Indian Wells City Council
June 10, 2025

CITY COUNCIL
Revised Meeting Agenda
Tuesday, June 10, 2025
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Welcome to a meeting of the Indian Wells City Council.

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Notification: If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA) please contact the City Clerk at 760-346-2489, 48 hours prior to the meeting.

Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) during Council proceedings. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Pages

A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF

ALLEGIANCE AND ROLL CALL

MAYOR BRUCE WHITMAN

MAYOR PRO TEM DANA REED

COUNCIL MEMBER TOPER TAYLOR

COUNCIL MEMBER BRIAN PENNA

COUNCIL MEMBER GREG SANDERS
B. APPROVAL OF THE FINAL AGENDA
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Introduction of Special Enforcement Team Deputy Marco Castaneda C.2 Joslyn Senior Center Update by Executive Director Dr. Jay Seller C.3 Update on Expansion of Eisenhower Health Facilities D. PUBLIC COMMENTS
Members of the Public who wish to speak on consent items and items not listed on the agenda may do so at this time. Public Comments are limited to three minutes. Speakers will be alerted when their time is up.

Please note that while the City Council values your comments, the Council cannot respond nor take action on matters not listed on the agenda until the matter may appear on the forthcoming agenda.

E. CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief
announcements, informal comments, or brief the Council on items of interest.

F. CITY ATTORNEY REPORTS AND COMMENTS
G. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council request specific items be removed from the Consent Calendar for separate discussion and action.

G.1 Player’s Course Renovation Improvements 12
RECOMMENDED ACTIONS:

Council APPROVES the proposed enhancements to the Player’s Golf Course, including landscaping improvements and the relocation of the putting green; and
APPROVES the allocation of $400,000 from the existing Golf Course Renovation contingency fund to fund said improvements; and FINDS that the proposed enhancements are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.2 Resolution Establishing Appropriations Limitation for Fiscal Year 2025-26
14 RECOMMENDED ACTIONS:

Council ADOPTS Resolution establishing the Appropriations Limitation for fiscal year 2025-26; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.3 Indian Wells Celebrity Course Repairs to the Pump Vault and Water Feature at Hole #18
20 RECOMMENDED ACTIONS:

Council APPROVES Repairs to the Pump Vault and Water Feature at Hole #18 – Celebrity Course; and
APPROVES a Supplemental Appropriation of $160,000 from the Golf Resort Fund; and
FINDS that the proposed enhancements are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.4 Three-Year Sheriff Services Agreement with Riverside County Sheriff’s Department
22 RECOMMENDED ACTIONS:

Council APPROVES three-year Services Agreement with Riverside County Sheriff’s Department to provide municipal police protection and enforcement services for the City of Indian Wells from July 1, 2025, through June 30, 2028; and
AUTHORIZES and DIRECTS the City Manager to execute the Agreement and future renewals for the same, except when a change in service level is required; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

G.5 Memorandum of Understanding with Indian Wells City Employees Association and Resolution for Non-Represented City Employees 36 RECOMMENDED ACTIONS:

Council APPROVES the three-year Memorandum of Understanding (MOU) with Indian Wells City Employees Association (Association) effective July 1, 2025, through June 30, 2028; and
ADOPTS the six-year Resolution establishing the compensation and benefit plan for Non-Represented positions (Non-Represented) effective July 1, 2025, through June 30, 2031; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.6 Annual Appointments to the Various Commission,Committees, and Boards Vacancies
68 RECOMMENDED ACTIONS:

Council APPROVES the Council Ad Hoc Committee recommendations for a two-year term beginning on July 1, 2025, through June 30, 2027; and
APPOINTS Carina De Los Reyes, Dorothy Hamilton, and Kerri Sullivan on the Community Activities Committee; and
APPOINTS Ron Hendersen to serve on the Golf Resort Advisory Committee; and
APPOINTS Peter Rammer and James Lee to serve on the Grants In Aid Committee; and
APPOINTS Koanda Worden to serve on the Housing Authority Commission; and
APPOINTS Phil Valdez to serve on the Palms Springs International Commission; and
RE-APPOINTS Marcie Maxwell on the Golf Resort Advisory Committee for a second term ending June 30, 2027; and
RE-APPOINTS Jon O’Hea on the Housing Authority Commission until the vacancy is filled; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

G.7 Council Member Taylor Event Attendance 70
RECOMMENDED ACTIONS:

Council APPROVES Councilmember Taylor attendance at the Martinis and Bellinis Garden Tea Party on June 14, 2025, benefiting Hanson House Foundation and the Children’s Discovery Museum; and FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

G.8 Fire Access Maintenance District No. 1 (FAMD) May 6, 2025, All-Mail Ballot Special Parcel Tax Election
73 RECOMMENDED ACTIONS:

Council ADOPTS Resolution declaring the results of the May 6, 2025 All-Mail Ballot Special Parcel Tax Election held within the territory within the Fire Access Maintenance District No. 1 for security, street, maintenance and repair, and entrance landscaping services; and FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.9 Annual Update to Local California Environmental Quality Act (CEQA) Guidelines
84 RECOMMENDED ACTIONS:

Council ADOPTS Resolution updating the local guidelines for implementing the California Environmental Quality Act for the City of Indian Wells; and
FINDS the action is not a Project under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5).

G.10 Supplemental Appropriation for Drainage Repair on Fred Waring Drive
303
RECOMMENDED ACTIONS:

Council APPROVES a supplemental appropriation of $65,000 for the repair of a storm drain line in Fred Waring Drive; and
DIRECTS Staff to adjust the project budget accordingly; and FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 15061 (b)(3).

G.11 Supplemental Appropriation for City-wide Street Sweeping 306 RECOMMENDED ACTIONS:

Council AWARDS the Street Sweeping Contract with SCA of CA, LLC in the amount of $96,592.08 per year for a three-year term for city wide street sweeping services; and
APPROVES a supplemental appropriation of $21,592 per year to fund the street sweeping services contract; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

G.12 City Treasurer’s Report for March 2025 332
RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for March 2025; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

H. PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing. Applicants will be allowed five minutes to make a presentation on the matter.

After presentations, members of the public will be allowed three minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two minutes, to accommodate for more persons.

H.1 Resolution Ordering the Levy and Collection of Assessments in the Fire Access Maintenance District No. 1 for Fiscal Year 2025-26 351
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
ADOPTS Resolution approving the annual levy of the Fire Access Maintenance District No. 1 for the Fiscal Year 2025-26; and ORDERS the Fire Access Maintenance District No. 1 levy on the Fiscal Year 2025-26 Riverside County tax roll; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

I.1 Selection of Design Components for Safer Streets Program Along Fairway Drive, Eldorado Drive, Rancho Palmeras, and Cook Street 356
RECOMMENDED ACTIONS:

Council REVIEWS the Planning Commission recommended Right-of- Way improvements along Fairway Drive, Eldorado Drive, Cook Street and Rancho Palmeras; and
PROVIDES individual motions for design improvements for each of the four corridors; and
AUTHORIZE staff to solicit proposals for a design consultant; and FINDS the action exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code section 21080.20, and Section 15301, Class 1 (c) of Title 14 of the California Code of Regulations.

I.2 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
374
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.

I.3 Ordinance Requiring Emergency Access Preemption Systems on New and Existing Gated Community Access Points
395
RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance requiring the installation of emergency access preemption systems compatible with the emergency vehicle equipment currently in use by the City’s emergency service providers (e.g., infrared-based sensor systems such as Opticom) at all existing and future gated vehicular access points in the City of Indian Wells; and
FINDS the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15060(c)(3) and 15061(b)(3).

I.4 Discussion on the Formation of the Coachella Valley Coalition for Clean Air
405
RECOMMENDED ACTIONS:

Council DISCUSSES and provides DIRECTION on the formation of the Coachella Valley Coalition for Clean Air, led by Councilmember Taylor; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

J. COUNCIL MEMBER'S REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

J.1 COUNCIL MEMBER SANDERS
Coachella Valley Animal Campus
Cove Communities Service Commission
Desert Sands Unified School District
Desert Recreation District
Indian Wells Marketing Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Public Safety
J.2 COUNCIL MEMBER PENNA
Coachella Valley Mountain Conservancy
Indian Wells Preservation Foundation
Visit Greater Palm Springs
Indian Wells Community Activities Committee
Indian Wells Grants In Aid Committee
Indian Wells Public Safety Committee
J.3 COUNCIL MEMBER TAYLOR
CVAG Homelessness Committee
CVAG Public Safety Committee
CVAG Transportation Committee
Indian Wells Golf Resort Advisory Committee
Riverside County Transportation Commission
Southern California Association of Governments

J.4 MAYOR PRO TEM REED
CVAG Conservation Commission
CVAG Energy & Sustainability Committee
Desert Recreation District
Indian Wells Marketing Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
J.5 MAYOR WHITMAN
California Joint Power Insurance Authority (JPIA)
Coachella Valley Economic Partnership
CVAG Executive Committee
Cove Communities Services Commission
Desert Sands Unified School District
Indian Wells Golf Advisory Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency
K. ADJOURNMENT
To a special meeting of the City Council to be held at 1:30 p.m. on July 2, 2025 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on June 6, 2025 I caused to be posted a notice of a City Council Meeting to be held on June 10, 2025 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
________________________
Angelica Avila, MMC, City Clerk

Joslyn In Bloom!
City Council Meeting:

June 10, 2025 - Presentation
Item C.2

City Council Meeting:

June 10, 2025 - Presentation
Item C.3

THANK YOU CITY OF INDIAN WELLS

FOR YOUR SUPPORT OF EISENHOWER
SINCE 2OO5

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h
■

YOU EISENHOWER
2 EISENHOWER HEALTH IS AN AWARD -WINNING ORGANIZATION

RECOGNIZED FOR OUR EXCEPTIONAL COMMITMENT TO PATIENT CARE, CUTTING -EDGE MEDICAL ADVANCEMENTS, AND A DEDICATED TEAM OF HEALTH CARE PROFESSIONALS.

BEST

REIRREPITAB

INUVEIRIPIRE
2 El l r 22024-2025
TOP

TEACHING

HOSPITAL
2023
• U.S. News & World Report (2024-25)
—Tied for #1 best hospital in Inland Empire
— Received top performer recognition in 17 areas of care ■ "A" Rating for Patient Safety from The Leapfrog Group (2023) - Recognized for nine consecutive years
• Five Star rating from Centers for Medicare & Medicaid Services (CMS) for quality (2023)
- Received Five Star recognition for third consecutive year ■ Magnet® Organization (since 2015)
— Highest national honor for nursing excellence
— Only hospital in Coachella Valley
blue
alifornio
Designated
BIueDistinction.

Center
Spine Surgery
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• Blue Distinction® Center
— Bariatric Surgery (2023-2024)
— Cardiac Care (2023-2024)
— Hip and Knee Replacement (2023-2025)
— Spine Surgery (2023-2024)
• The Joint Commission (2023-2024)
-Advanced Primary Stroke Center Certification
- Hip and Knee Replacement Certification
- Spine Certification
• Atop performer in the LGBTQ+ Healthcare
Equality Index (2024)
— Twelfth consecutive year of recognition as a Top Performer • HeartCARE Center National Distinction of Excellence (2023) - Recognized by the American College of Cardiologists

RECOGNITIONS AND AWARDS
2024-2025
** EISENHOWER HEALTH
3 Eisenhower Health Center
at Sunrise
Indian Canyon Drive
Vista Chino
Tachevah Drive.

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Canyon Way
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Main Campus
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FP>.M SPRINGS
E. Palm Canyon Drie
Eisenhower Alan Brimble and
Richard Lyle Jones Health Center
Eisenhower Health Center
at South Palm Canyon at Rimrock
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Gerald Ford Drive
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0 Eisenhower Health Center
North Palm Desert
Country Club
Fred Waring Drive
Drive
iv

EISENHOWER HEALTH

COMMUNITY LOCATIONS
Eisenhower George and
Julia Argyros Health Center
T
Eisenhower
Physical Therapy
Wildcat
Drive
ND I
Miles
Avenue

PALM DESERT
Eisenhower Health Center
at Rancho Mirage
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**
*** Eisenhower Hospital
•
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Eisenhower Health Center
Eisenhower Urgent Care
OEisenhower Physical Therapy
Eisenhower Health Center
at Indio
4 STRIVE FOR EXCELLENCE: GROWING WITH OUR COMMUNITY
Innovating to Serve Patients Better
► Eisenhower's Emergency Department (ED) sees an
average of 300 patients each day, totaling nearlyl00,000 visits annually.
► The ED features private rooms, four trauma bays that can handle multiple patients, and state-of-the-art seismic
upgrades that exceed safety standards.
► As a designated Stroke Center and accredited Chest Pain Center, the ED delivers rapid, lifesaving treatment.
► A skilled team of 40 physicians, 28 residents, and 200 nurses and technicians work around the clock to provide calm,
compassionate care.
► 26 new inpatient beds added in Washington Tower will
help move boarding patients out of the EP sooner.

In Progress
► Introducing lobby medicine to allow for better care and possibly treatment while waiting.
► Working to expand diagnostic imaging capabilities at Urgent Care Centers to reduce referrals to ER.
► We have doubled the number of triage bays and added Charge Nurses to assess walk-in patients.

THE EMERGENCY DEPARTMENT
The front line of care
** EISENHOWER HEALTH
5 STRIVE FOR EXCELLENCE: GROWING WITH OUR COMMUNITY
The Path Forward
► In 2022, with the support of the City of Indian Wells, we opened the John W. Larson Foundation Trauma Center, receiving Level IV designation from Riverside EMS (REMSA). This enables us to provide advanced trauma care locally, minimizing delays and improving outcomes.
► We are actively progressing from Level IV to Level Il l -N, and ultimately to a Level II Trauma Center.

Designated by
REMSA as Level IV
trauma center
Onboard first
fellowship -trained
trauma surgeons
Attain Level III designation
and American College
of Surgery (ACS) verification
In preparation to obtain
Level II recruit traumatic
surgical team skilled in the
following surgery: vascular,
urologic, plastic, and neuro.

Attain Level II verification
(and possibly Level I) to ensure
definitive and comprehensive
management of any
traumatic injury.

THE LARSON TRAUMA CENTER
With you in a crisis

EISENHOWER HEALTH
6 TRAINING THE NEXT GENERATION OF PHYSICIANS
Investing in the Future of Health Care
D. Eisenhower Health launched its Graduate Medical Education (GME) program in 2013 with 22 residents.
► By 2024, the program grew to 125 residents across
Emergency Medicine, Internal Medicine, Family Medicine, Pharmacy, and several fellowships including Sports
Medicine, Pulmonary, Addiction, Infectious Disease,
and Geriatric Medicine.

MEDICAL RESIDENTS IN TRAINING
Eisenhower now an Academic Medical Center
** EISENHOWER HEALTH
7 STRIVE FOR EXCELLENCE: INNOVATING FOR TOMORROW
Pioneering Technology in the Valley
► Artificial Intelligence (Al) is beginning to reshape health care delivery and Eisenhower is already integrating new Al tools. ► Eisenhower leads the state with 18 surgical robots in service. ► Robots are used in a variety of surgeries:
• Bariatric
• Orthopedic
• Cardiothoracic
• General Surgery
• Gynecology
• Urology

STRIVE FOR EXCELLENCE
Innovating for tomorrow
* EISENHOWER HEALTH
8 EISENHOWER HEALTH SERVING THE COMMUNITY
Ihdi
A Care for

1.1M patient visits
Treat nearly 100,000
ER patient visits
Perform almost Welcomed 4,450
20,000 surgeries Cap babies since 2021

INPATIENT PATIENT DAYS
►
79,554

INPATIENT ADMISSIONS
►
23,170

ALOS (AVERAGE LENGTH OF STAY)
►

3.43 ER VISITS
►
95,766

SURGERY CASES
►
19,295

HOSPITAL OP VISITS (INCLUDING ER)
►
446,355

CLINIC - OFFICE VISITS
►
665,594

EDOC ORTHOPEDIC VISITS
►
116,195

EISENHOWER HEALTH PATIENT VISITS
2024
** EISENHOWER HEALTH
9 A STRONG PARTNERSHIP: CITY OF INDIAN WELLS AND EISENHOWER HEALTH ► Eisenhower's Economic Impact
As the Valley's largest employer, Eisenhower, bolstered by a strong partnership with the City of Indian Wells, remains a cornerstone of health care and economic vitality. ► A 2024 Strategic Econometrics study shows Eisenhower supports 3.5% of all jobs, 6.3% of labor income, and 4.7% of total economic activity in the Coachella Valley.

I. In 2024, Eisenhower generated 9,316 jobs, $904M in employee earnings, and $1.8B in economic output, with a $1.16B value-added impact.

CITY OF INDIAN WELLS AND EISENHOWER HEALTH
Dedicated to the well-being of the community
** EISENHOWER HEALTH
10 PHASE 1

CARDIOVASCULAR INSTITUTE BUILDING

EISENHOWER HEALTH
* PASSION FOR EXCELLENCE CAMPAIGN
$78M

CARDIOVASCULAR INPATIENT PAVILION
$71 M

SPECIALTY CLINICS BUILDING
$73M

LUCY CURCI CANCER CENTER
$13M

SAUL AND JOYCE BRANDMAN MEMORY CARE CENTER
$10M

CHILD CARE CENTER
$9M

INPATIENT AND OUTPATIENT
$9M

INPATIENT PHARMACY
$8M

CARDIOPULMONARY WELLNESS CENTER
$6M

RENKER PAVILION SUITES
$2M
$279M

FUNDS RAISED TO DATE
$242M

FUNDS YET TO RAISE
$37M
11 WASHINGTON FAMILY CENTER
I1 MN
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HE nu
Il_
:IALTY CLINICS

THANK YOU CITY OF INDIAN WELLS CARDIOVASCULAR INSTITUTE For your $2.5M Support
12 AWN
ai
CARDIOVASCULAR INSTITUTE, 82,000 SQ FT
Expected completion ►2026
* * EISENHOWER HEALTH

PASSION FOR EXCELLENCE CAMPAIGN
13 The Washington Family Center
► New hub for cardiovascular care
► 82,000 sf Cardiovascular Institute under construction Comprehensive Cardiac Services
► Outpatient cardiology, cardiothoracic and vascular surgery ID -10 labs and 100 exam rooms
Streamlined, Advanced Care
► Cutting -edge diagnostics and treatments
► Designed to improve patient experience and care coordination Specialty Clinics Expansion
D. 350 Cardiovascular team members
► 1,000 patients daily
► 300,000 patients annually
* * EISENHOWER HEALTH

PASSION FOR EXCELLENCE CAMPAIGN

WASHINGTON FAMILY CENTER
Eisenhower's new heart of excellence
14 **

EISENHOWER HEALTH

SAUL AND JOYCE BRANDMAN

MEMORY CARE CENTER
MEMORY CARE CENTER, 20,000 SQ FT CHILD CARE CENTER, 17,000 SQ FT Expected completion ►2025
Expected completion ►2026

SAUL AND JOYCE BRANDMAN MEMORY CARE CENTER
Rendering of the building
* * EISENHOWER HEALTH
* PASSION FOR EXCELLENCE CAMPAIGN
16 The Need for Memory Care
► California will have 10.8M adults 65+ by2030
► Alzheimer's and Parkinson's cases are rising rapidly
► Only 4,600 adult day centers exist nationwide
Eisenhower's Response
► New 20,000 sf Saul and Joyce Brandman Memory Care Center ► Affordable, safe, and compassionate day care
► Designed for patients and family caregivers alike
Services That Make a Difference
► Cognitive, physical, and creative activities
► Music, arts and crafts, and gentle exercise
► Support groups, educational tools, and a resource library for caregivers
Our Mission
► Enhance quality of life for patients
► Support and relieve overwhelmed families
Eisenhower Health
Saul and Joyce Brandman
Memory Cale Center \
%
"The Memory Care Center will be a haven of care and compassion, offering solutions to families struggling to balance everyday life and the care of their loved ones."
Aadila Sabat-St. Clair
Administrative Director, Volunteer Services, Spiritual Care, and Memory Care

SAUL AND JOYCE BRANDMAN MEMORY CARE CENTER
Enriching lives, together
* * EISENHOWER HEALTH

PASSION FOR EXCELLENCE CAMPAIGN
17 The Child Care Challenge
► 36% of 5,000 employees are raising young children
► Affordable, convenient child care is difficult to find A Purpose -Built Solution
► New 17,000 sf facility with 14,000 sf of outdoor play space ► Safe, nurturing environment for children
A Unique Location
► Across from main campus
► Adjacent to the Brandman Memory Care Center
Benefits for Our Workforce and Community
► Staff can focus on patient care with peace of mind
► Strengthens sense of community
► Attracts top talent and reduces turnover
► Encourages intergenerational collaboration and connection An Investment in the Future
► Supports employees and their families
► Enhances care, retention, and community well-being
'As President and CEO of an organization named to Forbes America's Best Employers list, I am committed to supporting our employees with the resources they need to provide exceptional care to our patients.

