential parcel.
Residential Rates
For the fiscal year 2025-26, the proposed residential parcel levy is set at $471.36 per parcel, reflecting an increase of $46.68 compared to the previous year. This rate
Council Agenda- May 15, 2025
adjustment, effective from July 1, 2025, to June 30, 2026, aligns with the terms of the franchise agreement.
Residential Services
Tax RoII
Fy 2025/26 Fy 2024/25
Proposed Current Increase
Levy Levy Levy Direct Bill
Fy 2025/26 Fy 2024/25
Proposed Current Increase
Levy Levy Levy
Service Fee
23.11 19.99
3.12 Service Fee
24.42 21.26 3.16
SB 1383 Rate
Dump Fee
AB 939 Assessment
2.67 5.01
2.40 0.27
4.76 0.25
SB 1383 Rate
Dump Fee
AB 939 Assessment
2.67 5.01
2.40 0.27
4.76 0.25
0.53 0.53
0.53 0.53
Recycling Fee 6.30
Home Hazardous Waste
6.10 0.20 Recycling Fee
6.30 6.10 0.20
1.61 0.05
Total Monthly Fee
Total Annual Fee
Other Charges
1.66 1.61 0.05 Home Hazardous Waste
39.28 35.39 3.89 Total Monthly Fee
471.36 424.68 46.68 Total Annual Fee
Fy 2025/26 Fy 2024/25
Proposed Current Increase
Levy Levy Levy
New Start Fee 19.35
18.75 0.60
Re -Start Fee 29.00
28.10 0.90
NSF/Returned Check Fee
38.68 37.48 1.20
Commercial Rates
1.66 40.59
36.66 3.93
487.08
439.92 47.16
Commercial rates consist of three components: the service rate, tipping fees, and AB 939 recycling fees, and are adjusted by the franchise agreement. A detailed commercial rate schedule, as provided by Burrtec, is appended to this report for Council review.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that this resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a "project" as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
ATTACHMENTS:
1. Resolution
Council Agenda- May 15, 2025
ATTACHMENT #1
RESOLUTION NO. 2025-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF FEES FOR
REFUSE COLLECTION AND RECYCLING SERVICES FROM RESIDENTIAL
AND COMMERICAL PROPERTIES WITHIN THE CITY PURSUANT TO
INDIAN WELLS MUNICIPAL CODE SECTION 8.04.190
WHEREAS, the City Council has heretofore adopted Chapter 8.04 of the Indian Wells Municipal Code establishing standards for the collection and disposal of refuse, trash, rubbish and other forms of solid waste; and
WHEREAS, the City Council has determined that the disposal and/or collection of refuse, trash, rubbish or other solid waste is a service to be performed in the City in accordance with the provisions of the Municipal Code; and
WHEREAS, pursuant to Municipal Code Section 8.04.210 and California Public Resources Code Section 40059(a)(1) an exclusive franchise has been granted to Burrtec Waste and Recycling Services (the "Contractor") for the collection, transportation, recycling, composting and disposal of solid waste from residential, commercial, construction and industrial (roll -off) establishments within the City; and
WHEREAS, Municipal Code Section 8.04.190 provides that the City Council shall establish by Resolution the schedule of residential and commercial fees that can be charged by the Contractor for solid waste collection, disposal and recycling services; and WHEREAS, California Public Resources Code Section 41901 authorizes the City to impose fees in amounts sufficient to pay the costs of preparing, adopting, implementing and administering local recycling and source reduction programs; and WHEREAS, the City has heretofore adopted and imposed an AB 939 Administrative Fee as part of the fees for refuse collection and recycling services paid annually by eligible parcels within the City; and
WHEREAS, the City Council desires to levy and collect residential and commercial fees to pay for Refuse Collection and Recycling Services rendered to eligible parcels within the City for the period commencing July 1, 2025, and ending June 30, 2026; and WHEREAS, the City Council conducted a duly noticed public hearing on May 15, 2025 concerning the adoption of fees for refuse collection and recycling services, at the conclusion of which there was not a majority protest against the adoption of the proposed fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. In all respects, the Recitals of this Resolution are true and correct.
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
SECTION 2. The annual fees for residential refuse collection and recycling services shall be $424.68 per parcel for those parcels which will be billed on the property tax roll and otherwise for all other parcels of the rates set forth in Exhibit "A" attached hereto. The City Clerk and Finance Director are authorized and directed to request that the County place on residential property tax rolls in the amount of $471.36 per parcel. The annual fees set forth above shall be effective from and after the first day of July 1, 2025 through June 30, 2026 unless amended by City Council resolution prior to that date.
SECTION 3. The annual rates for commercial refuse collection and recycling services shall be as set forth in Exhibit "A" attached hereto. Commercial rates shall be paid by all applicable commercial customers within the City. The annual fees set forth above shall be effective from and after the first day of July 1, 2025 through June 30, 2026 unless amended by City Council resolution prior to that date.
SECTION 4. This Resolution shall take effect upon adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 15th day of May 2025.
BRUCE WHITMAN
MAYOR
CERTIFICATION FOR RESOLUTION NO. 2025-
I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 15th day of May 2025, by the following vote:
AYES:
NOES:
ATTEST: APPROVED AS TO FORM:
ANGELICA AVILA
CITY CLERK
TODD LEISHMAN FOR
BEST BEST & KRIEGER LLP
CITY ATTORNEY
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
EXHIBIT "A"
City of Indian Wells
Rate Increase
Effective July 1, 2025
Residential Service
Proposed
2025-26
DESCRIPTION
SERVICE 1383 DUMP AB939 RECYCLING HHW MONTHLY
RATE RATE (a) FEE FUND SERVICE Fee CHARGE
TAX ROLL $23.11 $2.67 $5.01 $0.53 $6.30 $1.66 $39.28
DIRECT BILL $24.42 $2.67 $5.01 $0.53 $6.30 $1.66 $40.59 ADDITIONAL CART ALL SERVICES $3.56 $0.20 $3.76
(a) Final Phase -in Adjustment for SB1383 services
NEW START FEE
RE -START FEE
NSF I RETURNED CHECK FEE
$19.35
$29.00
$38.68
Bulky item collection
Replacement recycling containers (2nd In 12 -month period) Wheeled cart (purchase)
per Item
per occurrence
per occurrence
$77.97
$37.85
$104.46
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
City of Indian Wells
Rate Increase
Effective July 1, 2025
Commercial Service
Proposed Rates
2025-26
COMMERCIAL RATES
2 YARD BIN SERVICE
PICK-UP PER WEEK
SERVICE
RATE
DUMP
FEE
AB939
FUND
Trash
Rate
Recycle
Rate (1)
1 $94.27
5 36.05
$5.63
$ 135.95
$94.27
2 $161.87
5 72.17
$11.26
$ 245.30
$161.87
3 $229.34
$ 108.22
$16.89
$ 354.45
$229.34
4 $297.88
$ 144.31
$21.92
$ 464.11
$297.88
5 $364.21
S 181.45
$28.15
$ 573.81
$364.21
6 $478.42
$ 213.01
$33.77
$ 725.20
$478.42
EXTRA EMPTY PICK-UP
$63.55
+
Pull Out Fee
5 11.70
$63.55
1) Recycle Rate ecual to service component of trash rate 3 YARD BIN SERVICE
PICK-UP PER WEEK
SERVICE
RATE
DUMP
FEE
AB939
FUND
Trash
Rate
Recycle
Rate (1)
1 $118.42
$ 54.07
$8.44
$ 180.93
$118.42
2 $202.14
$ 108,22
$16.89
$ 327.25
$202.14
3 $288.49
$ 162.39
$25.33
$ 476.21
$288.49
4 $367.72
$ 216.43
$33.77
$ 617.92
$367.72
5 $454.13
$ 270.21
$42.22
$ 766.56
$454.13
6 $537.05
$ 324.70
$50.66
$ 912.41
$537.05
EXTRA EMPTY PICK-UP
$87.19
+
Pull Out Fee
$ 11.71
, $87.19
11 Recycle Rate equal to service component of trash rate 4 YARD BIN SERVICE
PICK-UP PER WEEK
SERVICE
RATE
DUMP
FEE
AB939
FUND
Trash
Rate
Recycle
Rate (1)
1 $155.44
$ 72.17
$11.26
$ 238.87
$155.44
2 $250.63
$ 144.31
$22.52
$ 417.46
$250.63
3 $350.82
$ 216.43
$33.77
$ 601.02
$350.82
4 $450.59
$ 288.06
$45.03
$ 783.68
$450.59
5 5550.48
$ 360.37
556.29
$ 967.14
$550.48
6 $640.86
$ 432.55
$67.55
$ 1,140.96
$640.86
EXTRA EMPTY PICK-UP
$113.97
+
Pull Out Fee
$ 11.71
5113.97
ate equal to service component of trash rate
6 YARD BIN SERVICE
PICK-UP PER WEEK
SERVICE
RATE
DUMP
FEE
AB939
FUND
Trash
Rate
Recycle
Rate (1)
1 $213.08
$ 103.71
$29.05
$ 345.84
5213.08
2 $366.51
$ 207.39
$58.10
$ 632.00
$366.51
3 $524.88
$ 311.13
587.15
$ 923.16
$524.88
4 5669.68
$ 414.79
$116.20
$ 1,200.67
$669.68
5 $828.16
$ 690.65
$165.44
$ 1,684.25
$828 16
EXTRA EMPTY PICK-UP
$152.00
+
Pull Out Fee
$ 11.71
$152.00
(1) Recycle Rate equal to service component of trash rate
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
City of Indian Wells
Rate Increase
Effective July 1, 2025
Commercial Service
Proposed
2025-26
COMPACTOR RATES (X3)
2 YARD BIN SERVICE SERVICE DUMP AB939 MONTHLY
PICK-UP PER WEEK RATE FEE FUND CHARGE
2 3
4 5
6 EXTRA EMPTY PICK-UP
$282.81 $108.15 $16.89 $407.85
$485.61 $216.51 $33.78 $735.90
$688.02 $324.66 $50.67 $1,063.35
$893.64 $432.93 $65.76 51,392.33 '
$1,092.63 $544.35 $84.45 51,721.43
$1,435.26 $639.03 $101.31 $2,175.60
$190.65 + Pulf Out Fee $ 35.13
3 YARD BIN SERVICE SERVICE
PICK-UP PER WEEK RATE
$355.26 5162.21 $25.32 $542.79
2 $606.42 $324.66 $50.67 $981.75
3 $865.47 $487.17 $75.09 $1,428.63
4 $1,103.16 $649.29 $101.31 $1,853.76
5 $1,362.39 $810.63 $126.66 $2,299.68
6 $1,611.15 $974.10 $151.98 $2,737.23
EXTRA EMPTY PICK-UP _ $261.57 + Purl Out Fee $ 35,13
DUMP AB939 MONTHLY
FEE FUND CHARGE
4 YARD BIN SERVICE SERVICE
PICK-UP PER WEEK RATE
1 $466.32 $216.51 $33.78 $716.61 I
2 $751.89 $432.93 $67.56 $1,252.38
3 $1,052.46 $649.29 $101.31 $1,803.06
4 $1,351.77 $864.18 $135.09 $2,351.04
5 $1,651.44 $1,081.11 $168.87 $2,901.42
6 $1,922.58 $1,297.65 $202.65 $3,422.88
EXTRA EMPTY PICK-UP $341.91 + PuiI Out Fee $ 35.13
DUMP AB939 MONTHLY
FEE FUND CHARGE
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
City of Indian Wells
Rate Increase
Effective July 1, 2025
Commercial Service
Proposed Rates
2025-26
COMMERCIAL OTHER CHARGES AMOUNT
RE -START FEE $ 28.47
NEW START FEE $ 18.97
PULL-OUT CHARGE $ 49.91
COMMERCIAL BULKY ITEM PICK-UP PER ITEM $ 52.24
LOCKING CONTAINER CHARGE (CUSTOMER PROVIDES LOCK & KEY) $ 85.38 REPLACEMENT LOCKING BAR CHARGE $ 56.96
TEMP/CONSTRUCTION 3yd, per lift $ 194.02
TEMP/CONSTRUCTION 4yd, per lift $ 248.39
NSF I RETURNED CHECK $ 34.93
96 GALLON RECYCLING CONTAINER MONTHLY CHARGE, COMMERCIAL $ 17.57 35 GALLON RECYCLING CONTAINER MONTHLY CHARGE, COMMERCIAL $ 12,55 SATURDAY CHARGE PER BIN (SERVICE LESS THAN 4 DAYS PER WEEK) MON $ 47.15
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
City of Indian Wells
Rate Increase
Effective July 1, 2025
Commercial Foodwaste
1-64 Gallon Cart Proposed Rates
Total
# Pick -Ups Material Franchise AB -939 Monthly
Per week Processing Fee Fee Rate
1 $ 40.12 $ 13.75 $ 3.49 $ 95.15
2 $ 80.22 $ 27.50 $ 6.98 $ 190.29
3 $ 120.34 $ 41.24 $ 10.47 $ 285.43
4 $ 160.41 $ 54.99 $ 13.96 $ 380.56
5 $ 200.53 $ 68.74 $ 17.45 $ 475.70
2-64 Gallon Cart
Total
# Pick -Ups Material Franchise AB -939 Monthly
Per week Processing Fee Fee Rate