Our employees come from all walks of life and economic backgrounds.

The Eisenhower Child Care Center will be a game changer for those employees and their families."
Martin Massiello
President and CEO, Eisenhower Health

EISENHOWER CHILD CARE CENTER
Nurturing bright futures, together
* * EISENHOWER HEALTH
* PASSION FOR EXCELLENCE CAMPAIGN
18 CARDIOVASCULAR PAVILION, 35,OOO SQ FT
The heart of care
* * EISENHOWER HEALTH

PASSION FOR EXCELLENCE CAMPAIGN
19 MARK AND PAULA HURD

CANCER PAVILION

MARK AND PAULA HURD CANCER PAVILION
Completed in ►2024
* * EISENHOWER HEALTH

PASSION FOR EXCELLENCE CAMPAIGN
20 Expanding Cancer Care Access
► Mark and Paula Hurd Pavilion added 12,000 sf
D. 31 exam rooms
► 5 infusion centers, 77 chairs
Meeting Rising Demand
► 50,000 infusions projected in 2025
► 15,000 more than five years ago
► Main Infusion at LCCC is open 365 days/year for all services Future Expansion Plans
► 10 new infusion chairs at Lucy Curci Cancer Center
► 7 new chairs in Palm Springs
► Expand and relocate Inpatient Pharmacy to meet growing infusion demand
► Centralize registration to maximize clinical space
for patient care
► Invest in advanced equipment for faster prostate cancer diagnosis and treatment
Impact of Expansion
► 400-600 more patients treated per month
► Monthly volume expected to grow from 1,800 to 2,400+
► More space per chair for family to stay at bedside
"We have excellent care, expert physicians in multiple specialties, access to clinical trials, the newest treatments and medications, new equipment and technology, and a staff that cares deeply about our patients." Steven Plaxe, MD
Director, Lucy Curci Cancer Center

MARK AND PAULA HURD CANCER PAVILION
Expanding access, elevating care, together
* * EISENHOWER HEALTH
* PASSION FOR EXCELLENCE CAMPAIGN
21 BY THE NUMBERS...

Eisenhower treats about
2,500 new cancers each year
r_
Rectum & Recosigmoid 4%
75 Cases
Pancreas 5%
85 Cases
TOP 1O CANCERS TREATED (2O22 DATA)
Kidney & Renal 4%
75 Cases
Colon 6% Breast 28%
104 Cases 489 Cases
Non -Hodgkin's
Lymphoma 7%
125 Cases
41111 -
Bladder 7%
128 Cases
Melanoma
of the Skin 10%
167 Cas
Prostate 17%
289 Cases
Lung/Bronchus 12%
218 Cases

MARK AND PAULA HURD CANCER PAVILION
Delivering expert care, one diagnosis at a time
* * EISENHOWER HEALTH
* PASSION FOR EXCELLENCE CAMPAIGN
22 CANCER CENTER
PHYSICIANS...

AND GROWING!

HEMATOLOGY/ONCOLOGY
Ddshed
Ahmed, MD
III Davood
vshi, MD

RADIATION ONCOLO(
Kemal
Pat., MD

BREAST CENTERS
III Paul
Sylvan, MD
I,

GYNECOLOGIC ONCOLOGY
Mali C.

Ganason, MD
Arnakerh Chanie Constantin A.

Aayahle. MD Dasanu, MD, PhD
Vasud ha
Lingareddy, MD
Thomas Kevin
Schulz, MD
Jeffrey
Durkeen, MD
Stephan A.

Sapenarn, MD
HenryTung•Pun
Tsai, MD
Chrystirra Marie
Castellon, MD
Kent
Thompson, MD

PALLIATIVE CARE
Andaew William
Kamen, MD
Eisenhower currently has two additional vacancies.

MARK AND PAULA HURD CANCER PAVILION
Strength in numbers, excellence in every role
* * EISENHOWER HEALTH
* PASSION FOR EXCELLENCE CAMPAIGN
23 CLINICAL TRIALS CONTINUE TO EXPAND

CLINICAL TRIALS
D.17 open to enrollment
► 17 with patients in
long term follow-up
► 4 in start-up

DISEASES BEING TREATED AND STUDIED
► Waldenstrom Macroglobulinemia
► HER2-Positive Breast Cancer
► Stage II -III Breast Cancer
► HR -Positive, HER2-Negative Advanced Metastatic Breast Cancer D. ER -Positive, HER2-Negative Breast Cancer
► Triple Negative Breast Cancer
► Malignant Breast Tumors <15 mm
► c -Met+, EGFR Wildtype,Advanced Metastatic NSCLC
► Stage IIA-IIIB Non -Small Cell Lung Cancer (NSCLC)
► Stage IIV or Recurrent NSCLC
► Small Cell Lung Cancer (SCLC)
► Gastroesophageal Cancer

PATIENTS
► 8 patients on active
treatment/intervention
► 191 patients in
long term follow-up

DISEASES
► Being treated
and studied
► Unresectable Stage I I I or Stage IV (Metastatic) Melanoma ► Myelodysplastic Syndrome (MDS)
► Early Stage Non -Small Cell Lung Cancer (NSCLC)
D. Metastatic Hormone -Sensitive Prostate Cancer
► Endocrine -Responsive Breast Cancer
► Kidney Cancer
► Smoldering Multiple Myeloma
► Resected High -Risk Melanoma
D. Advanced Melanoma
► Bladder Cancer
► Stage II-IIIC Resected Colon Cancer*
► Multiple Myeloma*
*/n development

MARK AND PAULA HURD CANCER PAVILION
More trials, more hope

EISENHOWER HEALTH

PASSION FOR EXCELLENCE CAMPAIGN
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INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: Player’s Course Renovation Improvements

RECOMMENDED ACTIONS:

Council APPROVES the proposed enhancements to the Player’s Golf Course, including landscaping improvements and the relocation of the putting green; and

APPROVES the allocation of $400,000 from the existing Golf Course Renovation contingency fund to fund said improvements; and

FINDS that the proposed enhancements are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

DISCUSSION:

The renovation of the Player’s Golf Course is proceeding according to schedule and remains under budget. With the completion of the mass grading phase, the project has progressed to irrigation installation and finish grading. This is the final step before sprigging the golf course and growing grass. Sprigging is a method used in golf course maintenance to establish new grass. It involves planting small sections of grass stems, known as sprigs, onto prepared soil.

During this stage, Troon and Landscapes Unlimited—both serving as on-site project management and construction contractors —identified opportunities to enhance the overall player experience. These include implementing improved landscaping throughout the course and relocating the putting green to a site adjacent to the first hole of the Celebrity Golf Course. The original intent was to place the putting green in an area adjacent to the Fairway Grill. However, Troon and the City agree that moving the putting green to an alternate location can allow the Golf Resort to maintain the existing grass area as a revenue-generating event space. The construction cost estimate for these enhancements is $400,000.

As part of the original project award, the City Council approved a $700,000 contingency fund to accommodate unforeseen needs or potential value-added improvements. To date, $42,000 of this contingency has been utilized, resulting in a remaining balance of

$658,000. In accordance with the City Council’s adopted expenditure authorization thresholds, any individual allocation from the contingency fund exceeding $25,000 requires Council approval.

Executing the proposed improvements at this time provides a cost-efficient opportunity due to the presence of Landscapes Unlimited on-site. As the general contractor currently mobilized for the main renovation effort, Landscapes Unlimited is equipped with the labor, equipment, and project infrastructure necessary to perform the additional improvements without incurring typical startup, mobilization, or scheduling costs that would apply if these enhancements were deferred to a later date. Delaying the work would likely require the City to re-initiate procurement, remobilize construction resources, and pay additional administrative and coordination expenses, thereby increasing the total project cost.

OPTIONS:

The City Council has the following options available:

1. Approve the proposed course enhancements and allocate funds from the renovation contingency;

2. Defer the proposed improvements for consideration at a future time;

3. Direct staff to evaluate alternative course enhancements.

FISCAL IMPACT:

The proposed enhancements are estimated at $400,000. No new appropriation is required, as sufficient funds are available within the Golf Course Renovation contingency.

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.

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: Resolution Establishing Appropriations Limitation for Fiscal Year 2025-26

RECOMMENDED ACTIONS:

Council ADOPTS Resolution establishing the Appropriations Limitation for fiscal year 2025-26; and

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

DISCUSSION:

This report presents the City’s appropriations limit for Fiscal Year 2025–26, in accordance with Article XIIIB of the California Constitution—commonly known as the “Gann Limit.” For FY 2025–26, the appropriations limit is calculated at $129,346,625, while estimated proceeds from taxes total $27,523,398. As a result, the City will utilize only 21.28% of its allowable limit. Adoption of this limit confirms the City’s compliance with constitutional spending constraints and demonstrates its commitment to transparent and fiscally responsible governance.

In November 1979, California voters approved Proposition 4, which added Article XIIIB to the State Constitution. Known as the “Gann Limit” after co-author Paul Gann, this constitutional amendment established annual limits on the amount of tax revenues that state and local governments may appropriate. The appropriations limit is adjusted each year based on inflation (measured by the California per capita personal income) and population growth.

Although enacted more than four decades ago, the Gann Limit remains a critical fiscal control mechanism. It ensures responsible use of taxpayer funds by capping governmental spending and helps guard against excessive taxation. If a jurisdiction exceeds its appropriations limit without voter approval, it may be required to return the excess revenue to taxpayers.

FISCAL IMPACT:

For Fiscal Year 2025–26, the City’s appropriations limit has been calculated at $129,346,625.

Based on estimated tax proceeds of $27,523,398, the City is projected to utilize only 21.28% of its limit. This substantial margin reflects the City’s prudent financial management and provides flexibility to address future needs while remaining in full compliance with state law.

The City calculates its appropriations limit using the methodology and adjustment factors established by the California Department of Finance. Furthermore, the City’s independent auditors review this calculation annually as part of the financial audit. This independent oversight helps ensure accuracy and reinforces public confidence in the City’s fiscal stewardship.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that this resolution is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Resolution

2. Price Factor and Population Information Letter

RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2025 WHEREAS, on November 6, 1979, the voters in California added Article XIII B to the State Constitution, placing various limitations on the appropriations of the state and local governments and
WHEREAS, Article XIII B provides that the appropriations limit for the new Fiscal Year is calculated by adjusting the base Fiscal Year 1978-79 appropriations by the lower of (1) U.S. CPI or California Per Capita Income, or (2) City Population Growth; and WHEREAS, in June of 1990, the voters in California modified Article XIII B to the State Constitution by approving Proposition III and SB 88 which allows cities to choose between the following adjustment factors when adjusting the base year appropriations: (1) either the growth in the California per capita income and City (or County) population growth, or (2) the growth in the non-residential assessed valuation due to new construction within the City and City (or County) population growth; and
WHEREAS, the City chooses to use the growth in California per capita income and City population growth as the factor for calculating the appropriations limit; and WHEREAS, the City of Indian Wells has complied with the provisions of Article XIII B in determining the appropriations limit for Fiscal Year 1990-91, Fiscal Year 1991-92, Fiscal Year 1992-93, Fiscal Year 1993-94, Fiscal Year 1994-95, Fiscal Year 1995-96, Fiscal Year 1996-97, Fiscal Year 1997-98, Fiscal Year 1998-99, Fiscal Year 1999-00, Fiscal Year 2000-01, Fiscal Year 2001-02, Fiscal Year 2002-03, Fiscal Year 2003-04, Fiscal Year 2004-05, Fiscal Year 2005-06, Fiscal Year 2006-07, Fiscal Year 2007-08, Fiscal Year 2008-09; Fiscal Year 2009-10; Fiscal Year 2010-11; Fiscal Year 2011-12; Fiscal Year 2012-13; Fiscal Year 2013-14; Fiscal Year 2014-15; Fiscal Year 2015-16; Fiscal Year 2016-17; Fiscal Year 2017-18; Fiscal Year 2018-19; Fiscal Year 2019-20; Fiscal Year 2020-21; Fiscal Year 2021-22; Fiscal Year 2022-23, Fiscal Year 2023-24, Fiscal Year 2024-25, and Fiscal Year 2025-26.

NOW, THEREFORE, the City Council of the City of Indian Wells DOES HEREBY RESOLVE that the appropriations limitation in Fiscal Year 2025-26 is hereby adopted at $129,346,625 for the City of Indian Wells on a provisional basis using the alternative factor of California Per Capita Income for the inflationary adjustment.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at an adjourned regular meeting held on this 10th day of June 2025. ___________________________________

BRUCE WHITMAN
MAYOR
ATTACHMENT #1

City of Indian Wells
Resolution No. 2025-

CERTIFICATION FOR RESOLUTION NO. 2025-

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing resolution was duly and regularly passed and adopted at an adjourned regular meeting of the City Council of the City of Indian Wells the 10th day of June 2025, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST, BEST, & KRIEGER

CITY ATTORNEY

May 2025
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code Section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2025, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2025-26. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2025-26 appropriations limit. Attachment B provides the city and unincorporated county population percentage change along with the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code Section 2228 provides additional information regarding the appropriations limit.

Article XIII B, Section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml .

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2025.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916)323-4086.

JOE STEPHENSHAW
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
ATTACHMENT #2

May 2025
Attachment A

A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2025-26 appropriation limit is:

Per Capita Personal Income

Fiscal Year Percentage change
(FY) over prior year

2025-26 6.44

B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2025-26 appropriation limit.

2025-26:

Per Capita Cost of Living Change = 6.44 percent
Population Change = 0.28 percent

Per Capita Cost of Living converted to a ratio: 6.44 + 100 = 1.0644 100

Population converted to a ratio: 0.28 + 100 = 1.0028 100

Calculation of factor for FY 2025-26: 1.0644 x 1.0028 = 1.0674

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: Indian Wells Celebrity Course Repairs to the Pump Vault and Water Feature at Hole #18

RECOMMENDED ACTIONS:

Council APPROVES Repairs to the Pump Vault and Water Feature at Hole #18 – Celebrity Course; and

APPROVES a Supplemental Appropriation of $160,000 from the Golf Resort Fund; and

FINDS that the proposed enhancements are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

DISCUSSION:

For over a year, the pumps responsible for regulating wate r flow in the lake and water feature adjacent to Hole #18 on the Celebrity Course have experienced ongoing operational issues. During this period, Troon has performed a series of intermittent repairs, which have provided temporary water circulation; however, the water feature remains non-functional.

In addition to mechanical issues, the existing pump vault near the tee box has proven vulnerable to flooding during storm events. This flooding has compromised electrical components and dry pumps, creating unsafe conditions and increasing the likelihood of long-term system failure. Therefore, a long-term solution is necessary to address both the mechanical and structural deficiencies while minimizing the risk of electrocution to repair workers.

Troon has consulted with internal maintenance staff and external contractors to assess the conditions and develop a comprehensive plan to restore functionality and mitigate future risks.

The recommended scope of work includes the following elements:

1. Conversion of the existing pump vault into a wet well to support the water feature;

2. Installation of two new electrical pumps and motors;

3. Replacement and rerouting of PVC discharge piping, including new valves and check valves;

4. Completion of required trenching and installation of new electrical conduit.

These improvements aim to restore full functionality to the water feature, mitigate flooding risks, and ensure the long-term reliability of the system.

OPTIONS:

The City Council has the following options available:

1. Approve the proposed repairs and authorize funding from the Golf Resort Fund;

2. Defer the proposed improvements for future consideration;

3. Direct staff to explore alternative interim repair measures to restore partial functionality.

FISCAL IMPACT:

The total estimated cost of the project is $160,000. This estimate includes a contingency allowance to address unforeseen issues that may arise during the repair process. Funding would be provided through a supplemental appropriation from the Golf Resort Fund (Account 5606702 54400).

No impact to the General Fund is anticipated, as sufficient funds are available within the Golf Resort Fund to cover the full cost. Upon City Council approval, the project is expected to commence within 30 days and be completed within 6 to 8 weeks, depending on the contractor's availability.

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.

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Administrative Services Manager Subject: Three-Year Sheriff Services Agreement with Riverside County Sheriff’s Department

RECOMMENDED ACTIONS:

Council APPROVES three-year Services Agreement with Riverside County Sheriff’s Department to provide municipal police protection and enforcement services for the City of Indian Wells from July 1, 2025, through June 30, 2028; and

AUTHORIZES and DIRECTS the City Manager to execute the Agreement and future renewals for the same, except when a change in service level is required; and

FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

BACKGROUND:

Since incorporation, the City of Indian Wells has received law enforcement services from the Riverside County Sheriff’s Office (“Sheriff”). Indian Wells continues to maintain some of the lowest crime rates in the state, benefitting from high quality services provided by the Sheriff.

The current three-year contract for law enforcement services, July 1, 2022, through its expiration on June 30, 2025, provides for 36 supported hours per day of Deputy Sheriff personnel for specific purposes of patrol, call for service response, and suspicious activity investigation. 36 hours per day equates to approximately seven full-time Sheriff Deputies, at 1,884 hours per Deputy per year.

In addition to patrol, the City also received various dedicated support and specialized law enforcement services from the prior contract. These included two Deputy Sheriff positions for burglary suppression (“SET Team”), one Deputy Sheriff position for motorcycle traffic enforcement (“Motor Officer”), four Community Service Officer II (“CSO”) positions for various support activities, one Forensic Technician II position that provides investigative and analytical support, and one Sheriff Lieutenant position to act as the Indian Wells

Police Chief. Additionally, the City pays for 0.2046 of a Crime Analyst who helps to conduct intelligence-led policing and analytical research for both Indian Wells and Rancho Mirage.

The City bills Rancho Mirage at the conclusion of the Fiscal Year for their proportional share of use of the Forensic Technician position.

In order to continue receiving law enforcement services from the Sheriff, the City desires to execute a new three-year service agreement. The proposed three-year agreement, effective July 1, 2025, through June 30, 2028 (Attachment 1), provides for a continuation of law enforcement services at the same level provided under the previous agreement and represents a $570,000 (8.5%) increase over the prior fiscal year’s adopted budget.

In addition to direct services provided by the Sheriff for personnel, the new agreement would also continue to provide various other services on a reimbursable or cost-allocation basis. These services include blood and urinalysis for detecting alcohol and drug intoxication, California Law Enforcement Telecommunications (“CLETS”) and electronic Records Management Systems (“RMS”), and allocated costs that include vehicle maintenance, insurance, risk management, and facilities operations and maintenance.

These costs are charged to the City on an as-needed and/or allocated basis, which means the City pays either direct expense or the proportional share of the total costs borne by the Sheriff in providing services to all of their contract agencies.

The City will continue to receive law enforcement services at the level provided in the previous year, however the City and the Sheriff’s Department agree that modifications to service levels can be implemented should the Council determine that such modification is in the best interest of the community. Ongoing oversight will ensure that services received match community service needs in order to maintain high quality law enforcement in the City of Indian Wells.

City Council Strategic Goal: This effort aligns with the City Council’s strategic goal to continue reviewing public safety deployment models.

OPTIONS:

The City Council may choose to:

1. Approve the three-year services agreement as recommended; or

2. Provide alternative direction.

FISCAL IMPACT:

During the recent Contract Partners meeting hosted by the Riverside County Sheriff’s Office, City staff met with senior Sheriff’s Department officials to review anticipated rate adjustments for law enforcement services. The discussion included proposed changes to

the fully supported rate, which now reflects a comprehensive cost allocation model encompassing both direct service delivery and indirect administrative and support services.

In addition, City staff and Sheriff’s Department representatives reviewed recent amendments to the Memorandum of Understanding (MOU) between the County and the deputies' labor union. These MOU changes are expected to affect overall service costs in the future.

Based on these discussions and in anticipation of increased personnel and operational expenses, the City has conservatively budgeted $6.7 million for law enforcement services in Fiscal Year 2025. This represents an 8.5% increase over the prior fiscal year’s adopted budget. The proposed contract amount has been fully incorporated into the City’s approved budget. Therefore, no additional appropriations are necessary.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)

ATTACHMENTS:

1. 2025-28 Services Agreement

Original 1 of 3

AGREEMENT FOR LAW ENFORCEMENT SERVICES

BETWEEN THE CITY OF INDIAN WELLS

AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (“Agreement”) is made and entered into by and between the CITY OF INDIAN WELLS, a California Charter City, hereinafter “City,” and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Office, hereinafter “County”, sometimes collectively referred to herein as the “parties” and individually as a “party”.

IT IS THEREFORE AGREED AS FOLLOWS:

1.TERM

1.1 Effective Dates. This Agreement shall be effective from July 1, 2025 through June 30, 2028.

1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current three (3) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same.

1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date.

2.SCOPE OF SERVICE

2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff’s Office shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff’s services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes.

Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate.

ATTACHMENT #1

2.2 California Identification System (CAL-ID) and Records Management System. (RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.

2.2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference:

a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases.

b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City.

c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.

d) LAWNET shall mean the County’s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below.

e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS.

2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.

2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC- based equipment used to provide services herein without the permission of Sheriff's Information Technology Officer.

2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement.

3. LEVEL OF SERVICE

3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference.

3.2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms:

If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits.

If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

4. CHIEF OF POLICE

The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position.

5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.

5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications shall remain within the City limits, and ownership title thereto shall remain with City.

However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.

5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the

motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff’s personnel, or persons authorized by the Sheriff.

City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions.

5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City- owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance.

General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section.

c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

6. EMPLOYMENT STATUS OF PERSONNEL

6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from City.

6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received.

7. COMPENSATION

7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff’s Office personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team and Aviation Unit.

7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend.

7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff’s Office at County-owned or leased facilities. Costs are prorated according to the facility’s square footage occupied by a Sheriff’s Office Bureau or Unit.

7.3A Calculation of Facility Rates. The total of the facility’s cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city’s share of the facility cost.

The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff’s decision to move Contract or unincorporated County Patrol positions from the Station.

7.4 Payment of Costs. County, through the Sheriff’s Office, shall provide to City within thirty (30) days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within thirty (30) days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.

7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service.

7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.

8. INDEMNIFICATION AND HOLD HARMLESS

8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by

City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County.

8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City.

9. ADMINISTRATION

The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.

10. RECORDS

County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County’s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.

11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.

No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof.

12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:

County City
Chad Bianco, Sheriff City of Indian Wells
Riverside County Sheriff’s Office 44-950 Eldorado Drive Post Office Box 512 Indian Wells, California 92210 Riverside, California 92502 Attn: City Manager

or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to:

Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501

Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above.

13. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

14. STANDARD OF CARE

In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff’s personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

15. JURISDICTION AND VENUE

This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.

16. ENTIRE AGREEMENT

This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions

thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.

17. ELECTRONIC/DIGITAL SIGNATURES

This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code.

[Signatures on Following Page]

10 IN WITNESS WHEREOF, the City of Indian Wells, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

CITY OF INDIAN WELLS

Dated:_________________ By:________________________ Christopher Freeland, City Manager

ATTEST:

Name:

Title:

By:___________________

COUNTY OF RIVERSIDE,
a political subdivision of the State of California

Dated:__________________ By:___________________________ V. Manuel Perez
Chair of the Board of Supervisors
Riverside County Board of Supervisors

ATTEST: APPROVED AS TO FORM:

Kimberly Rector Minh C. Tran
Clerk of the Board County Counsel

By:____________________ By:_________________
Deputy Amrit P. Dhillon
Deputy County Counsel

11 ATTACHMENT A

CITY OF INDIAN WELLS

LEVEL OF SERVICE

Average Patrol Services

36 supported hours per day (Approximate equivalent of seven (7) Deputy Sheriff positions @ 1,884 annual productive hours per position standard.)

Nondedicated Positions

One (1) Deputy Sheriff Position (COP Deputy)-Supported

One (1) Deputy Sheriff Positions (Burglary Suppression)-Supported

Dedicated Positions

One (1) Sheriff’s Lieutenant Position

One (1) Deputy Sheriff Position (Motor Officer)-Supported

One (1) Forensic Technician II Position

Four (4) Community Service Officer II Positions

.2046 of a Crime Analyst Position

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Administrative Services Manager Subject: Memorandum of Understanding with Indian Wells City Employees Association and Resolution for Non-Represented City Employees

RECOMMENDED ACTIONS:

Council APPROVES the three-year Memorandum of Understanding (MOU) with Indian Wells City Employees Association (Association) effective July 1, 2025, through June 30, 2028; and

ADOPTS the six-year Resolution establishing the compensation and benefit plan for Non- Represented positions (Non-Represented) effective July 1, 2025, through June 30, 2031; and

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

BACKGROUND:

The Meyers-Millias-Brown Act recognizes the right of employees to participate in, and be represented by, an employee organization. It also requires the City to meet and confer with Association representatives to provide them with a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment. Upon reaching an agreement, both the Association and the City must memorialize the actions in a Memorandum of Understanding (MOU) (Attachment 1), approved by the Council.

Not all City employees are represented by Association members, including those employees classified as Executive Management, Management, Professional, and Confidential. The City desires to provide clear documentation of rights, salaries, and benefits to these Non-Represented employees. The Resolution (Attachment 2) for these Non-Represented employees mirrors the MOU except as outlined below.

DISCUSSION:

MOU Resolution

City Management, at the direction of City Council, negotiated the terms of the MOU with the Association. The City and Association have come to an agreement on negotiated terms for a new three-year MOU with the Association ending on June 30, 2028.

The negotiated MOU includes:

1. Term – Three (3) year term.

2. Bargaining Unit Additions – The following positions are added to the Indian Wells Employees Association Bargaining Unit:

i. Management Analyst

3. Bargaining Unit Changes – The following positions are no longer part of the Indian Wells Association Bargaining Unit:

i. Public Works Superintendent
ii. Building Official/ Code Enforcement Manager
iii. Accounting Technician III/ Payroll

4. Safety Shoes – Any unused portion of the $200 annual allowance for safety shoes/boots from FY 2025-2026 will be allowed to have a one-time rollover into FY 2026-2027 for a not-to-exceed expenditure of $400.

All other provisions in the current agreement shall remain in effect during the term of the new MOU, unless amended.

Non-Represented Resolution

The Non-Represented Resolution includes:

1. Term – Six (6) year term.

2. Safety Shoes – Any unused portion of the $200 annual allowance for safety shoes/boots from FY 2025-2026 will be allowed to have a one-time rollover into FY 2026-2027 for a not-to-exceed expenditure of $400.

All other provisions in the current agreement are to remain i n effect during the term of this new Non-Represented resolution unless amended.

OPTIONS:

The Council can choose to:

1. Adopt the MOU for the Association and resolution for the Non-Represented Staff as recommended; or

2. Provide alternative direction.

FISCAL IMPACT:

None of the negotiated terms of the MOU or the Resolution creates any additional fiscal impact on the adopted budget for Fiscal Years 2025-26 and 2026-27.

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. Association MOU

2. Resolution – Non-represented

MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is made and entered into by and between the CITY OF INDIAN WELLS (the “City”) and the INDIAN WELLS CITY EMPLOYEES ASSOCIATION (the “Association”), herein referred to as “The Parties.” WHEREAS, the City and the Association have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of City employees and all other subjects within the scope of bargaining under the Meyers-Milias- Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the City and the Association agree as follows:

SECTION 1: TERM.

This MOU shall take effect on July 1, 2025 and shall remain in effect through and including June 30, 2028.

SECTION 2: RECOGNITION OF THE ASSOCIATION.

The City formally recognizes the Association as the exclusive representative of employees in the bargaining unit. The City and the Association agree that the bargaining unit shall consist only of employees in the following positions:

Accounting Technician I Planning Technician I
Accounting Technician II Permit Technician I
Management Assistant Permit Technician II
Management Analyst Maintenance Worker I
Senior Administrative Assistant Maintenance Worker II
Receptionist
Building Inspector I/ Code Enforcement Officer
The bargaining unit shall exclude all other positions, management and confidential employees, Department Heads, and the City Manager.

SECTION 3: SALARY.

The Authorized Positions & Salary Schedule (the “Schedule”), which is attached hereto as Exhibit “A” and by this reference made a part hereof, shall remain in effect during the term (July 1, 2025 through June 30, 2028) of this MOU. Any update to the Schedule will become the new Exhibit “A” upon adoption by the City Council.

ATTACHMENT #1

The Parties agree that annual Merit Based Pay reviews shall impact employee salaries per the following rating chart.

Overall Rating MBP Percent Increase
38 or Below 0.0%
39-41 1.0%
42-44 1.5%
45-47 2.0%
48-50 2.5%
51-53 3.0%
54-56 3.5%
57-59 4.0%
60-62 4.5%
63 or Above 5.0%
MBP pay percentage increases will be determined by adding the sum of all MBP category scores. Any aggregate score of (38) or below forfeits any Merit Based Pay increase or bonus and triggers the creation of a Performance Improvement Plan (PIP).

Quarterly Reviews provide a regularly scheduled opportunity for you and your Supervisor to discuss feedback, expectations, and opportunities for improvement over time. An aggregate score of (38) or below at the conclusion of the review period showcases the need for more formal action.

Any employee whose salary would exceed their assigned Council approved salary range as a result of a salary increase will receive a cash equivalent payout for any amount above the top of the salary range.

A. Overtime: Overtime is defined as hours worked by any employee subject to the provisions of the Fair Labor Standards Act (“FLSA”) (non-exempt employee). All overtime must have prior approval of the appropriate supervisor and/or department head and be recorded on the employee's bi-weekly time report. Unauthorized overtime is cause for discipline. Non-exempt employees shall be compensated for overtime in accordance with the applicable FLSA provisions.

Any hours worked which are eligible for overtime compensation as defined herein may be taken as compensatory time (or “comp time”) off in accordance with these or any department rules. The earning of such "comp time" must receive prior approval of the Department Head or his/her designee. Compensatory time off is earned at the rate of one and one-half (1-1/2) times the number of hours worked and may be accrued to a maximum of eighty (80) hours. Any "comp time" accrued at date of separation shall be paid at straight time the hourly rate of pay then in effect.

Certain positions of employment may be designated as "exempt" from such provisions of the FLSA. Any such designations shall conform to the guidelines and criteria set forth in the FLSA pertaining to such designation. Persons employed in those positions shall not be eligible for overtime pay but shall instead be entitled to paid administrative leave as set forth in the Personnel Rules and Regulations and Personnel Policies.

B. Salary Range Increase: As provided in the Council Approved Personnel Manual, the approved salary ranges shall be adjusted automatically each year based on the on LA/Riverside/Orange County Consumer Price Index (CPI) for non-seasonally adjusted increase from the prior year (i.e. annual % increase from 2012 to 2013 would take effect for FY14/15) in an amount not to exceed 2.5%. The CPI adjustment shall be automatically set and will establish the top of range for all positions.

C. Base Salary Review: The City agrees to conduct a study of bargaining unit base salaries no less than once every three (3) years during the term of this MOU and thereafter, subject to budgetary constraints. The purpose of the study shall be to review the market base pay rate for classifications represented by the Association in relation to the following Coachella Valley cities previously designated by the Association:

City of Palm Desert, City of Rancho Mirage, City of La Quinta, City of Palm Springs, and City of Indio. The City agrees to calculate the median of these city comparators and adjust bargaining unit base salary ranges so the maximum salary for any given classification is the result of ten percent (10%) above the median of the comparators.

The City shall retain full and exclusive discretion to determine the scope, methodology, and process by which the base salary review is conducted. This includes, but is not limited to, discretion over the selection of any consultant, contractor, or third- party entity to conduct or assist in conducting the review.

SECTION 4: MEDICAL, DENTAL, VISION, AND LIFE INSURANCE COVERAGE.

A. Group Insurance: The City shall make available single party and dependent's hospitalization, major medical, dental, optical, long term disability, State Disability and life insurance to all permanent full-time employees in the City and to such other City officials as may be designated by the City Council. The specific coverage and/or options available are set forth in the Insurance Plan Summary.

The City shall pay 100% of premiums for Tier A, B, and C employees as defined by the established tier system. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage. Per Resolution No. 2020- 23, for employees hired after February 1, 2009 (Tier B & C employees), the City will pay 100% for employee and dependents for HMO plan only. If employee opts for the PPO plan, employee will be responsible for the difference between the two plans.

B. Deductibles: Each January, the City will put $1,000 into an HRA (Health Reimbursement Arrangement) for each full-time employee to cover deductibles, prescriptions, and other medical necessities covered by the HRA plan guidelines.

SECTION 5: MANAGEMENT RIGHTS.

Except as limited by the terms of the MOU and State law, the City retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the City or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously.

Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of the Section.

SECTION 6: HOURS, ATTENDANCE & STANDBY PAY.

A. Hours: The regular work schedule is 8:00 A.M. to 5:00 P.M. Department Heads may designate special working schedules for the employees of their departments to carry out the work required. The Department Heads may alter the schedule, from time to time, as the needs of the department may require with a two weeks’ notice. All non- exempt employees shall adhere to the work schedule. Employees that work hours other than their regular work schedule must have approval from their Department Head.

B. 9/80 Alternative Work Schedule: Employees on a 9/80 schedule are scheduled to work 8 nine-hour days and 1 alternating eight-hour day every two weeks, totaling eighty scheduled work hours over nine shifts per two-week period. For purposes

of FLSA overtime, the workweek applicable to employees on a 9/80 schedule begins four hours into their alternating eight hour day and ends 168 consecutive hours later.

Employees on a 9/80 schedule are not permitted to flex their alternating eight-hour day off or flex their hours on their alternating eight-hour workday. Employees on a 9/80 schedule are not permitted to work hours outside their schedule without prior approval.

Team A’s alternating day off will be the first and alternating Fridays of the month. For illustration purposes, Team A’s designated FLSA 7-day workweek is described as follows:

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Off

9 9

9 9
0 (end)
Off 0 (start)

Off

9 9

9 9
4 (end)
Off 4 (start)

Off

9 9

9 9
0 (end)
Off 0 (start)

Off

9 9

9 9
4 (end)
Off 4 (start)

Team A will include employees chosen by the City to ensure adequate coverage at City Hall.

Team B’s alternating day off will be the second and alternating Fridays of the month. For illustration purposes, Team B’s designated FLSA 7-day workweek is described as follows:

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Off

9 9

9 9
4 (end)
Off 4 (start)

Off

9 9

9 9
0 (end)
Off 0 (start)
4 (end)

Off 9 9 9 9 4 (start) Off

Off

9 9

9 9
0 (end)
Off 0 (start)

Team B will include employees chosen by the City to ensure adequate coverage at City Hall.

Bargaining unit employees have the option of choosing to work a 9/80 schedule, and if they choose to forego this option, they will remain on a 5/40 schedule and remain in their already existing designated workweek. Bargaining unit employees who decide to work on a 9/80 schedule have the option of deciding whether they will work a schedule from 7:00am – 5:00pm, 7:30am – 5:30pm, or 8:00am – 6:00pm for Monday through Thursday of the workweek. Once chosen, employees will not have the option of modifying their work schedule or their Team A or B designated FLSA work week without City approval.

The City’s Receptionist classification will not be included in either Team A or B, and will remain on a 5/40 schedule.

The City retains the right to eliminate the 9/80 alternative work schedule due to operational needs if, for example, it negatively affects the workload or productivity of the City or its workers either by shifting burdens or creating delays and additional steps in the workflow. The City also retains the right to eliminate the 9/80 work schedule if the City must take steps to address a state of emergency or comply with any applicable law or national, state or local directive affecting workload, schedules and personnel.

C. Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves of absence. Each full -time employee is to receive a regularly scheduled meal period of not less than thirty (30) minutes nor more than sixty (60) minutes prior to the completion of a working period of six (6) consecutive hours within his/her eight (8) hour or nine (9) hour regularly scheduled work day. Meal time is not compensated. Special provisions may be made in tempor ary situations with prior approval of the City Manager or under emergency contingencies.

Each regular employee working eight (8) hours or nine (9) hours a day is permitted mid-morning and mid-afternoon rest periods of fifteen (15) minutes each. The rest periods may not be combined for a single thirty (30) minute rest period, unless authorized by the supervisor when extreme conditions do not allow for the taking of a rest period within the designated time frame.

The exact time of and duration of meal and rest period is within the discretion of the supervisor. Lunches and rest periods may not be used to make up time off from work.

In no case will an employee receive credit for rest periods not taken. An employee shall

not be absent from work for any reason without making prior arrangements with his/her supervisor at least at start of shift if sick or injured. Unless such prior arrangements are made, an employee who, for any reason, fails to report to work shall make a s incere effort to immediately notify his/her supervisor of his/her absence and reason for being absent. If an employee's absence from work continues beyond the first day, the employee shall notify the supervisor on a daily basis unless other ar rangements have been made with the supervisor. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be cause for disciplinary action. Absence without leave for more than three (3) consecutive work days is deemed to be a break in service abandonment of the positions and may result in termination of employment.

D. Standby Pay: The Public Works/Maintenance staff are designated as emergency standby employees. If a Public Works/Maintenance employee is designated as a standby employee for after-hours, weekend, and/or holiday response, the employee shall remain within a forty-five (45) minute drive of the City during standby hours, carry a cellular phone, and maintain a condition to work. The designated standby employee will receive standby duty pay of $25.00 per day on weekdays, and $35.00 per day on weekends. If called on call-back, the employee will receive a minimum of two hours overtime pay or the actual time worked at overtime pay, whichever is greater, or may elect to take compensatory time (“comp time”) off at time and a half. This pay is inclusive of any travel time to and from the worksite.

SECTION 7: HOLIDAYS.

All officers and employees of the City shall be entitled to the following holidays:

1. JANUARY 1 NEW YEAR’S DAY

2. THIRD MONDAY IN JANUARY MARTIN LUTHER KING DAY

3. THIRD MONDAY IN FEBRUARY PRESIDENT’S DAY

4. LAST MONDAY IN MAY MEMORIAL DAY

5. JULY 4 INDEPENDENCE DAY
6 FIRST MONDAY IN SEPTEMBER LABOR DAY

7. AS DESIGNATED VETERANS DAY

8. FOURTH THURSDAY IN NOVEMBER THANKSGIVING DAY

9. FOURTH FRIDAY IN NOVEMBER THANKSGIVING DAY AFTER

10. DECEMBER 24 CHRISTMAS EVE

11. DECEMBER 25 CHRISTMAS DAY

12. DECEMBER 31 NEW YEAR’S EVE

13. FLOATING HOLIDAY
Actual days may change if modified by State or Federal action.

A. Holidays on Saturdays and Sundays: If any holiday falls on a Saturday, it shall be observed on the preceding Friday. If any holiday falls on a Sunday,

it shall be observed on the following Monday. In matters of compensation, a holiday is the date of designated observance.

B. Holiday Pay: Taking into consideration that some employees have elected a 9/80 work schedule pursuant to Section 6.B of this MOU, if an observed holiday falls on an employee’s regular day off, the employee will be able to observe the holiday on the preceding business day and will be paid 8 hours of holiday time.

Employees on 9/80 work schedules will receive nine (9) hours of holiday pay for any City observed holiday falling on a nine (9) hour workday, and eight (8) hours of holiday pay for any City observed holiday falling on an eight (8) hour workday. If an employee is scheduled to work on a holiday and takes the day off, the City will deduct from the employee’s leave bank in an amount equal to the total number of hours the employee was scheduled to work on that particular day. If an employee is required to work on a designated holiday, they shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate, plus eight (8) hours pay or nine (9) hours pay for said holiday depending on the number of hours the employee would have worked on a regularly scheduled workday.

C. Floating Holiday: For purposes of payroll accounting, the floating holiday will be added to the employee’s vacation and accrued on a bi-weekly basis to the employee’s vacation time.

D. Christmas: An additional holiday on the preceding Monday or the following Friday will be observed when Christmas is officially recognized on Tuesday or Thursday, respectively.

SECTION 8: VACATION.

A. Accrual Rate: Each permanent full-time employee in the City shall accrue vacation leave with pay on the following basis:

YEARS OF REGULAR DAYS ADDITIONAL TOTAL DAYS

SERVICE OF VACATION DAYS OF OF VACATION

VACATION
1 10 0 10
2 10 2 12
3 10 3 13
4 10 4 14
5 10 5 15
6 10 6 16
7 10 7 17

8 10 8 18
9 10 9 19
10 10 10 20
11 10 11 21
12 10 12 22
13 10 13 23
14 10 14 24
15 10 15 25

B. Probationary Employees: An employee during his/her initial probation pe- riod accrues vacation; however, the employee must successfully complete the Probationary Period to be eligible to take vacation leave with pay unless approved by the City Manager for unique and special circumstances. The probationary period will be one year, or pursuant to Section 11.F of this MOU.

C. Scheduling of Vacations: The time at which an employee takes vacation leave shall be determined by the department head, primarily with particular regard for the needs of the City and, secondly, insofar as possible, with regard to the wishes of the employee.

D. Leave of Absence: An employee continues to accrue vacation during any authorized and compensated leave. The employee does not accrue vacation during any leave without pay.

E. Holiday During Vacation: If a City holiday occurs while an employee is on vacation, accrued vacation time shall not be deducted for said holiday.

F. Maximum Accrual: Vacation leave may be accumulated to a maximum of three (3) times the employee's annual accrual rate under Section 8.A.

G. Surplus Accrual: On January 15th of each year, any vacation leave accumu- lated in excess of the maximum shall be compensated at the employee's regular rate of pay.

H. Vacation Pay Upon Separation: Upon separation, a regular or probationary employee shall receive compensation at his/her current salary rate for all unused vacation accrued up to and including the date of separation. Such compensation shall be considered in calculating benefits other than salary.

SECTION 9: SICK LEAVE.

A. Sick Leave: The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from an unexpected illness or injury.

Sick leave should not be viewed as a right but rather it is a privilege of paid time away from work duties where such absence is necessary.

1. Accrual: All permanent full-time employees in the City shall accrue one (1) day, eight (8) hours, of sick leave for each calendar month of continuous service to a maximum of sixty (60) days accrual.

2. Use: An employee eligible for sick leave may utilize such accrued leave for the following reasons:
a. The diagnosis, care, treatment of an existing health condition, or preventative care for, an employee.
b. The diagnosis, care, treatment of an existing health condition, or preventive care for a qualified family member. A qualified family member is defined as a: parent (including step, foster and in -law), child (including biological, step, adopted, foster, grand, acting as loco parentis, in-law, grand in-law, or any form of legal guardianship), spouse, grandparent (including in-law), sibling (including in- law), registered domestic partner, any other person related to the unit employee by blood or marriage, who has been living in the unit employee’s household for at least six (6) consecutive months, and a designated person. A designated person is a person identified by the employee at the time the employee requests sick leave. The employee is limited to one designated person per 12-month period; c. Being subject to quarantine or being exposed to a contagious disease which would endanger the health of other employees.
d. To attend an appointment for a medical, psychiatric, dental or optical ex- amination or treatment.
e. Any other type of leave that an employee may use paid sick time for under the law.

4. Abuse Not Permitted: The use of sick leave in a manner inconsistent with the above use parameters is not permitted. Misuse of sick leave shall be cause for disciplinary action.

5. Proof Required: After 5 consecutive days absent, the City may require evidence in the form of a physician's certificate, or other substantiating evidence, to determine the adequacy of the reasons for any of the employee's absences during which sick leave time is requested. At its discretion, the City shall have the right to require an employee to undergo, at the City’s expense, a medical examination and tests related to an employee's sick leave utilization to determine if the employee is capable of performing their essential job functions and the City determines that such medical examination and tests are necessary for the City’s business operations.

6. Medical Certification: An employee who has been absent from work due to illness or injury for more than 5 days or 40 hours shall be required to provide a certification from the employee's health care provider stating the employee is able to return to work and any restrictions the employee may have. At the sole discretion of the City Manager or his/her designee and based on operational need, an employee may be allowed to return to a light duty assignment consistent with the restrictions set forth in a certification issued by the employee's health care provider.

Any light duty granted may be withdrawn by Human Resources at any time based on operational need. In the event of any such withdrawal of approval of limited duty, the employee shall be returned to sick leave status consistent with and subject to the requirements stated herein.

7. Holiday During Sick Leave: In the event that a paid holiday occurs when the employee is on sick leave, accrued sick leave shall not be deducted for said holiday.

8. Exhaustion of Sick Leave: In the event an employee uses all of the sick leave he/she has accrued, the employee may use any other paid leave accrued for each day, or portion thereof, of the approved absence due to illness or injury as defined herein. This option may be exercised by the employee only when all accrued sick leave has been exhausted. The deduction of other accrued leave, so designated by the employee, will continue until the employee either returns to work or uses all such designated leave accrual. In the event all other accrued paid leave becomes exhausted, the employee shall be on unpaid leave.

9. Donation of Sick Leave: Employees may donate up to 50% of annual sick leave accrual (48 hours) to other employees who have exhausted all leave due to a major injury or illness. Donations of sick leave will be eligible for employees in good standing (no disciplinary issues). Employees donating sick leave must maintain at least 80 hours of sick leave balance after donation occurs. All catastrophic illness/injury donations must be approved by the City Manager.

10. Surplus Accrual: All employees accruing sick leave beyond the sixty (60) day maximum shall receive a pay out of any additional sick leave accrued at twenty-five (25%) percent of the employee's then regular rate of pay. This accrual and payment will coincide with the employee's anniversary date.

11. Extended Medical Leave.

Subject to the Family Medical Leave Act (FMLA), a leave of absence without pay (as defined in the Personnel Rules) for reasons of extended illness or injury:

a. Duration: After an employee exhaust his/her FMLA leave, the City will engage in the interactive process with the employee regarding any request for additional medical leave, as long as the additional medical leave is reasonable and does not cause an undue hardship to the City.

12. Bereavement Leave: Employees are entitled to up to five (5) days of bereavement leave upon the death of a family member. The leave does not need to be taken consecutively but must be completed within three (3) months of the date of death.

The City will provide three (3) days of paid bereavement leave. The employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee for the remaining two (2) days of bereavement leave. The City will provide an additional two (2) days leave of absence for employees who must travel more than 500 miles to attend services. For the purposes of this MOU, family member shall be defined as an employee's spouse, domestic partner, children, stepchildren, parents, stepparents, siblings, siblings-in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandparents-in-law, or grand-children.

13. Leave of Absence Without Pay: The City Manager, in his/her unrestricted discretion, may grant a regular or probationary employee leave of absence without pay for a period not to exceed three (3) months, unless the leave of absence without pay is granted to the employee as a reasonable accommodation under the California Fair Housing and Employment Act and the federal Americans with Disability Act, or under any other statutory leave. After three (3) months, the leave of absence may be extended if so authorized or the employee must return to work. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Any such approval by the City Manager shall be in writing. During the period of any such leave of absence without pay, the employee shall not accrue any vacation or sick leave and shall not be entitled to any holiday pay. Upon expiration of any such approved leave of absence without pay or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted.

Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be considered a resignation by said employee. and the City will take steps to separate the employee from

employment. The depositing in the United States mail of first class letter, postage paid, addressed to the employee's last known place of address shall be reasonable notice.

Employees will be responsible for continuing their employee contributions to maintain their employee benefits. Failure to do so will lead to the termination of coverage.

SECTION 11: OTHER EMPLOYEE BENEFITS.

A. Uniforms: Field personnel shall be furnished uniforms and safety equipment in accordance with policies established by their department head and approved by the City Manager. Employees working outside or in hazardous conditions will be allowed to purchase one pair of safety shoes up to $200.00 per year. This $200 allocation will roll over into a second year for a maximum two-year safety show allowance of $400. After the second year, any funds remaining are forfeit and the safety shoe allowance goes back to $200.

B. Social Security Reimbursement: The City will pay the employee’s portion of Social Security up to the Social Security maximum established by law each calendar year.

C. 401A: All employees who are permanent full-time and permanent part-time will receive 2.5% of their salary in a 401A retirement program, fully funded by the City. An optional MissionSquare 457 Deferred Compensation plan is also available to all employees.

D. Life Insurance: All employees who are permanent full-time and permanent part-time will receive 1½ times their annual salary in a life insurance policy up to $100,000.

E. Employee Assistance Program: The Employee Assistance Program provides confidential, professional consultation and referral services to employees and their immediate families.

F. Promotional Probation Period: Employees who receive a promotional appointment to positions in the classified service that are not designated as management, confidential employees, Department Heads, or the City Manager shall be subject to a probationary period of six (6) months.

G. Severance Pay: The City will provide four (4) week’s severance pay for any employees laid off.

I. Termination Hearing Procedure: Association members may elect, at their sole expense, to submit their termination cases to binding arbitration rather than follow the post-Skelly procedures set forth in the Personnel Rules. Should an Association member elect binding arbitration, then the Association member will provide their own representation and pay the arbitrator’s fee and, and if the employee orders the transcript, then the court reporters and transcript fee. Once the Association member elects to submit their termination

case to arbitration, the Association will not represent the member at the arbitration, will have no further involvement in the case, and will not be responsible for any costs or fees related to the arbitration.

SECTION 12: BARGANING UNIT.

The City agrees to meet and confer with the Association regarding any newly created or newly vacated positions that are not yet in the bargaining unit.

SECTION 13: SOLE AND ENTIRE AGREEMENT.

It is the intent of the Parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, administrative codes, provisions of the City (other than the Municipal Code), whether oral or written, expressed or implied, between the parties, and shall govern the entire relationship and be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. On any subject or condition of employment that is not expressly covered by this MOU, the City’s Personnel Manual shall govern.

SECTION 14: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT.

During the term of this MOU, the Association agrees that it will not initiate or require the City to undergo the meet and confer process with respect to wages, hours, and terms and condition of employment, whether or not contained in this MOU or in the City’s Personnel Rules and Regulations, except as required by specific Provisions of this MOU. The City also agrees that it will not initiate or require the Association to undergo the meet and confer process with respect to wages, hours, and terms and conditi ons of employment contained in this MOU. The City reserves the right to modify terms in the Personnel Rules and Regulations that are not contained in this MOU, subject to any applicable meet and confer obligations.

This MOU is hereby executed by the parties hereto as set forth below.

CITY OF INDIAN WELLS

DATED: June ____, 2025

_______________________________ _______________________________ Chris Freeland Kevin McCarthy
City Manager Finance Director

_______________________________
Kristen Nelson
Administrative Services Manager

INDIAN WELLS CITY EMPLOYEES ASSOCIATION

DATED: June ____, 2025

_______________________________ ______________________________ VACANT Shane Hyduke
President, IWCEA Vice President, IWCEA

_______________________________ _______________________________ Maria Alvarez Brian Pelletier
Secretary, IWCEA At Large Member, IWCEA

_______________________________
Mirian Fulson
Treasurer, IWCEA

RESOLUTION NO. 2025-##

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, ESTABLISHING THE COMPENSATION AND BENEFIT PLAN

FOR EXECUTIVE MANAGEMENT, MANAGEMENT, PROFESSIONAL,

CONFIDENTIAL AND NON-REPRESENTED POSITIONS, EFFECTIVE JULY 1, 2025 THROUGH JUNE 30, 2031
WHEREAS, the Government Code of the State of California prescribes a procedure for discussing and resolving matters regarding wages, hours and other terms and conditions of employment; and
WHEREAS, the City Personnel System Rules provided for a Compensation Plan; and WHEREAS, the City desires to set forth salaries and benefits for Executive Management, Management, Professional, Confidential, and Non-Represented positions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Indian Wells that the Executive Management, Management, Professional, Confidential, and Non-Represented positions Compensation and Benefit Plan is hereby established as follows:

SECTION 1: POSITIONS
The following positions are included in this Resolution. The City Manager has an individual employment agreement, which includes any amendments, that define other terms and conditions of employment not described herein.

Executive Management Positions:

City Manager
Assistant City Manager
Finance Director
Community Development Director
Public Works Director
City Clerk
Professional/ Managerial Positions:

Information Technology & Risk Manager
Assistant Finance Director
Assistant Public Works Director
Building Official & Code Enforcement Manager
Public Works Inspector I
Public Works Superintendent
Senior Planner
Accountant
ATTACHMENT #2

City of Indian Wells
Resolution No. 2025-____

Confidential Positions: (Includes only designated positions within the classifications)

Senior Executive Assistant
Management Assistant
Administrative Services Manager
Accounting Technician III/ Payroll

Non-Represented Positions:

Senior Management Analyst

SECTION 2: SALARY.

The Authorized Positions & Salary Schedule (the “Schedule”), which is attached hereto as Exhibit “A” and by this reference made a part hereof, shall remain in effect during the term (July 1, 2025 through June 30, 2031) of this Resolution. This Salary Schedule will provide the salary range for the associated positions, effective after this resolution has been duly approved by the City Council (“Effective Date”). The below table describes an employee’s earned wage increases, based upon the individual employee’s Merit Based Pay (“MBP”) score for the fiscal year ending June 30, 2025, and each subsequent fiscal year until July 1, 2031:

Overall Rating MBP Percent Increase
38 or Below 0.0%
39-41 1.0%
42-44 1.5%
45-47 2.0%
48-50 2.5%
51-53 3.0%
54-56 3.5%
57-59 4.0%
60-62 4.5%
63 or Above 5.0%

MBP pay percentage increases will be determined by adding the sum of all MBP category scores. Any aggregate score of (38) or below forfeits any Merit Based Pay increase or bonus and triggers the creation of a Performance Improvement Plan (PIP).

Quarterly Reviews provide a regularly scheduled opportunity for the employee and the employee’s Supervisor to discuss feedback, expectations, and opportunities for improvement over time. An aggregate score of (38) or below at the conclusion of the review period showcases the need for more formal action to improve the employee’s performance, up to and including disciplinary action where applicable under the City’s Personnel Manual.

City of Indian Wells
Resolution No. 2025-____

Any employee who receives a salary increase that exceeds the designated salary range of the employee’s position will receive a cash equivalent payout for any amount above the top of the salary range.

A Manager or Supervisor’s eligibility for an MBP increase or bonus depends on a pre-requisite evaluation by the City Manager or the assigned Department Head. This evaluation reviews the Manager or Supervisor’s performance in the areas of Staff Development, Leadership, Supervision and Management/ Administration. This Management/Supervisor Rating has an aggregate score of (4) minimum to (12) maximum. Managers and Supervisors are required to earn at least an (8) to be eligible for Merit Based Pay.

A score of (7) will result in a reduction of MBP to 50% of the final score (e.g., if the final score equates to a 3% increase, the Manager or Supervisor will receive 1.5%).

Scores of (6) or below forfeit the MBP increase for the year and will result in a (PIP).

The City Manager is not subject to the MBP review process. The City Manager shall receive adjustments to salary as adopted by the City Council through a publicly adopted resolution.

A. Overtime: Overtime is defined as hours worked by any employee subject to the provisions of the Fair Labor Standards Act (“FLSA”) (non-exempt employee). All overtime must have prior approval of the appropriate supervisor and/or department head and be recorded on the employee's bi-weekly time report. Unauthorized overtime is cause for discipline. Non-exempt employees shall be compensated for over time in accordance with the applicable FLSA provisions.

Any hours worked which are eligible for overtime compensation as defined herein may be taken as compensatory time (or “comp time”) off in accordance with these or any department rules. The earning of such "comp time" must receive prior approval of the Department Head or his/her designee. Compensatory time off is earned at the rate of one and one-half (1-1/2) times the number of hours worked and may be accrued to a maximum of eighty (80) hours. Any "comp time" accrued at date of separation shall be paid at straight time the hourly rate of pay then in effect.

Certain positions of employment may be designated as "exempt" from such provisions of the FLSA. Any such designations shall conform to the guidelines and criteria set forth in the FLSA pertaining to such designation. Persons employed in those positions shall not be eligible for overtime pay but shall instead be entitled to paid administrative leave as set forth in the Personnel Rules and Regulations and Personnel Policies.

B. Salary Range Increase: As provided in the Council Approved Personnel Manual, the approved salary ranges shall be adjusted automatically each year based on the on LA/Riverside/Orange County Consumer Price Index (CPI) for non-seasonally

City of Indian Wells
Resolution No. 2025-____

adjusted increase from the prior year (i.e. annual % increase from 2012 to 2013 would take effect for FY14/15) in an amount not to exceed 2.5%. The CPI adjustment shall be automatically set and will establish the top of range for all positions.

C. Base Salary Review: The City agrees to conduct a study of bargaining unit base salaries no less than once every three (3) years during the term of this MOU and thereafter, subject to budgetary constraints. The purpose of the study shall be to review the market base pay rate for classifications represented by the Association in relation to the following Coachella Valley cities previously designated by the Association:

City of Palm Desert, City of Rancho Mirage, City of La Quinta, City of Palm Springs, and City of Indio. The City agrees to calculate the median of these city comparators and adjust bargaining unit base salary ranges so the maximum salary for any given classification is the result of ten percent (10%) above the median of the comparators.

The City shall retain full and exclusive discretion to determine the scope, methodology, and process by which the base salary review is conducted. This includes, but is not limited to, discretion over the selection of any consultant, contractor, or third- party entity to conduct or assist in conducting the review.

SECTION 3: MEDICAL, DENTAL, VISION, AND LIFE INSURANCE COVERAGE.

A. Group Insurance: The City shall make available single party and dependent's hospitalization, major medical, dental, optical, long term disability, State Disability and life insurance to all permanent full-time employees in the City and to such other City officials as may be designated by the City Council. The specific coverage and/or options available are set forth in the Insurance Plan Summary.

The City shall pay 100% of premiums for Tier A, B, and C employees as defined by the established tier system. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage. Per Resolution No. 2020- 23, for employees hired after February 1, 2009 (Tier B & C employees), the City will pay 100% for employee and dependents for HMO plan only. If employee opts for the PPO plan, employee will be responsible for the difference between the two plans.

B. Deductibles: Each January, the City will put $1,000 into an HRA (Health Reimbursement Arrangement) for each full-time employee to cover deductibles, prescriptions, and other medical necessities covered by the HRA plan guidelines.

SECTION 4: HOURS, ATTENDANCE & EMERGENCY STANDBY PAY.

City of Indian Wells
Resolution No. 2025-____

A: Hours: The regular work schedule is 8:00 A.M. to 5:00 P.M. Department Heads may designate special working schedules for the employees of their departments to carry out the work required. The Department Heads may alter the schedule, from time to time, as the needs of the department may require with a two weeks’ notice. All non -exempt employees shall adhere to the work schedule. Employees that work hours other than their regular work schedule must have approval from their Department Head.

B. 9/80 Alternative Work Schedule: Employees on a 9/80 schedule are scheduled to work 8 nine-hour days and 1 alternating eight-hour day every two weeks, totaling eighty scheduled work hours over nine shifts per two-week period. For purposes of FLSA overtime, the workweek applicable to employees on a 9/80 schedule begins four hours into their alternating eight hour day and ends 168 consecutive hours later.

Employees on a 9/80 schedule are not permitted to flex their alternating eight-hour day off or flex their hours on their alternating eight-hour workday. Employees on a 9/80 schedule are not permitted to work hours outside their schedule without prior approval.

Team A’s alternating day off will be the first and alternating Fridays of the month. For illustration purposes, Team A’s designated FLSA 7-day workweek is described as follows:

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Off

9 9

9 9
0 (end)
Off 0 (start)

Off

9 9

9 9
4 (end)
Off 4 (start)

Off

9 9

9 9
0 (end)
Off 0 (start)

Off

9 9

9 9
4 (end)
Off 4 (start)

Team A will include employees chosen by the City to ensure adequate coverage at City Hall.

Team B’s alternating day off will be the second and alternating Fridays of the month. For illustration purposes, Team B’s designated FLSA 7-day workweek is described as follows:

City of Indian Wells
Resolution No. 2025-____

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Off

9 9

9 9
4 (end)
Off 4 (start)

Off

9 9

9 9
0 (end)
Off 0 (start)

Off

9 9

9 9
4 (end)
Off 4 (start)

Off

9 9

9 9
0 (end)
Off 0 (start)

Team B will include employees chosen by the City to ensure adequate coverage at City Hall.

Non-represented employees have the option of choosing to work a 9/80 schedule, and if they choose to forego this option, they will remain on a 5/40 schedule and remain in their already existing designated workweek. Non-represented employees who decide to work on a 9/80 schedule have the option of deciding whether they will work a schedule from 7:00am – 5:00pm, 7:30am – 5:30pm, or 8:00am – 6:00pm for Monday through Thursday of the workweek. Once chosen, employees will not have the option of modifying their work schedule or their Team A or B designated FLSA work week without City approval.

The City’s Receptionist classification will not be included in either Team A or B, and will remain on a 5/40 schedule.

The City retains the right to eliminate the 9/80 alternative work schedule due to operational needs if, for example, it negatively affects the workload or productivity of the City or its workers either by shifting burdens or creating delays and additional steps in the workflow. The City also retains the right to eliminate the 9/80 work schedule if the City must take steps to address a state of emergency or comply with any applicable law or national, state or local directive affecting workload, schedules and personnel.

C. Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves of absence. Each full -time employee is to receive a regularly scheduled meal period of not less than thirty (30) minutes nor more than sixty (60) minutes prior to the completion of a working period of six (6) consecutive hours within his/her eight (8) hour or nine (9) hour regularly scheduled

City of Indian Wells
Resolution No. 2025-____

work day. Meal time is not compensated. Special provisions may be made in temporary situations with prior approval of the City Manager or under emergency contingencies.

Each regular employee working eight (8) hours or nine (9) hours a day is permitted mid-morning and mid-afternoon rest periods of fifteen (15) minutes each. The rest periods may not be combined for a single thirty (30) minute rest period, unless authorized by the supervisor when extreme conditions do not allow for the taking of a rest period within the designated time frame.

The exact time of and duration of meal and rest period is within the discretion of the supervisor. Lunches and rest periods may not be used to make up time off from work.