1 $ 80.22 $ 24,83 $ 6.14 $ 171.66
2 $ 160.41 $ 49.66 $ 12.28 $ 343.32
3 $ 240.62 $ 74.48 $ 18.42 $ 514.95
4 $ 320.85 $ 99.31 $ 24.56 $ 686.64
5 $ 401.04 $ 124.14 $ 30.70 $ 858.31
3-64 Gallon Cart
Total
# Pick -Ups Material Franchise AB -939 Monthly
Per week Processing Fee Fee Rate
1 $ 120.34 $ 35.25 $ 8.58 $ 243.56
2 $ 240.62 $ 72.48 $ 17.16 $ 500.37
3 $ 360.96 $ 105.73 $ 25.74 $ 730.58
4 $ 481.25 $ 140.96 $ 34.32 $ 974.04
5 $ 601.60 $ 176.21 $ 42.90 $ 1,217.61
4-64 Gallon Cart
Total
# Pick -Ups Material Franchise AB -939 Monthly
Per week Processing Fee Fee Rate
1 $ 160.41 $ 44.32 $ 10.61 $ 306.05
2 $ 320.85 $ 88.64 $ 21.22 $ 612.14
3 $ 481.25 $ 132.95 $ 31.83 $ 918.19
4 $ 641.69 $ 177.28 $ 42.44 $ 1,224.31
5 $ 802.11 $ 221.60 $ 53.05 $ 1,530.38
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
City of Indian Wells
Rate Increase
Effective July 1, 2025
Commercial Foodwaste
Additional Cart after
4 Carts Per Week
# of Carts
Per Pick -Up
1 2
3 4
5 Extra Pickup
# of Carts
Per Pick up
1 2
3 4
5 2 YARD ORGANIC BIN
X Per Week
1 2
3 4
5 2yd Extra Pick Up
Material
Processing
$ 40.12
$ 80.22
$ 120.34
$ 160.41
$ 200.53
Material
Processing
$ 9.25
$ 18.52
$ 27.77
$ 37.06
$ 46.33
Material
Processing
97.72 195.45
293.20
390.90
488.62
25.07 $
$
Franchise
Fee
10.78 21.55
32.34 43.11
53.89 AB -939
Fee
$ 2.56
$ 5.11
$ 7.67
$ 10.23
$ 12.79
Franchise
Fee
$ 3.93 $
$ 7.41 $
$ 10.08 $
$ 13.44 $
$ 16.80 $
Franchise
Fee
5 39.52
$ 76.51
$ 116.03
$ 155.55
$ 195.08
$ 11.83
AB -939
Fee
1.04 S
1.94 $
2.59 $
3.45 $
4.31 $
Total
Monthly
Rate
$ 74.42
$ 148.75
$ 223.26
$ 297.64
$ 372.07
Total
Monthly
Rate
27.25 51.32
69.77 93.03
116.31
AB -939
Fee Rate
10.61 $ 274.09
$ 21.22 $ 531.27
$ 31.83 $ 805.38
$ 42.44 $ 1,079.45
$ 53.05 $ 1,353.56
$ 1.04 $ 79.90
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
City of Indian Wells
Rale Increase
Effective July 1, 2025
Roll Off Service
Proposed Rates
2025-26
PERMANENT ROLL OFF RATES (1 MONTH MIN. SERVICE -INCLUDES 3 EXCHANGES & LAST REMOVAL)
DESCRIPTION
20 YARD CONTAINER
30 YARD CONTAINER
40 YARD CONTAINER
LANDFILL A8939
SERVICE FEE FUND
RATE (PER TON) (PER LOAD)
$331 48 5 79.21 $31.06
$331.48 $ 79.21 $46.59
$361.07 $ 79.21 $62.12
Landfill fees at cost plus franchise fee
COMPACTOR RATES (ONE MONTH MINIMUM SERVICE, INCLUDES 3 EXCHANGES & LAST REMOVAL)
DESCRIPTION
20 YARD CONTAINER W! COMPACTOR
30 YARD CONTAINER Wi COMPACTOR
40 YARD CONTAINER W! COMPACTOR
OTHER CHARGES
OTHER CHARGES
LANDFILL A8939
SERVICE FEE FUND
RATE (PER TON) (PER LOAD)
$804.02 $ 79 21 $62.12
$604.02 $ 79.21 $93.18
$686.43 $ 79.21 $124.24
LANDFILL, FEE (PER TON)
EXTRA TRIP CHARGE
RELOCATION CHARGE
NEW START FEE
RE -START FEE
NSF !RETURNED CHECK FEE
'RENTAL FEE
Concrete Washout - Pump
AMOUNT
$ 79.21-
$ 105.79
$ 52.89
$ 17.38
$ 25.70
$ 35.26
$ 35.26
5 138.45
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
PPI Commodity Data
Original Data Value
Series Id:
Not Seasonally Adjusted
Series Title:
Group:
Item:
Base Date;
Years:
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
Change
% Change
W PIJFD49207
PPI Comrnodily data for Final demand -Finished goods, not Final demand
Finished goods
198200
2015 to 2025
Year Jan
192.2 -
189.9
196.4
201.0
201.6
206.8
207.6
233.941
254622
251.768 (F)
250.819
9.0510
3.20%
Fab Mar Apr May Jun Jul Aug Sep Oct Nov Dee
192.6 193.6 193.1 198.0 197.7 107.4 196.3 193.4 1924 191.6 100.1 195.0 109.2 190,3 191.7 193.8 193.5 192.6 193.2 193.7 192.4 193.7 196.0 196.3 998.0 197.0 197.8 197.6 198.4 199.6 199.4 200.4 199.9 201,3 202,1 202.8 205.0 205.9 208.0 205.8 205.9 208.7 204.4 202.5 202.4 204.9 207,1 207.0 208.9 207.4 206.4 205.7 206.3 206.4 206.0 205.0 231.8 196.1 200,9 202.2 203.3 203.2 203.3 263.8 203.0 204.4 210.1 213.9 215.1 218.4 221.5 223.456 224.950 227.240 229.686 230.862 229,449 238.956 246,495 248.791 255.183 262.394 257,709 253.744 253.501 255.481 255.268 249.919 253.956 253.942 265.140 252855 254.318 255.145 258.969 269.346 254.485 252.581 260.179 256.565 258.580 260.928 258.508 258.556 259.819 259,695 257.360 256,717 257.628 256.996 261.805
3/14/2025
Council Agenda- May 15, 2025
City of Indian Wells
Resolution 2025 -
Edom Hill Transfer Station
Application for 7/1/2025 Rate Adjustment
Proposed Rate Adjustment - July 1st 2025
Current 7!1 2025
Rate/Ton CPI CPI County Fee Rate/Ton
Transport Rate $16.16 (a) 2.94% $0.48 $16.64
Loading & Operating Rate $8.31 (a) 2.94% 50.24 $8.55
Facility Fee $0.89 (a) 2.94% 50.03
Mitigation Fee $1.00 $0.92
Disposal Fee $1.00
_ $38.12 (b) 28t1% $1.10 $1.00 $40.22
Total Rate/Ton $64.48 2.82% $1.85 $1.00 $67.33
(a) Jan 2025 CPI
(b) Pass -through of CPI on County Landfill Tipping Fee adjustment effective 71!25
Council Agenda- May 15, 2025
INDIAN WELLS CITY COUNCIL
May 15, 2025
To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Administrative Services Manager Subject: Compliance with New Legal Obligations re: Public Hearing on City Vacancies and Recruitment and Retention Efforts (Assembly Bill 2561/Government Code Section 3502.3)
RECOMMENDED ACTIONS:
Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing, and
RECEIVES and FILES this information in compliance with AB 2561; and FINDS its actions to comply with AB 2561 do not constitute a project subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15060(c)(3) and are exempt from CEQA under State CEQA Guidelines section 15061(b)(3).
EXECUTIVE SUMMARY:
AB 2561 requires public agencies, including the City, to hold at least one (1) public hearing per fiscal year to discuss vacancies and recruitment and retention efforts. This report discusses the City's legal obligations under the new law, which took effect January 1, 2025.
BACKGROUND:
AB 2561 was introduced to address the issue of job vacancies in public agencies, which adversely affects the delivery of services and employee workload. Among other requirements, the bill mandates that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the agency's governing body at least once per fiscal year prior to the adoption of the budget. The bill was enacted into law and is codified at Government Code section 3502.3. The new law took effect January 1, 2025.
Council Agenda- May 15, 2025
Analysis
In compliance with the new legal obligations, the City is required to do the following:
1. Public Hearing: At least once each fiscal year, at a public hearing before the City Council, the City shall present information regarding the status of vacancies and recruitment and retention efforts (Gov. Code § 3502.3(a)(1)) and identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process (Gov. Code § 3502.3(a)(3)).
The data presented will always include the previous calendar year's information so that the public hearing compares apples to apples over the same period each time.
Today's presentation includes vacancy data for the period of January 1, 2024 through December 31, 2024.
If the City Council adopts an annual or multiyear budget during the fiscal year, this presentation must occur prior to the City Council's adoption of the final budget for the City. (Gov. Code § 3502.3(a)(2).)
2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit at the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. There is one (1) bargaining unit at the City: the Indian Wells Employee Association (IWEA)(Gov.
Code § 3502.3(b).)
As a courtesy, the IWEA was advised of the Public Hearing and was informed of their legal entitlement to make a presentation.
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing, including the following: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov. Code § 3502.3(c).)
For the reporting period (January 1, 2024 through December 31, 2024), vacancies did not exceed 20% within the Indian Wells Employee Association.
Council Agenda- May 15, 2025
DISCUSSION:
Staffing for the Reporting Period
The City of Indian Wells has 34 full time staff on payroll. There are no part time staff.
During the reporting period, three (3) employees separated from the City, all of whom were non -represented staff. Only one of these positions, the Assistant City Manager, was vacant at the conclusion of the calendar year, and the City was active recruitment to fill that role.
Recruitment for the Reporting Period
Recruitment is handled internally by Administrative Services, or externally through an Executive Recruitment firm, depending on the position being flown. Internal recruitments take an average of 6 weeks from the time a new position is open for applicants and the new hires first day at City Hall. External recruitments through a recruitment firm are conducted in line with the contract and typically take three (3) months or more to complete.
The City posts all open positions on our Human Resources webpage, as well as job boards with NEOGOV (GovernmentJobs.com), JobsAvailable, and the Municipal Management Association of Southern California (MMASC). As appropriate, positions are also listed with the International City/County Management Association (ICMA), the American Public Works Association (APWA), the California Association for Local Economic Development (CALED), the California Society of Municipal Finance Officers (CSMFO), and the Government Finance Officers Association (GFOA). External recruitment cast a wider net through the selected firm's platforms of choice. This can include any of the platforms listed above, plus the PublicCEO job board, California City News, social media, the recruiter's own outreach efforts, and more.
Internal recruitment efforts commonly receive over 50 applicants for any given position.
Depending on their qualifications, the City typically conducts Round 1 interview with 5- 10 of the top candidates. These individuals are selected after a thorough review process, conducted in collaboration with Administrative Services, the Department Head, the intended Supervisor, and a combination of staff from within the Department and from across the organization. Sometimes, staff within comparable positions or with comparable supervisory experience over the open position will be invited from neighboring organizations to assist with the interview process.
During the reporting period (January 1, 2024, through December 31, 2024), none of the open positions needed to be flown a second time, with successful hires being selected from the first round of applicants.
Council Agenda- May 15, 2025
Four (4) staff members were recruited during the reporting period: two (2) Management Assistants, (1) Assistant Finance Director, and (1) Assistant City Manager. Due to separations and reclassifications, these hires were vacancy fills, not additions to staffing.
For the reporting period (January 1, 2024, through December 31, 2024), vacancies did not exceed 20% within the Indian Wells Employee Association. One position was removed from the IWEA due to reclassification.