In no case will an employee receive credit for rest periods not taken. An employee shall not be absent from work for any reason without making prior arrangements with his/her supervisor at least at start of shift if sick or injured. Unless such prior arrangements are made, an employee who, for any reason, fails to report to work shall make a sincere effort to immediately notify his/her supervisor of his/her absence and reason for being absent. If an employee's absence from work continues beyond the first day, the employee shall notify the supervisor on a daily basis unless other ar rangements have been made with the supervisor. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and may be cause for disciplinary action. Absence without leave for more than three (3) consecutive work days is deemed to be a break in service abandonment of the positions and may result in termination of employment.

SECTION 5: HOLIDAYS

All officers and employees of the City shall be entitled to the following holidays:

1. JANUARY 1 NEW YEAR’S DAY

2. THIRD MONDAY IN JANUARY MARTIN LUTHER KING DAY

3. THIRD MONDAY IN FEBRUARY PRESIDENT’S DAY

4. LAST MONDAY IN MAY MEMORIAL DAY

5. JULY 4 INDEPENDENCE DAY
6 FIRST MONDAY IN SEPTEMBER LABOR DAY

7. AS DESIGNATED VETERANS DAY

8. FOURTH THURSDAY IN NOVEMBER THANKSGIVING DAY

9. FOURTH FRIDAY IN NOVEMBER THANKSGIVING DAY AFTER

10. DECEMBER 24 CHRISTMAS EVE

11. DECEMBER 25 CHRISTMAS DAY

12. DECEMBER 31 NEW YEAR’S EVE

13. FLOATING HOLIDAY
Actual days may change if modified by State or Federal action.

City of Indian Wells
Resolution No. 2025-____

A. Holidays on Saturdays and Sundays: If any holiday falls on a Saturday, it shall be observed on the preceding Friday. If any holiday falls on a Sunday, it shall be observed on the following Monday. In matters of compensation, a holiday is the date of designated observance.

B. Holiday Pay: Taking into consideration that some employees have elected a 9/80 work schedule pursuant to Section 6.B of this MOU, if an observed holiday falls on an employee’s regular day off, the employee will be able to observe the holiday on the preceding business day and will be paid 8 hours of holiday time.

Employees on 9/80 work schedules will receive nine (9) hours of holiday pay for any City observed holiday falling on a nine (9) hour workday, and eight (8) hours of holiday pay for any City observed holiday falling on an eight (8) hour workday. If an employee is scheduled to work on a holiday and takes the day off, the City will deduct from the employee’s leave bank in an amount equal to the total number of hours the employee was scheduled to work on that particular day. If an employee is required to work on a designated holiday, they shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate, plus eight (8) hours pay or nine (9) hours pay for said holiday depending on the number of hours the employee would have worked on a regularly scheduled workday.

C. Floating Holiday: For purposes of payroll accounting, the floating holiday will be added to the employee’s vacation and accrued on a bi-weekly basis to the employee’s vacation time.

D. Christmas: An additional holiday on the preceding Monday or the following Friday will be observed when Christmas is officially recognized on Tuesday or Thursday, respectively.

SECTION 8: VACATION.

A. Accrual Rate: Each permanent full-time employee in the City shall accrue vacation leave with pay on the following basis:

YEARS OF REGULAR DAYS ADDITIONAL TOTAL DAYS

SERVICE OF VACATION DAYS OF OF VACATION

VACATION
1 10 0 10
2 10 2 12
3 10 3 13

City of Indian Wells
Resolution No. 2025-____

4 10 4 14
5 10 5 15
6 10 6 16
7 10 7 17
8 10 8 18
9 10 9 19
10 10 10 20
11 10 11 21
12 10 12 22
13 10 13 23
14 10 14 24
15 10 15 25

B. Probationary Employees: An employee during his/her initial probation pe- riod accrues vacation; however, the employee must successfully complete the Probationary Period to be eligible to take vacation leave with pay unless approved by the City Manager for unique and special circumstances. The probationary period will be one year or pursuant to Section 9.F of this Resolution.

C. Scheduling of Vacations: The time at which an employee takes vacation leave shall be determined by the department head, primarily with particular regard for the needs of the City and, secondly, insofar as possible, with regard to the wishes of the employee.

D. Leave of Absence: An employee continues to accrue vacation during any authorized and compensated leave. The employee does not accrue vacation during any leave without pay.

E. Holiday During Vacation: If a City holiday occurs while an employee is on vacation, accrued vacation time shall not be deducted for said holiday.

F. Maximum Accrual: Vacation leave may be accumulated to a maximum of three (3) times the employee's annual accrual rate pursuant to Section 8.A.

G. Surplus Accrual: On January 15th of each year, any vacation leave accumulated in excess of the maximum shall be compensated at the employee's regular rate of pay.

H. Vacation Pay Upon Separation: Upon separation, a regular or probationary employee shall receive compensation at his/her current salary rate for all unused vacation accrued up to and including the date of separation. Such compensation shall be considered in calculating benefits other than salary.

City of Indian Wells
Resolution No. 2025-____

J. Administrative Leave: City Manager at his sole discretion may grant up to ten (10) days of administrative leave per year. The employee may cash out all or any portion of the employee’s Administrative Leave each year on January 15th. The maximum accrual for Administrative Leave is thirty (30) days.

SECTION 7: SICK LEAVE.

A. Sick Leave: The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from an unexpected illness or injury.

Sick leave should not be viewed as a right but rather it is a privilege of paid time away from work duties where such absence is necessary.

1. Accrual: All permanent full-time employees in the City shall accrue one (1) day, eight (8) hours, of sick leave for each calendar month of continuous service to a maximum of sixty (60) days accrual.

2. Use: An employee eligible for sick leave may utilize such accrued leave for the following reasons:
a. The diagnosis, care, treatment of an existing health condition, or preventative care for, an employee.
b. The diagnosis, care, treatment of an existing health condition, or preventive care for a qualified family member. A qualified family member is defined as a: parent (including step, foster and in -law), child (including biological, step, adopted, foster, grand, acting as loco parentis, in-law, grand in-law, or any form of legal guardianship), spouse, grandparent (including in-law), sibling (including in- law), registered domestic partner, any other person related to the unit employee by blood or marriage, who has been living in the unit employee’s household for at least six (6) consecutive months, and a designated person. A designated person is a person identified by the employee at the time the employee requests sick leave. The employee is limited to one designated person per 12-month period; c. Being subject to quarantine or being exposed to a contagious disease which would endanger the health of other employees.
d. To attend an appointment for a medical, psychiatric, dental or optical ex- amination or treatment.
e. Any other type of leave that an employee may use paid sick time for under the law.

4. Abuse Not Permitted: The use of sick leave in a manner inconsistent with the above use parameters is not permitted. Misuse of sick leave shall be cause for disciplinary action.

City of Indian Wells
Resolution No. 2025-____

5. Proof Required: After 5 consecutive days absent, the City may require evidence in the form of a physician's certificate, or other substantiating evidence, to determine the adequacy of the reasons for any of the employee's absences during which sick leave time is requested. At its discretion, the City shall have the right to require an employee to undergo, at the City’s expense, a medical examination and tests related to an employee's sick leave utilization to determine if the employee is capable of performing their essential job functions and the City determines that such medical examination and tests are necessary for the City’s business operations.

6. Medical Certification: An employee who has been absent from work due to illness or injury for more than 5 days or 40 hours shall be required to provide a certification from the employee's health care provider stating the employee is able to return to work and any restrictions the employee may have. At the sole discretion of the City Manager or his/her designee and based on operational need, an employee may be allowed to return to a light duty assignment consistent with the restrictions set forth in a certification issued by the employee's health care provider.

Any light duty granted may be withdrawn by Human Resources at any time based on operational need. In the event of any such withdrawal of approval of limited duty, the employee shall be returned to sick leave status consistent with and subject to the requirements stated herein.

7. Holiday During Sick Leave: In the event that a paid holiday occurs when the employee is on sick leave, accrued sick leave shall not be deducted for said holiday.

8. Exhaustion of Sick Leave: In the event an employee uses all of the sick leave he/she has accrued, the employee may use any other paid leave accrued for each day, or portion thereof, of the approved absence due to illness or injury as defined herein. This option may be exercised by the employee only when all accrued sick leave has been exhausted. The deduction of other accrued leave, so designated by the employee, will continue until the employee either returns to work or uses all such designated leave accrual. In the event all other accrued paid leave becomes exhausted, the employee shall be on unpaid leave.

9. Donation of Sick Leave: Employees may donate up to 50% of annual sick leave accrual (48 hours) to other employees who have exhausted all

City of Indian Wells
Resolution No. 2025-____

leave due to a major injury or illness. Donations of sick leave will be eligible for employees in good standing (no disciplinary issues). Employees donating sick leave must maintain at least 80 hours of sick leave balance after donation occurs. All catastrophic illness/injury donations must be approved by the City Manager.

10. Surplus Accrual: All employees accruing sick leave beyond the sixty (60) day maximum shall receive a pay out of any additional sick leave accrued at twenty-five (25%) percent of the employee's then regular rate of pay. This accrual and payment will coincide with the employee's anniversary date.

11. Extended Medical Leave.

Subject to the Family Medical Leave Act (FMLA), a leave of absence without pay (as defined in the Personnel Rules) for reasons of extended illness or injury:

a. Duration: After an employee exhaust his/her FMLA leave, the City will engage in the interactive process with the employee regarding any request for additional medical leave, as long as the additional medical leave is reasonable and does not cause an undue hardship to the City.

12. Bereavement Leave: Employees are entitled to up to five (5) days of bereavement leave upon the death of a family member. The leave does not need to be taken consecutively but must be completed within three (3) months of the date of death.

The City will provide three (3) days of paid bereavement leave. The employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee for the remaining two (2) days of bereavement leave. The City will provide an additional two (2) days leave of absence for employees who must travel more than 500 miles to attend services. For the purposes of this MOU, family member shall be defined as an employee's spouse, domestic partner, children, stepchildren, parents, stepparents, siblings, siblings-in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandparents-in-law, or grand-children.

13. Leave of Absence Without Pay: The City Manager, in his/her unrestricted discretion, may grant a regular or probationary employee leave of absence without pay for a period not to exceed three (3) months, unless the leave of absence without pay is granted to the employee as a reasonable accommodation under the

City of Indian Wells
Resolution No. 2025-____

California Fair Housing and Employment Act and the federal Americans with Disability Act, or under any other statutory leave. After three (3) months, the leave of absence may be extended if so authorized or the employee must return to work. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Any such approval by the City Manager shall be in writing. During the period of any such leave of absence without pay, the employee shall not accrue an y vacation or sick leave and shall not be entitled to any holiday pay. Upon expiration of any such approved leave of absence without pay or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted.

Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be considered a resignation by said employee. and the City will take steps to separate the employee from employment. The depositing in the United States mail of first class letter, postage paid, addressed to the employee's last known place of address shall be reasonable notice.

Employees will be responsible for continuing their employee contributions to maintain their employee benefits. Failure to do so will lead to the termination of coverage.

SECTION 9: OTHER EMPLOYEE BENEFITS.

A. Uniforms: Field personnel shall be furnished uniforms and safety equipment in accordance with policies established by their department head and approved by the City Manager. Employees working outside or in hazardous conditions will be allowed to purchase one pair of safety shoes up to $200.00 per year. This $200 allocation will roll over into a second year for a maximum two-year safety show allowance of $400. After the second year, any funds remaining are forfeit and the safety shoe allowance goes back to $200.

B. Social Security Reimbursement: The City will pay the employee’s portion of Social Security up to the Social Security maximum established by law each calendar year.

C. 401A: All employees who are permanent full-time and permanent part-time will receive 2.5% of their salary in a 401A retirement program, fully funded by the City. An optional MissionSquare 457 Deferred Compensation plan is also available to all employees.

D. Life Insurance: All employees who are permanent full-time and permanent part-time will receive 1½ times their annual salary in a life insurance policy up to $100,000.

E. Employee Assistance Program: The Employee Assistance Program provides confidential, professional consultation and referral services to employees and their immediate families.

City of Indian Wells
Resolution No. 2025-____

F. Promotional Probation Period: Employees who receive a promotional appointment to positions in the classified service that are not designated as management, confidential employees, Department Heads, or the City Manager shall be subject to a probationary period of six (6) months.

G. Severance Pay: The City will provide four (4) week’s severance pay for any employees laid off.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 10TH day of June 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 10th day of June 2025 by the following vote:

AYES:

NOES:

EXCUSED:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Annual Appointments to the Various Commission, Committees, and Boards Vacancies

RECOMMENDED ACTIONS:

Council APPROVES the Council Ad Hoc Committee recommendations for a two-year term beginning on July 1, 2025, through June 30, 2027; and

APPOINTS Carina De Los Reyes, Dorothy Hamilton, and Kerri Sullivan on the Community Activities Committee; and

APPOINTS Ron Hendersen to serve on the Golf Resort Advisory Committee; and

APPOINTS Peter Rammer and James Lee to serve on the Grants In Aid Committee; and

APPOINTS Koanda Worden to serve on the Housing Authority Commission; and

APPOINTS Phil Valdez to serve on the Palms Springs International Commission; and

RE-APPOINTS Marcie Maxwell on the Golf Resort Advisory Committee for a second term ending June 30, 2027; and

RE-APPOINTS Jon O’Hea on the Housing Authority Commission until the vacancy is filled; and

FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

BACKGROUND:

Annually the City Council appoints residents (“Members”) to serve on various Commissions, Committees and Boards (“Committee”). Serving on a Committee provides an opportunity for residents to volunteer and serve their community. The selection

process includes an application and interview by a City Councilmember(s), who make recommendations to the full City Council.

Selected Members serve for a two-year term unless they fill an unexpired vacancy on any one Committee. Members may serve two consecutive terms, up to a maximum of four years, on any one Committee. Members are required to complete an application after the completion of their first term to seek reappointment or to apply for a different Committee. The Council Ad Hoc Committee has recommended one resident member who re-applied for reappointment be appointed for another two-year term.

The City received 33 applications from interested residents to fill vacancies, with terms beginning on July 1, 2025, and ending on June 30, 2027. Candidate applications remain valid and are kept for 6 months should any unexpected vacancies occur.

Applications received are available for public review at City Hall, City Clerk Department, during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday (excluding holidays).

FISCAL IMPACT:

There is no fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Council Member Taylor Event Attendance

RECOMMENDED ACTIONS:

Council APPROVES Councilmember Taylor attendance at the Martinis and Bellinis Garden Tea Party on June 14, 2025, benefiting Hanson House Foundation and the Children’s Discovery Museum; and

FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

DISCUSSION:

The City Council adopted a ticket policy for pre-approval of Council Member attendance at events which serve a valid governmental or public purpose (Resolution No. 2022-36).

The Council Policy Manual Section 2.11.010 states the consent calendar staff report will include a description of the event, including the date and location, the Council Member/s attending, the total cost for each Council Member, and the City’s governmental or public purpose for attending the event. Once the Council has confirmed its attendance for the 2025 listed events, a report will be issued to the Council in a future agenda.

The Hanson House Foundation’s mission is to provide Coachella Valley residents with an affordable 'Home away from Home" for their families or loved ones visiting them for trauma, cancer or critical care treatment at our local hospitals. Hanson House has been serving families of the Coachella Valley and beyond for over 20 years. In partnership with the Children's Discovery Museum, the event will provide summer activities and programs at the Hanson House Foundation and museum.
.

PRE-APPROVAL OF EVENT:

Description (Date and Location) Council
Member
Total
Cost
Public
Purpose

Martini & Bellinis- Garden Tea Party-
Saturday, June 14, 2025, at 3:00 p.m.-
5:00 p.m.

Taylor

$150

Section F (13)

Resolution No. 2022-36 Section F (13) – Promote community resources and private facilities, including charitable and non-profit organizations facilities, available for use by city residents.

FISCAL IMPACT:

The Fiscal Year 2024-25 budget allocates up to $2,500 per Council Member for participation in governmental or public-purpose events. The Finance Department will monitor this expenditure and provide detailed monthly reports to the Senior Executive Assistant. The events outlined above are accounted for within the existing budget and do not result in any additional financial impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

ATTACHMENTS:

1. 2025 Martini and Bellinis Invitation

ATTACHMENT #1

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Fire Access Maintenance District No. 1 (FAMD) May 6, 2025, All-Mail Ballot Special Parcel Tax Election

RECOMMENDED ACTIONS:

Council ADOPTS Resolution declaring the results of the May 6, 2025 All-Mail Ballot Special Parcel Tax Election held within the territory within the Fire Access Maintenance District No. 1 for security, street, maintenance and repair, and entrance landscaping services; and

FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

DISCUSSION:

The Fire Access Maintenance District No. 1 (FAMD) formally requested that the City conduct a Special Municipal Election by all-mail ballot on May 6, 2025. The purpose of the election was to present voters residing within the boundaries of FAMD with a proposed increase to the annual special parcel tax. The additional revenue generated by the proposed increase would be allocated specifically to support essential services within the district, including private security, street maintenance and repair, and entrance landscaping.

Pursuant to the authority granted under California Elections Code Section 9222, the City Council adopted a resolution submitting the proposed measure to the registered voters residing within FAMD No. 1. The measure was placed on the ballot for consideration at the duly noticed Special Municipal Election held on May 6, 2025.

Shall Ordinance Bill No. 2025-XX be adopted to adopt a
Special Parcel Tax to take the place of the current fee for security, maintenance and repair of streets and entrance landscape services within FAMD No. 1?

YES
NO

The ballots were received by mail and in person until 5:00 p.m. on May 6, 2025, at City Hall, with the canvass of the ballots shortly thereafter. The City also counted any validly signed and executed mailed ballots that arrived in the mail after Election Day, as required by the California Elections Code.

Percentage of Votes

The results of the May 6, 2025, Special Tax ballot election are as follows:

FAMD Ballot Results
Total Ballots Mailed 616
Total Ballots Received 272
Total Ballots - Disqualified 12
Total Ballots - Pending -
Total Ballots - Certified 260
Total Ballots - In Favor 193
Total Ballots - Opposed 67
Total Ballots - Certified 260
Percentage - In Favor 74.2%
Percentage - Opposed 25.8%
Total %100.0%
Since the ballot measure received the necessary two-thirds (66.7%) voter approval, which is required under Proposition 218 for a new or increased special tax, the Ordinance levying the increase in the special tax has been adopted. The City needs to adopt the voter-approved FAMD special tax amount by Resolution.

FISCAL IMPACT:

This action has no fiscal impact on the General Fund. Instead, these funds are dedicated to the FAMD purposes outlined above. The annual levy is anticipated to generate sufficient revenue to fully fund the FAMD’s operations, ensuring that no supplemental allocation from the General Fund is necessary.

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. Resolution

RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON THE 6TH DAY OF MAY 2025 CONCERNING PROPOSED ORDINANCE (A SPECIAL TAX WITHIN THE TERRITORY LOCATED WITHIN FIRE ACCESS MAINTENANCE DISTRICT NO. 1 FOR SECURITY, STREET

MAINTENANCE AND REPAIR AND ENTRANCE LANDSCAPING SERVICES) WHEREAS, a special municipal election for the submission to the voters of the Fire Access Maintenance District No. 1 ("FAMD No. 1") relative to the question of proposing an increase in special tax within the territory located within FAMD No. 1 pursuant to Government Code Section 53724 for security, street maintenance and repair and entrance landscaping services was conducted in the City of Indian Wells, County of Riverside, State of California, on Tuesday, the 6th day of May 2025, as required by law; and
WHEREAS, pursuant to the requirements of the laws of the State of California relating to cities, the City Council of the City of Indian Wells called and ordered said election, was held and conducted and the votes cast thereat, received and canvassed, and the returns made and declared in on time, form and manner required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the City Clerk of the City of Indian Wells has canvassed the returns of said election and has certified the results to this City Council. Said results are attached and made a part hereof as Exhibit "A."

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Said special municipal election was held for the purpose of determining the position of the voters in the City of Indian Wells on the following measure:
"Shall Ordinance be adopted to adopt a Special Parcel Tax to take the place of the current fee for security,
maintenance and repair of streets and entrance landscape services within FAMD No. 1."
Ordinance is attached and made a part hereof as Exhibit "B." SECTION 2. The mail and hand delivered ballots were returned to the elections official from whom they were obtained by 5:00 p.m. on election day, Tuesday; May 6, 2025. As soon as reasonably possible after said closing time, the votes in favor and the votes against said measure were counted.

SECTION 3. The whole number of votes cast was 272 out of an eligible total of 616 voters.

ATTACHMENT #1

City of Indian Wells
Resolution No. 2025-__

SECTION 4. The vote was as follows: 193 voted YES and 67 voted NO.

SECTION 5. The City Council does declare and determine that as a result of the Special Parcel Tax Election, Ordinance No. 763 was approved by the eligible voters in the Fire Access Maintenance District of the City of Indian Wells.

SECTION 6. The City Clerk shall enter on the records of the City Council a statement of the results of said election.

SECTION 7. The City Clerk shall certify that the Ordinance was passed and adopted,

SECTION 8. The City Clerk shall certify the passage and adoption of this resolution; and shall enter the same in the book of original resolutions of the City.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, this 10th day of June 2025.

_________________________________

BRUCE WHITMAN
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2025-__

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DOES 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 an adjourned regular meeting of the City Council of the City of Indian Wells on the 10h day of June 2025, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

City of Indian Wells
Resolution No. 2025-__

EXHIBIT “A”

CERTIFICATE OF CITY CLERK’S OFFICE

TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS

I, Angelica Avila, City Clerk of City of Indian Wells, do hereby certify that, in pursuance of the provisions of Sections 307 and 15301 of the California Elections Code and the resolution adopted by the City Council, I did canvass the returns of the vote cast as part of the FIRE ACCESS MAINTENANCE DISTRICT NO. 1 (FAMD) Special Tax Election of May 6, 2025, in the

CITY OF INDIAN WELLS

and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes cast for and against this Special Tax submitted to a vote of the voters of the FIRE ACCESS MAINTENANCE DISTRICT NO. 1 (FAMD) in said City and that the totals as shown for and against said election are full, true, and correct.

Dated this 6 day of May 2025.

______________________________

ANGELICA AVILA

CITY CLERK

CITY OF INDIAN WELLS

City of Indian Wells
Resolution No. 2025-__

STATEMENT OF VOTES CAST
FIRE ACCESS MAINTENANCE DISTRICT NO. 1
SPECIAL ELECTION MAY 6, 2025

Registered Ballots
Cast
Turnout
%
Yes No % Yes
Mail Ballots 616 272 44 % 193 67 74.2 %

City of Indian Wells
Resolution No. 2025-__

EXHIBIT “B”
ORDINANCE NO. 763

AN ORDINANCE OF THE CITY OF INDIAN WELLS, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN FAMD NO. 1 FOR SECURITY, STREET MAINTENANCE AND REPAIR AND

ENTRANCE LANDSCAPE SERVICES AND AMENDING THE INDIAN WELLS MUNICIPAL CODE

THE PEOPLE OF THE FIRE ACCESS MAINTENANCE DISTRICT NO. 1, CITY OF INDIAN WELLS, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 3.17 of the Indian Wells Municipal Code is amended to read as follows:

CHAPTER 3.17

SPECIAL PARCEL TAX WITHIN FAMD NO. 1

3.17.010 Title and Purpose. The special tax imposed by this Chapter shall be known as the “FAMD No. 1 Special Parcel Tax.” The purpose of the tax is to replace in its entirety the parcel fee which has been levied annually to finance security, street maintenance and repair and entrance landscape services within Fire Access Maintenance District No. 1 within the City.

3.17.020 Definitions.

3.17.020(a) District. “District” as used in this Chapter means the territory located within the Fire Access Maintenance District No. 1 as described in the Fire Access Maintenance District Boundary Map dated April, 1996.

3.17.020(b) FAMD No. 1. “FAMD No. 1” as used in this Chapter means Fire Access Maintenance District No 1.

3.17.020(c) Fiscal Year. “Fiscal year” as used in this Chapter means the period starting on July 1 and ending the following June 30.

3.17.020(d) GOLF CLUB / GOLF COURSE. “Golf Club/Golf Course” as used in this Chapter shall mean a parcel or parcels under common use as a golf course and club house, which according to the records of the Riverside County Assessor as of March 1 of the preceding fiscal year, is designated for golf course or clubhouse uses or non-residential use.

3.17.020 (e) Parcel. “Parcel” as used in this Chapter shall mean each assessor parcel of improved or unimproved real property including but not limited to any single family residence or any other unit of real property subject to the Subdivision Map Act (Government Code Sections 66410 et seq.) that is within the boundaries of Fire Access Maintenance District No. 1 within the City, based on the Riverside County equalized tax roll.

City of Indian Wells
Resolution No. 2025-__

3.17.020(f) Residential Dwelling Unit. “Residential dwelling unit” as used in this Chapter shall mean any single family residence.

3.17.020(g) Residential Parcel. “Residential parcel” as used in this Chapter shall mean a parcel, which, according to the records of the Riverside County Assessor as March 1 of the preceding fiscal year, is designated for residential use.

3.17.030 Imposition of Special Tax. Pursuant to the authority of Article XI, Section 7 of the California Constitution and Government Code Section 53724, a special tax is hereby imposed on each and every parcel of property located within the boundaries of Fire Access Maintenance District No. 1 within the City of Indian Wells for each fiscal year, commencing with fiscal year 2025-2026. The tax shall be imposed annually by resolution of the City Council in amounts deemed necessary by the City Council, upon recommendation of the board of Directors of FAMD No. 1, to generate sufficient revenue to furnish security, street maintenance and repair and entrance landscape services within the District, but in no event shall the tax exceed the maximum amounts permitted in this Chapter without approval of two-thirds (2/3) of the voters of the District voting on the question.

3.17.040 Maximum Amount of Tax

3.17.040(a) Residential Parcels. The amount of the tax imposed for fiscal year 2025/2026 on residential parcels shall be as follows:

Land Use Assessment
Each improved residential parcel that has a residential dwelling unit.
$1,514.00/Annually
Each unimproved residential parcel that is one acre or less in size. $1029.00/Parcel Annually Each unimproved residential parcel that is more than one acre in size.
$809.00/Acre Annually

Each year following fiscal year 2025/2026 the special parcel tax shall increase between a maximum 3% or the annual change from January of the preceding year to January of the current year in the consumer price index (CPI) for Riverside-San Bernardino-Ontario Area for All Urban Consumers.

3.17.040(b) Golf Club / Golf Course. The amount of the tax imposed for fiscal year 2025/2026 for the Golf Club / Golf Course shall be $279,300.00. Each year following fiscal year 2025/2026 the special parcel tax shall increase between a maximum 3% or the annual change from January of the preceding year to January of the current year in the consumer price index (CPI) for Riverside-San Bernardino-Ontario Area for All Urban Consumers.

3.17.050 Method of Collection. The Special tax imposed by this Chapter shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the county of Riverside on behalf of the City of Indian Wells.

City of Indian Wells
Resolution No. 2025-__

Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Indian Wells by the persons who own the parcel on the date the tax is due.

3.17.060 Special Fund; Use of Tax Proceeds. The revenue raised by the special tax imposed by this Chapter shall be placed in a special fund to be used by FAMD No. 1 or any successor entity providing services for the territory located within the District only for the purposes of obtaining, providing, operating and maintaining the gate houses and gate house grounds, security, street maintenance and repair, including the cleaning of storm drains and the purposes described in Section 2 of Resolution No. 73-18, including equipment acquisition, costs of labor and materials, and administrative expenses incurred by FAMD No. 1 in connection therewith.

3.17.070 Amendments to this Chapter. The City Council shall be empowered to amend this Chapter by three (3) affirmative votes of the members thereof for the purposes of carrying out the general purposes of this Chapter in order to conform to State law that permits the County Tax Collector, or other proper official, to collect a special tax such as is levied by this Chapter in conjunction with County taxes or in order to assign duties pursuant to the ordinance to other officers. However, in no event shall any such amendment result in an increase in the maximum amount of the tax as set forth in Section 3.17.040 or a change in the use to which the tax revenue is put as set forth in Section 3.17.060.

3.17.080 Exemptions. The special tax imposed by this Chapter shall not be imposed upon a federal or State governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this Chapter pursuant to any provision of the Constitution or any paramount law.

3.17.090 Disposition of Surplus Revenues. Unexpended revenues raised by the special tax imposed by this Chapter may only be used in the succeeding year for the purposes stated in this Chapter by lowering the next year’s tax by the amount unexpended or returned to the taxpayers on the same pro rata basis as originally levied.

3.17.100 Transfer of Powers under this Chapter. The authority and duties of the City Council set forth in this Chapter may by resolution of the City Council be transferred or delegated to the governing body of a successor entity to FAMD No.1, if any, authorized by statute to impose special taxes.

SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

City of Indian Wells
Resolution No. 2025-__

SECTION 3. This ordinance, or any provisions thereof other than those provisions, if any, which provide for modification by the City Council of the City of Indian Wells, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on the ordinance or provisions thereof at any initiative or referendum election.

SECTION 4. This ordinance shall be referred to, and shall be effective only if approved by two- thirds (2/3) of the voters residing within FAMD No. 1 voting at an election to be held on May 6, 2025 and shall go into effect ten (10) days after the City Council has, be resolution, declared that this ordinance was approved by two-thirds (2/3) of the voters voting thereon.

SECTION 5. The Mayor shall certify to the passage and adoption of this ordinance by the electorate voting thereon on the 6th day of May, 2025.

I hereby certify that the foregoing ordinance was PASSED, APPROVED AND ADOPTED by the people of the City of Indian Wells residing in FAMD No. 1 on the 6th day of May 2025.

Dated: ___________________________

______________________________

BRUCE WHITMAN
MAYOR

ATTEST: APPROVED AS TO FORM:

______________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST, BEST & KRIEGER

CITY ATTORNEY

INDIAN WELLS CITY COUNCIL
June 10, 2025

To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Annual Update to Local California Environmental Quality Act (CEQA) Guidelines

RECOMMENDED ACTIONS:

Council ADOPTS Resolution updating the local guidelines for implementing the California Environmental Quality Act for the City of Indian Wells; and

FINDS the action is not a Project under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5).

BACKGROUND:

The California Environmental Quality Act (“CEQA”), codified at Public Resources Code section 21000, et seq., is California’s most comprehensive environmental law. It generally requires public agencies to evaluate the environmental effects of their actions before they are taken. CEQA also aims to prevent significant environmental effects from occurring as a result of agency actions by requiring agencies to avoid or reduce, when feasible, the significant environmental impacts of their decisions.

To this end, State CEQA Guidelines require local agencies to adopt “objectives, criteria and procedures” to implement the requirements of CEQA and the State CEQA Guidelines. (State CEQA Guidelines [14 Cal. Code Regs.] section 15022.) The 2025 Local Guidelines for Implementing the California Environmental Quality Act for the City of Indian Wells reflect recent changes to CEQA.

DISCUSSION:

The City of Indian Wells has prepared a proposed updated set of Local CEQA Guidelines for 2025 which reflect recent changes to CEQA. These Local CEQA Guidelines also provide instructions and forms for preparing all environmental documents required under CEQA.

CEQA is California’s comprehensive environmental law, contained in Public Resources Code sections 21000 et seq. CEQA seeks to protect the environment by requiring government agencies within the state to analyze and publicly disclose impacts of proposed projects, and adopt feasible mitigating measures to reduce those impacts.

Annually, the City Attorney’s Office prepares a memorandum outlining needed changes to the Local CEQA Guidelines (Attachment 1) and Staff is recommending City Council adopt a Resolution updating the City’s local CEQA Guidelines for 2025 (Attachment 2).

The City of Indian Wells Local CEQA Guidelines were revised and amended to reflect recent changes to the State CEQA Guidelines, the Public Resources Code and relevant court opinions. A summary of the updates follows (refer to Attachment 1 for a comprehensive review):

 Exemption for Residential or Mixed-Use Housing Projects: A new amendment section has been added to the Local CEQA Guidelines as a result of the passing of Assembly Bill 2199. CEQA does not apply to residential or mixed-use housing projects located in unincorporated areas of a county that meet the requirements outlined in Section 3.17.

 Transit Prioritization Projects: Pursuant to Assembly Bill 2503, a new subsection (6) was added to Section 3.21 regarding a public project for the institution or increase of passenger rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains.

 Routine Maintenance of Stormwater Facilities: Pursuant to Assembly Bill 3227, a new Section 3.24 was added to the Guidelines pursuant to a change to Public Resources Code Section 21080.61. This new section provides that CEQA does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than 100-year storm event in certain specified conditions are met.

 Reproductive Services Community Clinic: Pursuant to Assembly Bill 2085, Section

3.29 was added to the Guidelines to provide that CEQA does not apply to the approval of an application of a community clinic providing reproductive health services if the application meets objective planning standard and is subject to the ministerial review process set forth in Government Code section 65914.900.

 A Responsible Agency’s Provision of Financial Assistance or Insurance for the Development and Construction of Affordable Housing: New language was added to Section 9.10 pursuant to Senate Bill 1361, which clarifies that CEQA does not apply to a local agency’s approval of contracts that provide residential, counseling, and security services for people experiencing homelessness, as set forth in greater detail in Section 9.10.

 Office of Land Use and Climate Innovation: Effective July 1, 2024, the Office of Planning and Research changed its name to the Office of Land Use and Climate Innovation (LCI). This change is reflected throughout the Local CEQA Guidelines.

Additionally, effective April 8, 2025, LCI has a new CEQAnet URL and CEQASubmit URL. The new office name and URLs: ( https://ceqasusbmit.lci.ca.gov/) and ( https://ceqanet.lci.ca.gov/) have been updated in the City’s Local CEQA Guidelines. Further, LCI has established a new deadline for processing environmental notices. Notices must be submitted to CEQASubmit no later than 2:30p.m. PST in order to have a same filing date.

 CEQA Document Filing Fees: Effective January 1, 2025, the Department of Fish and Wildlife has increased its fees. For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,968.75: for an EIR, the new filing fee is $4,123.50: and for an environmental document prepared pursuant to a Certified Regulatory Program, the new filing fee is $1,401.75.

FISCAL IMPACT:

No fiscal impact is anticipated from amending the Local CEQA Guidelines.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The City of Indian Wells adoption of the attached Resolution is not a Project under State CEQA Guidelines section 15378(b)(5), because organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment are not considered a Project.

ATTACHMENTS:

1. BB&K Memorandum

2. Resolution

-1 -
Memorandum
TO: Project 5 City Client
FROM: Best Best & Krieger LLP
DATE: April 1, 2025
RE: Summary of Changes to Local CEQA Guidelines
In 2024, the California Legislature revised the California Environmental Quality Act (“CEQA”) through passage of certain Assembly Bills and Senate Bills. As a result, we have revised the City’s Local Guidelines for Implementing CEQA (“Local Guidelines”) to account for these CEQA developments. This memorandum summarizes the substantive amendments to the City’s 2025 Local CEQA Guidelines (“Local Guidelines”).

The Local Guidelines and this memorandum are designed to help the City comply with CEQA when considering a project subject to CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial, or unusual projects or activities.

The Local Guidelines, the related CEQA forms, and other important legal alerts may be accessed via the Best Best & Krieger LLP CEQA client portal. For technical support, please contact Tammy Ingram at [email protected].

REVISIONS TO LOCAL GUIDELINES

3.17 Exemption for Residential or Mixed-Use Housing Project.

This is a new section that was added to your Guidelines as a result of the passing of Assembly Bill 2199. CEQA does not apply to residential or mixed-used housing projects, as defined, located in unincorporated areas of a county, that meet the requirements set forth in Section 3.17.

3.21 Transit Prioritization Projects.

Pursuant to Assembly Bill 2503, a new subsection (6) was added to Section 3.21 regarding a public project for the institution or increase of passenger rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission trains.

3.24 Routine Maintenance of Stormwater Facilities.

Pursuant to Assembly Bill 3227, a new Section 3.24 was added to the Guidelines pursuant to a change to Public Resources Code section 21080.61. This new section provides that CEQA does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a 100-year storm event if certain specified conditions are met.

ATTACHMENT #1

- 2 -

3.29 Reproductive Services Community Clinic.

Pursuant to Assembly Bill 2085, Section 3.29 was added to the Guidelines to provide that CEQA does not apply to the approval of an application of a community clinic providing reproductive health services if the application meets objective planning standards and is subject to the ministerial review process set forth in Government Code section 65914.900.

9.10 A Responsible Agency’s Provision of Financial Assistance or Insurance for the Development and Construction of Affordable Housing.

New language was added to Section 9.10 pursuant to Senate Bill 1361, which clarifies that CEQA does not apply to a local agency’s approval of contracts that provide residential, counseling, and security services for people experiencing homelessness, as set forth in greater detail in Section 9.10.

Other Changes
Office of Land Use and Climate Innovation
Effective July 1, 2024, the Office of Planning and Research changed its name to the Office of Land Use and Climate Innovation (LCI). This change is reflected throughout your Local CEQA Guidelines. Additionally, effective April 8, 2025, LCI has a new CEQAnet URL and CEQASubmit URL. In order to access LCI’s websites, please use these new URLs:
• https://ceqasubmit.lci.ca.gov/
• https://ceqanet.lci.ca.gov/
Additionally, LCI has established a new deadline for processing environmental notices.

Notices must be submitted to CEQASubmit no later than 2:30 p.m. PST in order to have a same day filing date.

CEQA Document Filing Fees
Effective January 1, 2025, the Department of Fish and Wildlife has increased its fees.

For a Negative Declaration or a Mitigated Negative Declaration, the new filing fee is $2,968.75; for an EIR, the new filing fee is $4,123.50; and for an environmental document prepared pursuant to a Certified Regulatory Program, the new filing fee is $1,401.75.

Conclusion
As always, CEQA remains complicated and, at times, challenging to apply. The only constant in this area of law is how quickly the rules change. Should you have questions about any of the provisions discussed above, please contact a BB&K attorney for assistance.

BEST BEST & KRIEGER LLP

RESOLUTION NO. 2025 - ___

A RESOLUTION OF THE CITY COUNCIL OF CITY OF INDIAN WELLS,

CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR

IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUBLIC RESOURCES CODE §§ 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §§ 21000 et seq.), the Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria, and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the City of Indian Wells (“City”) must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines; and
WHEREAS, adoption of the Resolution is not a project under State CEQA Guidelines section 15378(b)(5) because it is an administrative activity involving process only and would not result in any environmental impacts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council ADOPTS this Resolution approving the 2025 revisions to “2025 Local Guidelines for Implementing the California Environmental Quality Act,” attached hereto as Exhibit “A” and further made available at the offices of the City and is available for inspection by the public.

SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed.