Retention Efforts
The City of Indian Wells offers a variety of engagement, support, and benefits for employees as part of its retention efforts. This includes but is not limited to:
• Funding for professional development efforts and membership in professional development organizations;
• Monthly training opportunities including on and offsite, in -person and virtual; • Employee recognition initiatives such as CM Report mentions, a community kudos board, and an annual employee recognition event;
• Tuition support for continuing education;
• Competitive benefits package including comprehensive health benefits, retirement planning, and work -life balance support;
• Annual File Clean Up Day, Employee Wellness Week, and Employee Appreciation luncheons to celebrate achievements; and
• Flexible work arrangements such as a 9/80 work week and alternative scheduling where operationally feasible.
These efforts are continuously evaluated for effectiveness with adjustments based on employee feedback and operational need.
FISCAL IMPACT:
There is no fiscal impact to the City.
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 its actions to comply with AB 2561 do not qualify as a project subject to CEQA pursuant to State CEQA Guidelines sections 15060(c)(2) and 15060(c)(3), and are exempt from CEQA under State CEQA Guidelines section 15061(b)(3) because such actions will not result in a direct or reasonably foreseeable indirect physical change to the environment; there is no possibility that the action may have a significant effect on the environment.
Council Agenda- May 15, 2025
ATTACHMENTS:
1. AB 2561 Text
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AB 2561 Requirements
G✓ Annual Public Hearing
G✓ Status of Vacancies
G✓ Recruitment and Retention Efforts
G✓ Employee Association Participation
G✓ Additional Reporting for High Vacancy
Rates (20% and Above)
Status of Vacancies
34 The City of Indian Wells has 34 full
time staff on payroll. There are no part
time staff.
3 Three employees separated from the
City during the reporting period. All of
them were non -represented.
1 Only one position was vacant at the
conclusion of the calendar year.
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Recruitments
4 New Hires
The City recruited four new hires
during the reporting period. Due to
separations and reclassifications, these
hires were vacancy fills, not additions
to staffing numbers.
Management Assistant
Management Assistant
Assistant Finance Director
[Assistant City Manager
Recruitment Timeline
6 Weeks
The amount of time it takes our
standard recruitment efforts to fill a
vacant position from the date it is
posted to the new hire's first day at
City Hall.
Background Check &
Physical
5 / Background Check &
Physical
4 Interviews & Offer
v
3 Reviewing and
Selecting
Recruitment Data
Standard Recruitments
Management Assistant — CONF
• Non -Represented
• Recruitment Began: August 26, 2024
• New Hire's First Day: October 7, 2024
• Recruitment Duration: 6 Weeks
Management Assistant — Public Works
• Represented
• Recruitment Began: September 19, 2024
• New Hire's First Day: November 4, 2024
• Recruitment Duration: 6 Weeks
Professional/ Contracted Recruitments
Assistant Finance Director
• Non -Represented
• Recruitment Began: March 19, 2024
• New Hire's First Day: June 17, 2024
• Recruitment Duration: 12 Weeks
Assistant City Manager
• Non -Represented
• Recruitment Began: November 27, 2024
• New Hire's First Day: March 24, 2025
• Recruitment Duration: 16 Weeks
Where We Post:
All positions are posted:
• City's Human Resources webpage
• NEOGOV (aka: GovernmentJobs.com)
• iobsAvailable
• MMASC Job Board
As appropriate, positions are also listed:
• ICMA
• APWA
• CALED
• CSMFO
• GFOA
■
GOVERNMENTJOBS
Jq
JOBS
tRVRILRBLE INC.
MMASC
Retention Data
Fully Funded Positions were Net Zero
for the Reporting Period:
January 1, 2024
• Funded Positions: 34
• Represented: 17
• Non -Represented: 17
December 31, 2024
• Funded Positions: 34
• Represented: 16
• Non -Represented: 18
Employee Association Impact for the
Reporting Period:
0 Represented employees separated from the City during the reporting period.
0 Positions added to the Employee Association during the reporting period.
1 Position removed from the Employee Association during the reporting period.
Approach to Retention
Indian Wells offers a variety of engagement, support, and benefits for employees as part of our approach to retention. These include:
G✓ Professional Development & Training
G✓ Tuition Support
G✓ Employee Recognition Initiatives
G✓ Comprehensive Benefits Package
G✓ Flexible Work Arrangements
G✓ Annual File Clean Up Day, Wellness Week, and
Employee Appreciation Luncheons
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ATTACHMENT #1
Council Agenda- May 15, 2025
LEGISLATIVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB -2561 Local public employees: vacant positions. (2023-2024) SHARE THIS: ® x Date Published: 09/23/2024 09:00 PM
Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment.
Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2561, McKinnor. Local public employees: vacant positions.
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.
This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state -mandated local program. The bill would also include related legislative findings.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
Council Agenda- May 15, 2025
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements. (b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges.
(c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.
SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. (2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget. (3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. (b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(1) The total number of job vacancies within the bargaining unit. (2) The total number of applicants for vacant positions within the bargaining unit. (3) The average number of days to complete the hiring process from when a position is posted. (4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f) For purposes of this section, "recognized employee organization" has the same meaning as defined in subdivision (a) of Section 3501.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law. Page 374-0 94
Council Agenda- May 15, 2025
INDIAN WELLS CITY COUNCIL
May 15, 2025
To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Administrative Services Manager Subject: Ordinance Adopting the Fire Hazard Severity Zone Map Published by the Office of the State Fire Marshall in
Compliance with California Fire Code and Government Code Section 51179
RECOMMENDED ACTIONS:
Council INTRODUCES Ordinance designating Moderate, High and Very High Fire Hazard Severity Zones (VHFHSZ) in the Local Responsibility Areas (LRA) as recommended by the Office of the State Fire Marshal, in accordance with the California Fire Code and Government Code section 51179; and
FINDS the project not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15060, 15061(b)(3), and 15378.
BACKGROUND:
On March 24, 2025, the Office of the State Fire Marshal published new maps identifying Fire Hazard Severity Zones within Local Responsibility Areas (LRA). The updated zones will be applied statewide across all jurisdictions. The City of Indian Wells is required by state law (Government Code section 51179) to adopt the maps within 120 days of their release. This Ordinance would adopt the maps as recommended and does not increase the severity zone of any given area within our jurisdiction.
After the devastating Oakland Hills Fire in 1991, Assembly Bill 337 required the Office of the State Fire Marshal to evaluate fire hazard severity in Local Responsibility Areas (LRAs) and make recommendations to local jurisdictions where Very High Fire Hazard Severity Zones (VHFHSZs) exist. In 2021, the law was amended to include both Moderate and Very High Fire Hazard Severity Zones.
Local Responsibility Areas (LRAs) are areas such as incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection. This responsibility is typically handled by city fire departments, fire protection districts, counties, or by CAL FIRE under contract.
Council Agenda- May 15, 2025
According to the State Fire Marshal, the factors considered in determining fire hazard within wildland areas include fire history, flame length, terrain, local weather, and potential fuel over a 50 -year period. Outside of wildlands, the model also accounts for factors that may threaten buildings, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildlands, fire history, and fire hazards in nearby wildlands.
The State Fire Marshal's office uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evaluating fire hazards in Local Responsibility Areas. The LRA hazard rating reflects the risks of flame and ember intrusion from adjacent wildlands, as well as flammable vegetation within urban areas.
Government code section 51179 requires a local agency to designate moderate, high and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Indian Wells is looking to adopt the maps as recommended and is not looking to increase the severity zone of any given area within our jurisdiction.
What Does This Mean for Indian Wells
Impact on the community varies depending on the severity zone identified.
At the April 3, 2025, City Council Meeting, Deputy Fire Marshall Kohl Hetrick presented information about the Map specific to the City of Indian Wells (the Local Responsibility Area) which includes Moderate and High classifications, but no Very High classifications (ATTACHMENT 1). In his presentation, he noted that the only impact to residents would be those in High classifications where residents will need to provide hazard disclosure during real estate transactions.
On April 14, 2025, in compliance with state law, an eBlast was sent to residents informing them of today's discussion, inviting public comment, and providing information on what the Maps are, how the classifications are determined, and who to contact with questions (ATTACHMENT 2). The eBlast also encourages residents to contact Chief Beverlin to schedule a free home hardening assessment.
How Do These Classifications Impact Insurance
The Fire Hazard Severity Zone Maps will not directly determine a resident's ability to get or keep home insurance, but they may play a role. Insurance companies use their own risk models, which look at a home's vulnerability to fire and other short-term factors.
While they may not specifically rely on CAL FIRE's maps, they do use some of the same wildfire risk data. However, insurance companies also consider additional, frequently changing factors that aren't included in CAL FIRE's long-term hazard mapping. Residents should check with their providers to understand how wildfire risk affects their specific policy. The California Department of Insurance put out a Consumer Alert outlining why
Council Agenda- May 15, 2025
CAL FIRE hazard maps do not affect insurance rates or availability (ATTACHMENT 3) as well as a review of Frequently Asked Questions (ATTACHMENT 4).
FISCAL IMPACT:
There is no fiscal impact on the City to adopt the Fire Hazard Severity Zone Map through Ordinance.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The adoption of the ordinance designating Moderate, High and Very High Fire Hazard Severity Zones in the Local Responsibility Areas as recommended by the Office of the State Fire Marshal is exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of the ordinance may have a significant effect on the environment. (State CEQA Guidelines, § 15060, 15061(b)(3), and 15378) ATTACHMENTS:
1. City of Indian Wells FHSZ Map
2. April 14, 2025, eBlast Informing Residents
3. Consumer Alert
4. Frequently Asked Questions
5. Ordinance
6. Submitted Public Comments
•
Itw
CITY OF INDIAN WELLS - RIVERSIDE COUNTY
HMENT #1
Local Responsibility Area
Fire Hazard Severity Zones
p�y°nvii ee v oM mor
FIRE
As Identified by the
State Fire Marshal
March 24, 2025
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
High Moderate
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
High Moderate
Mi 0
1 Km 0
1 Projection: NAD 83 California Teale Albers
Scale: 1:36,000 at 11" x 17"
2 Incorporated City
Unzoned LRA
Waterbody
Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps.
Gavin Newsom, Governor, State of California
Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Data Sources:
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) CAL FIRE State Responsibility Areas (SRA25_1)
City and County boundaries as of 10/22/24 (CA 2cc.r; of Erua'ization)
Council Agenda- May 15, 2025
ATTACHMENT #2
Micaela Wilkey
From:
Sent:
To:
Subject:
City of Indian Wells
Monday, April 14, 2025 7:18 AM
Micaela Wilkey
We want your feedback on the updated Fire Hazard Severity Zone Map! CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
INDIAN WELLS
CALI FORK l
Updated Fire Hazard Severity Zone Map
Hello Micaela,
The City of Indian Wells is seeking your feedback on the CAL FIRE, Fire Hazard Severity Zone (FHSZ) Map.
The FHSZ maps are developed using a science -based, field-tested model that assigns a hazard score based on factors influencing the likelihood and behavior of wildfires. These maps were recently updated to more accurately represent the zones in California that are susceptible to wildfires.
It's important to note that the FHSZ map is based on hazard, not risk, meaning the map identifies areas where wildfires are more likely to spread aggressively based on physical conditions such as slope, wind patterns, vegetation and fire history. It helps planners and safety officials understand how a wildfire could behave in a particular area under extreme conditions.
1
Council Agenda- May 15, 2025
This map is a long-term planning tool, not a real-time risk assessment, evacuation notice or emergency alert. It is meant to inform building codes and fire safety policies that contribute to making our community more resilient over time.
What does this mean for residents?
If your property is located in the "high" or "very high" zones of the FHSZ map, you must provide a hazard disclosure during real estate transactions.
Additionally, the City would like your feedback regarding the updated map.
To submit a public comment, please email [email protected] or attend the public hearing on Thursday, May 16, 2025, regularly scheduled Council Meeting to provide your feedback in person.
The FHSZs won't directly determine your ability to get or keep home insurance, but they may play a role. Insurance companies use their own risk models, which look at a home's vulnerability to fire and other short- term factors. While they may not specifically rely on CAL FIRE's maps, they do use some of the same wildfire risk data. However, insurance companies also consider additional, frequently changing factors that aren't included in CAL FIRE's long-term hazard mapping. If you're concerned about insurance coverage, check with your provider to understand how wildfire risk affects your policy.
Residents can request free home hardening assessments to identify how prepared their property is for a wildfire. To schedule an assessment, please contact Chief Beverlin at (760) 902-6972 or
Mike. Beverl i n @fi re. ca . gov.
Additional Resources
• History of FHSZ Maps
• What are FHSZs?
• Frequently Asked Questions
• If you have any questions, please contact the Office of the State Fire Marshal at (916) 633-7655 or FHSZinformation(dfire.ca.gov.
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
(760) 346-2489
View the FHSZ Map
Monday - Friday
8:00 a.m. - 5:00 p.m.
(Closed 12:00 - 1:00 p.m.)
Closed major holidays
Stay Connected
f X O
City of Indian Wells 144-950 Eldorado Drive I Indian Wells, CA 92210 US 2
Council Agenda- May 15, 2025
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3
ATTACHMENT #3Council Agenda- May 15, 2025
#INSURECA
CALIFORNIA CONSUMER ALERT
Insurance Commissioner Ricardo Lara
CAL FIRE hazard maps do not affect insurance rates or availability Insurance Commissioner Ricardo Lara issued a fact
sheet explaining that CAL FIRE hazard maps do not
affect insurance rates or availability. A Spanish -
language fact sheet is also available.
For many years, insurance companies have been
using wildfire risk models for determining where they
will write and renew policies, and how much premium
to charge a policyholder -- not the Fire Hazard
Severity Zone maps. CAL FIRE's maps are required
by law and their purpose is to drive local planning
decisions, not insurance decisions.
Commissioner's POV: "Let me be clear: The CAL
FIRE hazard maps are not used for insurance rates
or underwriting decisions. But they will empower
communities with more accurate information about
the very real hazards we face. The reality is we all
need to do more to protect our homes and communities from wildfires. When communities know and understand their risks, they can plan and prepare."
Background: The Department of Insurance is implementing a Sustainable Insurance Strategy aimed at supporting safer communities. Based on feedback gathered from thousands of town halls and meetings with homeowners, businesses, and individual consumers, Commissioner Lara implemented an aggressive approach to modernize insurance regulations to address insurance accessibility challenges for consumers.
Commissioner Lara's new Safer from Wildfires regulation clarifies what actions you should take to reduce wildfire risks and receive an insurance discount.
CAL FIRE hazard
maps do not affect
insurance rates or
availability
800-927-4357
insurance.ca.gov
J
Insurance companies use computerized wildfire catastrophe models to determine which homes to write based on the risk of loss. Building on the Safer from Wildfires initiative — the nation's first wildfire safety discount program — the strategy requires catastrophe models to account for mitigation efforts by homeowners, businesses, and communities, something not possible even a few months ago under outdated regulations.
Learn More: The Department of Insurance fact sheet is posted at CAL FIRE's Fire Hazard Severity Zone web page where you can learn more about enhancing your property's fire safety and view current versions of maps.
insurance.ca.gov 1800-927-4357
Council Agenda- May 15, 2025
A Partnership
Initiative
Consumer Outreach
Exciting News! The California Department of Insurance (COI) is proud to introduce the Community Outreach and Education Partnership Initiative. This dynamic program is designed to raise consumer awareness about CDI's vital services and expand understanding of key insurance topics and fraud prevention. Become a valued partner and unlock exclusive access to:
•
.
•
Comprehensive consumer education materials
Specialized training sessions
Powerful social media tools
Become a Partner Today: https://www.surveymonkey.com/r/VHGZQHT insurance.ca.gov 1800-927-4357
ATTACHMENT #4 Council Agenda- May 15, 2025
RICARDO LARA
INSURANCE COMMISSIONER
California Department of Insurance
Q&A — Insurance and CAL FIRE Fire Hazard Severity Zone Maps
1. How will the updated CAL FIRE maps affect insurance availability and affordability? CAL FIRE's maps are intended to drive local planning decisions, not insurance decisions. Under Commissioner Lara's new regulation finalized in October 2022, insurance companies must provide discounts for wildfire safety actions such as community mitigation and home -hardening, which CAL FIRE's maps do not assess. In addition, insurance companies are already using risk analysis tools and models that go beyond CAL FIRE's proposed maps in determining what properties they will underwrite.
Commissioner Lara's new wildfire safety regulation will help increase access to insurance by promoting wildfire safety across the state. Reducing wildfire risks throughout the state is the primary way we can make insurance more available and affordable, and our regulation is a major step towards that goal. CAL FIRE's maps support that goal through improving public education about hazard and the need for safety preparation.
2. How will these maps benefit the public?
Public education about where current wildfire hazards exist is essential to reducing the threat to local communities and maintaining access to available and affordable insurance. When communities know and understand their risks, they can plan and prepare.
In addition, the Department's first -ever report on climate insurance recommended updated wildfire hazard mapping to improve public safety.
1 3. If you are a homeowner and your zone changed from High Hazard to Very High Hazard, will this impact your insurance premiums or renewal ability? For many years, insurance companies have been using alternate wildfire risk tools for determining where they will write and renew policies, and how much premium to charge a policyholder, not the Fire Hazard Severity Zone maps. Therefore, a change in designation on the maps for a single homeowner is unlikely to affect their insurance. The reality is that more accurate risk information enables homeowners and communities to reduce their wildfire risks, and Commissioner Lara's new wildfire mitigation regulation clarifies what actions you should take to reduce wildfire risks. Once that regulation is fully implemented, if a homeowner or business owner takes those risk mitigation actions, they will be able to see a discount in their insurance premium. age 384 of 494
Council Agenda- May 15, 2025
2 4. How is the state addressing wildfire mitigation?
By design, CAL FIRE's maps are focused on long-range wildfire hazard, which includes only certain variables, like wind, vegetation, ember production and movement, climate, topography, and fire history. CAL FIRE's maps will give up to date information to communities about the level of wildfire hazard they face, which could help target resources at the state and local level. Expanded state grant programs and Commissioner Lara's new wildfire safety regulation are aimed at reducing wildfire risks to communities through programs such as Firewise USA and the new Fire Risk Reduction Community designation from the California Board of Forestry and Fire Protection. age 385 of 494
Council Agenda- May 15, 2025
ATTACHMENT #5
ORDINANCE NO. _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,
CALIFORNIA, ADOPTING THE FIRE HAZARD SEVERITY ZONES AS
RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178;
AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15060, 15061, AND 15378.
WHEREAS, the California Department of Forestry and Fire Protection (CAL FIRE), pursuant to Government Code Section 51178, has developed updated Fire Hazard Severity Zone (FHSZ) maps for areas within Local Responsibility Areas (LRAs); and WHEREAS, Government Code Sections 51175 through 51189 require local jurisdictions to adopt the FHSZ maps by ordinance, and to enforce the building standards for new structures in Very High Fire Hazard Severity Zones as established in the California Building Code and California Fire Code; and
WHEREAS, adoption of the FHSZ map will help the City reduce the risk of wildfire through updated planning and building standards and enable better protection of life, property, and natural resources; and
WHEREAS, the City of Indian Wells desires to adopt the FHSZ map as recommended by CAL FIRE to comply with state law and to ensure the health, safety, and welfare of the community.
WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider this Ordinance was given in accordance with applicable law; and WHEREAS, on May 15, 2025, a public hearing on this Ordinance was held by the City Council; and
WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the City Council finds that this Ordinance is consistent with General Plan goals and policies pertaining to public safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Desicnation of Fire Hazard Severity Zones. The City of Indian Wells hereby adopts and designates the Fire Hazard Severity Zones within the City as recommended by the California Department of Forestry and Fire Protection and presented in the map titled:
"City of Indian Wells Fire Hazard Severity Zones Map," as set forth in "Exhibit A" as maintained and published by the California Department of Forestry and Fire Protection.
This map is incorporated by reference and shall serve as the official FHSZ designation within the Local Responsibility Area for the City of Indian Wells.
Council Agenda- May 15, 2025
City of Indian Wells
Ordinance No.
SECTION 2. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at 44950 Eldorado Drivee, Indian Wells, CA 92210. The custodian of these records in the City Clerk.
SECTION 3. 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.
Additionally, 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.
Moreover, the adoption of the updated Fire Hazard Severity Zone map is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308, as it constitutes an action taken by a regulatory agency for the protection of the environment.
SECTION 4. Effective Date. This Ordinance takes effect 30 days following its adoption.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at an adjourned regular meeting held on the 15th day of May 2025.
BRUCE WHITMAN
MAYOR
Council Agenda- May 15, 2025
City of Indian Wells
Ordinance No.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO.
I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. , having been regularly introduced at the meeting of May 15, 2025, 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 of , 2025 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
CITY CLERK
TODD LEISHMAN FOR
BEST BEST & KRIEGER LLP
CITY ATTORNEY
Council Agenda- May 15, 2025
City of Indian Wells
Ordinance No.
Exhibit "A"
"City of Indian Wells Fire Hazard Severity Zones Map,"
CITY OF INDIAN WELLS — RIVERSIDE COUNTY
Local Responsibility Area
Fire Hazard Severity Zones
As Identified by the
State Fire Marshal
March 24, 2425
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Council Agenda- May 15, 2025
ATTACHMENT #6
From:
To: Community
Subject: Re: We want your feedback on the updated Fire Hazard Severity Zone Map! Date: Monday, April 14, 2025 9:12:42 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Thank you for sharing this information. Very helpful. I did share the previous newsletter about our Class 2 Fire Protection rating (Great news!) with my insurance broker as my homeowners insurance company has decided to pull out of California with no claims on my part. It's getting harder and harder to find coverage. I'll share this newsletter also. THANK YOU for keeping us informed.
Here are some thoughts from my broker (below) and I thought it was worth sharing. Positive for Indian Wells, but the point they make is we can do as much as possible but the risk is dependent on the preparedness of our surrounding cities and their efforts also, so that would be a great thing to understand from Palm Desert and La Quinta in our immediate vicinity. And any of the other 7 major communities in the Coachella Valley.
I like the map, it helps explain the risks visually. Videos were also good.
Thank you!
Sarah Crosby
Native Springs HOA
Any efforts made in local communities across the state are absolutely essential to minimize fire risk. The state leaders don't want the entire burden. They want individual cities and communities to be more proactive. It has been proven when there is a local plan in place and there is afire, the casualties of property damage become less. All insurance companies use PPC classes to determine eligibility. It gets retrieved automatically via your property address. They rely on this information to assess their risk. They can't be too heavy with policyholders in areas of high risk so once they reach their capacity that is comfortable to them, they will no longer take on any new business. Once all cities and communities start being proactive with their own efforts these PPC's will be updated accordingly and once the risk goes down for more areas like yours, it will open the doors for more carriers to start selling again in those areas. All neighboring cities surrounding Indian Wells and Cove communities need to get on board as well. As we all know, embers can travel for several miles. Despite these proactive efforts, your area would have limitations for defense if the neighboring areas aren 't doing their part. Anyway, this is a good start. Hats off to these communities!
On Mon, Apr 14, 2025 at 7:17 AM City of Indian Wells wrote:
Council Agenda- May 15, 2025
Angelica Avila
From:
Sent:
To:
Subject:
Michael R. Finnell
Monday, April 14, 2025 7:38 AM
City Clerk
FHSZ Mapping
<
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Thankfully, we are not in a "risk zone"
If we were, I would be making a HUGE stink.
My view: it is the INSURANCE COMPANY'S responsibility to assess risk and charge appropriate premiums. It is not any other agency's responsibility.
This additional disclosure in the real estate transaction will only harm values and cause confusion.
Prospective buyers will get a quote from their insurance company, then make a decision as to whether or not a purchase should be consummated.
Additional regulation, is not the answer.
CAL Fire is doing good work, but THIS is not the answer.
Council Agenda- May 15, 2025
From:
To: Community
Subject: Re: We want your feedback on the updated Fire Hazard Severity Zone Map! Date: Monday, April 14, 2025 2:15:13 PM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
I live at Dorado Villas in Indian Wells, so feel pretty secure here.
Josie Flynn.
Sent from my iPad
On Apr 14, 2025, at 7:17 AM, City of Indian Wells
wrote:
Updated Fire Hazard Severity Zone Map
Council Agenda- May 15, 2025
Angelica Avila
From:
Sent:
To:
Cc:
Subject:
Dennis French
Monday, April 14, 2025 7:32 AM
City Clerk
Sharon French
Seems rigged
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
There are many areas in the red zone that are perfectly safe while others should have concerns.
My first impression is to lump so many good locations, some with no fire history, is kind of a scam to raise insurance costs and revenues unfairly, to benefit the insurance companies that just had major losses.
Kindest Regards,
Dennis D. French
C.E.O
Equity Directions Inc.
Council Agenda- May 15, 2025
From:
To: Community
Subject: Re: We want your feedback on the updated Fire Hazard Severity Zone Map! Date: Monday, April 14, 2025 10:39:54 AM
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.
Thanks for the fire hazard map. However, I am concerned that Indian Wells is very exposed to the hazards of a major earthquake. This exposure is high due to: 1. large number of bridges whose damage could block exit routes; 2. presence of gas pipelines which when damaged could trigger major fires in a parched environment; 3. lack of fireproof building codes (e.g., concrete residence sidewalls). Can we have a separate effort that ignores the insurance bogeyman to get to the dangers that we face? John Soden
Indian Wells
On Mon, Apr 14, 2025 at 7:17 AM City of Indian Wells wrote:
Council Agenda- May 15, 2025
Angelica Avila
From:
Sent:
To:
Subject:
Patricia Sandoval
Monday, April 14, 2025 9:16 AM
City Clerk
I am not sure what the map indicates. Are we ( I live on not risk in the area we reside
in a high hazard
CAUTION: This email originated outside our organization. Be cautious with any links or attachments. a high risk area? Do we have enough fire fighting support should a fire hit our neighborhood? Thank you, Respectfully, Patricia Sandoval
1
Council Agenda- May 15, 2025
INDIAN WELLS CITY COUNCIL
May 15, 2025
To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Administrative Services Manager Subject: Supplemental Appropriation for the Implementation of an Emergency Access Sensor Rebate Program and Municipal
Code Update Mandating Installation on New Development
RECOMMENDED ACTIONS:
Council AUTHORIZES the implementation of an emergency access sensor rebate program; and
APPROVES a supplemental appropriation of $15,000 to fund the program; and AUTHORIZES an update to Section 16.32 of the Indian Wells Municipal Code mandating the installation of emergency access sensors on all existing gates and new developments; and
FINDS the project not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15060(c)(3) and 15061(b)(3).
BACKGROUND:
Indian Wells consists of numerous gated communities throughout the City. Gates providing access for responding public safety vehicles must have a"key box" (commonly referred to as Knox Boxes). In collaboration with Cal FIRE and the Riverside County Sheriff's Department, the City has ensured compliance with the California Fire Code by ensuring that Knox Boxes have been installed and operational at each of the twenty-nine community gates. These boxes include keys to each gate, allowing emergency responders to lock the gates open, ensuring responding units and personnel can quickly and easily access the property and get to residents in need.
In addition to Knox Boxes, emergency access sensors (commonly referred to as OPTICOM sensors) provide another layer of access for responding public safety vehicles. While not currently required for installation, these sensors allow specialized lights on fire apparatus to open a gate without emergency personnel needing to exit their vehicles to manually
Council Agenda- May 15, 2025
open a gate to provide service. CalFire estimates the OPTICOM system can reduce response time by approximately 30 seconds.
In 2023, the City sent letters to each gated community, informing them of the importance of emergency access sensor systems and their role in expedient emergency response, encouraging each community to install them, and providing information on vendors available to assist in that endeavor. Unfortunately, none of the communities installed the OPTICOM system.
To date, only the gates at Indian Wells Villas and Mountain View Villas are equipped with both Knox Boxes and OPTICOM sensors.
DISCUSSION:
At the April 16, 2025, Public Safety Committee meeting, the Committee recommended that the City Council implement a program to require the installation of OPTICOM at each of the existing twenty-nine (29) automated gates in the community within the next twelve months, regardless of if these gates are manned or unmanned.
To encourage earlier compliance, the Public Safety Committee recommends a rebate program be established that offers a $500 rebate for each gate on which an emergency access sensor is installed, if completed within six months of implementing this new program. Gated communities receive their rebate from the City once they submit receipts with proof of installation.
The Public Safety Committee recommendation of a $500 rebate represents approximately 50% of the cost to install an emergency access sensor on each gate.
The Public Safety Committee also recommends that all existing communities that install new gates or newly developed gated communities must install an emergency access sensor. If these communities do so during the six-month rebate program, they would also qualify for the rebate.
To implement the mandate to install these sensors in addition to Knox Boxes on all existing gates, new gates, and newly developed gated communities, the City Council must authorize an update to Section 16.32 of the Indian Wells Municipal Code.
If Council approves the rebate program and changes to the Municipal Code, staff will bring forth an ordinance updating Section 16.32 of the Indian Wells Municipal Code to the June 2025 meeting. Once the ordinance has been introduced, adopted, and implemented 30 days after adoption, staff can begin the six month rebate program and begin the twelve-month compliance period for all gate upgrades.
Council Agenda- May 15, 2025
Public Safety Committee Recommendation:
At the April 16, 2025, Public Safety Committee meeting, the Committee recommended the Council implement a six-month emergency access sensor rebate program of $500 per gate upon receipt of proof of payment and proof of installation. The Committee met again in a special meeting on April 28, 2025, and recommends Council authorize an update to the Indian Wells Municipal Code mandating these sensors for all existing gates within 12 months of this approval, as well as for all new gates or new developments in future.
OPTIONS:
The City Council has the following options:
1. Instruct Staff to proceed with the implementation of the recommended rebate program, allocating $15,000 to the program, and mandating the installation of sensors on existing developments over a 12 -month period as well as future new developments; or
2. Proceed only with the implementation of the rebate program, allocating $15,000 to the program; or
3. Choose not to implement a rebate program, but mandate the installation of sensors on new and existing developments; or
4. Implement a rebate program with a different allocation amount; or
5. Provide alternative direction.
FISCAL IMPACT:
To support timely and unimpeded access for public safety personnel, the Public Safety Committee recommends implementing an OPTICOM system, which enables automated gate access through sensor technology. This system enhances emergency response times by allowing police, fire, and other emergency vehicles to open secured gates without manual intervention.
Should the Council choose to proceed with the recommended program at a cost of $500 per sensor, a supplemental appropriation of $15,000 from the Fire Services Program would be necessary to fund the installation of approximately 30 sensors at key access points. The proposed funding would be allocated from account 228.73.01.564000.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
An activity is not subject to CEQA if the activity is not a "project" under State CEQA Guidelines section 15368. (State CEQA Guidelines, § 15060(c)(3).) Section 15368 of the
Council Agenda- May 15, 2025
State CEQA Guidelines, in turn, provides that the creation of a government funding mechanism or other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment do not qualify as a project subject to CEQA. Here, the proposed rebate program constitutes government fiscal activity that does not involve any commitment to a project that may result in a potentially significant impact on the environment, and thus it is not a project subject to CEQA.
Moreover, even if the proposed rebate program did qualify as a project subject to CEQA, it would be exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
Council Agenda- May 15, 2025
INDIAN WELLS CITY COUNCIL
May 15, 2025
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Consideration to Amend the Sponsorship and Community Assistance Funding Policy
RECOMMENDED ACTION:
Council DISCUSSES the Finance Committee's recommendations to amend the Sponsorship and Community Assistance Funding Policy; and, APPROVES amending the Sponsorship and Community Assistance Funding Policy as presented; and,
FINDS the project to be exempt from the California Environmental Quality Act (CEQA) provisions pursuant to Section 15060.
BACKGROUND:
At the February 19, 2025, City Council meeting, the Council directed the Finance Committee to develop amendments to the existing Sponsorship and Community Assistance Funding Policy. The Council's directive centered on two key areas:
• Accountability and Reporting Measures: Establish clear expectations for fund usage and require detailed reporting from recipients of City funding, including sponsorships and community assistance grants.
• Streamlining Large Funding Requests: Develop a structured and transparent approach to efficiently evaluate and process community assistance funding requests that exceed $200,000.
In response to this directive, the Finance Committee convened on March 11 and again on April 7, 2025, to deliberate and finalize recommended revisions. The Committee's discussions focused on three primary areas: Fund Usage Disclosure & Reporting, Sponsorships, and Community Assistance Funding. Each of these components was carefully reviewed to strengthen accountability measures, enhance transparency, and ensure a more efficient and equitable allocation of City funds. The Committee has
Council Agenda- May 15, 2025
reviewed the policy language and now presents the following amendments for Council consideration.
Fund Usage Disclosure & Reporting
To promote transparency and ensure proper use of City funds, all sponsorships or community assistance applicants must now provide a detailed funding proposal. This proposal must include a project description, itemized budget, project timeline, and measurable objectives.
Upon completion of the funded project or program, recipients will be required to submit a comprehensive expenditure report within 90 days. This report must outline how funds were utilized, detail actual expenditures, describe achieved outcomes, and identify any implementation challenges.
To uphold the integrity of the funding process, non-compliance with these requirements may result in disqualification from future funding opportunities, potential repayment of misused funds, and/or further actions as determined by the City Council.
Sponsorships
The revised policy categorizes sponsorships as strategic partnerships in which the City provides funding in exchange for defined promotional or financial benefits. These are now evaluated under two categories:
• ROI-Driven Sponsorships: Assessed based on measurable financial returns. • Marketing and Branding Exposure Sponsorships: Focused on advancing the City's visibility and strategic communication goals.
Sponsorships under $5,000 are explicitly excluded from these policy requirements. Typical exclusions include City participation in luncheons, regional events such as economic summits, or support for non-profit fundraising efforts where the City's financial contribution is nominal, and the promotional benefit is minimal.
Community Assistance Funding
To improve fiscal transparency, unspent community assistance funds will now be carried over into the following fiscal year. The Finance Director will provide a report on these balances during the City's annual budget process. Additionally, a dedicated line item has been incorporated into the City budget to reflect community assistance expenditures more clearly.
Council Agenda- May 15, 2025
For funding requests exceeding $200,000, a Council -appointed ad hoc committee will review proposals and make formal recommendations to the full Council. To preserve public trust and promote civic engagement, the City will retain complete oversight and control of all community outreach efforts related to these funding requests. This includes —but is not limited to —the planning, messaging, and distribution of all public - facing communications. Applicants shall not independently initiate or release public information regarding their proposal without City approval.
OPTIONS:
The City Council has the following options available:
1. Adopt the Finance Committee's recommendations.
2. Maintain the current policy without changes.
3. Explore and consider alternative approaches or policy directions.
FISCAL IMPACT:
The proposed Sponsorship and Community Assistance Funding Policy amendments do not directly impact the City's finances. These changes solely establish or modify applicant requirements without altering City expenditures.
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. Sponsorship and Community Assistance Funding Policy
Council Agenda- May 15, 2025
ATTACHMENT #1
City of Indian Wells
Sponsorship and Community
Assistance Funding Policy
Adopted ❑ ❑, 2025
Council Agenda- May 15, 2025
City of Indian Wells
Table of Contents
Purpose of the Policy 3
Fund Usage Disclosure and Reporting Requirements 3
City Sponsorship Funding Policy 4
Community Assistance Funding Policy 5
Policy on Community Assistance Funding Requests Exceeding $200,000 7
Council Agenda- May 15, 2025
City of Indian Wells
Purpose of this Policy
The Policy aims to establish annual procedures and approvals associated with funding sponsorships and community assistance expenditures. For this policy, the City defines sponsorships and community assistance as distinguished primarily by their underlying objectives and structural frameworks.
Sponsorships: Sponsorships represent strategic partnerships in which the City provides financial support, resources, or services in exchange for promotional benefits, brand visibility, or other measurable returns.
• Sponsorships are evaluated based on their potential to generate a clear and measurable financial return for the City. These sponsorships are assessed on their ability to create a return on investment (ROI), or;
• Evaluated based on their potential to generate enhanced city branding or strengthened community engagement. These sponsorships aim to improve the City's visibility and enhance its brand identity where a measurable ROI is not the primary focus or is difficult to calculate.
• Specifically excluded from this policy are sponsorships below $5,000, such as sponsored luncheons, or other events to financially support non -profits or other governmental organizations. More common examples include purchasing a table for an awards or recognition luncheon, participating in a valley event such as the economic summit, or sponsorship level support of a non-profit event such as a fundraiser.
Community Assistance: Community assistance is characterized by a focus on social impact rather than financial gain. This form of engagement can originate from non-profit organizations, mission -driven entities dedicated to addressing societal needs, such as providing food security, housing, or educational resources, and for-profit organizations participating in corporate social responsibility (CSR) initiatives.
Fund Usage Disclosure and Reporting Requirements
Purpose: To ensure transparency and accountability in the allocation and use of City funds, all recipients of City financial support, including sponsorships and community assistance, must adhere to the following requirements.
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City of Indian Wells
Fund Usage Disclosure: All applicants for City funding must provide a detailed statement outlining the intended use of the funds. This statement must include:
• A clear description of the funded project, program, initiative, and timeline. • A breakdown of anticipated expenditures, including specific budget categories (e.g., materials, staffing, marketing).
• Measurable objectives and expected outcomes.
Reporting Requirements: Recipients of City funds are required to submit a comprehensive report to the City within 90 days of the completion of the funded activity.
This report must include:
• A summary of how the funds were used, referring to the original proposed budget. • Documentation of actual expenditures (e.g., receipts, invoices). • An evaluation of outcomes achieved in relation to the objectives stated in the application.
• Any unforeseen challenges or deviations from the initial plan, with explanations.
Compliance and Accountability: Failure to submit the required report or misuse of funds may result in:
• Ineligibility for future City funding.
• Requirement to return unspent or misused funds.
• Additional actions as deemed appropriate by the City Council.
Review and Enforcement: The City will review all submitted reports to ensure compliance. Random audits may be conducted to verify the accuracy of reported expenditures. This reporting requirement aims to foster responsible use of public funds and maintain trust between the City and its community partners.
Approval Process
Purpose: This section outlines the procedures for approval of allocations to ensure responsible financial management and alignment with the City's strategic priorities.
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Proposal Submission: Applicants seeking City funds must submit a formal proposal.
Each proposal must include:
• A detailed justification for the requested funds, highlighting the alignment with City objectives.
• A breakdown of projected expenditures by category.
• Projected return on investment (ROI) requirements, when applicable. • Projected outcomes and benefits for the community.
• A timeline for fund utilization.
Review and Approval Process: The Grants in Aid Committee will review and evaluate all proposals submitted under the Grants in Aid Program. The Finance Committee will review proposals related to sponsorships and community assistance that fall outside the scope of the Grants in Aid Program. Both committees will present their recommendations to the City Council for consideration at a scheduled public meeting. Final approval is subject to a majority vote by the City Council.
Decisions will be based on:
• Evaluation of financial feasibility and cost-effectiveness. • Assessment of alignment with City priorities and strategic plans. • Consideration of previous funding history and compliance with past reporting requirements.
• Available resources.
• The proposal's anticipated impact on the community.
• Compliance with applicable City policies and legal requirements.
City Sponsorship Funding Policy
The City's sponsorship funding program is designed to support initiatives that align with municipal priorities while delivering measurable benefits to the community. While Sponsorship can overlap in value to the City, they generally fall into two funding categories:
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City of Indian Wells
Return on Investment (ROI)-Driven Sponsorships: These sponsorships are evaluated based on their potential to generate a clear and measurable financial return for the City. Applicants must demonstrate the expected economic impact, such as increased tourism, business activity, or direct revenue generation. Proposals should include data projections, performance metrics, and a post -event evaluation plan to assess the realized ROI.
Marketing and Branding Exposure Sponsorships: These sponsorships are evaluated based on their ability to enhance the City's brand recognition and overall visibility. While a measurable return on investment (ROI) may not be the primary objective or challenging to quantify, these sponsorships must demonstrably align with the City's strategic marketing initiatives and brand identity framework to ensure consistency with municipal goals and priorities.
General Requirements: All sponsorship funding requests must:
• Clearly define the intended benefits to the City.
• Include a detailed budget and funding allocation plan. • Provide measurable outcomes to evaluate the effectiveness of the sponsorship.
Community Assistance Funding Policy
The City defines Community Assistance Funding as discretionary expenditures the City Council allocates annually to eligible non-profit organizations within the Coachella Valley.
These organizations must provide essential services that the City does not otherwise offer.
Funding Allocation Methodology
• The annual community assistance funding budget shall be determined by calculating twenty-five percent (25%) of the preceding fiscal year's Genera/ Fund Net Change in Fund Balance (post -capital contributions). This calculation shall be based on year-end estimates established during the final quarter of each fiscal year.
• The maximum allocation shall not exceed $200,000 per fiscal year.
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Allocation Structure
The total annual funding shall be divided into two distinct pools:
• Grants -in -Aid Program: Allocated 80% of the total available funds. • Discretionary Fund: Allocated 20% of the total available funds, to be disbursed solely at the discretion of the City Council.
Financial Compliance Requirements
• Community assistance funding is contingent upon the City's ability to meet its financial obligations under the current Genera/ Fund Cash Flow Plan, as approved and amended by the Finance Committee and consistent with the City's adopted Annual Budget.
• If available funds are insufficient, community assistance funding will be reduced or suspended until all financial requirements are satisfied.
Budget Roll Forward Policy
• The Finance Director shall carry forward any unexpended funds from either funding pool prior to the fiscal year's close and report those unexpended funds to the Finance Committee during the annual budget period.
• Rolled forward funds shall be incorporated into the subsequent fiscal year's budget and remain available for expenditure.
• These funds shall be maintained separately from the annual calculation of the Community Assistance Funding Program and will not affect the determination of new funding allocations.
Policy on Community Assistance Funding Requests Exceeding $200,000 Funding requests submitted to the City for amounts exceeding $200,000 shall be evaluated independently of the general policy requirements and will be subject to the following criteria prior to City Council approval:
• Application Submission: Applicants must provide all necessary documentation in accordance with the Community Assistance Grant Program Requirements. With each application, a Council -appointed Committee will be selected to review the funding proposal and present its recommendations to the City Council. • Council Review: A staff report summarizing the Committee's recommendations shall be prepared and included on the City Council agenda for formal consideration.
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City of Indian Wells
• Applicant Presentation: The applicant will be afforded the opportunity to present their proposal directly to the City Council during the scheduled agenda item.
• Council Decision and Community Involvement: If the City Council, by majority vote, approves the advancement of the funding request, the applicant will be required to incorporate a Community Involvement component into the funded initiative.
To ensure maximum transparency, maintain public trust, and foster meaningful resident participation, the City of Indian Wells shall retain full oversight, direction, and control over all aspects of the community engagement process related to any request for City funding.
This includes, but is not limited to, the planning, approval, execution, and distribution of all public communications and outreach efforts. Under no circumstances shall the applicant independently conduct or disseminate any information to the public regarding the proposed funding request.
All costs associated with the community engagement process shall be borne solely by the applicant, but the City will produce, approve, and distribute all materials and manage all engagement activities directly. This process is intended to:
• Solicit meaningful resident feedback
• Inform the public of the potential financial impact of the proposed request • Ensure that the City Council has considered the views of the community before making a funding decision
Community engagement shall include, at a minimum, the following City -led components.
Each step must be completed under the City's direct supervision and reviewed before any final funding decision by the City Council:
• Public Meeting Requirement: The City shall organize and host at least one public meeting for the purpose of presenting the funding proposal and allowing for resident questions and comments. The applicant is required to attend this meeting but shall not present independently. All presentation materials, talking points, and responses to inquiries shall be developed or approved by City staff in advance.
This meeting must occur prior to any final City Council decision. • Resident Notification: The City shall prepare and mail a written notification to all Indian Wells households via the U.S. Postal Service. This notification will include a summary of the funding request, information on potential fiscal implications, and details about opportunities for public input. While the applicant shall be responsible Page I 8
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for all mailing expenses, only the City may draft, approve, and distribute this communication.
• Community Feedback Collection: To expand opportunities for public participation, the City Council may choose, at its option, to conduct a community - wide survey. This may take the form of mailed questionnaires or a secure, cloud - based civic engagement platform. The City will design and administer the survey and retain complete control over its content, timeline, and distribution. The applicant shall cover all related costs. City staff will compile a summary report of the survey findings and present it to the City Council prior to a final funding decision.
• Final Public Deliberation: Once all community engagement activities have been completed and resident feedback has been compiled and reviewed, the City Council shall conduct a final public deliberation during a regularly scheduled Council meeting. At this time, the Council will consider all community input and staff analysis before making a decision on the proposed funding request.
Council Agenda- May 15, 2025
INDIAN WELLS CITY COUNCIL
May 15, 2025
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Amendments to the Fiscal Procedures Manual — Request For Proposal Cycle and Claims Management
RECOMMENDED ACTIONS:
Council DISCUSSES Amendments to the City's Fiscal Procedures Manual; and ADOPTS Resolution Amending the City of Indian Wells Fiscal Policies and Procedures Manual as presented, and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
DISCUSSION:
At its February 2025 meeting, the City Council directed the Finance Committee to evaluate potential amendments to the City's Fiscal Procedures Manual. This directive encompassed two areas of review: the duration of the Request for Proposal (RFP) cycle for specific categories of professional service agreements, and the internal processes governing the management of claims that fall outside the jurisdiction of the California Joint Powers Insurance Authority (CJPIA). This review aims to ensure that the City's financial policies remain current, transparent, and aligned with sound procurement and risk management practices.
Findings and Recommendations:
Following a comprehensive evaluation, the Finance Committee recommends that the City Council consider several policy amendments to enhance fiscal oversight, improve administrative efficiency, and reinforce procurement and claims management accountability.
Council Agenda- May 15, 2025
1. Contract Terms for Professional Services
The Finance Committee recommends retaining the existing maximum contract term of five years for all City professional service agreements. However, in recognition of the unique nature and operational demands of certain services, the Committee recommends applying revised contract cycle standards to the following categories:
• legal services,
• audit services,
• public relations services,
• legislative services,
• landscaping services,
• and Golf Resort and Housing management services.
For these service categories, the Committee recommends establishing a standard contract term of three years, followed by a competitive RFP process, in cases where continued service is deemed beneficial to the City, up to three one-year extensions may be authorized.
These extensions would be at the City's sole discretion and must be approved by a majority vote of the City Council in a public meeting. Each extension request must be accompanied by a Staff Report that includes an objective, data -driven evaluation of the vendor's performance for Council consideration.
The Committee also recommends prohibiting automatic contract renewals to reinforce accountability and promote fiscal discipline. Unless formally reviewed and renewed by Council action, agreements shall conclude at the end of their defined term.
2. Management of City Claims Outside CJPIA Coverage
Under the Government Claims Act, most monetary claims against the City must be submitted through a formal administrative process and are typically managed by the CJPIA, which evaluates the claim, determines coverage, and engages defense counsel when appropriate. However, in cases where claims fall outside the scope of CJPIA coverage, the City is responsible for managing the claims internally.
To improve efficiency and reduce administrative burdens associated with the resolution of lower -value claims, the Finance Committee recommends delegating authority to the City Manager to manage and resolve claims valued at less than $25,000. This delegation would include the authority to assess the sufficiency of claims and determine whether to approve, reject, or settle them. By enabling the City Manager to resolve these matters administratively, the City can expedite claim processing timelines and allow the City Council to focus on higher -level policy matters. As part of the policy, the
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City Manager is responsible for informing the City Council of any claims resolved by the City Manager.
OPTIONS:
The City Council has the following options available:
1. Adopt the Finance Committee's recommendations.
2. Maintain the current policy without changes.
3. Explore and consider alternative approaches or policy directions.
FISCAL IMPACT:
The immediate fiscal impact of the proposed amendments is not fully quantified at this time. Changes are intended to establish a structure that supports periodic market testing and promotes competitive pricing through a three-year contract term with limited extension provisions. This approach may result in increased staff time related to RFP issuance. Additionally, delegating authority to the City Manager to resolve lower - value claims may streamline administrative processes and improve efficiency.
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. Draft Fiscal Policies and Procedures Manual
Council Agenda- May 15, 2025
ATTACHMENT #1
INDIAN WELLS
CALI FORNIA
Fiscal Policies and Procedures
Manual
Adopted by Council — XX
Council Agenda- May 15, 2025
Fiscal Policies & Procedures Manual
Table of Contents
Purpose 1
Adoption of the Budget 2
Expenditure of Funds 2
Budget Adjustment Procedures 3
Purchasing Procedures 3
Procurement Methods 10
Invoices 15
State of California, Riverside County, or Public Agency Purchasing Program 16 Management Agreements 16
Fire Access Maintenance District No. 1 16
City Credit Card Purchases 16
Capital Assets Policy and Procedures 20
Reimbursement Policy and Procedures 21
Federal Funded Procurements 26
Cash Receipts 40
Billing for Services 41
Refundable Deposits 41
Claims and Demands Upon the City 41
Adopted by Council — XX
Council Agenda- May 15, 2025
City of Indian Wells
Fiscal Policies and Procedures Manual
City of Indian Wells
Fiscal Policies and Procedures Manual
1. Purpose
The goal of the Finance Department is to receive the maximum value for the taxpayer's dollar by obtaining goods and services at the best possible price and quality. Therefore, proper purchasing is required when using Public Funds to acquire supplies, materials, equipment, construction, and professional services for the City. The goals and objectives of this Manual are:
• To ensure compliance with all current laws and regulations • To promote transparency of the City's procurement activities • To establish standardized cost-effective purchasing methods • To ensure continuity of City operations
• To facilitate fair, competitive processes
• To maintain integrity and fairness
• To support the City's mission and serve the public's best interest.
The policies and procedures outlined in this Manual shall apply to the City of Indian Wells and its component units. The Fiscal Policy and Procedures Manual (the Manual) assists with compliance with requirements and administrative procedures. The Manual documents policies and procedures related to budgeting, cash receipts, expenditures, disbursements, purchasing, contracts, and financial reporting.
City funds are entrusted to the City Manager and Department Heads. The City Manager and Department Heads are responsible for the expenditure of public monies following the Indian Wells Municipal Code. The City Manager and Department Heads make decisions and exercise authority relative to the expenditure of funds within the Department's appropriation(s) and legal function. This Manual assists City employees and officials in complying with laws, policies, and procedures that apply to the fiscal administration of City departments.
This Manual standardizes accounting and financial policies and procedures. The City Council has approved this Manual to establish rules and regulations governing the performance of accounting and financial functions.
The Manual guides elected and appointed officials on the use and expenditure of City funds and resources and the standards against which those expenditures will be measured. It is the intent that this Manual will fully satisfy the requirements of 1
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Government Code sections 53232.2 and 53233.3. As used in this Manual, elected and appointed officials apply to members of the City Council, Planning Commission, standing committees, and all other legislative bodies as defined in Government Code section 54952.
Revisions to the Manual may occur from time to time. Administrative changes clarifying procedures are performed by staff. Substantive changes to the policy are presented to the City's Finance Committee for review and discussion before seeking final approval from the City Council. The Manual can be accessed from the City's website at www.cityofindianwells.org .
2. Adoption of the Budget
The City Council formally adopts a biennial operating and capital budget (the "Budget").
When the City Council adopts the Budget, they appropriate the funds necessary to pay for expected City expenditures for each fiscal year. An appropriation is an authorization to incur obligations on behalf of the City. This authorization allows for the expense of City funds to pay those obligations. Authorized obligations are limited to the current operational year of the Budget.
3. Expenditure of Funds
The adopted Budget serves as the foundational document for the classification, allocation, and expenditure of City funds. Upon adoption, the City Manager is authorized to incur obligations and authorize expenditures within the scope of the approved Budget. These expenditures encompass the procurement of goods, services, and public projects required by the City. All spending within a specific fund or capital project must adhere to the limits set forth in the adopted Budget. No expenditures shall be approved for any account where the deficit exceeds the available balance allocated to the program.
Budgeted expenditure approvals are subject to the following authority thresholds:
• Department Head or Authorized Designee: Up to $5,000
• Finance Director: $5,001 to $25,000
• City Manager: Over $25,000
Furthermore, the City Council authorizes the City Manager to approve expenditures up to $25,000 for items not specifically accounted for within the adopted Budget. However, the City Manager is prohibited from authorizing any spending beyond the appropriated Budget. Except as provided in the emergency procedures section of this policy, any 2
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supplemental appropriations exceeding the adopted Budget must receive prior approval from the City Council.
4. Budget Adjustment Procedures
It is sometimes necessary to amend the Budget to provide additional appropriations or fund transfers.
Supplemental Appropriations
Supplemental appropriations provide additional spending authority to meet unexpected costs that impact operations or capital projects. City Council approval is required for all supplemental appropriations. Therefore, Department Heads must submit supplemental appropriations to the City Council for approval. Staff Reports shall include the appropriation amount, the funding source, and the purpose.
Budget Adjustments
Budget adjustments involve reallocating funds from one expenditure account to another within the same fund. Budget adjustments do not change the overall Budget within the fund or capital project. Departments initiate Budget adjustments in Munis and go through the workflow approval process. The Finance Director and Department Head approve Budget adjustments within a fund.
5. Purchasing Procedures
Purchasing procedures provide a process for purchasing goods, public projects, and services used to operate City programs. These procedures establish a system of financial controls. Departments review and manage budgets, expenditures, purchase orders, and other accounting data. The Department Head or designee authorized by the City Manager may purchase or contract for any goods, public projects, and services under the provisions of this Manual.
Definitions
For this Manual, the following words and terms shall be construed with the following definitions:
A. "Contractual services" means the furnishing of labor, time, or effort by a contractor for non-professional services as the City may, from time to time, find necessary and proper for the functioning of the City. Examples include but are not limited to 3
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janitorial, uniform cleaning, or other services which do not require any unique skill, particular background, or training.
B. "Goods" means any supplies, materials, articles, things, or property other than real property furnished to be used by the City.
C. "Maintenance services" means:
1. Routine, recurring, and usual work to preserve or protect a publicly owned or operated facility for intended purposes.
2. Minor repainting.
3. Resurfacing streets and highways at less than one inch; or
4. Landscape maintenance includes mowing, watering, trimming, pruning, planting, replacing plants, and servicing irrigation and sprinkler systems.
D. "Professional services" means services provided by a person, company, corporation, or firm engaged in a profession based on a generally recognized special knowledge, skill, license, and certification to perform the work including, but not limited to, the professions of accountant, attorney, artist, architect, landscape architect, construction manager, engineer, environmental consultant, dentist, physician, training or educational consultant, or land surveyor, and whose services are considered distinct and unique.
E. "Public project" means construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
F. "Services" means contractual, maintenance, or professional services.
Use of Contracts and Contract Requirements
City contracts are required to purchase all services and public projects provided to the City. The City uses contract templates provided by the City Attorney's office. Contract templates are updated from time to time by the City Attorney's office based on changes in law or needs of the City.
Need for Contracts: Signing a contract indicates that all parties involved have read and agreed to the terms stipulated. The purpose of a contract is to clearly outline the terms of an agreement, including each party's obligations, the parameters for the provided service (such as performance, delivery, and cost), and payment terms. Departments shall collaborate with vendors to ensure insurance and indemnification requirements 4
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are met prior to executing contracts and engaging in work. Ensuring that these aspects of doing business are laid out and clearly defined before entering a working relationship minimizes liability and reduces the potential for confusion or unmet expectations.
All purchases or engagements for services and public projects shall be made with a fully executed contract and associated documentation, including insurance and indemnification requirements. This requirement applies to existing contracts that lapse or expire.
City contracts, including appropriate insurance and indemnification documents, are required for all purchases and public project construction projects and are subject to the approval of the City Clerk prior to the engagement of services. After selecting the contractor, the Department will submit the contract, insurance, and other required documentation to the City Clerk per the City's contract processing guidelines.
Once the City Clerk approves the contract, the contract record is entered into Munis with all supporting attachments. The Department may now submit a requisition through Munis workflow.
Departments are responsible for managing their City contracts. Department Heads and employees may be held fully liable for all purchases or expenses involved contrary to the provisions provided and may be subject to disciplinary action. The Finance Director shall be made aware of such purchases and report problems to the Department Head or City Manager, as appropriate.
Contracts may not extend beyond five (5) years from the original contract date unless otherwise specified herein. Once the contract has come to term, and the City requires continued services, the staff must follow this Manual's procedures in soliciting vendors for a new contract. Existing service providers are eligible to participate in the solicitation and compete with other qualified vendors for the new contract. The City may consider the experience and performance of such providers in determining the best -qualified vendor.
Contracts for certain professional services shall not extend beyond a period of three (3; years from the original contract date, unless otherwise specified herein. Professional services contracts that are subject to this three-year limitation include contracts for the following categories:
• Legal services
• Audit services
• Public relations services
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• Legislative services
• Landscaping services
• Housing and Golf Management services
Upon expiration of the initial three (3) year term, the City, in its sole and absolute discretion, may permit up to three (3) one-year extensions. Each extension must be approved by a majority vote of the City Council in a public meeting. These extension requests may be placed on the consent calendar for the meeting. Any staff report accompanying a request for a contract extension shall, as part of its report, evaluate vendor performance supported by objective, data -driven metrics, for City Council consideration.
At no point shall contracts for the abovementioned professional services contain automatic extensions or automatic renewal language. All contracts must conclude at the end of their defined term, unless otherwise specified herein.
In extremely limited circumstances, the use of outside contracts may be considered with the prior written approval of the City Manager. The City Attorney and the California Joint Powers Association must approve all outside contracts, which must also include the formation of and an agreement to require insurance and indemnification coverages.
Clarification on the use of Contracts specifically for Memberships, Sponsorships, Luncheons, and other Events
As defined above, the purpose of a contract is to clearly outline the terms of an agreement, including each party's obligations, the parameters for the provided service (such as performance, delivery, and cost), and payment terms. In certain instances, the City wishes to provide funding in which the obligations and parameters typically listed in a contract are not desired or necessary.
As established by this Section, the following are exempt from this use of contracts provision.
• Basic membership fees in City -supported organizations exclude contract parameters or obligations listed above. While membership is beneficial, membership usually does not include performance measures or obligations requiring a contract.
• Participation in specific sponsorships, luncheons, or other events to financially support non -profits or other governmental organizations. 6
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o Such participation in specific sponsorships, luncheons, or other events is to provide financial support only. In that case, sponsorships, luncheons, or other events are exempt from this use of contract provisions. ■ More common examples include purchasing a table for an awards or recognition luncheon, participating in a valley event such as the economic summit, or sponsorship level support of a non-profit event such as a fundraiser.
This exemption provision requires a conservative interpretation consistent with this policy. Sponsorships and events requiring specific parameters or establishing clear party obligations require a City agreement with the Use of Contracts and Contract Requirements section. Department heads are held accountable for differentiating which sponsorships and events provide financial support (without a contract) and those that require specific parameters and establish clear party obligations (contract required).
Purchasing Categories
The City classifies purchases into four (4) purchasing categories. These categories are based on the dollar amount and type of purchase. Each category establishes a separate purchasing limit, authorization level, and procedure. City contracts and appropriate insurance documents are required for every Purchase Category except (A) Petty Cash Purchases and (B) Goods Purchases.
Category Limitation
A. Petty Cash Purchase $150 or Tess
B. Goods Purchases Over $1
C. Public Project Construction Contracts Over $1
D. Services Over $1
(Contractual/Maintenance/Professional)
A. Petty Cash Purchases
Petty cash funds provide advances or reimbursements to City employees for the direct and immediate purchase of goods and services necessary for City operations. Purchases or advances are limited to $150.00 per transaction. A petty cash request form must be 7
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completed by the employee requesting petty cash and be approved by a Department Head or designee.
Advances from petty cash must be reconciled and returned to the Finance Department within two (2) days from the date of issuance. A receipt must support all expenditures.
Receipts for food & beverages must include the names and affiliations of all participants.
If no receipt is provided, the Finance Department requires a statement listing the expenditure(s) signed by the employee and Department Head.
B. Goods Purchases
The purchases of goods do not require the use of a City contract; however, staff should apply "best practices" while purchasing goods to determine whether, in limited circumstances, the use of a City contract for the purchase of goods would be beneficial.
The total estimated cost of goods determines the bidding procedures and procurement methods that must be followed, as described below:
• $5,000 or less: No bidding is required for goods purchases of $5,000 or less. After selecting a qualified vendor, the Department Head may negotiate an acceptable price.
• $5,001 to $25,000: For goods purchases of $5,001 to $25,000, staff will solicit and document price quotes through the Informal Quote Procedures. After selecting a qualified vendor, the Department Head may negotiate an acceptable price. • Over $25,000: For goods purchases over $25,000, staff will solicit vendors through the Formal Bid Procedures or RFP Procedures.
This Manual describes the Informal Quote Process, Formal Bid Procedures, or RFP Procedures under Section 6, Procurement Methods.
All invoices for such purchases should be authorized and documented. In addition, departments must ensure the availability of budgeted funds before making any approved goods purchases.
C. Public Project Construction Contracts
The total estimated cost of a public project determines the bidding procedures and procurement methods that must be followed, as described below:
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• $5,000 or Tess: No bidding is required for contracts of $5,000 or less. After selecting a qualified contractor, the Department Head may negotiate a fair contract. • $5,001 to $60,000: For contracts of $5,001 to $60,000, staff will solicit and document price quotes through the Informal Quote Procedures. After selecting a qualified contractor, the Department Head may negotiate a fair contract. • $60,001 to $200,000: For contracts of $60,001 to $200,000, staff will solicit contractors through the Informal Bid Procedures or RFP Procedures. • Over $200,000: For contracts over $200,000, staff will solicit contractors through the Formal Bid Procedures or RFP Procedures.
The Informal Quote Procedures, Informal Bid Procedures, Formal Bid Procedures, and RFP Procedures are described under Section 6 Procurement Methods in this Manual.
City contracts, including appropriate insurance and indemnification documents, are required for all public project construction contracts and are subject to the approval of the City Clerk prior to the engagement of services. After selecting the contractor, the Department will submit the contract, insurance, and other required documentation to the City Clerk per the City's contract processing guidelines.
Once the City Clerk approves the contract, the contract record is entered into Munis with all supporting attachments. The Department may now submit a requisition through Munis workflow. Finance will review the contract record for compliance.
D. Services (Contractual, Maintenance, and Professional Services) The total estimated cost of service determines the bidding procedures and procurement methods that must be followed, as described below:
• $5,000 or less: No bidding is required for contracts up to $5,000. After selecting a qualified vendor, the Department Head may negotiate a fair contract. • $5,001 to $25,000: For contracts over $5,000 and up to $25,000, staff will solicit and document price quotes through the Informal Quote Procedures. After selecting a qualified vendor, the Department Head may negotiate a fair contract. • Over $25,000: For contracts over $25,000, staff will solicit proposals through the RFP Procedures. After selecting a qualified vendor, the Department Head may negotiate a fair contract.
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This Manual describes the Informal Quote Process and RFP Procedures under Section 6, Procurement Methods.
City contracts, including appropriate insurance and indemnification documents, are required for all services and are subject to the City Clerk's approval prior to the services' engagement. After selecting the contractor, the Department will submit the contract, insurance, and other required documentation to the City Clerk per the City's contract processing guidelines.
Once the City Clerk approves the contract, the contract record is entered into Munis with all supporting attachments. The Department may now submit a requisition through Munis workflow. Finance will review the contract record for compliance.
6. Procurement Methods
All goods, public projects, and services purchased for the City shall conform to the following procurement methods.
A. Informal Quote Procedures
• Soliciting Quotes or Proposals. City staff shall solicit via the posted notice, telephone request, mail, email, fax, or any other reasonable solicitation method, price quotes, or proposals documented in writing. It shall be attached to the City Contract as backup and support. If unable to obtain a minimum of three (3) price quotes, staff shall document those reasonable efforts were made to obtain price quotes or proposals.
• Award of Contract. The award shall be made to the vendor offering the best value to the City at the City's sole and absolute discretion. Contracts acquiring professional services shall be awarded to the best -qualified vendor based on demonstrated competence and professional qualifications and at fair and reasonable prices to the City.
B. Request for Proposals Procedures
A Request for Proposal (RFP) is an invitation for selected providers of goods, public projects, or services to submit pricing, qualifications, and other proposals for the opportunity to supply that good, public project, or service to the City or its entities. The following minimum guidelines and procedures shall be implemented:
• Notice Inviting RFPs. At a minimum, the notice inviting RFPs shall: (1) describe the project; (2) state how to obtain more detailed information about the project; 10
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(3) state the date, time, and place for the submission of proposals; (4) describe general parameters for evaluation and selection; (5) provide City contract, insurance, and indemnification requirements, and (6) include any other information required by state or local law.
• Review of Qualifications or Proposals. Proposals shall be evaluated based on the evaluation and selection criteria established by the City. • Award. Contracts for acquiring professional services shall be awarded to the best - qualified vendor based on demonstrated competence and professional qualifications and at fair and reasonable prices to the City. Award for other contracts shall be to the vendor offering the best value to the City at the City's sole and absolute discretion.
C. Informal Bid Procedures
The following minimum guidelines and procedures shall be implemented:
• Notice. A notice inviting informal bids shall be mailed to selected contractors for the category of work to be bid (as shown on the Contractors List) and to construction trade journals as specified by Public Works a minimum of ten (10) calendar days before bids or proposals are due.
• Contractors List. The Public Works Department shall maintain a list of licensed contractors (Contractors List) to utilize the informal bidding procedures. The City may notify additional contractors and construction trade journals at its discretion, provided, however, that:
• If there is no list of qualified contractors maintained by the City for the category of work to be performed, the notice inviting bids shall be sent to the construction trade journals and other resources specified by the Public Works Director.
• If the product or service is proprietary, it can be obtained only from a specific contractor. The notice inviting informal bids may be sent exclusively to the contractor.
D. Formal Bid Procedures
Notice. Notices inviting formal bids are published a minimum of fourteen (14) calendar days before the bid opening on the Internet and sent to construction trade journals and potential bidders. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and describe the procurement along with any other information required by state or local law.
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Bid Documents. The bid documents will adequately and accurately describe the items purchased and include necessary specifications. Bidders should be advised of the bidder's security, performance, payment bonds, insurance, indemnification, contract requirements, affirmative action, minority business enterprise requirements, and other requirements as applicable.
Bid Opening. Sealed bids shall be submitted to the City and identified with the bid number on the envelope. Upon receipt, the City Clerk shall date and time stamp the envelope. Bids shall be opened in public at the time and place stated in the public notices.
No Bids. If no bids are received, the City may have the contract procured in any manner allowed by this Manual without further complying with the Formal Bid Procedures.
Review of Bids. Staff will review all bids received for completeness, accuracy, responsiveness to the invitation and bid documents, and the City's experience with or knowledge of the qualification and reliability of each bidder and prepare a recommendation for the City Manager.
Rejection of Bids. The City Manager may, in their sole and absolute discretion, reject any one or more items of a bid, reject all bids, or waive any irregularities or informalities in the bids or bidding process if deemed to best serve the interests of the City.
Award of Contract. The contract shall be awarded to the lowest responsible bidder submitting a responsive bid or the bidder offering the best value to the City unless otherwise required by law.
E. Exceptions to Procurement Methods
This Section contains exceptions to the City's procurement methods. Although exempt from procurement methods, services, and public projects under these circumstances are not exempt from the contract, insurance, and indemnification requirements. The City may determine that using an exception is more beneficial.
• Sole Source. Sole source acquisition of brand name, specialized, or compatible products and furnishings to assure compatibility with other City products and equipment.
• Disaster Relief. In the case of a disaster, as further explained in Chapter 2.32 of the City's Municipal Code, the requirements of this Section do not apply. 12
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• Emergency Purchases. An emergency purchase may be made when there is an immediate need to acquire goods, public projects, or services. For purchasing purposes, an emergency is one in which there is a direct threat to life or property or a substantial disruption of a vital public service. The crisis must be of such a nature that the Department Head and the City Manager would be contacted to advise them of the situation, regardless of when they occur. Such emergency action shall be reported to the City Manager within 24 hours. Emergency purchases of $50,000 or less must be pre -approved verbally by the appropriate Department Head. An emergency purchase over $50,000 must be pre -approved verbally by the City Manager.
• Best Interest of City. Limited only to City Manager approval. Except where otherwise prohibited by law, when the City Manager authorizes the award for public projects, services, and goods, without following the required procurement methods, provided that the City Manager finds that such award is in the best interest of the City or of the public health, safety, and welfare. For example, when the City Manager determines that a competitive market does not exist for a public project, service, or good, the City will not obtain a competitive advantage by using the required procurement method. This exception shall not be used to circumvent a method of procurement needed without a finding in writing by the City Manager that the required procurement method cannot be followed or is unavailing to the City.
• Piggybacking. Departments may engage in piggybacking if deemed advantageous to the City and compliant with State and local law. Piggybacking is procuring goods, public projects, or services without following bid procedures by utilizing another public entity's award of a contract. The City permits the piggyback of contracts awarded by, among others, the State of California, local and state government agencies, and joint powers agencies. Written approval by the City Manager is required for piggybacking.
• Recurring Purchases. The City may create an open vendor list to provide services and goods as needed or if needed. Examples of as -needed or if -needed services and goods include but are not limited to auto repair and maintenance, repair parts, minor maintenance and repair of City facilities, and other routine services and goods that do not lend themselves to being procured through a competitive bid or RFP process. When establishing the vendor list, each vendor's prices shall be obtained to ensure competitive pricing in the City's best interest. • Otherwise Authorized By Law. The City may utilize alternative delivery methods that are otherwise available under the law. Examples of alternative delivery methods include but are not limited to, energy conservation projects 13
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(Government Code sections 4217.10, et seq.) and public -private partnerships (Government Code sections 5956, et seq.).
F. Requestions and Purchase Orders
The City recognizes using requisitions and purchase orders to encumber budgeted funds during the year as a budget and fiscal management tool. Therefore, the encumbrance of annual or multi -payment contracts is required.
G. Purchase Order Exemptions
The following disbursements are exempt from Purchase Order requirements. • Disbursements for refundable deposits
• Disbursements to Public Agencies for which the City collects fees on behalf of the Agency (i.e., TUMF fees, MSHCP fees)
• Disbursements for payroll, payroll liabilities, and employee benefits. • Disbursements for refunds of City fees collected (i.e., Building & Planning fees) • Payments to fiscal agents
• Purchases considered one-time and timely, eliminating the encumbrance once paid, do not require Purchase Orders.
H. Change Orders
A change order is a request to increase or decrease a purchase order amount. The responsible Department will prepare a change order. Change orders will require the same approvals as were required for the original purchase order including, but not limited to, appropriations in the Budget for the change order. Unless otherwise authorized by the contract applicable to a changer order, an approved change order should be executed prior to the contractor or vendor performing work subject to the change order.
I. Protest Procedures
Right to Protest. Prior to City awarding a contract, any responsible bidder or proposer in connection with the procurement of the contract may protest the award. A 14
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subcontractor of a bidder or proposer may not submit a protest. This Section shall apply to all contracts awarded by the City Manager through a formal competitive process, including but not limited to formal bid procedures or RFP procedures. The protest procedures are solely to serve the public interest and obtain the finality of City contract awards.
Timing of Protest. The protest shall be submitted in writing within the following times:
• To protest another bidder's bid five (5) calendar days after the bid opening date. • If the City issues a notice of intent to reject a bid or any other determination of a bid, then the protest shall be submitted in writing within five (5) calendar days following the issuance of the notice and prior to the date of the contract award. • Untimely protests will not be considered and will be deemed waived.
Contents of Protest. The protest shall identify and explain the factual and legal grounds and include all relevant supporting documentation. Any grounds not raised in the written protest are deemed waived by the protesting bidder.
City Response. If the protest is timely and complies with the above requirements, the City shall review the protest, any response from the challenged bidder(s), and all other relevant information and provide a written decision to the protestor.
Effect of Failure to Comply with Protest Procedures. The procedures outlined in this Section are mandatory and are the sole and exclusive remedy of a bidder or proposer to dispute the award of a contract. A protest that does not comply with these procedures may be summarily rejected.
Conflicts. The protest procedure contained in this Section shall not apply if a particular procurement solicitation contains a different protest procedure.
7. Invoices
An invoice is required to pay all warrants and wires that the City of Indian Wells issues, except for petty cash disbursements and travel expense reimbursements, for which alternate paperwork is required.
All invoices received by the City shall be directed to the Finance Department for processing. The Finance Department will initiate invoice entry in Munis for each invoice the City receives. The invoice record will be distributed to the Department Head or designee via Munis workflow for review and approval. All invoices over $5,000 will be directed to the Finance Director via Munis workflow.
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Invoices are processed weekly, and warrants are generated every Friday. All invoices not approved through the workflow for any given week will be processed once full workflow approval has been received via Munis. Prompt approval of invoices by all City departments will enable the Finance Department to process payments on time and maintain the City's good credit standing.
8. State of California, Riverside County, or Public Agency Purchasing Program
The City is eligible to participate in any State of California, Riverside County, or other public Agency negotiated/cooperative purchasing program. Participation in these purchasing programs allows the City to receive the exact deep discount pricing for goods and services as the State of California, Riverside County, or other public agencies without requiring the expenditure of staff time and cost necessary to conduct a separate procurement process. Items purchased through these programs require specific program backup and will not require formal bidding or price quotes from multiple vendors.
9. Management Agreements
Purchasing requirements in this Manual shall not apply to any company or person for which the City has entered into a Management Agreement. Such management companies shall conform to the fiscal procedures established by their respective companies.
10. Fire Access Maintenance District No. 1
The Indian Wells Fire Access Maintenance District No. 1 (FAMD) shall conform to the terms and conditions in this Fiscal Procedures Manual.
11. City Credit Card Purchases
A. Purpose of City's Credit Card
These guidelines establish the City's basic policies and procedures for using credit cards.
The City credit card may be used when traveling on City business, attending conferences, official meetings, or training, and securing airline reservations and hotel accommodations.
City credit cards may also be used to purchase goods and services such as community 16