SECTION 3. This Resolution shall take effect upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at an adjourned regular meeting held on the 10TH day of June 2025. ____________________________

BRUCE WHITMAN
MAYOR
ATTACHMENT #2

City of Indian Wells
Resolution No. 2025-__

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 An adjourned regular meeting of the City Council of the City of Indian Wells on the 10H day of June 2025, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST, BEST & KRIEGER

CITY ATTORNEY

City of Indian Wells
Resolution No. 2025-__

EXHIBIT “A”

2025 Guidelines for Implementing CEQA
(following this page)

2025

LOCAL GUIDELINES

FOR IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

FOR

CITY OF INDIAN WELLS

TABLE OF CONTENTS

Page
-i-

1. GENERAL PROVISIONS, PURPOSE AND POLICY. ................................................ 1-1

1.01 General Provisions. ............................................................................................. 1-1

1.02 Purpose. ............................................................................................................... 1-1

1.03 Applicability. ...................................................................................................... 1-1

1.04 Reducing Delay and Paperwork. ......................................................................... 1-2

1.05 Compliance With State Law. .............................................................................. 1-2

1.06 Terminology. ....................................................................................................... 1-3

1.07 Partial Invalidity.................................................................................................. 1-3

1.08 Electronic Delivery of Comments and Notices. ................................................. 1-3

1.09 The City May Charge Reasonable Fees For Reproducing Environmental Documents. ......................................................................................................... 1-3

1.10 Time of Preparation ............................................................................................ 1-4

1.11 State Agency Furloughs. ..................................................................................... 1-5

2. LEAD AND RESPONSIBLE AGENCIES .................................................................... 2-1

2.01 Lead Agency Principle. ....................................................................................... 2-1

2.02 Selection of Lead Agency. .................................................................................. 2-1

2.03 Duties of a Lead Agency..................................................................................... 2-1

2.04 CEQA Determinations Made by Non-Elected Body; Procedure to Appeal Such Determinations. .......................................................................................... 2-3

2.05 Projects Relating to Development of Hazardous Waste and Other Sites. .......... 2-3

2.06 Responsible Agency Principle. ........................................................................... 2-4

2.07 Duties of a Responsible Agency. ........................................................................ 2-4

2.08 Response to Notice of Preparation by Responsible Agencies. ........................... 2-4

2.09 Use of Final EIR or Negative Declaration by Responsible Agencies. ............... 2-5

2.10 Shift in Lead Agency Responsibilities. ............................................................... 2-5

3. ACTIVITIES EXEMPT FROM CEQA ......................................................................... 3-1

3.01 Actions Subject to CEQA. .................................................................................. 3-1

3.02 Ministerial Actions.............................................................................................. 3-1

3.03 Exemptions in General. ....................................................................................... 3-2

3.04 Notice of Exemption. .......................................................................................... 3-2

TABLE OF CONTENTS
(continued)
Page
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3.05 Disapproved Projects. ......................................................................................... 3-3

3.06 Projects with No Possibility of Significant Effect. ............................................. 3-4

3.07 Emergency Projects. ........................................................................................... 3-4

3.08 Feasibility and Planning Studies. ........................................................................ 3-5

3.09 Rates, Tolls, Fares, and Charges. ........................................................................ 3-5

3.10 Pipelines within a Public Right-of-Way and Less Than One Mile in Length. ................................................................................................................ 3-5

3.11 Pipelines of Less Than Eight Miles in Length. ................................................... 3-5

3.12 Certain Residential Housing Projects. ................................................................ 3-7

3.13 Minor Alterations to Fluoridate Water Utilities................................................ 3-13

3.14 Ballot Measures. ............................................................................................... 3-14

3.15 Transit Priority Project. ..................................................................................... 3-14

3.16 Certain Infill Projects ........................................................................................ 3-14

3.17 Exemption For Residential or Mixed-Use Housing Projects ............................ 3-17

3.18 Exemption for Infill Projects In Transit Priority Areas .................................... 3-18

3.19 Exemption for Residential Projects Undertaken Pursuant to a Specific Plan ... 3-19

3.20 Transfer of Land for The Preservation of Natural Conditions .......................... 3-19

3.21 Transit Prioritization Projects. .......................................................................... 3-20

3.22 Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans. ..... 3-22

3.23 Water System Wells and Domestic Well Projects ............................................ 3-22

3.24 Routine Maintenance of Stormwater Facilities ................................................. 3-24

3.25 Small Disadvantaged Community Water System and State Small Water System. .............................................................................................................. 3-24

3.26 Conservation and Restoration of California Native Fish and Wildlife. ............ 3-25

3.27 Linear Broadband Deployment in a Right-of-Way. ......................................... 3-26

3.28 Needle and Syringe Exchange Services. ........................................................... 3-27

3.29 Reproductive Services Community Clinic........................................................ 3-27

3.30 Other Specific Exemptions. .............................................................................. 3-28

3.31 Categorical Exemptions. ................................................................................... 3-28

4. TIME LIMITATIONS .................................................................................................... 4-1

4.01 Review of Private Project Applications. ............................................................. 4-1

TABLE OF CONTENTS
(continued)
Page
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4.02 Determination of Type of Environmental Document. ........................................ 4-1

4.03 Completion and Adoption of Negative Declaration. .......................................... 4-1

4.04 Completion and Certification of Final EIR. ........................................................ 4-1

4.05 Projects Subject to the Permit Streamlining Act................................................. 4-2

4.06 Projects, Other Than Those Subject to the Permit Streamlining Act, with Short Time Periods for Approval. ....................................................................... 4-2

4.07 Waiver or Suspension of Time Periods. ............................................................. 4-3

5. INITIAL STUDY............................................................................................................ 5-1

5.01 Preparation of Initial Study. ................................................................................ 5-1

5.02 Informal Consultation with Other Agencies. ...................................................... 5-1

5.03 Consultation with Private Project Applicant....................................................... 5-2

5.04 Projects Subject to NEPA. .................................................................................. 5-2

5.05 An Initial Study. .................................................................................................. 5-3

5.06 Contents of Initial Study. .................................................................................... 5-4

5.07 Use of a Checklist Initial Study. ......................................................................... 5-4

5.08 Evaluating Significant Environmental Effects. ................................................... 5-5

5.09 Determining the Significance of Transportation Impacts ................................... 5-6

5.10 Mandatory Findings of Significant Effect. ......................................................... 5-7

5.11 Mandatory Preparation of an EIR for Waste-Burning Projects. ......................... 5-8

5.12 Development Pursuant To An Existing Community Plan And EIR. .................. 5-9

5.13 Land Use Policies. ............................................................................................ 5-10

5.14 Evaluating Impacts on Historical Resources. ................................................... 5-10

5.15 Evaluating Impacts on Archaeological Sites. ................................................... 5-11

5.16 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 5-12

5.17 Subdivisions with More Than 500 Dwelling Units. ......................................... 5-14

5.18 Impacts to Oak Woodlands. .............................................................................. 5-15

5.19 Climate Change And Greenhouse Gas Emissions. ........................................... 5-15

5.20 Energy Conservation. ........................................................................................ 5-19

5.21 Environmental Impact Assessment. .................................................................. 5-20

5.22 Final Determination. ......................................................................................... 5-20

TABLE OF CONTENTS
(continued)
Page
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6. NEGATIVE DECLARATION ....................................................................................... 6-1

6.01 Decision to Prepare a Negative Declaration. ...................................................... 6-1

6.02 Decision to Prepare a Mitigated Negative Declaration....................................... 6-1

6.03 Contracting for Preparation of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1

6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-1

6.05 Projects Affecting Military Services; Department of Defense Notification. ...... 6-4

6.06 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ..................................................................................... 6-4

6.07 Consultation with California Native American Tribes. ...................................... 6-5

6.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 6-6

6.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 6-8

6.10 Posting and Publication of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-9

6.11 Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse. ......................................................................................... 6-10

6.12 Special Notice Requirements for Waste- and Fuel-Burning Projects. .............. 6-12

6.13 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 6-12

6.14 Content of Negative Declaration or Mitigated Negative Declaration. ............. 6-13

6.15 Types of Mitigation........................................................................................... 6-13

6.16 Adoption of Negative Declaration or Mitigated Negative Declaration. ........... 6-13

6.17 Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration. ....................................................................................................... 6-14

6.18 Approval or Disapproval of Project. ................................................................. 6-15

6.19 Recirculation of a Negative Declaration or Mitigated Negative Declaration. ....................................................................................................... 6-15

6.20 Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved. ..................................... 6-16

6.21 Addendum to Negative Declaration or Mitigated Negative Declaration. ......... 6-17

6.22 Subsequent Negative Declaration or Mitigated Negative Declaration. ............ 6-18

6.23 Private Project Costs. ........................................................................................ 6-19

TABLE OF CONTENTS
(continued)
Page
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6.24 Filing Fees for Projects That Affect Wildlife Resources. ................................. 6-19

7. ENVIRONMENTAL IMPACT REPORT ..................................................................... 7-1

7.01 Decision to Prepare an EIR. ................................................................................ 7-1

7.02 Contracting for Preparation of EIRs. .................................................................. 7-1

7.03 Notice of Preparation of Draft EIR. .................................................................... 7-1

7.04 Special Notice Requirements for Affected Military Agencies ........................... 7-3

7.05 Environmental Leadership Development Project. .............................................. 7-3

7.06 Preparation of Draft EIR. .................................................................................... 7-5

7.07 Consultation with California Native American Tribes. ...................................... 7-6

7.08 Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 7-7

7.09 Significant Adverse Impacts to Tribal Cultural Resources ................................. 7-8

7.10 Consultation with Other Agencies and Persons. ................................................. 7-9

7.11 Early Consultation on Projects Involving Permit Issuance............................... 7-11

7.12 Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 7-11

7.13 Airport Land Use Plan. ..................................................................................... 7-11

7.14 General Aspects of an EIR. ............................................................................... 7-12

7.15 Use of Registered Consultants in Preparing EIRs. ........................................... 7-12

7.16 Incorporation by Reference............................................................................... 7-12

7.17 Standards for Adequacy of an EIR. .................................................................. 7-13

7.18 Form and Content of EIR. ................................................................................. 7-13

7.19 Consideration and Discussion of Significant Environmental Impacts. ............ 7-15

7.20 Environmental Setting ...................................................................................... 7-16

7.21 Analysis of Cumulative Impacts. ...................................................................... 7-17

7.22 Analysis of Mitigation Measures. ..................................................................... 7-19

7.23 Analysis of Alternatives in an EIR. .................................................................. 7-20

7.24 Analysis of Future Expansion. .......................................................................... 7-22

7.25 Notice of Completion of Draft EIR; Notice of Availability of Draft EIR. ....... 7-23

7.26 Submission of Draft EIR to State Clearinghouse. ............................................ 7-25

7.27 Special Notice Requirements for Waste- And Fuel-Burning Projects. ............. 7-27

TABLE OF CONTENTS
(continued)
Page
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7.28 Time For Review of Draft EIR; Failure to Comment. ...................................... 7-27

7.29 Public Hearing on Draft EIR............................................................................. 7-28

7.30 Response to Comments on Draft EIR. .............................................................. 7-29

7.31 Preparation and Contents of Final EIR. ............................................................ 7-29

7.32 Recirculation When New Information Is Added to EIR. .................................. 7-30

7.33 Certification of Final EIR. ................................................................................ 7-31

7.34 Consideration of EIR Before Approval or Disapproval of Project. .................. 7-31

7.35 Findings............................................................................................................. 7-32

7.36 Special Findings Required for Facilities That May Emit Hazardous Air Emissions Near Schools. ................................................................................... 7-33

7.37 Statement of Overriding Considerations. .......................................................... 7-33

7.38 Mitigation Monitoring or Reporting Program for EIR. .................................... 7-34

7.39 Notice of Determination. .................................................................................. 7-36

7.40 Disposition of a Final EIR. ............................................................................... 7-37

7.41 Private Project Costs. ........................................................................................ 7-37

7.42 Filing Fees for Projects That Affect Wildlife Resources. ................................. 7-38

8. TYPES OF EIRS............................................................................................................. 8-1

8.01 EIRs Generally. ................................................................................................... 8-1

8.02 Tiering. ................................................................................................................ 8-1

8.03 Project EIR. ......................................................................................................... 8-2

8.04 Subsequent EIR. .................................................................................................. 8-3

8.05 Supplemental EIR. .............................................................................................. 8-4

8.06 Addendum to an EIR. ......................................................................................... 8-4

8.07 Staged EIR. ......................................................................................................... 8-4

8.08 Program EIR. ...................................................................................................... 8-5

8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations. ........ 8-5

8.10 Use of an EIR from an Earlier Project. ............................................................... 8-6

8.11 Master EIR. ......................................................................................................... 8-6

8.12 Focused EIR. ....................................................................................................... 8-8

8.13 Special Requirements for Redevelopment Projects. ........................................... 8-9

TABLE OF CONTENTS
(continued)
Page
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9. AFFORDABLE HOUSING ........................................................................................... 9-1

9.01 Streamlined, ministerial approval process for affordable housing projects ........ 9-1

9.02 Ministerial approval process for urban lot splits and housing developments with no more than two residential units within a single-family residential zone (SB 9) ....................................................................................................... 9-22

9.03 Approval of ordinance to zone any parcel for up to 10 units of residential density per parcel in certain circumstances (SB 10) ......................................... 9-26

9.04 Housing Sustainability Districts. ...................................................................... 9-27

9.05 Interim Motel Housing Projects. ....................................................................... 9-27

9.06 Supportive Housing And “No Place Like Home” Projects. ............................. 9-28

9.07 Shelter Crisis and Emergency Housing. ........................................................... 9-28

9.08 Affordable Housing Developments in Commercial Zones. .............................. 9-29

9.09 Mixed-Income Housing Developments Along Commercial Corridors. ........... 9-31

9.10 A Responsible Agency’s Provision of Financial Assistance or Insurance for the Development and Construction of Affordable Housing........................ 9-35

9.11 Exemption for Specified Affordable Housing Projects. ................................... 9-35

9.12 Ministerial Approval of Housing Developments on Land Owned by Independent Institutions of Higher Education and Religious Institutions. ....... 9-36

10. CEQA LITIGATION .................................................................................................... 10-1

10.01 Timelines........................................................................................................... 10-1

10.02 Mediation and Settlement. ................................................................................ 10-1

10.03 Administrative Record. ..................................................................................... 10-1

11. DEFINITIONS .............................................................................................................. 11-1

11.01 “Agricultural Employee” .................................................................................. 11-1

11.02 “Applicant” ....................................................................................................... 11-1

11.03 “Approval” ........................................................................................................ 11-1

11.04 “Baseline” ......................................................................................................... 11-2

11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004................................................................................................. 11-2

11.06 “Categorical Exemption” .................................................................................. 11-2

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11.07 “Census-Defined Place”.................................................................................... 11-2

11.08 “CEQA” ............................................................................................................ 11-2

11.09 “City” ................................................................................................................ 11-2

11.10 “Clerk” .............................................................................................................. 11-2

11.11 “Community-Level Environmental Review” ................................................... 11-2

11.12 “Consultation”................................................................................................... 11-3

11.13 “Cumulative Impacts” ....................................................................................... 11-3

11.14 “Cumulatively Considerable” ........................................................................... 11-3

11.15 “Decision-Making Body” ................................................................................. 11-3

11.16 “Developed Open Space” ................................................................................. 11-3

11.17 “Development Project” ..................................................................................... 11-3

11.18 “Discretionary Project” ..................................................................................... 11-4

11.19 “EIR”................................................................................................................. 11-4

11.20 “Emergency” ..................................................................................................... 11-4

11.21 “Endangered, Rare or Threatened Species” ...................................................... 11-4

11.22 “Environment” .................................................................................................. 11-4

11.23 “Feasible” .......................................................................................................... 11-5

11.24 “Final EIR” ....................................................................................................... 11-5

11.25 “Greenhouse Gases” ......................................................................................... 11-5

11.26 “Guidelines” or “Local Guidelines” ................................................................. 11-5

11.27 “Highway” ........................................................................................................ 11-5

11.28 “Historical Resources” ...................................................................................... 11-5

11.29 “Infill Site” ........................................................................................................ 11-6

11.30 “Initial Study” ................................................................................................... 11-6

11.31 “Jurisdiction by Law” ....................................................................................... 11-6

11.32 “Land Disposal Facility”................................................................................... 11-7

11.33 “Large Treatment Facility” ............................................................................... 11-7

11.34 “LCI”................................................................................................................. 11-7

11.35 “Lead Agency”.................................................................................................. 11-7

11.36 “Low- and Moderate-Income Households” ...................................................... 11-7

11.37 “Low-Income Households” .............................................................................. 11-7

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11.38 “Low-Level Flight Path”................................................................................... 11-7

11.39 “Lower Income Households” ............................................................................ 11-7

11.40 “Major Transit Stop”......................................................................................... 11-8

11.41 “Metropolitan Planning Organization” or “MPO” ........................................... 11-8

11.42 “Military Impact Zone”..................................................................................... 11-8

11.43 “Military Service” ............................................................................................. 11-8

11.44 “Ministerial” ..................................................................................................... 11-8

11.45 “Mitigated Negative Declaration” or “MND” .................................................. 11-9

11.46 “Mitigation” ...................................................................................................... 11-9

11.47 “Negative Declaration” or “ND” ...................................................................... 11-9

11.48 “Notice of Completion” .................................................................................... 11-9

11.49 “Notice of Determination” ................................................................................ 11-9

11.50 “Notice of Exemption” ..................................................................................... 11-9

11.51 “Notice of Preparation”..................................................................................... 11-9

11.52 “Oak” .............................................................................................................. 11-10

11.53 “Oak Woodlands” ........................................................................................... 11-10

11.54 “Offsite Facility” ............................................................................................. 11-10

11.55 “Person” .......................................................................................................... 11-10

11.56 “Pipeline” ........................................................................................................ 11-10

11.57 “Private Project” ............................................................................................. 11-10

11.58 “Project” .......................................................................................................... 11-10

11.59 “Project-Specific Effects” ............................................................................... 11-11

11.60 “Public Water System” ................................................................................... 11-11

11.61 “Qualified Urban Use” .................................................................................... 11-11

11.62 “Residential” ................................................................................................... 11-11

11.63 “Responsible Agency” .................................................................................... 11-11

11.64 “Riparian areas” .............................................................................................. 11-11

11.65 “Roadway” ...................................................................................................... 11-12

11.66 “Significant Effect” ......................................................................................... 11-12

11.67 “Significant Value as a Wildlife Habitat” ....................................................... 11-12

11.68 “Special Use Airspace” ................................................................................... 11-12

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11.69 “Staff” ............................................................................................................. 11-12

11.70 “Standard” ....................................................................................................... 11-12

11.71 “State CEQA Guidelines” ............................................................................... 11-13

11.72 “Substantial Evidence” ................................................................................... 11-13

11.73 “Sustainable Communities Strategy” .............................................................. 11-13

11.74 “Tiering” ......................................................................................................... 11-13

11.75 “Transit Priority Area” .................................................................................... 11-13

11.76 “Transit Priority Project” ................................................................................ 11-14

11.77 “Transportation Facilities” .............................................................................. 11-14

11.78 “Tribal Cultural Resources” ............................................................................ 11-14

11.79 “Trustee Agency”............................................................................................ 11-15

11.80 “Urban Growth Boundary” ............................................................................. 11-15

11.81 “Urbanized Area”............................................................................................ 11-15

11.82 “Water Acquisition Plans” .............................................................................. 11-16

11.83 “Water Assessment” or “Water Supply Assessment” .................................... 11-16

11.84 “Water Demand Project” ................................................................................ 11-16

11.85 “Waterway”..................................................................................................... 11-17

11.86 “Wetlands” ...................................................................................................... 11-17

11.87 “Wildlife Habitat” ........................................................................................... 11-17

11.88 “Zoning Approval” ......................................................................................... 11-17

12. FORMS ......................................................................................................................... 12-1

13. COMMON ACRONYMS ............................................................................................ 13-1

Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

2025 City of Indian Wells Local Guidelines 1-1 ©Best Best & Krieger LLP

LOCAL GUIDELINES

FOR IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

(2025)

1. GENERAL PROVISIONS, PURPOSE AND POLICY.

1.01 GENERAL PROVISIONS.

These Local Guidelines (“Local Guidelines”) are to assist the City of Indian Wells (“City”) in implementing the provisions of the California Environmental Quality Act (“CEQA”). These Local Guidelines are consistent with the Guidelines for the Implementation of CEQA (“State CEQA Guidelines”), which have been promulgated by the California Natural Resources Agency for the guidance of state and local agencies in California. These Local Guidelines have been adopted pursuant to California Public Resources Code section 21082.

1.02 PURPOSE.

The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA:
(a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian; (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project; (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project; (d) To identify ways that environmental damage can be avoided or significantly reduced; (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and
(f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency’s activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.

1.03 APPLICABILITY.

These Local Guidelines apply to any activity that constitutes a “project,” as defined in Local Guidelines Section 11.58, for which the City is the Lead Agency or a Responsible Agency.

These Local Guidelines are also intended to assist the City in determining whether a proposed

Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

2025 City of Indian Wells Local Guidelines 1-2 ©Best Best & Krieger LLP activity constitutes a project that is subject to CEQA review, or whether the activity is exempt from CEQA.

1.04 REDUCING DELAY AND PAPERWORK.

The State CEQA Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things:
(a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively;
(b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing;
(c) Using initial studies to identify significant environmental issues and to narrow the scope of Environmental Impact Reports (EIRs);
(d) Using a Negative Declaration when a project, not otherwise exempt, will not have a significant effect on the environment;
(e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR;
(g) Integrating CEQA requirements with other environmental review and consultation requirements;
(h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document;
(i) Combining environmental documents with other documents, such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (l) Preparing analytic, rather than encyclopedic, EIRs; (m) Mentioning insignificant issues only briefly;
(n) Writing EIRs in plain language;
(o) Following a clear format for EIRs;
(p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material;
(q) Incorporating information by reference; and
(r) Making comments on EIRs as specific as possible.

1.05 COMPLIANCE WITH STATE LAW.

These Local Guidelines are intended to implement the provisions of CEQA and the State CEQA Guidelines, and the provisions of CEQA and the State CEQA Guidelines shall be fully complied with even though they may not be set forth or referred to herein.

Local Guidelines for Implementing the
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1.06 TERMINOLOGY.

The terms “must” or “shall” identify mandatory requirements. The terms “may” and “should” are permissive, with the particular decision being left to the discretion of the City.

1.07 PARTIAL INVALIDITY.

In the event any part or provision of these Local Guidelines shall be determined to be invalid, the remaining portions that can be separated from the invalid unenforceable provisions shall continue in full force and effect.

1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES.

Individuals may file a written request to receive copies of public notices provided for under these Local Guidelines or the State CEQA Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it to the last email address provided by the requestor to the City. Any request to receive public notices shall be in writing and shall be renewed annually.

Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes.

Comments sent to the City via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project.

The City must also post certain environmental documents (such as Draft and Final Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative Declarations) and CEQA notices (such as Notices of Preparation, Notices of Availability, Notices of Intent to Adopt a Negative Declaration, Notices of Exemption, and Notices of Determination) on its website, if any.

(Reference: Pub. Resources Code, §§ 21082.1, 21091(d)(3), 21092.2.)

1.09 THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING ENVIRONMENTAL DOCUMENTS.

A public agency may charge and collect a reasonable fee from members of the public that request a copy of an environmental document, so long as the fee does not exceed the cost of reproduction. The kinds of “environmental documents” that CEQA specifically allows public agencies to seek reimbursement for include: initial studies, negative declarations, mitigated negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR, negative declaration, or mitigated negative declaration.

The City shall make CEQA-related documents (e.g., Negative Declarations, Mitigated Negative Declarations, Draft EIRs, Final EIRs, and notices relating to these documents) available to the public-at-large on its website. Requests for documents made pursuant to the California Public Records Act must comply with the Government Code. (See, for example, Government Code section 7922.570 for information regarding providing documents in electronic format.)

Local Guidelines for Implementing the
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1.10 TIME OF PREPARATION
Before granting any approval of a non-exempt project subject to CEQA, the Lead Agency or Responsible Agency shall consider either (1) a Final EIR, (2) a Negative Declaration, (3) a Mitigated Negative Declaration, or (4) another document authorized by the State CEQA Guidelines to be used in the place of an EIR or Negative Declaration (e.g., an Addendum, a Supplemental EIR, a Subsequent EIR, etc.).

Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs, Negative Declarations, and Mitigated Negative Declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment.

With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project.

To implement the above principles, the City shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance. For example, the City shall not:

(A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the City has made any final purchase of the site for these facilities, except that the City may designate a preferred site for CEQA review and may enter into land acquisition agreements when the City has conditioned its future use of the site on CEQA compliance.

(B) Otherwise take any action that gives impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project.

With private projects, the City shall encourage the project proponent to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time.

While mere interest in, or inclination to support, a project does not constitute approval, a public agency entering into preliminary agreements regarding a project prior to approval shall not, as a practical matter, commit the agency to the project. For example, the City shall not grant any vested development entitlements prior to compliance with CEQA. Further, any such pre-approval agreement should, for example:

(A) Condition the agreement on compliance with CEQA;
(B) Not bind any party, or commit any party, to a definite course of action prior to CEQA compliance;

Local Guidelines for Implementing the
California Environmental Quality Act (2025) GENERAL PROVISIONS, PURPOSE AND POLICY.

2025 City of Indian Wells Local Guidelines 1-5 ©Best Best & Krieger LLP (C) Not restrict the Lead Agency from considering any feasible mitigation measures and alternatives, including the “no project” alternative; and (D) Not restrict the Lead Agency from denying the project.

The City’s environmental document preparation and review should be coordinated in a timely fashion with the City’s existing planning, review, and project approval processes. These procedures, to the maximum extent feasible, are to run concurrently, not consecutively.

(See State CEQA Guidelines, § 15004; Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116.)

1.11 STATE AGENCY FURLOUGHS.

Due to budget concerns, the State may institute mandatory furlough days for state government agencies. Local agencies may also change their operating hours.

Because state and local agencies may enact furloughs that limit their operating hours, if the City has time-sensitive materials or needs to consult with a state agency, the City should check with the applicable state agency office or with the City’s attorney to ensure compliance with all applicable deadlines.

Local Guidelines for Implementing the
California Environmental Quality Act (2025) LEAD AND RESPONSIBLE AGENCIES

2025 City of Indian Wells Local Guidelines 2-1 ©Best Best & Krieger LLP

2. LEAD AND RESPONSIBLE AGENCIES

2.01 LEAD AGENCY PRINCIPLE.

The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents.

This agency shall be called the Lead Agency.
(Reference: State CEQA Guidelines, §§ 15050, 15367.)

2.02 SELECTION OF LEAD AGENCY.

Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria:
(a) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency; or

(b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole.

The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a city that will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency that acts first on the project will normally be the Lead Agency.

If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Land Use and Climate Innovation (“LCI”), formerly Office of Planning and Research.

Within 21 days of receiving the request, the LCI will designate the Lead Agency. The Office of Land Use and Climate Innovation shall not designate a Lead Agency in the absence of a dispute.

A “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document.
(Reference: State CEQA Guidelines, § 15051.)

2.03 DUTIES OF A LEAD AGENCY.

As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve

Local Guidelines for Implementing the
California Environmental Quality Act (2025) LEAD AND RESPONSIBLE AGENCIES

2025 City of Indian Wells Local Guidelines 2-2 ©Best Best & Krieger LLP the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR or Final EIR is prepared under a contract with the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. The City, however, may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time period. (Pub. Resources Code, § 21151.5; see also Local Guidelines Section 7.02.)
During the process of preparing an EIR, the City, as Lead Agency, shall have the following duties:
(a) If a California Native American tribe has requested consultation, within 14 days after determining that an application for a project is complete or a decision to undertake a project, the City shall begin consultation with the California Native American tribes (see Local Guidelines Section 7.07);
(b) Immediately after deciding that an EIR is required for a project, the City shall send to the Office of Land Use and Climate Innovation and each Responsible Agency a Notice of Preparation (Form “G”) stating that an EIR will be prepared (see Local Guidelines Section

7.03);
(c) Prior to release of an EIR, if the California Native American tribe that is culturally affiliated with the geographic area of a project requests in writing to be informed of any proposed project, the City shall begin consultation with the tribe consistent with California law and Local Guidelines Section 7.07;
(d) The City shall prepare or cause to be prepared the Draft EIR for the project (see Local Guidelines Sections 7.06 and 7.18);
(e) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form “H”) with the Office of Land Use and Climate Innovation (see Local Guidelines Section 7.25); (f) The City shall consult with state, federal and local agencies that exercise authority over resources that may be affected by the project for their comments on the completed Draft EIR (see, e.g., Local Guidelines Sections 5.02, 5.16, Section 7.26); (g) The City shall provide public notice of the availability of a Draft EIR (Form “K”) at the same time that it sends a Notice of Completion to the Office of Land Use and Climate Innovation (see Local Guidelines Section 7.25);
(h) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during the public review period at least ten (10) days prior to certifying an EIR (see Local Guidelines Section 7.30); (i) The City shall prepare or cause to be prepared a Final EIR before approving the project (see Local Guidelines Section 7.31);
(j) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council (see Local Guidelines Section 7.33); and

Local Guidelines for Implementing the
California Environmental Quality Act (2025) LEAD AND RESPONSIBLE AGENCIES

2025 City of Indian Wells Local Guidelines 2-3 ©Best Best & Krieger LLP (k) The City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the Draft EIR (see Local Guidelines Sections 2.07, 7.30 and 7.31).

2.04 CEQA DETERMINATIONS MADE BY NON-ELECTED BODY; PROCEDURE TO APPEAL SUCH DETERMINATIONS.

As Lead Agency, the City may charge a non-elected decisionmaking body with the responsibility of making a finding of exemption or adopting, certifying or authorizing environmental documents. Any such determination, however, shall be subject to the City's procedures allowing for the appeal of the CEQA determination of any non-elected body to the City Council. In the absence of a procedure governing such appeal, any CEQA determination made by a non-elected decisionmaker shall be appealable to the City Council within ten (10) days of the non-elected decisionmaker’s determination. If the non-elected decisionmaker’s CEQA determination is not timely appealed as set forth herein, the non-elected decisionmaker’s determination shall be final.

In the event the City Council has delegated authority to a subsidiary board or official to approve a project, the City hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official’s CEQA determination shall be subject to appeal as set forth above. (Reference: State CEQA Guidelines, §§ 15061(e), 15074(f), 15090(b).)

2.05 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES.

An applicant for a development project must submit a signed statement to the City, as Lead Agency, stating whether the project and any alternatives are located on a site that is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency (“California EPA”) listing hazardous waste sites and other specified sites located in the City’s boundaries. The applicant’s statement must contain the following information:
(a) The applicant’s name, address, and phone number;
(b) Address of site, and local agency (city/county);
(c) Assessor’s book, page, and parcel number; and
(d) The list which includes the site, identification number, and date of list.

Before accepting as complete an application for any development project as defined in Local Guidelines Section 11.16, the City, as Lead Agency, shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code section 65962.5 listing hazardous waste sites and other specified sites located in the City’s boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section

6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall

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2025 City of Indian Wells Local Guidelines 2-4 ©Best Best & Krieger LLP specify the California EPA list, if any, that includes the project site, and shall provide the information contained in the applicant’s statement.
(Reference: Gov. Code, § 65962.5.)

2.06 RESPONSIBLE AGENCY PRINCIPLE.

When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency that have discretionary approval power over the project shall be identified as Responsible Agencies.

2.07 DUTIES OF A RESPONSIBLE AGENCY.

When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs, Negative Declarations, and Mitigated Negative Declarations. Comments shall be limited to those project activities that are within the City’s area of expertise or are required to be carried out or approved by the City or are subject to the City’s powers.

As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures that would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures that would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City, when acting as a Responsible Agency, shall be limited to measures that mitigate impacts to resources that are within the City’s authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. (Reference: State CEQA Guidelines, § 15096.)

2.08 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES.

Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City’s area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation that the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail, email, or any other method of transmittal that provides it with a record that the response was received. The Lead Agency shall incorporate this information into the EIR.

Local Guidelines for Implementing the
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2025 City of Indian Wells Local Guidelines 2-5 ©Best Best & Krieger LLP (Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15103.)

2.09 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES.

The City, as a Responsible Agency, shall consider the Lead Agency’s Final EIR or Negative Declaration before acting upon or approving a proposed project. As a Responsible Agency, the City must independently review and consider the adequacy of the Lead Agency’s environmental documents prior to approving any portion of the proposed project. In certain instances, the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the project over which the City has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the City’s role in carrying out the project shall be adopted. Findings that are relevant to the City’s role as a Responsible Agency shall be made. After the City decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the Lead Agency, the City, as Responsible Agency, should file a Notice of Determination with the County Clerk within five (5) days of approval, but need not state that the Lead Agency’s EIR or Negative Declaration complies with CEQA. The City, as Responsible Agency, should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. (Reference: State CEQA Guidelines, § 15096.)

2.10 SHIFT IN LEAD AGENCY RESPONSIBILITIES.

The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met:
(a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency;

(b) The Lead Agency prepared environmental documents for the project, and all of the following conditions apply:
(1) A Subsequent or Supplemental EIR is required;
(2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency; or
(c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency.

(Reference: State CEQA Guidelines, § 15052.)

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-1 ©Best Best & Krieger LLP

3. ACTIVITIES EXEMPT FROM CEQA

3.01 ACTIONS SUBJECT TO CEQA.

CEQA applies to discretionary projects proposed to be carried out or approved by public agencies such as the City. If the proposed activity does not come within the definition of “project” contained in Local Guidelines Section 11.58, it is not subject to environmental review under CEQA.

The term “project,” as defined by CEQA, does not include:
(a) Proposals for legislation to be enacted by the State Legislature; (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making (except as provided in Local Guidelines Section 11.58);
(c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214; (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may have a potentially significant physical impact on the environment. Government funding mechanisms may include, but are not limited to, assessment districts and community facilities districts; (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and
(f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment.
(Reference: State CEQA Guidelines, §§ 15060(c), 15378.)

3.02 MINISTERIAL ACTIONS.

Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved or denied by a decision that a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion.

When a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. The decision whether the approval of a proposed project or activity is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. The following is a non-exclusive list of examples of ministerial activities:
(a) Issuance of business licenses;
(b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses;
(e) Issuance of a permit to do street work;

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-2 ©Best Best & Krieger LLP (f) Issuance of building permits where the Lead Agency does not retain significant discretionary power to modify or shape the project; and (g) Until January 1, 2024, approval of an application to install an emergency standby generator to serve a macro cell tower where conditions set forth in Government Code section 65850.75 are met.
(Reference: State CEQA Guidelines, § 15268.)

3.03 EXEMPTIONS IN GENERAL.

CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration, or Mitigated Negative Declaration generally do not apply to the exempt activities that are set forth in CEQA, the State CEQA Guidelines, and Chapter 3 of these Local Guidelines.
(Reference: State CEQA Guidelines, §§ 15260 – 15332.)

3.04 NOTICE OF EXEMPTION.

After approval of an exempt project, a “Notice of Exemption” (Form “A”) may be filed by the City or its representatives with the County Clerk of each county in which the activity will be located. A Notice of Exemption must be filed electronically with the County Clerk if that option is offered by the County Clerk. When the Lead Agency files a Notice of Exemption with the County Clerk, it must also file the Notice of Exemption with the State Clearinghouse via the Office of Land Use and Climate Innovation’s CEQASubmit portal at https://ceqasubmit.lci.ca.gov , link effective as of April 8, 2025. After filing, the City must additionally post the Notice of Exemption on the City’s website, if any. The City is generally not required to file a Notice of Exemption after approving a project that it finds exempt from CEQA, though there are circumstances where a Notice of Exemption must be filed. Please see Local Guidelines Section 3.12 for certain circumstances in which the Lead Agency is required to file a Notice of Exemption.

If the Lead Agency exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines sections 15193, 15194 or 15195 and approves or determines to carry out that project, it must also file a notice with the Office of Land Use and Climate Innovation identifying the exemption.

The filing of a Notice of Exemption, when appropriate, is recommended for City actions because it shortens the statute of limitations to challenge the City’s exemption determination under CEQA from 180 days to 35 days. The County Clerk must post a Notice of Exemption within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. The 30- day posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day. Although no California Department of Fish and Wildlife (“DFW”) filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the County Clerk Memo to determine if such a fee will be required for the project.

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-3 ©Best Best & Krieger LLP The Notice of Exemption must, among other things, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement for use from the City as part of the project. Certain counties require the name and address of an applicant to be included in the “Project Applicant” box of the Notice of Exemption, even when the only project proponent is the City; in these counties, if the City is the only project proponent, the City’s name and address should be provided in the “Project Applicant” box of the Notice of Exemption. Check the county’s requirements before submitting the Notice of Exemption for filing and posting.

The Notice of Exemption may be filed by the project applicant, rather than the Lead Agency, in certain circumstances. Specifically, the Lead Agency may direct the project applicant to file the Notice of Exemption where the activity that the Lead Agency has determined is exempt from CEQA either:
(a) is undertaken by a person (not a public agency) and is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or
(b) involves the issuance to a person (not a public agency) of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (See Public Resources Code, §§ 21065(b)-(c), 21152). Where the Notice of Exemption is filed by a project applicant rather than the Lead Agency, the applicant must attach a Certificate of Determination to the Notice of Exemption to be filed. The Certificate of Determination may be in the form of a certified copy of an existing document or record of the Lead Agency. Alternatively, the Lead Agency may prepare a Certificate of Determination (see Form “B”) stating that the activity is exempt from CEQA, and the Lead Agency may provide the Certificate of Determination to the applicant. The applicant must attach the Certificate of Determination to the Notice of Exemption to be filed.

The filing of a Notice of Exemption, when appropriate, is recommended for City actions because it starts a 35-day statute of limitations on legal challenges to the City’s determination that the activity is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain circumstances in which the Lead Agency is required to file a Notice of Exemption.

When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. (Reference: Pub. Resources Code, § 21152; State CEQA Guidelines, § 15062.)

3.05 DISAPPROVED PROJECTS.

CEQA does not apply to projects that the Lead Agency rejects or disapproves.

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-4 ©Best Best & Krieger LLP Even if a project for which an EIR, Negative Declaration, or Mitigated Negative Declaration has been prepared is ultimately disapproved, the project applicant shall not be relieved of its obligation to pay the costs incurred to prepare the EIR, Negative Declaration, or Mitigated Negative Declaration for the project.
(Reference: State CEQA Guidelines, §§ 15061(b)(4), 15270.)

3.06 PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT.

Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA.

3.07 EMERGENCY PROJECTS.

The following types of emergency projects are exempt from CEQA (the term “emergency” is defined in Local Guidelines Section 11.20):
(a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety, or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. Highway shall have the same meaning as defined in Section 360 of the Vehicle Code. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(e) Seismic work on highways and bridges pursuant to Streets and Highways Code section 180.2.
(Reference: State CEQA Guidelines, § 15269.)

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-5 ©Best Best & Krieger LLP

3.08 FEASIBILITY AND PLANNING STUDIES.

A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt from CEQA. (Reference: State CEQA Guidelines, § 15262.)

3.09 RATES, TOLLS, FARES, AND CHARGES.

The establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by the City that the City finds are for one or more of the purposes listed below are exempt from CEQA.
(a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas.

When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares, or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed.
(Reference: State CEQA Guidelines, § 15273.)

3.10 PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY AND LESS THAN ONE MILE IN LENGTH.

Projects that are for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline and that are:
(a) in a public street or highway or any other public right-of-way; and (b) less than one mile in length

shall be exempt from CEQA requirements.
“Pipeline” includes subsurface facilities but does not include any surface facility related to the operation of the underground facility.

(Reference: Public Resources Code, § 21080.21.)

3.11 PIPELINES OF LESS THAN EIGHT MILES IN LENGTH.

Projects that are for the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline shall be exempt from CEQA requirements if all of the following conditions are met:

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-6 ©Best Best & Krieger LLP (a) The project is less than eight miles in length.
(b) Notwithstanding the project length, actual construction and excavation activities undertaken to achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time.
(c) The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to CEQA in the past 12 months. (d) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil.
(e) To the extent not otherwise expressly required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project.
(f) Project activities are undertaken within an existing right-of-way and the right-of-way is restored to its condition prior to the project.
(g) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.

If a project meets all of the requirements for this exemption, the person undertaking the project shall do all of the following:
(a) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of this exemption.
(b) Provide notice to the public in the affected area in a manner consistent with paragraph (3) of Public Resources Code section 21092(b).
(c) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.
(d) Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene- Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.

This exemption does not apply to a project in which the diameter of the pipeline is increased or to a project undertaken within the boundaries of an oil refinery.

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-7 ©Best Best & Krieger LLP For purposes of this exemption, the following definitions apply:

(a) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. “Pipeline” does not include the following:
(1) An interstate pipeline subject to Part 195 of Title 49 of the Code of Federal Regulations.
(2) A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
(3) A pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.
(4) Transportation of petroleum in onshore gathering lines located in rural areas.
(5) A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
(6) Transportation of a hazardous liquid by a flow line. (7) A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or in plant piping system associated with that facility. (8) Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation.

3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS.

CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops (Section D below).

A. General Requirements. The construction, conversion, or use of residential housing units affordable to low-income households (as defined in Local Guidelines Section 11.36) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied:
(1) The project is consistent with:

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-8 ©Best Best & Krieger LLP (a) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application was deemed complete; and
(b) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete.

However, the project may be inconsistent with zoning if the zoning is inconsistent with the general plan and the project site has not been rezoned to conform to the general plan;
(2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees; (4) The project site meets all of the following four criteria relating to biological resources:
(a) The project site does not contain wetlands;
(b) The project site does not have any value as a wildlife habitat; (c) The project does not harm any species protected by the federal Endangered Species Act of 1973, the Native Plant Protection Act, or the California Endangered Species Act; and
(d) The project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete;
(5) The site is not included on any list of facilities and sites compiled pursuant to Government Code section 65962.5;
(6) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps must have been taken in response to the results of this assessment:
(a) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements; or
(b) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements;

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-9 ©Best Best & Krieger LLP (7) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code (see Local Guidelines Section 11.28);
(8) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection; unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard;
(9) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties;
(10) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency;
(11) Either the project site is not within a delineated earthquake fault zone, or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard;
(12) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood; (13) The project site is not located on developed open space; (14) The project site is not located within the boundaries of a state conservancy; (15) The project site has not been divided into smaller projects to qualify for one or more of the exemptions for affordable housing, agricultural housing, or residential infill housing projects found in the subsequent sections; and
(16) The project meets the requirements set forth in either Public Resources Code sections 21159.22, 21159.23 or 21159.24.
(Reference: State CEQA Guidelines, § 15192.)
B. Specific Requirements for Agricultural Housing. CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria:
(1) The project either:

Local Guidelines for Implementing the
California Environmental Quality Act (2025) ACTIVITIES EXEMPT FROM CEQA

2025 City of Indian Wells Local Guidelines 3-10 ©Best Best & Krieger LLP (a) Is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen (15) years; or
(b) If public financial assistance exists for the project, then the project must be housing for very low-, low-, or moderate-income households and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least fifteen (15) years;
(2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group-living facilities for a total of forty-five (45) or fewer agricultural employees, and either:
(a) The project site is within incorporated city limits or within a census-defined place with a minimum population density of at least five thousand (5,000) persons per square mile; or (b) The project site is within incorporated city limits or within a census-defined place and the minimum population density of the census-defined place is at least one thousand (1,000) persons per square mile, unless the Lead Agency determines that there is a reasonable possibility that the project, if completed, would have a significant effect on the environment due to unusual
circumstances or that the cumulative effects of successive projects of the same type in the same area would, over time, be significant;
(3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of dormitories, barracks, or other group-living facilities, the project must not provide housing for more than twenty (20) agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000) persons per square mile, and is not more than five (5) acres in area for all other project sites.
(Reference: Pub. Resources Code, §§ 21084, 21159.22; State CEQA Guidelines, §§ 15192, 15193.)
C. Specific Requirements for Affordable Housing Projects in Urbanized Areas.

CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer