Indian Wells City Council
October 16, 2025

CITY COUNCIL
Meeting Agenda
Thursday, October 16, 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.

Live Stream: Regular meetings held in the City Hall Council Chamber are streamed live.

You can watch the meeting on any device or computer. Members of the public who wish to listen or watch the meeting may access the livestream during the regular meetings.

LIVE STREAM CLICK HERE.

Public Comments: Members of the Public who wish to speak should fill out a blue slip and submit it to the City Clerk, comments are limited to three (3) minutes. In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction. If you are unable to provide comments during meeting, written comments on agenda or non-agenda items or both, may be submitted at [email protected] an hour prior to the start of the meeting.

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 Presentation of Proclamation Honoring Shree Goradia Merchant and the Rotary Club of Namaste Nexus
C.2 Riverside County Fire Department Quarterly Update by Division Chief Mike Beverlin
C.3 Introduction of Special Enforcement Deputy Austin Travis Cook and Riverside County Sheriff Quarterly Update by Special Enforcement Team Deputy Peter Prajin
C.4 Department of Animal Services Presentation by Director Mary Martin C.5 Hidden Harvest Presentation by Executive Director Francisco Linares D.PUBLIC COMMENTS
Members of the public who wish to speak on Consent Calendar items or items not listed on the agenda may do so at this time. Public comments are limited to three (3) minutes per speaker. Speakers will be alerted when their time is up and are asked to promptly return to their seats. No further comments will be permitted after the allotted time.

Please note that while the City Council values public input, it cannot take action or engage in discussion on items not listed on the agenda.

However, the Council may refer matters raised during public comment to staff for review, follow-up, as appropriate.

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

F.CITY ATTORNEY REPORTS AND COMMENTS
Council Meeting Agenda- October 16, 2025

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 Cost-Sharing Agreement between the City of Indian Wells and the City of Palm Desert for the Fred Waring Drive Rehabilitation Project 12 RECOMMENDED ACTIONS:

Council APPROVES and AUTHORIZES staff to develop and execute a cost-sharing agreement between the City of Indian Wells and the City of Palm Desert for the rehabilitation of Fred Waring; and FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

G.2 Supplemental Appropriation to Kimley-Horn for Surveying and Preparation of Final Maps
28 RECOMMENDED ACTIONS:

Council APPROVES supplemental appropriation with Kimley-Horn in the amount of $44,750 for the cost to complete Final Map services; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

G.3 Supplemental Appropriation for the Purchase and Installation of an ADA Compliant Bench and Table Along an Accessible Route at Fairway Park
30 RECOMMENDED ACTIONS:

Council APPROVES supplemental appropriation in the amount of $30,000 in Public Art Funds to add a seating area that is fully ADA compliant at Fairway Park; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

Council Meeting Agenda- October 16, 2025

G.4 Supplemental Appropriation for Coachella Valley Rescue Mission and Martha’s Village & Kitchen
32 RECOMMENDED ACTIONS:

Council APPROVES Supplemental Appropriation in the amount of $130,000 to support the Coachella Valley Rescue Mission and Martha’s Village & Kitchen; and
AUTHORIZES the allocation of $120,000 from the Homelessness Grant Funding program with each organization receiving a total of $125,000 comprised of $60,000 from Homelessness Grant Program and $65,000 from the Supplemental Appropriation; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines Section 15061(b)(3).

G.5 Governance Ad Hoc Committee Update 35
RECOMMENDED ACTIONS:

Council RECEIVES and FILES informational Governance Ad Hoc Committee Update; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.6 Resolution Amending the City Council Policy Manual Section

2.11.010 Budget Expenditures and Reimbursement and Section

3.01.030 Placing Items on the Agenda
37 RECOMMENDED ACTIONS:

Council ADOPTS Resolution amending Sections of the City Council Policy Manual relating to Council Member Budget Expenditures and Reimbursements and Placing Items on the Agenda; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

Council Meeting Agenda- October 16, 2025

G.7 Golf Advisory Committee Project Requests 48
RECOMMENDED ACTIONS:

Council APPROVES the Golf Advisory Committee Project Requests; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.8 Implementationof a Virtual Option (1) for Resident Benefit Card Program
50 RECOMMENDED ACTIONS:

Council APPROVES the Implementation of a Virtual Option (1) for Resident Benefit Cards (RBCs), while continuing to provide Residents with the option of a physical card consistent with existing practices; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines Section 15061(b)(3).

G.9 Introduction of an Ordinance to Adopt by Reference the2025 California Building Standards and Fire Codes with Local Amendments
55 RECOMMENDED ACTIONS:

Council INTRODUCES and WAIVES the first reading of the ordinance repealing and recasting Title 16 of the Indian Wells Municipal Code; adopting by reference the 2025 Edition of the California Building Standards Code (California Code of Regulations, Title 24) and related uniform codes; and
APPROVES the ordinance to be brought back for second reading, public hearing, and adoption on November 6, 2025; and
FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

Council Meeting Agenda- October 16, 2025

G.10 City Treasurer’s Report for June 2025 249
RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for June 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 item listed under Public Hearing Items, the public will have an opportunity to speak. Following the staff report, the Mayor will open the hearing. The applicant may present their case in up to five (5) minutes. Members of the public may speak for three (3) minutes each; if many wish to speak, the Mayor may reduce the time to two (2) minutes to accommodate more participants.

Council Members may ask questions during public testimony, which will not count against the speaker’s time. After all public comments, the applicant will have three (3) minutes to respond or provide rebuttal. The Mayor will then close the hearing, and the Council will deliberate and may take action.

H.1 Resolution Amending the Amount of the DUI Driver and Vehicle Impound Cost Recovery Fee Pursuant to Chapter 10.25 of the Indian Wells Municipal Code
268
RECOMMENDED ACTIONS:

Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and
ADOPTS Resolution amending the amount of the DUI Driver and Vehicle Impound Cost Recovery Fee pursuant to Chapter 10.25 of the Indian Wells Municipal Code; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

Council Meeting Agenda- October 16, 2025

H.2 Commercial Kitchen Fire Compliance Assessment Program 282 RECOMMENDED ACTIONS:

Council OPENS the public hearing, takes any public testimony, CLOSES the public hearing; and
APPROVES the implementation of a new commercial kitchen fire compliance assessment program; and
FINDS this action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

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 Amendment to Employment Agreement for City Manager 292 RECOMMENDED ACTIONS:

Council APPROVES Seventh Amendment to the Employment
Agreement for City Manager Dr. Christopher Freeland; and FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

I.2 Funding Request from Eisenhower Health for Trauma Center Upgrade
323
RECOMMENDED ACTIONS:

Council CONSIDERS the $1.0 million funding request from Eisenhower Health to support the hospital’s effort to elevate its trauma center designation; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

Council Meeting Agenda- October 16, 2025

I.3 Summary of Actions related to the 2025 City Council Strategic Plan 349 RECOMMENDED ACTIONS:

Council DISCUSSES the actions taken to effectuate the 2025 City Council Strategic Plan; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines Section 15061(b)(3).

I.4 Branding Ad Hoc Recommendations – City Seal, Color Palette, Mission and Vision Statement
380
RECOMMENDED ACTIONS:

Council REVIEWS and APPROVES the various recommendations of the Branding Ad Hoc Committee; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines Section 15061(b)(3).

I.5 Consideration of a Reimbursement Program for Local Businesses to become Autism Certified through the International Board of Credentialing and Continuing Education Standards
386
RECOMMENDED ACTIONS:

Council provides DIRECTION on the Indian Wells Autism Certification Reimbursement Program (IW-ACRP); and
AUTHORIZE the City Manager to execute all documents required to effectuate the program; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

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.

Council Meeting Agenda- October 16, 2025

J.1 COUNCIL MEMBER SANDERS
Coachella Valley Animal Campus
Coachella Valley Clean Air Ad Hoc Committee
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
Coachella Valley Clean Air Ad Hoc Committee
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
Branding Ad Hoc Committee
CVAG Homelessness Committee
CVAG Public Safety Committee
CVAG Transportation Committee
Governance Ad Hoc Committee
Indian Wells Golf Resort Advisory Committee
Riverside County Transportation Commission
Southern California Association of Governments
Council Meeting Agenda- October 16, 2025

J.4 MAYOR PRO TEM REED
CVAG Conservation Commission
CVAG Energy & Sustainability Committee
Desert Recreation District
Governance Ad Hoc Committee
Indian Wells Marketing Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
J.5 MAYOR WHITMAN
Branding Ad Hoc Committee
California Joint Power Insurance Authority (JPIA)
Coachella Valley Children's Museum
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
Council Meeting Agenda- October 16, 2025

K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on November 6, 2025 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on October 10, 2025 I caused to be posted a notice of a City Council Meeting to be held on October 16, 2025 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [ https://www.cityofindianwells.org]
________________________
Angelica Avila, MMC, City Clerk
Council Meeting Agenda- October 16, 2025

Indian Wells
Fire Department
Quarterly Report

C AL F I RE / R I V E RS I D E C O U N T Y F I R E

D E PA R T M E N T

D I VI SION C H I EF M I KE B E VERLI N
City Council Meeting:

October 16, 2025 - Presentation
Item C.2

Presentation
Breakdown of calls in Indian Wells:
07/01/25 to 09/30/25
Previous Years Comparison
Significant Incident in Indian Wells

3rd Quarter Call
Breakdown:
*Medical Based Calls
(184)
*False Alarms (62)
*Traffic Collisions (10)

RANCHO MIRAGE
STATION 71

PALM DESERT
STATION 33
44,
STATION 67
•
•
•
•
•
•
•
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•
• • 0 j
•
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• • • t
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� ITT O W. • •
f••• N . •�'
• •
• •
INIaLAN WELLS
• ••
• •
••• elbelp
• �•• .
•• sip
Bermuda Dune!.

STATION 93

LA QU IN TA
STATION 32
4n1 Ave.

STATION 8i4j
IN DIO
4,1
STATION 8t

Comparison of
call volume for
the same
quarter
previous years:
2024 comparison total number of calls
for service: 254
2025 comparison total number of calls
for service: 305
Overall increase in calls for service:
20% from 2024
2023 comparison total number of calls
for service: 289

Riverside County Fire Department/ CAL FIRE
Significant Incident Report Form for City of Indian Wells BiII Weiser
Fire Chief
Incident Description
Incident Number:

Incident Name:

Incident Location:

Incident Area:

Total Lost:

Activated:
25CARRU112682
Cove
45355 Santa Fe Cove Drive
Indian Wells
$1.900,000.00
None Reported
Incident Date:

Acres Burned:

Occupancy:

Fire Cause:

Total Saved:
7/17/2025 12:30:00PM
0 Single Family Residence
Undetermined
$30,000.00
Comments/Narrative
CAL Fire/Riverside County Firefighters responded to a reported house fire at the above location. The first arriving Company Officer reported a large single -story house with heavy fire throughout the structure. Due to the weather conditions. and the volume of fire there was a significant augmentation of resources ordered to support the firefight. Fire personnel were able to keep the fire to the house of origin. There was one injury to a firefighter who was transported to a local emergency room in moderate condition_ There were no reported injuries to civilians As a result of the fire 4 adults and 3 children were displaced. Red Cross has been requested. The cause of the fire remains undetermined at the time of this report.

Injuries
Minor
Moderate
Major
Fatalities
Civilian:

Fire Fighter:
0 0
0 0
0 0
Evacuations/Displaced
Total
Children
Adults
4 Resources
First Due Station: 55 Indian Wells
Engines:

Truck Co's:

Squads:

Medic Unit:
12 2
1 3
Ambulance - Air:

Ambulance - Grd:

Breathing Support:
0 Haz Mat Units:
0 Water Tenders:
1 Bulldozers:
0 0
0 Incident Duration:

Air Attacks: 0
Air Tankers: 0
Helicopters: 0
Chief Officers:

Firefighters:

Fire Crews:

Overhead Pers:
1 53
0 0
Cooperating Agencies
Red Cross
Southem California Edison
Southem California Gas
RSO

Questions?

Riverside Sheriff –Indian Wells
City Council Meeting:

October 16, 2025 - Presentation
Item C.3

Riverside Sheriff –Indian Wells
3305 File Numbers
•654 Calls for Service End of 1st Quarter
•2649 Self-initiated File Numbers End of 1st Quarter
•38 Total Arrests Made End of 1st Quarter
•6 DUI Arrests End of 1st Quarter
•0 Public Intoxication Arrests End of 1st Quarter
•20 Warrant Arrests End of 1st Quarter
•2004 Area Checks Conducted End of 1st Quarter

Riverside Sheriff –Indian Wells
Traffic Collisions –End of 1st Quarter
0 Fatal
•0 Major injury
•2 Minor-injury
•24 Non-injury
Traffic Citations 552 End of 1st Quarter
•6 DUI Arrests End of 1st Quarter

Riverside Sheriff –Indian Wells
Uniform Crime Reporting Data Year End Comparison
Crime 2023 YE 2024 YTD 2025 Q1
Homicide 0 0 0
Rape 1 1 0
Robbery 0 1 0
Aggravated Assault 8 11 3
Total Violent Crimes 9 13 3
Burglary 13 8 1
Auto Theft 1 1 1
Larceny*55 34 0
Total Property Crimes 69 43 4
Total Part 1 Crimes 78 55 5
* Includes vehicle burglaries

Notable Cases/Operations
Case: J25-198-0017Type: Embezzlement / Grand Theft / False Report Summary: Investigation revealed a property manager diverted more than $340,000 in client trust funds to cover personal and business expenses, later reporting the loss as “bank fraud.” Evidence supported violations of PC §503 (Embezzlement), §484/487 (Grand Theft), §148.5 (False Report), and 18 U.S.C. §1343 / §157 (Wire and Bankruptcy Fraud).The case was forwarded to the District Attorney’s Office and the Department of Real Estate for review. The investigation also led to the closure of related fraud cases in Rancho Mirage and Palm Desert through coordinated efforts by the Indian Wells Special Enforcement Team.

Case: J25-150-0030Type: Organized DMV Fraud / Identity Theft Summary: An investigation uncovered a large-scale fraud network using social media and payment apps to sell fake DMV registration and utility services. Over 300 fraudulent transactions were identified, with losses exceeding $160,000. Warrants confirmed the suspect’s digital accounts and DMV links, supporting violations of PC 484g (Access Card Fraud), PC 530.5(a) (Identity Theft), PC 502(c)(1) (Computer Fraud), PC 487 (Grand Theft), PC 182(a)(1) (Conspiracy), and VC 20 (False Statements to DMV).The case was submitted to the District Attorney’s Office and resulted in closure of connected fraud cases in Palm Desert and Rancho Mirage through joint investigative work.

Case: J25-044-0035Type: Business Email Compromise / Wire Fraud Summary: A local contractor lost $79,105 after fraudulent emails redirected vendor payments to an unauthorized business account. Search warrants confirmed the suspect’s control of the account and withdrawal of the funds. Violations included PC 530.5 (Identity Theft), PC 532 (False Pretenses), and 18 U.S.C. §1343 (Wire Fraud).The case was forwarded to the District Attorney’s Office for filing, with federal coordination through the FBI Cybercrime Unit and IC3.

Case: J25-260-0040Type: Residential Burglary / False Personation / Identity Theft Summary: Deputies responded to a hotel burglary where surveillance showed a suspect entering without luggage and leaving with a stolen suitcase. Both involved parties were detained nearby in possession of stolen property and provided false identification during arrest. Follow-up investigation connected the incident to a prior 2023 vehicle theft involving stolen personal identifiers used in the impersonation. Charges included PC 459 (Burglary), PC 530.5 (Identity Theft), PC 529(a)(3) (False Personation), PC 182(a)(1) (Conspiracy), and H&S violations. The case led to the closure of related fraud and theft investigations in Rancho Mirage and Palm Desert.

Case: J25-084-0034Type: Cargo Theft / Identity Theft / Conspiracy Summary: A FILA USA freight load worth over $500,000 was stolen after pickup from the Indian Wells Tennis Garden. The shipment was diverted to Chatsworth, where it was off-loaded into box trucks. Digital evidence confirmed continued use of a stolen carrier identity to obtain additional freight and participation in a broader multi-jurisdictional cargo-theft network.Probable cause supported PC 487h(a) (Cargo Theft), PC 530.5 (Identity Theft), PC 532 (False Pretenses), and PC 182(a)(1) (Conspiracy).Outcome: The suspect was arrested and booked into the John Benoit Detention Center (JBDC). The case was forwarded to the District Attorney’s Office, and related cargo-theft investigations in Rancho Mirage and Palm Desert were also closed through coordinated efforts by the Indian Wells Special Enforcement Team.

Department of Animal Services
Riverside County
City Council Meeting:

October 16, 2025 - Presentation
Item C.4

About Animal Services
Mission
Working together to improve Riverside County for
people and animals
•Operate 4 shelters across Riverside County
•217 budgeted positions- not including TAP
•Serve 1.3 millon people including 16 contract cities
and the unincorporated county
•Cover 90% of the county’s 7,303sq miles
•Provide services for 15 contract cities

Field Services
Shelter Services
Veterinary Services
Administration
Animal Services Divisions

2024 Data
31,470 Animal Intakes
14,075 Dogs and Cats
Spayed or Neutered
Responded to 40,073 Calls
4,673 Pets Supported
Live Release Rate 71.6%
Currently 77.98% fytd 2025
20,688 Animals Saved

5Coachella Valley Animal C a m p u s Commission
Indian Wells Data
Animal Intake 2024
31 total
Field Activities
•66 initial calls
•155 total responses
•Majority of the calls regarding
injured wildlife
•5 potential animal cruelty calls

Field Services
•Community service driven
•Animal cruelty investigations
•Humane animal law
enforcement
•Emergency response
Before After
Before After

Shelter
Services
•Animal Care for more
than 30,000 animals
per year
7 •Pet Support
•Adoptions
•Rescue
•Foster
•Animal Enrichment
•Transports
Life Saving Programs

9Coachella Valley Animal C a m p u s Commission
2024
2025
Best Friends
Animal
Sanctuary:
83 Ca ts sent to
Utah in 2025!
Out-of-State Lifesaving Destinations
On the way to
Arizona:

This mother and
her 7 puppies!
Almost There: A
M o m + P u p s
R esc ue

Larry Rudolph
Volunteer of the Year
Volunteers
700 active volunteers with more than 22,000 hours in 2024

Veterinary Services

Communications Highlights

The Daily
Dashboard

HR - New Hires Hiring 38 new
lifesaving positions
this fiscal year!
To support:
•A dedicated adoption
team
•Animal Enrichment
•Rescue
•Foster
•Pet support

DIBS Program
You can now place holds on
animals for adoption!
Coachella Valley Animal C a m p u s
C o mmi ss ion 15

N EW HOURS
N EW • ' S
N EW S
BEGINNING OCTOBER 2, 2025
Tuesday - Friday Ill A.M. - 6 P.M.

Saturdays & Sundays 110 A.M. - 4 P.M.

Closed Mondays

The Road to No-Kill… The Next Big Step

We want to hear from you…
Mary Martin
Director of Animal Services
(951) 608-4998
[email protected]
Kimberly Y o u n g b e r g
Assistant Director
(951) 368-7173
[email protected]

FREE, FRESH PRODUCE FOR OUR NEIGHBORS IN NEED
City Council Meeting:

October 16, 2025 - Presentation
Item C.5

Who Is Hidden Harvest?

Acquiring produce from:Local Packing Houses

BELK FARM -OCEAN MIST -PETER RABBIT -CAL ORGANIC -RANCHO D-LUX

Acquiring produce from:Local Small Farmers

PARTNERING WITH LOCAL SMALL FARMERS BY PURCHASING THEIR SEASONAL HARVESTS

Giving FREE, Fresh Produce to:Senior Markets
FARMERS MARKET STYLE POP UPS —COACHELLA,INDIO,LA QUINTA,INDIAN WELLS,

RANCHO MIRAGE,PALM SPRINGS,CATHEDRAL CITY,THERMAL,MECCA,NORTH SHORE

Giving FREE, Fresh Produce to:Community Partners
BOYS &GIRLS CLUBS,YMCA’S,JOSLYN CENTER,CVRM,TODEC,FATHERS HEART RANCH,DESERT RECREATIONDISTRICT,FIND,GALILEECENTER,F.I.S.H.,FIELDWORKERS,CVVIM,&MORE.

You’re Invited!
MORE INFO -HIDDENHARVEST.ORG

THANK YOU

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: Public Works Department
Prepared by: Dina Purvis, Interim Public Works Director Subject: Cost-Sharing Agreement between the City of Indian Wells and the City of Palm Desert for the Fred Waring Drive
Rehabilitation Project

RECOMMENDED ACTIONS:

Council APPROVES and AUTHORIZES staff to develop and execute a cost-sharing agreement between the City of Indian Wells and the City of Palm Desert for the rehabilitation of Fred Waring; and

FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

BACKGROUND:

The Fred Waring Drive Rehabilitation Project involves comprehensive pavement rehabilitation, new striping, signage, and sidewalk/ADA ramp upgrades, along Fred Waring Drive from Deep Canyon Drive on the West to Washington on the East. Fred Waring Drive is the boundary between the cities of Indian Wells and Palm Desert. This critical east-west arterial serves as a major commuter corridor, impacting traffic flow, access, and infrastructure quality for residents and visitors of both cities. The north side of Fred Waring Drive is generally within the City of Palm Desert and the south side within the City of Indian Wells. The City of Indian Wells will assume the lead agency role on the project, with construction slated for the Summer of 2027.

The current condition of the pavement in the relevant segment has deteriorated due to age, traffic volume, and weather exposure, necessitating this rehabilitation to maintain regional mobility and safety. Both cities agree it is necessary to rehabilitate Fred Waring Drive. Given the shared interest and benefits, a cooperative approach through a Cost- Sharing Agreement (CSA) is the most efficient and fiscally responsible method for implementing this essential capital improvement project. The proposed CSA formalizes the collaboration between Indian Wells and Palm Desert, outlining the responsibilities and financial contributions of each municipality.

Council Meeting Agenda- October 16, 2025

Approving the CSA offers several advantages:
 Fiscal prudence: Sharing the financial burden significantly reduces the impact on Indian Wells' Capital Improvement Budget compared to undertaking the project unilaterally.
 Regional Cooperation: Establishes a precedent for future inter-jurisdictional infrastructure improvements, fostering stronger working relationships with neighboring cities.
 Timely Improvement: By pooling resources, the project can proceed more quickly than if each city attempted to fund and manage its respective segments independently.
 Uniformity and Quality: Ensures a seamless and consistent level of rehabilitation and quality across the entire project segment, regardless of the jurisdictional line.  Regional Impact: By combining efforts, the disruption to this regional thoroughfare only occurs once, instead of separate projects that would extend the duration of construction disturbance.

CITY COUNCIL STRATEGIC GOAL:

This agreement furthers the City Council Strategic Goal #2, Fiscal Responsibility and Sustainability, by expanding project partnerships to Expand Fiscal Efficiency.

OPTIONS:

The City Council has the following options:

1. Authorize city staff to develop and execute a cost sharing agreement between Indian Wells and Palm Desert, upon mutual approval by the City of Palm Desert.

2. Do not approve the cost sharing agreement between Indian Wells and Palm Desert.

3. City Council can provide alternative directions.

FISCAL IMPACT:

The CSA proposes a split of projects costs of 60% Indian Wells, 40% Palm Desert. This calculation is based on the square feet of right-of-way involved. The currently approved Capital Improvement Budget sets aside a total of $2,200,000 for the project, Account No. 3169338 673100.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that action is nonetheless

Council Meeting Agenda- October 16, 2025

exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (15061(b)(3).)

ATTACHMENTS:

1. Cooperative Agreement PD/IW

Council Meeting Agenda- October 16, 2025

COOPERATIVE AGREEMENT FOR DESIGN AND REHABILITATION OF

FRED WARING DRIVE
This COOPERATIVE AGREEMENT FOR DESIGN AND REHABILITATION OF FRED WARING DRIVE (hereinafter "Agreement") is entered into this __ day of __ 2025 between the City of Indian Wells, a municipal corporation and charter city, referred to herein as "Indian Wells," and the City of Palm Desert, a municipal corporation and charter city, referred to herein as "Palm Desert." Indian Wells, and Palm Desert are collectively referred to in this Agreement as "Contracting Parties" or "Parties."

1.RECITALS

1.1 WHEREAS, the Parties desire to cooperate on the planning and construction of certain roadway improvements that provide benefits to the residents of each party and the general motoring public on Fred Waring Drive from Deep Canyon Road to Washington Street.

The roadway improvements shall consist of Crack Sealing, Patching, Applying Type II Rubberized Slurry Seal, Grind and Overlay, Striping and other associated work hereinafter referred to as "Project". The location of Project is shown in Exhibit “A”, attached hereto and incorporated herein by this reference.

1.2 WHEREAS, the Project is within the jurisdictional boundaries of the Parties, as shown in Exhibit “A”;

1.3 WHEREAS, the Parties desire to cooperate and jointly participate in implementing and funding the Project;

1.4 WHEREAS, the Parties desire to have one agency take the lead role in the development and implementation of the Project, to coordinate the improvements, and to reduce overall costs;

1.5 WHEREAS, Indian Wells has been designated as the lead agency for the Project and Indian Wells will therefore provide the administrative, technical, managerial, and support services necessary to develop and implement the Project; and

1.6 WHEREAS, the Parties desire to define herein the terms and conditions under which said Project is to be administered, coordinated, constructed, managed, and financed.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained, the Parties agree as follows:

2.0 SCOPE OF AGREEMENT

2.1 Scope. In compliance with all terms and conditions of this Agreement, Contracting Parties hereby agree to design and rehabilitate Fred Waring Drive, from Washington Street to Deep Canyon Road("Project"), depicted in Exhibit "A" attached hereto and incorporated herein by reference. The cost of proposed improvements to design and construct the Project is specified in the Project Estimate in Exhibit "B" attached hereto and incorporated herein by reference ("Project Cost"). Parties hereby agree that design and construction of the Project will be publicly advertised for proposals from professional services firms for plans and specifications and publicly bid to construction contractors and subcontractors (collectively referred to herein as "Contractors"), and thus subject to all California laws governing publicly bid projects. Contracting Parties hereby agree that the City of Indian Wells shall be the lead agency regarding the Project and shall be responsible for the public bidding process and completion of all Project components, and that Palm Desert shall reimburse Indian Wells for 40% of the Project Cost, excluding the items in Section 3.2, in accordance with the terms of this Agreement.

ATTACHMENT #1

Council Meeting Agenda- October 16, 2025

2.2 Compliance with Law. The Project contemplated herein shall be paid for and constructed in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.

2.3 Wage and Hour Compliance. Contracting Parties shall require all Contractors to comply with applicable Federal, State, and local wage and hour laws for the Project.

2.4 Licenses, Permits, Fees and Assessments. Contracting Parties shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Project, and Contractors shall be responsible to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Project.

2.5 Familiarity with Project. Any Contractor shall warrant that they (a) have thoroughly investigated and considered the Project to be performed, (b) have investigated the site where the Project is to be constructed and fully acquainted with the conditions there existing, (c) have carefully considered how the Project should be completed, and (d) fully understand the facilities, difficulties, and restrictions attending completion of the Project.

2.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Parties shall fund and construct the Project as depicted in Exhibit "A" herein and the Project Cost in Exhibit "B" herein. If any additional work is required in addition to the work specified in Exhibit "B," ("Additional Work"), Contracting Parties shall not authorize any Contractor to perform such Additional Work until receiving prior written authorization from all Contracting Parties.

Any Additional Services required shall be approved in advance, in writing by both parties and paid for in proportional shares (i.e., 60% for Indian Wells, 40% for Palm Desert,) upon obtaining written authorization for such Additional Services from all Contracting Parties.

If it is determined that a cost overrun exceeding 15% of the construction bid will occur, the Contracting Parties shall endeavor to negotiate in good faith among each other and with any Contractor to agree upon an alternative course of action.

All contract change orders which individually or cumulatively exceed 15% of the bid price as described in Exhibit "B" for the relevant contract bid items shall be submitted to Palm Desert for review and approval prior to authorization by Indian Wells to Contractor.

2.7 Responsibility for Operations and Maintenance Following Project Completion. Upon completion of the Project, the Contracting Parties shall assume maintenance responsibilities for the improvements within the respective jurisdictions of the Contracting Parties. Notwithstanding, any agreement(s) in place prior to this Agreement shall remain in full force and effect in accordance with the terms and provisions of those preexisting agreements.

Council Meeting Agenda- October 16, 2025

3.0 PAYMENT OF COSTS

3.1 Contract Sum. For the Project contemplated by this Agreement, Contracting Parties shall agree on a combined total price ("Project Cost"), as described in more detail in Exhibit "B." The City of Indian Wells shall contribute 60% of the Project Cost, the City of Palm Desert shall contribute 40% of the Project Cost, subject to the following terms.

Indian Wells shall be responsible for entering into the necessary professional services agreements and public works contracts to complete the project.

For professional service agreements for project design, Palm Desert shall deposit with Indian Wells 40% of the total cost within 30 days of the date of the agreement.

For professional service agreements for construction management, inspection and testing, Palm Desert shall deposit with Indian Wells 40% of the total cost within 30 days of the completion of the project.

For public works contracts, Palm Desert shall, within 30 days of the date of the contract, deposit with Indian Wells 40% of the total cost of the contract.

Any Additional Services required shall be paid for in proportional shares pursuant to Section 1.6.

4.0 COORDINATION OF WORK

4.1 Representative of Contracting Party. The following principals of Contracting Party ("Representatives") are hereby designated as being the representatives of each Contracting Party authorized to act in its behalf with respect to the Project specified herein and make all decisions in connection therewith:

Ken Seumalo, P.E.

Public Works Director
City of Indian Wells
E-mail: [email protected]

Randy Chavez
Director of Public Works
City of Indian Wells
Email: [email protected]

The foregoing Representatives shall be responsible during the term of this Agreement for directing all activities of their respective Contracting Party. For purposes of this Agreement, the foregoing Representatives may not be changed without the approval of all Contracting Parties, which approval shall not be unreasonably withheld or denied.

4.2 Contracting Party Responsibilities. In furtherance of this Agreement, and as the Page 17 of 387 Council Meeting Agenda- October 16, 2025

lead agency for the Project, Indian Wells hereby agrees to complete the following tasks in addition to its responsibility to pay 60% of the Project Cost. (a) To prepare Plans, Specifications and Estimates (PS&E) for the Project. PS&E shall be prepared in accordance with the standards and practices of Indian Wells and all applicable laws and regulations. Plan sheets for Palm Desert portions shall be prepared in accordance with the standards and practices of the City of Palm Desert.

(b) To prepare final design documents and drawings for the Project by or under the direction of a Civil Engineer registered and licensed in the State of California. Such specifications, plans and reports shall bear the professional seal, certificate and signature of the professional engineer responsible for their preparation. To provide Palm Desert a copy of the low bid received for the project to review and approve.

Palm Desert shall notify Indian Wells in writing of approval or comments within 10 days of receipt of the low bid package. Approval of the low bid shall not be unreasonably withheld or denied. Failure by Palm Desert to submit written comments timely within 10 days of receipt shall be deemed an approval of the low bid and all related bid documents.

(c) To apply for a no fee encroachment permit for work within the Palm Desert street rights-of-way, in accordance with Palm Desert standard permit procedures; provided however, that Palm Desert agrees to cooperate in the issuance of any other required permits necessary for the Project.

(d)To administer public works contract change orders for construction , construction management and inspection of the Project.

(e) To retain or cause to be retained for audit by Palm Desert for a period of three (3) years from the date of final payment, all records and accounts relating to construction of the Project.

(f) Upon completion of the Project, to furnish Palm Desert a complete set of full- sized reproducible "Drawing of Record" plans.

(g) Within sixty days of completion of the Project, provide a final accounting of the Project and invoice (or refund) to Palm Desert for the Contracting Agency's portion of the Project Cost.

(h) In construction of the Project, Indian Wells will furnish or contract for a representative to perform the function of "Resident Engineer," and Palm Desert hereby reserves the right to provide a representative to assist the Resident Engineer.

Should Indian Wells contract for a Resident Engineer, the parties shall interview candidates, and the candidate selected to serve as Resident Engineer shall be approved by the parties. Representatives from Palm Desert may consult with Indian Well’s Resident Engineer; however, Indian Wells’ Resident Engineer's decision shall be considered final.

Palm Desert hereby agrees to issue, free of charge, upon application by Indian Wells or any employee, agent, or contractor of Indian Wells, the necessary encroachment permits for required work within the Contracting Party’s Street right-of- way associated with the Project.

Council Meeting Agenda- October 16, 2025

4.3 Independent Contractor. The Parties hereby acknowledge that neither Contracting Parties nor any employees of Contracting Parties shall have any control over the manner, mode, or means by which Contractor and its agents and employees perform the services contemplated in the Project Cost, except as otherwise set forth herein. Contracting Parties shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services for the Project hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services for the Project shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by Contracting Parties, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of.

Contracting Parties and entitlement to any contribution to be paid by Contracting Party for employer contributions and/or employee contributions for PERS benefits.

5.0 INDEMNIFICATION

5.1 Indemnification by Indian Wells. Indian Wells agrees to indemnify, defend and hold harmless Palm Desert, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Indian Well’s performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Palm Desert, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

5.2 Indemnification by Palm Desert. Palm Desert agrees to indemnify, defend and hold harmless Indian Wells, and their respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property damage) arising from Palm Desert's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are . caused by the negligence or willful misconduct of Indian Wells, in their respective comparative amounts as established by a court of competent jurisdiction or otherwise stipulated by the Contracting Parties.

5.3 Indemnification from Contractor. Contracting Parties shall require each and every Contractor performing work for the Project to indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Contracting Parties for that work performed on the Project by the Contractor.

5.4 Insurance from Contractor. Contracting parties shall require each and every Contractor performing work for the Project to procure and maintain policies of insurance typically required for projects of a similar size and scope. All liability policies shall provide, or be endorsed to provide, that each Contracting Party be named additional insured.

6.0 RECORDS AND REPORTS.

6.1 Records. Contracting Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the Project ("Books and Records") for three (3) years following completion of the Project. Any Page 19 of 387 Council Meeting Agenda- October 16, 2025

and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed.

The Contracting Parties shall have full and free access to such Books and Records of any other Contracting Party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared for the Project (the "Documents and Materials") shall be the joint property of all Contracting Parties. Any Contracting Party shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose.

7.0 ENFORCEMENT OF AGREEMENT.

7.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, ormatter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action.

7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the remaining Contracting Parties in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten(10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice or as soon thereafter as practicably may be accomplished, provided that if the default is an immediate danger to the health, safety, or general welfare, the injured party may take such immediate action as deemed warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action n the event that the dispute is not cured.

7.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. Contracting Parties' consent or approval of any act by any other Contracting Party requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of Contracting Party. Any waiver by any Contracting Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Contracting Parties are cumulative and the exercise by any party of Page 20 of 387 Council Meeting Agenda- October 16, 2025

one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party.

7.5 Legal Action. In addition to any other rights or remedies, any party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory. or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.6 Attorneys' Fees. If any Contracting Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by such Contracting Party for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

8.0 CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.

8.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of any Contracting Party shall be personally liable to any Contracting Party, or any successor in interest, in the event of any default or breach by any Contracting Party or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Contracting Parties covenant that neither Contracting Parties, nor any officer or principal thereof, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Contracting Parties or which would in any way hinder Contracting Parties' performance of this Agreement. Contracting Parties agree to at all times avoid conflicts, of interest or the appearance of any conflicts of interest in the performance of this Agreement.

No officer or employee of any Contracting Party shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any local or State statute or regulation.

8.3 Covenant against Discrimination. Contracting Parties covenant that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not Page 21 of 387 Council Meeting Agenda- October 16, 2025

limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Parties shall take affirmative action to ensure employees and Contractor's employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

9.0 MISCELLANEOUS PROVISIONS

9.1 Notice. Any notice, demand, request, consent, approval, or communication any Party desires or is required to give to any other Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below.

Any Party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.

To City of Indian
Wells: CITY OF

INDIAN WELLS
Attention: City
Manager
44-950 Eldorado Drive
Indian Wells, CA
92210

To City of Palm
Desert: CITY OF

PALM DESERT
Attention: City Manager
73510 Fred Waring
Drive Palm Desert, CA
92260

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

9.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument

9.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous Page 22 of 387 Council Meeting Agenda- October 16, 2025

negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

9.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by all Contracting Parties. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives any Party.of the basic benefit of their bargain or renders this Agreement meaningless.

9.8 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

9.9 Authority. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties.

[SIGNATURES ON FOLLOWING PAGE]

Council Meeting Agenda- October 16, 2025

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF INDIAN WELLS,
a California Municipal Corporation

______________________________
Christopher J. Freeland
City Manager

ATTEST:

______________________________
Angelica Avila
City Clerk

APPROVED AS TO FORM:

_____________________________FOR
Best, Best & Krieger LLP
City Attorney

Council Meeting Agenda- October 16, 2025

CITY OF PALM DESERT,
a California Municipal Corporation

______________________________
Print Name:

City Manager

ATTEST:

______________________________
Print Name:

City Clerk

APPROVED AS TO FORM:

_______________________________
Print Name:

City Attorney

Council Meeting Agenda- October 16, 2025

Exhibit A
Project Improvement Map

Council Meeting Agenda- October 16, 2025

Exhibit B
Cost Estimate

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: Public Works Department
Prepared by: Dina Purvis, Interim Public Works Director Subject: Supplemental Appropriation to Kimley-Horn for Surveying and Preparation of Final Maps

RECOMMENDED ACTIONS:

Council APPROVES supplemental appropriation with Kimley-Horn in the amount of $44,750 for the cost to complete Final Map services; and

FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

BACKGROUND:

Kimley-Horn is a civil engineering firm on retainer with the City of Indian Wells to perform various public works and engineering services. Recently, Kimley-Horn was selected to initiate and complete land surveying and final map work for property lines between the Indian Wells Golf Resort, Renaissance Esmerelda, and Grand Hyatt. The completion of a final map provides clear legal description and property lines for recordable legal documents with the County of Riverside.

Kimely-Horn has an existing task order in the amount of $167,000 for this work. Since this additional work exceeds the current contract with Kimley-Horn, Council approval of a contract amendment is necessary to retain Kimley-Horn to complete necessary land survey and mapping services. These services are critical for the production of the recordable legal maps that will clear up and formalize current ambiguous land ownership, easement and boundary lines between the three key property owners The cost for the final mapping and recording process totals $44,750. The amount will be shared pro-rata between all participating parties.

OPTIONS:

The City Council has the following options:

1. Approve the supplemental appropriation – staff recommendation.

Council Meeting Agenda- October 16, 2025

2. Deny the supplemental appropriation.

3. City Council can provide alternative directions.

FISCAL IMPACT:

The charge for this service is $44,750. To fully fund this obligation, a supplemental appropriation from the General Fund, Account No. 1018201-532000, is required for Fiscal Year 2025-26.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that 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).)

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: Public Works Department
Prepared by: Dina Purvis, Interim Public Works Director Subject: Supplemental Appropriation for the Purchase and Installation of an ADA Compliant Bench and Table Along an Accessible Route at Fairway Park

RECOMMENDED ACTIONS:

Council APPROVES supplemental appropriation in the amount of $30,000 in Public Art Funds to add a seating area that is fully ADA compliant at Fairway Park; and

FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

DISCUSSION:

Fairway Park is the City's only neighborhood park, serving both residents and visitors.

While the park generally meets accessibility standards, a recent complaint lodged with the City identified a minor deficiency regarding the lack of an accessible bench and table.

Fairway Park features valuable amenities; however, enhancing accessibility by adding an ADA-compliant route presents an important opportunity to promote full inclusion. This proactive improvement will help ensure that individuals who use wheelchairs or other mobility devices can enjoy the park equally and comfortably.

The planned improvements involve the creation of an accessible route from the existing sidewalk loop and purchasing and installation of additional rock seating and table, matching the existing park seating, that is ADA compliant to enhance park amenities. The installation of these new amenities will require minor concrete work to create the necessary stable, firm, and slip-resistant surfaces for accessible pathways and the required clear ground space. The City’s Building Official, who is certified in ADA compliance will provide oversight to the improvements.

Council Meeting Agenda- October 16, 2025

OPTIONS:

The City Council has the following options:

1. Approve the supplemental appropriation to install inclusionary seating;

2. Deny the proposed project and supplemental appropriation; or

3. Provide alternative direction.

FISCAL IMPACT:

The funding for this supplemental appropriation in the amount of $30,000 is proposed to be drawn from the Public Arts Funds. Approved funding will allow staff to order materials quickly and complete the installation, minimizing disruption to parking usage.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that 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).)

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: City Manager Department
Prepared by: Catherine Manning, Management Assistant
Subject: Supplemental Appropriation for Coachella Valley Rescue Mission and Martha’s Village & Kitchen

RECOMMENDED ACTIONS:

Council APPROVES Supplemental Appropriation in the amount of $130,000 to support the Coachella Valley Rescue Mission and Martha’s Village & Kitchen; and

AUTHORIZES the allocation of $120,000 from the Homelessness Grant Funding program with each organization receiving a total of $125,000 comprised of $60,000 from Homelessness Grant Program and $65,000 from the Supplemental Appropriation; and

FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines Section 15061(b)(3).

BACKGROUND:

Martha’s Village & Kitchen and the Coachella Valley Rescue Mission (CVRM) are two cornerstone nonprofit organizations serving the Coachella Valley’s most vulnerable populations. Both provide essential services that address homelessness, poverty, and social instability through comprehensive, client-centered programs.

Martha’s Village & Kitchen offers a wide range of transformative services, including emergency shelter, food distribution, employment readiness, educational workshops, and access to healthcare. The organization’s mission is to empower individuals and families to achieve self-sufficiency through a holistic approach that fosters personal responsibility and long-term stability. Its work not only improves individual outcomes but also contributes to the overall health and resilience of the Coachella Valley.

Coachella Valley Rescue Mission (CVRM) provides critical emergency services such as hot meals, safe shelter, medical care, clothing, vocational training, and structured recovery programs. CVRM’s mission is rooted in restoring dignity and promoting self-reliance among those experiencing crisis. The organization collaborates with local agencies and partners to ensure a coordinated response to homelessness, contributing significantly to public safety and community well-being.

Council Meeting Agenda- October 16, 2025

DISCUSSION:

At the September 4, 2025, City Council meeting, the Council reaffirmed Indian Wells’ commitment to providing regional solutions to address homelessness in the Coachella Valley. As part of this effort, Indian Wells alongside other Coachella Valley cities contributed $125,000 to the Coachella Valley Association of Governments (CVAG) to support coordinated homelessness response initiatives.

In addition, the City pledged $125,000 each to Coachella Valley Rescue Mission and Martha’s Village & Kitchen to expand shelter and supportive services for individuals and families in need. Council specifically expressed interest in ensuring that the funding allocated to Martha’s Village & Kitchen be directed toward its partnership with the Palm Springs Navigation Center, a regional program that provides emergency housing and wraparound services. This targeted investment aligns with the City’s broader strategy to support impactful, collaborative programs that address both immediate needs and long - term stability for vulnerable populations.

The City continues to demonstrate its commitment to regional collaboration and compassionate service by supporting key nonprofit organizations addressing homelessness and poverty in the Coachella Valley. The recommended funding allocation of $250,000 with $125,000 each to Martha’s Village & Kitchen and the Coachell a Valley Rescue Mission will directly support shelter and wraparound services. Through strategic investments in the Grants-in-Aid and Homeless Services programs, Indian Wells is helping to build a more inclusive, stable, and resilient community across the region.

FISCAL IMPACT:

The total recommended funding allocation of $250,000 to support Martha’s Village & Kitchen and the Coachella Valley Rescue Mission will be funded through two sources:

 $120,000 from Homelessness Grant Funding (Housing Authority funds), and  $130,000 through a Supplemental Appropriation from the general fund.

Both organizations will receive $125,000, reflecting the City’s continued commitment to regional collaboration and direct support for homelessness services. This allocation is part of a broader investment strategy, with the City of Indian Wells dedicating over $500,000 in FY 2025–26 to support local nonprofit organizations providing essential services throughout the Coachella Valley.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting

Council Meeting Agenda- October 16, 2025

in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061 (b)(3).)

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Governance Ad Hoc Committee Update

RECOMMENDED ACTIONS:

Council RECEIVES and FILES informational Governance Ad Hoc Committee Update; and

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

DISCUSSION:

As part of the City Council’s strategic discussion held on April 16, 2025, the Governance Ad Hoc Committee (“Ad Hoc Committee”) was formed to review and recommend updates to various city processes and policies. The purpose of the Committee is to enhance transparency, improve operational efficiency, and ensure alignment with the City Charter.

The Ad Hoc Committee met on September 18, 2025, to begin its review and discussion of several governance-related topics. The A Hoc Committee discussed a range of governance-related topics, including Council procedures, greater use of Charter authority, committee appointments, and public engagement protocols.

The Ad Hoc Committee conducted a comprehensive review of various sections of the Council Policy. One key recommendation involves amending the process by which Council Members place items on the agenda. Under the current policy, Council Members must request the City Manager to add items. The proposed amendment would streamline this process by taking that step, allowing Council Members to place items directly. This change is included in the Policy updates for the October 16 Council meeting.

Additionally, the Ad Hoc Committee reviewed the procedures for Proclamation and Certificate requests. Presently, the Mayor reviews and authorizes these requests on behalf of the City and Council. Staff have been directed to draft a formal policy for Committee review, which will include clear guidelines and eligibility criteria for issuing proclamations and certificates.

Council Meeting Agenda- October 16, 2025

Other topics discussed included:
 The ordinance adoption process;
 The selection process for Council assignments to various internal and external committees;
 Rules of conduct and associated penalties, particularly as they relate to the resident benefit card;
 Attendance of Councilmembers to other internal committees or commission meetings; and
 Review of previous citywide ballot measures.

The Committee and staff will continue to provide updates and additional information as these items progress.

CITY COUNCIL STRATEGIC GOAL:

The Governance Ad Hoc Committee’s policy review reflects the Council’s dedication to good governance and its mission to serve the community with transparency, accountability, and continuous improvement. By refining internal processes from agenda item placement to ceremonial recognition, the Council is taking meaningful steps to ensure policies remain effective, inclusive, and aligned with community values. These efforts demonstrate a proactive approach to strengthening civic engagement and enhancing the quality of life in Indian Wells.

FISCAL IMPACT:

There is no fiscal impact.

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.

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Resolution Amending the City Council Policy Manual Section 2.11.010 Budget Expenditures and Reimbursement
and Section 3.01.030 Placing Items on the Agenda

RECOMMENDED ACTIONS:

Council ADOPTS Resolution amending Sections of the City Council Policy Manual relating to Council Member Budget Expenditures and Reimbursements and Placing Items on the Agenda; and

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

BACKGROUND:

The Council Policy Manual serves as a foundational document that outlines the rules and procedures governing the conduct of the City Council in managing official business and city operations. Its purpose is to promote transparency, ensure consistency in governance, and support efficient staff operations. To maintain its relevance and effectiveness, the Council conducts consistent reviews and updates the Manual as needed.

This process allows for the evaluation of current practices, identification of opportunities to improve administrative efficiency, implementation of changes that reflect evolving priorities or legal requirements, and enhancements to how the City conducts its legislative and administrative affairs. The most recent update to the Council Policy Manual w as adopted on July 2, 2025.

Council Meeting Agenda- October 16, 2025

DISCUSSION:

As part of its commitment to maintaining effective governance, the City Council has taken proactive steps to ensure that the Council Policy Manual remains efficient and aligned with the City mission. In addition to conducting annual reviews, the Council delegated the review of specific sections of the Policy Manual to the Finance Committee and formed a Governance Ad Hoc Committee.

These actions are intended to provide focused evaluation of policies that directly impact administrative operations and legislative procedures. By involving specialized Committees, the Council aims to improve clarity, streamline processes, and ensure that the Manual reflects current priorities, legal standards, and best practices in municipal governance.

Finance Committee Recommendation

At the direction of the City Council, the Finance Committee was tasked with reviewing the existing language and provisions within the City Charter and Council Policy relating to the reimbursement criteria and propose updates or amendments to enhance accountability and operational efficiency.

The Finance Committee met on August 21 to review the following:
 Reasonable and necessary expenses that are eligible for reimbursement.  Determining which expenses should be pre-approved by the City Council.  Identifying the reimbursements to consider official business expenses.

Council Policy – Section 2.11.010 Budget Expenditures

Under Council Policy Section 2.11.010, any use of budgeted funds or reimbursement by a City Council Member requires prior approval via a staff report placed on the consent calendar. The report must detail the event’s sponsor, date, location, attendees, individual costs (including for spouses), and the public or governmental purpose of attendance. For travel reimbursements, only meals for Council Members are eligible, and alcohol expenses are explicitly excluded.

Each Council Member may utilize their individually allocated annual budget for eligible expenses. The City Manager and Finance Director are responsible for monitoring each Member’s remaining available funds throughout the fiscal year to ensure compliance with policy and maintain fiscal accountability.

While the Policy for advance approval is clear, there may be flexibility in the method of approval:
 Individual Approval: Each expense is reviewed and approved by the Council prior to being incurred.

Council Meeting Agenda- October 16, 2025

 Categorical Approval: The Council may adopt policies or resolutions that pre- approve certain categories of expenses (e.g., travel to specific conferences, mileage for city-related travel, meals during official events), provided these categories are clearly defined by type and amount and meet the “ordinary and necessary” and “reasonably incurred” standards.

Categorical approval would allow Council Members to incur expenses within these predefined limits without needing individual pre-approval for each instance. All expenditures would still be subject to documentation, administrative review, and periodic reporting to the Council.

Staff recommend that the Council adopt categorical approvals that can be structured to comply with the Charter while streamlining administrative processes. Any proposed framework should be reviewed for legal sufficiency and clarity to ensure compliance and transparency. The proposed changes outlined in Attachment No. 1.

Governance Ad Hoc Committee Recommendation

On October 18, the Governance Ad Hoc Committee—comprised of Council Member Reed and Council Member Taylor—met to review provisions related to the placement of items on future Council agendas. The Committee recommends amending the Council Policy Manual to require that any request to place an item on a future agenda must be made during a Council meeting and receive majority support from the Council. The proposed change would eliminate existing language that allows individual Council Members to submit future agenda items directly to the City Manager.

Council Policy- Section 3.01.030 Placing Items on the Agenda

This policy removes the requirement for City Manager approval when a Council Member wishes to place an item on a future agenda. Instead, Council Members may request items verbally during a meeting. The item will appear under the Council Reports section of the next regular meeting agenda, with a brief staff summary and optional written report from the Council Member initiating. At the meeting, the Council may choose to:

 Bring the item back for full discussion at a future meeting,  Refer it to an existing Ad Hoc or Subcommittee,
 Create a new Ad Hoc Committee, or
 Decline further consideration.

Staff recommend that the Council adopt the proposed amendments to the Council Policy Manual requiring that requests to place items on future agendas be made during a Council meeting and receive majority Council support as outlined below.

Council Meeting Agenda- October 16, 2025

CITY COUNCIL STRATEGIC GOAL:

As part of the City Council’s strategic goal to enhance governance and improve operational efficiencies, the Council continues to evaluate opportunities for procedural improvements. During the Strategic Planning Session held on April 17, 2025, the Council reviewed various governance-related policies and practices.

OPTIONS:

The City Council has the following options:

1. Approve the proposed amendments to the Council Policy Manual.

2. Retain the existing provision allowing individual Council Members to submit future agenda items directly to the City Manager.

3. Provide Alternative Direction. The Council may direct staff to explore other procedural options.

FISCAL IMPACT:

There is no direct fiscal impact associated with this report. All reimbursements and expenditures are subject to the City’s adopted budget. Each City Council Member is allocated an annual budget of $5,000.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

ATTACHMENTS:

1. Resolution

Council Meeting Agenda- October 16, 2025

RESOLUTION NO. 2025-__

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

CALIFORNIA, APPROVING AMENDMENTS TO THE COUNCIL POLICY

MANUAL RELATING TO COUNCIL MEMBER EXPENSE

REIMBURSEMENTS AND PLACEMENT OF ITEMS ON FUTURE COUNCIL

AGENDAS
WHEREAS, the City Council of the City of Indian Wells is committed to maintaining effective governance and ensuring that the Council Policy Manual remains efficient, transparent, and aligned with the City’s mission and legal standards; and WHEREAS, the City Council has delegated the review of specific sections of the Council Policy Manual to the Finance Committee and formed a Governance Ad Hoc Committee to provide focused evaluation of policies that directly impact administrative operations and legislative procedures; and
WHEREAS, the Finance Committee met on August 21, 2025, to review Council Policy Section 2.11.010 relating to Council Member expense reimbursements and recommended updates to enhance accountability, clarify eligible expenses, and streamline administrative processes; and
WHEREAS, the Finance Committee recommends the adoption of a categorical approval framework for certain types of expenses, provided such categories are clearly defined, comply with the City Charter, and remain subject to documentation, administrative review, and periodic reporting; and
WHEREAS, the Governance Ad Hoc Committee, comprised of Council Member Reed and Council Member Taylor, met on October 18, 2025, to review Council Policy Section 3.01.030 regarding the placement of items on future Council agendas; and WHEREAS, the Governance Ad Hoc Committee recommends amending the policy to require that any request to place an item on a future agenda be made during a Council meeting and receive majority Council support, and
WHEREAS, the proposed amendments are intended to improve clarity, ensure consistency with best practices in municipal governance, and promote transparency and collaboration among Council Members.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. The City Council hereby approves the amendments to Council Policy Section 2.11.010 as recommended by the Finance Committee, as outlined in Exhibit “A”.

SECTION 2. The City Council hereby approves the amendments to Council Policy Section 3.01.030 as recommended by the Governance Ad Hoc Committee, as outlined in Exhibit “A”.

ATTACHMENT #1

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Resolution No. 2025-__

SECTION 3. The City Manager and City Attorney are hereby directed to ensure that the amended policies are implemented in a manner consistent with the City Charter and applicable laws, and by updating the Council Policy Manual accordingly.

SECTION 4. This Resolution takes effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 16th day of October 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 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 the 16th day of October, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

__________________________ _______________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Resolution No. 2025-__

Exhibit “A”

CHAPTER 2.13

COUNCIL FINANCIAL MATTERS AND REIMBURSEMENTS

Sections:

2.11.010 BUDGET EXPENDITURES AND REIMBURSEMENTS.

The voters of Indian Wells approved Measure S, amending the City Charter to establish limits on compensation and reimbursement for City Council Members. The intent of Measure S is to promote transparency, accountability, and fiscal responsibility in the use of public funds for Council-related expenses.

Each fiscal year, the City Council allocates a budget in equal amounts for each Council Member for use in their capacity as an elected City Official. These funds must be used solely for “ordinary and necessary” expenses (Charter, Art. I, § 101) and comply with the reimbursement guidelines outlined in this policy including AB 1234 California Government Code Section 53232 and all other laws and regulations when authorizing and reimbursing expenses of elected officials.

Council Members are expected to exercise good judgment when incurring expenses while on official City business.

2.11.020 REIMBURSEMENT OF EXPENSES INCURRED IN OFFICIAL CITY BUSINESS AT
EVENTS.

The purpose of this policy is to:

1. Comply with the City Charter, City’s Fiscal Policies and Procedures, requirements of AB 1234, California Government Code 53232 et seq. in a manner that is consistent with the governance and operational needs of the City.

2. Clearly define and clarify authorized reimbursement expenses for City Council. This includes, but is not limited to, events, meetings, seminars, conferences, non-profit events, for profit events, business meals, community functions, and other reasonable expenditures incurred while conducting official City business.

3. Set forth parameters, procedures, and protocols for the participation and reimbursement of City Council ensuring alignment with City objectives, public transparency, and fiscal responsibility.

A. Qualifying Occurrences for Expense Reimbursement. Under Government Code Section 53232.2(b), the City must clearly define what qualifies as reimbursable expenses for Council Members conducting official City business. The following provide general guidance for eligible expense reimbursements:

1. Meetings. Includes attendance at meetings with government officials, business leaders, conferences, seminars, or workshops hosted by professional organizations relevant to

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Resolution No. 2025-__

municipal governance, including travel, mileage, lodging, registration fees and other related costs.

2. Events. Attendance at events hosted by nonprofit organizations classified under Section 501(c)(3) of the Internal Revenue Code, or by for-profit entities, where the Council Member’s presence supports a public purpose or City interest.

3. Jurisdictional Engagements. Includes meetings with individuals or entities to discuss matters within the City’s jurisdiction, such as land use, public safety, infrastructure, or community development.

4. Regional, State, and National Representation. Includes participation in organizations whose activities influence or affect the City’s interests, including but not limited to National League of Cities, California Contract Cities, League of California Cities, and other intergovernmental bodies (as listed in the annual Council Member attendance event list, approved each December).

5. Economic Development Activities. Includes implementing City-approved strategies aimed at attracting or retaining businesses within the City. Such activities may involve collaboration with City staff and attendance at business development meetings or promotional events.

All expenses must be documented and submitted in accordance with the City’s Fiscal Policies and Procedures Manual and the City’s Travel and Expense Reimbursement Guidelines. Each City Council member is responsible for submitting reimbursement requests with the following documents:

• Itemized receipts for all claimed expenses
• A brief written justification explaining how the expense aligns with the City’s mission, goals, or strategic priorities

All other expenditures not listed under Section A of this policy require prior approval by the City Council and coordination with staff. Council Members are responsible for bringing forth such requests in advance, along with a justification for public purpose, for City Council approval.

Examples of personal expenses that the City will not reimburse include, but are not limited to:

• The personal portion of any trip.
• Donations to organizations or individuals.
• Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline.
• Personal losses were incurred while on City business. The approving authority should resolve any questions regarding the propriety of a particular type of expense before the expense is incurred.
• Cost of alcohol.

B. Individual Council Member Budget Allocations. Council Members must monitor their individual spending and ensure staying within their annual allocated budget. Expenses incurred beyond the approved allocation will not be reimbursed, and Council Members are expected to

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Resolution No. 2025-__

plan accordingly. The City Manager, Finance Director, or designee shall monitor the amount of funds remaining available for each Council Member as the fiscal year progresses. Staff may provide budget updates, but budget compliance is the individual Council Member’s responsibility.

• Unused funds will be returned to the General Fund at the end of each calendar year.

• No Council Member may transfer funds within his or her Individual Council Member budget allocation to another Council Member.

• Event attendance and budget balances may be documented by City Staff as designated by the City Manager and reported to the City Council.

C. City Payment for Expenses – Companions. The City will not provide meals or travel reimbursements for any companion accompanying a Council Member to a meeting or local event, unless authorized by the Indian Wells Distribution Policy of Tickets and/or Passes (per Resolution No. 2022-36).

D. City Council Attendance at Events. If a City Council Member RSVPs “yes” to an event but is later unable to attend:

• They must notify the City Manager as soon as possible. • The City Manager may, on a case-by-case basis, designate a replacement attendee. This may include another Council Member, a City Employee, or an Advisory Resident Member.

Refunds and Expense Reporting:

• If an elected official incurs expenses for a meeting or event and is unable to attend:
• They must ensure that any unused prepaid fees are refunded to the City. • Documentation of the refund or cancellation must be included.

If a Council Member is unable to attend when expenses have already been paid from their designated budget allocation, and the City is unable to obtain a refund, the cost shall still be deducted from the Council Member’s individual budget allocation.

E. Distribution of Tickets from City Table Sponsorships. Annually, the City Council approves a budget for Table Sponsorships. This includes:

• A list of pre-approved events for the fiscal year.
• A designated amount for miscellaneous sponsorships for new event requests occurring within the City.

If the City Manager or designee receives an invitation to a local event with an approved Table Sponsorship, the invitation will be distributed to all Council Members. If the City receives an invitation to a local event held in Indian Wells or outside of Indian Wells that does not have an approved Table Sponsorship in the adopted budget, the information will be distributed to all Council Members. Requests to attend such events may be processed as follows:

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Resolution No. 2025-__

• City Council can request Table Sponsorship under the Miscellaneous allocation; the request must be submitted to the City Manager or designee for Council approval. • City Council can request a ticket purchase using their individual Council Member budgetary allocation.

Attendance by City Officials at Table-Sponsored events shall be documented by City staff designated by the City Manager.

F. Policy on Personal Monetary Loss. It is the policy of the City that no Council Member shall incur personal monetary loss as a result of performing duties in service to the City.

G. Violation of this Policy. Misuse of public resources and falsification of expense reports pursuant to California Government Code Section 8314 and Penal Code Section 424 may result in one or more of the following consequences:

• Loss of reimbursement privileges;
• Demand for restitution to the City;
• Reporting of the expenses as taxable income to state and federal tax authorities, which may result in personal tax liability;
• Civil penalties of up to $1,000 per day and three times the value of the misused resources;
• Felony prosecution under California Penal Code Section 424, which may include:
o Imprisonment for two, three, or four years;
o Fines of up to $10,000.

H. Expense Eligibility and Dispute Resolution. If a reimbursement request submitted by a Council Member raises a question of compliance, the Finance Director shall review the expenditure to determine whether it conforms to the City’s Fiscal Policies and Procedures Manual. Should a dispute remain following such review, the matter may be placed on the City Council agenda for consideration and resolution by the Council.

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Resolution No. 2025-__

CHAPTER 3.01

MEETING AGENDAS

3.01.030 PLACING ITEMS ON THE AGENDA.

A Council Member may request an item be considered on a future agenda, verbally during a City Council, under Council Comments and Reports section. The item will be placed in the Council Reports section of the next regularly scheduled meeting for consideration by the Council. Staff will prepare a summary of the matter in the initial staff report. The Council Member may also submit a written report to be attached to the staff report.

At the meeting, the Council may take one of the following actions:
• Direct the item to return at a subsequent Council meeting; • Refer the item to an existing Ad Hoc or Subcommittee; • Create a new Ad Hoc Committee to review the matter;
• Decline further consideration.

A member of the public may request that an item be placed on a future agenda during public comments. Upon approval of a majority of the Council, the item will be agendized, and a staff report may be prepared. Prior to authorizing staff work or scheduling the item, the City Manager shall inform the Council of the potential impact the request may have on existing priorities, staff capacity, and workload. The City Manager will seek Council approval before proceeding with any related work or scheduling to ensure alignment with organizational resources and strategic objectives.

Emergency and non-agendized items may be added to an agenda only in accordance with State law. Emergency items are only those matters affecting public health or safety such as work stoppages, disasters, and other severe emergencies. Adding an emergency item requires a majority vote and is very rare. Non-agendized items are matters that come to the attention of the City after the agenda is posted. Non-agendized items may be added to the agenda only if the Council makes findings that 1) the need to consider the item arose after the posting of the agenda, and 2) there is a need to take immediate action at this meeting of the Council. These findings must be approved by a 4/5 vote; if less than five members of the City Council are present, the findings require a unanimous vote of those present.

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Golf Advisory Committee Project Requests

RECOMMENDED ACTIONS:

Council APPROVES the Golf Advisory Committee Project Requests; and

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

BACKGROUND:

The City Council recently revised the resolution governing the Golf Resort Advisory Committee to clarify its purpose, functions, and scope of authority. The update reinforces the Committee’s role in providing advisory input to the City Council while maintaining clear lines of decision-making authority. Key points include:

 The Committee provides commentary, feedback, and recommendations on matters related to the Indian Wells Golf Resort, assisting the Council in evaluating opportunities, programs, and initiatives.

 The Committee holds advisory authority only; all final decisions, approvals, and actions remain under the sole discretion of the City Council.

 The revision strengthens accountability and transparency, ensuring that while the Committee contributes valuable insight, Council retains full control over strategic and financial decisions.

Following the recent resolution update, the Golf Resort Advisory Committee is prepared to begin advisory work on proposed projects. Staff will present all project recommendations to the City Council for review and approval. Any projects that require the allocation of unbudgeted funds will then return to the Council for final approval.

Council Meeting Agenda- October 16, 2025

At the most recent Golf Advisory Committee meeting, the Committee and Troon collaborated on the following projects:

Project Description Next Steps / Advisory Role
Resident Golf
Tournament
Form an ad hoc committee with
resident members and Troon to
plan a 2026 tournament
Consider opportunities and submit a
recommendation to the Council for
final approval.

Hole #18
Camera
Install a camera to capture player
finishes for Kestrel engagement
Consider opportunities and submit a
recommendation to the Council for
final approval.

Caddy Program Explore the feasibility of the
caddy program on select days
Consider opportunities and submit a
recommendation to the Council for
final approval.

OPTIONS:

The City Council may consider the following:

1. Deny the request and take no further action.

2. Approve the Golf Advisory Committee’s request (recommended).

3. Provide an alternative direction to the Committee or staff.

FISCAL IMPACT:

There is no fiscal impact associated with this action; all projects remain in the advisory stage. Any future projects requiring unbudgeted funding will return to the Council for formal approval.

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.

Council Meeting Agenda- October 16, 2025

INDIAN WELLS CITY COUNCIL
October 16, 2025
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Implementation of a Virtual Option (1) for Resident Benefit Card Program
RECOMMENDED ACTIONS:

Council APPROVES the Implementation of a Virtual Option (1) for Resident Benefit Cards (RBCs), while continuing to provide Residents with the option of a physical card consistent with existing practices; and
FINDS the action exempt from California Environmental Quality Act (CEQA) review under Guidelines Section 15061(b)(3).

SUMMARY:

The introduction of a virtual Resident Benefit Card (RBC) represents a significant enhancement for residents, providing greater flexibility, ease of use, and timely access to benefits. This option would allow residents to carry their RBC digitally , making it available anytime on their personal devices, while ensuring that those who prefer the familiarity of a physical card may continue to rely on it. By expanding access rather than replacing existing methods, the City ensures that the program remains inclusive and responsive to the diverse needs of its residents.

The City has successfully implemented virtual platforms for other resident benefits, such as City Tennis and Firebirds ticketing. Enhancing the RBC program to include a virtual option is a natural progression that improves convenience, reduces administrative delays, and aligns with resident expectations. This is an enhancement only; physical cards will continue to be available to all Residents.

BACKGROUND:

The City issues two types of Resident Benefit Cards:

Council Meeting Agenda- October 16, 2025

Golf RBC – Provides all resident benefits, including a discounted golf rate at the Indian Wells Golf Resort.
Social RBC – Provides all resident benefits except the discounted golf rate.

Cards are valid for one calendar year. Property owners may renew their RBCs online; however, new residents or first-time applicants must visit City Hall in person to initiate card processing.

Currently, the Golf RBC is priced at $50, and the Social RBC is priced at $10.

Approximately 2,500 Golf RBCs and 2,200 Social RBCs are issued each year, generating annual revenues of $125,000 and $22,000, respectively.

Under the existing process, RBC orders are collected beginning in November, with cards printed and mailed in January. This timeline occasionally results in delays and resident frustration as they wait to receive their cards.

Proposed Program Enhancement:

Beginning in the 2026 calendar year, residents will have the option to receive their Resident Benefit Cards (RBCs) in a virtual format. This enhancement will allow immediate access to benefits, streamline service delivery, and reduce administrative processing time.

At the same time, residents who prefer a traditional card may continue to request a physical version.

To encourage participation in the virtual program, two fee structure options are presented for consideration:

Resident Benefits of the Virtual Option:
Immediate access: Virtual cards are available instantly once approved, eliminating mailing delays.
Convenience: Always accessible via smartphone (IOS or Android Device) or; no risk of misplaced or delayed cards.
Equity: Residents may still request a physical card for a nominal fee, ensuring accessibility for all.
Consistency with other programs: Aligns with other programs (Tennis and Firebirds tickets) that have successfully transitioned to virtual platforms. Sustainability: Reduced reliance on printing and plastic materials.

Council Meeting Agenda- October 16, 2025

How the Renewal Process Works
The 2026 Resident Benefit Card (RBC) renewal process will follow the same format as in previous years, with one minor enhancement. When completing the online renewal form, residents will continue to select the card type—either Golf or Social—and will now also have the option to purchase a physical card in addition to the digital RBC.

The purpose of the new digital RBC system is to simplify and streamline the renewal process as much as possible. Once payment has been confirmed and eligibility verified, City staff will update resident records and issue the digital RBC.

An email confirmation will then be sent to the address provided on the renewal form. This message will include a secure link to download the digital RBC and instructions on how to add it to an Apple or Google Wallet. The digital card is issued through the identityONE application, which is compatible with both Apple iOS and Android devices. Once the link is accessed, the application will be installed automatically, and the resident’s RBC will appear in the wallet.

Residents who select the option to receive a physical RBC will have their card mailed at the beginning of the calendar year, consistent with prior practice.

OPTIONS:

Staff recommend that the City Council adopt Option 1, as it provides an economic incentive for residents to switch to a digital RBC and keeps physical cards at the current fee structure. Option 2 is offered as an alternative for Council consideration. Although staff has presented these two options, the Council is encouraged to suggest additional alternatives if desired.

Option 1 – Incentivized Virtual Format
This option reduces the cost of the virtual card while applying a nominal fee for the optional physical card.

Card Type Current Fee (Physical
Only)
Proposed
Virtual Fee
Optional Physical
Card Fee
Golf RBC $50 $45 +$5
Social RBC $10 $5 +$5
This approach creates an incentive for residents to adopt the virtual format while preserving flexibility for those who prefer a printed card. Under this option, the intent would be to offer this discount for one year, to encourage residents to make the transition.

Council Meeting Agenda- October 16, 2025

Option 2 – Maintain Current Fees with Print-On-Demand
Under this option, existing fees remain unchanged, and a $5 charge would apply only to residents requesting a physical card.

Card Type Current Fee
(Physical Only)
Proposed
Virtual Fee
Optional Physical
Card Fee
Golf RBC $50 $50 +$5
Social RBC $10 $10 +$5
This approach maintains the current pricing structure while ensuring cost recovery for printing and processing physical cards.

Option 3 – Council provides additional direction to Staff.

Under this option, the City Council may elect to provide further directions to staff beyond the alternatives presented above. This approach enables the Council to tailor its guidance to specific priorities or considerations, ensuring that staff can implement actions in alignment with the Council’s policy objectives.

FISCAL IMPACT:

The fiscal impact of this transition is expected to be minimal. While revenues may be modestly reduced due to discounted virtual card pricing, the cost savings associated with reduced printing and mailing, coupled with greater operational efficiency, will offset the revenue decrease. The net budgetary effect is projected to be inconsequential.

Implementation Timeline:
Fall 2025: Outreach and education to residents regarding the new virtual option. November 2025: Begin processing 2026 RBC applications using the new virtual system.
January 2026: Virtual RBCs active; physical cards available upon request.

Approval of a virtual option for the Resident Benefit Card program modernizes City services, improves convenience for residents, and maintains flexibility for those preferring physical cards.

Council Meeting Agenda- October 16, 2025

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that 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).)

Council Meeting Agenda- October 16, 2025

City of Indian Wells Proposed Solution
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City Council Meeting:

October 16, 2025 - Presentation
Consent Item G.88

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City of Indian Wells Proposed Solution
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INDIAN WELLS CITY COUNCIL
October 16, 2025

To: City Council
From: Community Development Department
Prepared by: Wes Remaklus, Building Official
Subject: Introduction of an Ordinance to Adopt by Reference the 2025 California Building Standards and Fire Codes with
Local Amendments

RECOMMENDED ACTIONS:

Council INTRODUCES and WAIVES the first reading of the ordinance repealing and recasting Title 16 of the Indian Wells Municipal Code; adopting by reference the 2025 Edition of the California Building Standards Code (California Code of Regulations, Title 24) and related uniform codes; and

APPROVES the ordinance to be brought back for second reading, public hearing, and adoption on November 6, 2025; and

FINDS the action to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

BACKGROUND:

This ordinance repeals and recasts Title 16 of the Indian Wells Municipal Code to adopt the 2025 California Building Standards Code and related uniform codes, together with local amendments necessary to address unique climatic, geological, and topograph ical conditions in Indian Wells. Adoption ensures that the City remains consistent with state law, aligns its fire code provisions with Riverside County Fire, and maintains the ability to enforce building and fire safety standards locally.

Every three years, the California Building Standards Commission updates the California Building Codes to reflect the latest in building and fire safety standards. In July 2025, the Commission published the 2025 California Building Standards Code, which will take effect on January 1, 2026. While the 2025 Code becomes effective statewide regardless of local action, state law allows cities to adopt the codes by reference and make local amendments as needed. Specifically, the City may establish more restrictive standards than those contained in the Code, provided the amendments are supported by express findings showing they are “reasonably necessary because of local climatic, geological, or

Council Meeting Agenda- October 16, 2025

topographical conditions.” (Health & Saf. Code, §§ 18941.5, 17958.7.) and in accordance with AB 130. In accordance with these statutes, the local amendment findings contained in Exhibit A demonstrate that the City’s modifications are necessary and appropriate for Indian Wells.

The City is served by Riverside County for fire services. The City has consulted with the County, and Indian Wells Municipal Code Chapter 16.32 (Fire Code) includes provisions to ensure consistency between City and County fire prevention requirements.

This proposed ordinance will repeal and recast Title 16 of the Indian Wells Municipal Code and adopt by reference the 2025 California Building Standards Code, the 2025 Fire Code, and other uniform codes.

The amendments to the Building Code, contained in Title 16 of the Municipal Code, have been prepared by the City’s Building Official. The justifications, findings, and explanations for the changes to the Building Code and other uniform codes are listed in Exhibit “A” to Ordinance. The amendments to the Fire Code, contained in Chapter 16.32 of the Municipal Code, have been prepared by the Office of the Fire Marshal, CAL FIRE/Riverside County Fire Department. The findings and explanations for the changes to the Fire Code are listed in Exhibit “A” to Ordinance 2025.

FISCAL IMPACT:

Other than staff time and contract legal and building division labor costs, there are no direct costs associated with the adoption of this Ordinance.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental regulations of the City. The City acting as Lead Agency, has determined the action is not a project within the meaning of Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and 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 Section 15061(b)(3).

ATTACHMENTS:

1. Draft- Ordinance

2. Title 16 Track Changes

Council Meeting Agenda- October 16, 2025

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, REPEALING AND RECASTING TITLE 16 OF THE INDIAN WELLS MUNICIPAL CODE; ADOPTING BY REFERENCE THE 2025 EDITION

OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24); INCLUDING THE 2025 CALIFORNIA BUILDING CODE (INCORPORATING AND AMENDING THE 2024
INTERNATIONAL BUILDING CODE); THE 2025 CALIFORNIA MECHANICAL CODE (INCORPORATING AND AMENDING THE 2024 UNIFORM
MECHANICAL CODE); THE 2025 CALIFORNIA PLUMBING CODE
(INCORPORATING AND AMENDING THE 2024 UNIFORM PLUMBING
CODE); THE 2025 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2023 NATIONAL ELECTRICAL CODE); THE 2025 CALIFORNIA ENERGY CODE; THE 2025 CALIFORNIA HISTORICAL
BUILDING CODE; THE 2024 UNIFORM SWIMMING POOL, SPA & HOT TUB CODE; THE 2025 CALIFORNIA FIRE CODE (INCORPORATING AND
AMENDING THE 2024 EDITION OF THE INTERNATIONAL FIRE CODE); THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2025

CALIFORNIA RESIDENTIAL CODE (INCORPORATING AND AMENDING THE 2024 INTERNATIONAL RESIDENTIAL CODE); AND THE 2025
CALIFORNIA WILDLAND-URBAN INTERFACE CODE; TOGETHER WITH

CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES

THERETO
WHEREAS, pursuant to Government Code Section 50022.1 et seq. the City of Indian Wells (the “City”) may adopt by reference the California Building Standards Code, 2025 Edition as provided in Title 24 of the California Code of Regulations, and other codes, including the 2025 California Fire Code; and
WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2025 Edition of the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize cities to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the City of Indian Wells desires to adopt the California Building Standards Code; including the 2025 California Building Code (Incorporating and Amending the 2024 International Building Code); the 2025 California Mechanical Code (Incorporating and Amending the 2024 Uniform Mechanical Code); the 2025 California Plumbing Code (Incorporating and Amending the 2024 Uniform Plumbing Code); the 2025 California Electrical Code (Incorporating and Amending the 2023 National ATTACHMENT #1

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

Electrical Code); the 2025 California Energy Code; the 2025 California Historical Building Code; the 2024 Uniform Swimming Pool, Spa & Hot Tub Code; the 2025 California Fire Code (Incorporating and Amending the 2024 Edition of the International Fire Code); the 2024 International Property Maintenance Code; the 2025 California Green Building Standards Code; the 2025 California Residential Code (Incorporating and Amending the 2024 International Residential Code); and the 2025 California Wildland-Urban Interface Code (collectively, the “Codes”); ; together with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological, and topographical conditions; and WHEREAS, the Building Official has recommended that changes and modifications be made to the Codes, and has advised that certain changes and modifications to said Codes are reasonably necessary due to local conditions within the City of Indian Wells, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City of Indian Wells; and WHEREAS, the Building Official has also recommended that changes and modifications be made to the Codes, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City of Indian Wells and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the Office of the Fire Marshal has recommended changes to the Fire Code, and has advised that certain changes and modifications to said Codes are reasonably necessary due to local conditions within the City of Indian Wells, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or are reasonably necessary to safeguard life and property within the City of Indian Wells; and WHEREAS, the City Council conducted first reading of this ordinance on October 16, 2025; and
WHEREAS, notice of a public hearing on this Ordinance was published in the Desert Sun on October 6, 2025; and
WHEREAS, the City Council held a scheduled public hearing on November 6, 2025, as required by law, at which time the Council determined that the adoption of the Codes and amendments thereto are in the best interest of the City and are based on the findings required by law; and

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

WHEREAS, at least one copy of each of the Codes adopted by reference by this ordinance were available for public inspection at the office of the City Clerk fifteen (15) days preceding the public hearing pursuant to Government Code Section 50022.6.

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

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Authority. The City Council enacts this Ordinance under the authority granted to the City as follows:

A. California Government Code Section 50022.1 et seq. authorizes the City to adopt by reference the California Building Standards Code and authorizes the City to adopt other codes by reference;
B. California Health & Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 authorize the City to adopt the California Building Standards Code with modifications determined to be reasonably necessary because of local climatic, geological, or topographical conditions.

SECTION 3. Findings. The City Council hereby finds that the proposed amendments to the 2025 California Building Standards Code are more restrictive than the standards adopted by the California Building Standards Commission, and are reasonably necessary because of local climatic, geological, or topographic conditions, based on the express findings and determinations, described in Exhibit “A” attached hereto, and marked in relation to the respective amendments in this Ordinance, and hereby adopted by the City Council as the findings to support the modifications to the California Building Standards Code.

SECTION 4. Repeal and Recast. Title 16 of the Indian Wells Municipal Code is hereby repealed and recast in its entirety, as provided in Exhibit “B,” attached hereto and incorporated herein by reference.

SECTION 5. Conflicting Ordinances Repealed. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance or the Codes adopted by this Ordinance and any other ordinance in conflict herewith are hereby repealed.

SECTION 6. Transmittal. The Building Official shall transmit a copy of this Ordinance to the California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7.

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

SECTION 7. CEQA. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the County Clerk’s Office within five (5) working days of the approval of this Ordinance.

SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, unenforceable, or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, unenforceable, or invalid.

SECTION 9. Publication. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage and adoption of it. The City Clerk shall cause a summary of this Ordinance to be published as provided by California Government Code Section 36933 (c)(1); a summary of this Ordinance shall be published in a newspaper of general circulation, printed, published, and circulated in the City of Indian Wells and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of the Ordinance, the City Clerk shall post in her office a full copy of this ordinance and cause a summary of this ordinance, together with the names of those voting for or against, to be published in the a newspaper of general circulation, printed, published, and circulated in the City of Indian Wells.

SECTION 10. Effective Date. This Ordinance shall take on January 1, 2026.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 6th of November 2025.

_______________________________

BRUCE WHITMAN
MAYOR

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. ____

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. ____, having been regularly introduced at the meeting of October 16, 2025, was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the 6th of November, 2025 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

______________________________________ ____________________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

Exhibit A

Findings to Support Amendments to the

2025 Edition of the California Building Standards Code
To the extent that changes and modifications to the 2025 California Building Standards Code in this ordinance are deemed more restrictive than the standards contained in the 2025 California Building Standards Code thus requiring that findings be made pertaining to local climatic, geological, or topographical conditions to justify such modifications, the City Council hereby finds and determines as follows:

Extreme surface temperatures common in the lower desert areas, one hundred sixty (160) degrees Fahrenheit plus, deteriorates and dries out buildings’ materials and our high winds create extreme fire conditions which are detrimental to the general public.

A. The City of Indian Wells may establish more restrictive standards reasonably necessary to provide fire protection for life and property because of the following local climatic, geological, or topographical conditions.

I. Climatic Conditions:

Riverside County and the City of Indian Wells have an arid climate with annual rainfall varying from three (3) inches in Blythe to over thirty-three (33) inches in Pine Cove. The County also experiences annual hot, dry Santa Ana Winds, which contribute to fires spreading quickly throughout the County.

II. Topographical conditions

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

A variety of regions exist within Riverside County including deserts, mountains, brush covered wild lands, the Salton Sea and agricultural lands. Additionally, elevations within Riverside County range from three hundred (300) feet below sea level to mountains over ten thousand (10,000) feet. This variety of regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.

Riverside County contains a large number of sensitive habitats for various species and vegetation, consists of large open space areas between major urban centers and includes landscapes varying from mountains and hills to valleys and deserts. These conditions impact building and structure location, which impedes emergency access and response.

Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands and wild lands, which increase Riverside County Fire Department response times to emergencies.

The topography within Riverside County extends from flat to twenty-five (25) percent slope for habitable land, which causes buildings and structures to be located in unique areas that impact emergency response and access.

III. Geological Conditions
Two major earthquake faults, the San Andreas Fault and the San Jacinto Fault, bisect Riverside County and numerous minor faults exist throughout it. As a result, a substantial amount of property and persons located in Riverside County and the City of Indian Wells are likely to be impacted by earthquakes and will require emergency response and rescue.

In addition to earthquakes, a substantial amount of property and persons located in Riverside County and the City of Indian Wells are likely to be impacted by landslides, wind erosion, blown sand, flooding and wildfires because of the County’s unique climatic, geological and topographical conditions.

B. The additional requirements included herein are necessary to properly protect the health, safety and welfare of the residents and workers of Riverside County and the City of Indian Wells.

C. Revenue shortages make it difficult to locate additional fire stations and provide staffing sufficient to control fires in single and multi-story retail, commercial and industrial buildings, making enhanced built-in protection necessary.

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

D. The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words “the City of Indian Wells Fire Code Section” or “Fire Code Section.” E. California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. The following table sets forth the 2025 California Fire Code sections that have been modified, and the associated local climatic, geological, and/or topographical conditions described above supporting the modification. 2025 BUILDING

CODE SECTION TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

113 Board of Appeals Administrative
105.5 Permits—Expiration Administrative
109.2 Fees—Schedule of permit fees Administrative
110.1 Inspections—General Administrative
1505.1 Fire Classification—General I, II, & III
903.2.8.4 Alterations or reconstruction of residential structures I, II, & III 907.2.8 Group R-1 I, II, & III
907.2.9 Group R-2 and R-2.1 I, II, & III
907.2.10 Group R-4 I, II, & III

2025

MECHANICAL

CODE SECTION

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

104.5 Fees—Permit Fees Administrative

2025 PLUMBING

CODE SECTION TITLE/SUBJECT FINDINGS/

JUSTIFICATIONS

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

104.5 Fees Administrative

2025 ELECTRICAL

CODE SECTION TITLE/SUBJECT FINDINGS/

JUSTIFICATIONS

310.3(B) Conductors—Conductor material I & III
230.1 Services—Scope I, II, & III

2025 FIRE CODE

SECTION TITLE/SUBJECT FINDINGS/

JUSTIFICATIONS

101.4 Severability Administrative
102.5 Application of the residential code I, II & III
102.13.1 Application of the California Wildland-Urban Interface Code Administrative
103.1 Creation of Agency Administrative
104.1.1 Authority of the Fire Chief and Fire Department Administrative 104.2 Determination of Compliance Administrative
104.8 and 104.8.1 Liability Administrative
104.12 Authority of the Fire Chief to close hazardous fire areas Administrative

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

108.2 Fees Administrative
108.7 Cost Recovery Administrative
112.1 Board of Appeals established Administrative
113.4 Violation and Penalties Administrative
202 Fire Chief Administrative
308.1.7 Sky Lanterns and similar devices I, II & III
503.1.2.1 Remoteness I, II, & III
503.2.1 Dimensions Administrative
503.2.2 Authority Administrative
503.6.1 Automatic opener Administrative
503.7 Loading areas and passenger drop-offs Administrative 507.5.7 Fire hydrant size and outlets I & III
507.5.8 Fire hydrant street marker I, II & III
508.1 Fire command center – General I, II & III
508.1.1 Fire command center – Location and access I, II & III

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

508.1.3 Fire command center - Size I, II & III
509.2.1 Minimum clearances I & III
608.11.1.2 Manual operation II & III
903.2 Where required (automatic sprinkler systems) I, II & III 903.3.5.3 Hydraulically calculated systems I & II
904.2.2.1 Activation of the Fire Alarm System I, II & III 3206.4.2 General Fire Protection and Life Safety Features Administrative 4107 Mobile Food Preparation Vehicles I, II & III
4107.1 Mobile Food Preparation Vehicles - General I, II & III 4107.2 Maintenance I, II & III
4107.2.1 Exhaust system I, II & III

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

4107.2.2 Fire protection systems and devices I, II & III 4107.2.3 Fuel gas systems I, II & III
5608.1 Fireworks Display - General I, II & III
5608.2 Fallout Area I, II & III
B103.2.1 Wildland-Urban Interface Area Subdivisions I, II & III Table B105.2 Buildings other than one- or two-family dwellings I, II & III C103 Hydrant Spacing

2024

INTERNATIONAL

PROPERTY

MAINTENANCE
CODE

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

602 Air conditioning facilities-Required I, II, & III
602.1 Facilities Required.

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

602.2 Air Conditioning
602.3.1 Tenant Responsibility

2025

CALIFORNIA

WILDLAND-
URBAN

INTERFACE CODE

TITLE/SUBJECT

FINDINGS/

JUSTIFICATIONS

102.4.1.1 Application of the California Wildland-Urban Interface Code Administrative
104.1.1 Authority of the Fire Chief, Chief Deputy, and Fire Department Administrative
104.2 Determination of Compliance Administrative
104.8 and 104.8.1 Liability Administrative
105.2 Permits Required Administrative
108.2 Schedule of Permit fees Administrative
108.7 Cost Recovery Administrative
109.3.7 Violation and Penalties Administrative
202 Fire Chief Administrative
302.1.1 Designation of Fire Hazard Severity Zones. Administrative

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

501.1 Scope I, II, & III
602.1 General I, II, & III
602.3.2 Final Fire Protection Plan I, II, & III
603.1 General I, II, & III
603.3 Landscape and Fuel Modification plans I, II, & III 603.3.1 Contents I, II, & III
604.1 General I, II, & III
604.3 Requirements I, II, & III
604.3.1 Retroactivity I, II, & III
604.6 Clearance of brush, vegetative growth, and
combustible material from improved parcels I, II, & III 604.7 Clearance of fuels or vegetative growth from
structures I, II, & III
604.7.1 Structures I, II, & III
604.7.2 Timing for new buildings and additions to existing buildings I, II, & III
604.7.3 Photovoltaic Systems I, II, & III
604.8 Defensible Space clearance zones and requirements I, II, & III

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

604.8.1 Requirements I, II, & III
604.8.2 Zone 0 purpose and location I, II, & III
604.8.2.1
Non-Combustible Zone 0 for New Buildings,
additions to Existing Buildings, and new or
replacement landscape

I, II, & III
604.8.2.2 Additional requirements in Zone 0 I, II, & III 604.8.2.3 Zone 0 requirements for Existing Buildings I, II, & III 604.8.2.3.1 Zone 0 restrictions I, II, & III
604.8.3 Zone 1 purpose and location I, II, & III
604.8.3.1 Requirements and allowable items I, II, & III 604.8.4 Zone 2 purpose and location I, II, & III
604.8.4.1 Requirements and allowable items I, II, & III 604.8.4.2 Spacing I, II, & III
604.8.5 General requirements for Zone 0, 1, and 2 I, II, & III 604.8.5.1 Dead and dying vegetation I, II, & III
604.8.5.2 Mulch and wood chips within Zones 1 and 2 I, II, & III 604.8.5.3 Firewood I, II, & III

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

604.8.5.4 Clearance from chimney, stovepipe I, II, & III 604.8.5.5 Trees I, II, & III
604.8.5.5.1 Tree spacing I, II, & III
604.8.5.5.2 Ground clearance of trees I, II, & III
604.8.5.5.3 Ground cover under tree canopy I, II, & III 604.8.5.6 Continuous tree canopies I, II, & III
604.8.5.6.1 New Structures I, II, & III
604.8.5.6.2 Existing Structures I, II, & III
604.8.5.7 Grasses I, II, & III
604.9 Fire protection equipment and utilities I, II, & III 604.10 Planting vegetation under or adjacent to energized electrical lines I, II, & III
604.11 Fencing I, II, & III
604.11.1 Scope I, II, & III
604.11.2 New fFencing I, II, & III
604.11.3 Existing fencing I, II, & III

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

607.1 General I, II, & III
607.1.1 Combustible Materials I, II, & III
607.2 Storage for off-site use I, II, & III
608.1.1 Restricted development setbacks I, II, & III
608.2 General I, II, & III
608.2.1 Setback reduction I, II, & III
609.2.7.1 Greenbelts I, II, & III
609.2.7.2 Access to Greenbelts I, II, & III
A102.1 General I, II, & III
A105.1 General I, II, & III
A105.4 Combustible Materials I, II, & III

2025

RESIDENTIAL

CODE SECTION

TITLE/SUBJECT FINDINGS/

JUSTIFICATIONS

309.1 Townhouse automatic fire sprinkler systems I, II, & III 309.2 One- and two-family dwellings automatic fire
sprinkler systems I, II, & III

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

F. Local Amendment Justification/Statement of Reason: All local amendments, additions, and modifications previously adopted under City of Indian Wells Ordinance No. 747 that are not specifically identified or addressed in this Statement of Reasons are hereby carried forward in full. These provisions remain necessary to maintain consistency with the City’s established local conditions, ensure continuity of enforcement practices, and preserve the legislative intent of prior adoptions.

G. Below are explanatory comments for certain local amendments.

CHAPTER 16.32 CALIFORNIA FIRE CODE

Section 101.4: This section is carried over from the City of Indian Wells Ordinance No. 747. This section resolves any conflict with the fire code provisions.

Section 102.5: This section is carried over from the existing Ordinance No. 747. The scope and application of the fire code needs to be expanded to apply to the fire sprinkler systems for accessory structures constructed under the 2025 California Residential Code (CRC) which are permitted to exceed 3,600 square feet in area. This existing modification maintains the applicability of the 2025 California Fire Code (CFC) Section 903.2 amendment to those accessory structures greater than or equal to 3,600 square feet in area.

Section 102.13.1: New section added to Section 102.13 to clarify that when a conflict exists between the provisions of the Riverside County Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 103.1: New amendment of the base code text for establishing the Indian Wells Office of the Fire Marshal (Riverside County Fire Department) and identifying the “fire code official” as the official in charge of implementing, administering and enforcing the provisions of this code. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 104.1.1: This section is carried over from the existing Ordinance No. 747. It is imperative that enforcement capability be disseminated to other law enforcement entities within the Indian Wells area because of its vast topography and diversity. This gives the Riverside County Fire Department greater enforcement capabilities due to the presence of these other agencies across the County of Riverside. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

Section 104.2: New amendment to Section 104.2 to clarify that “Guidelines” may be created to render interpretations of the Fire Code and shall be enforceable as part of the code. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 104.8 and 104.8.1: This section is carried over from the existing Ordinance No. 747 to resolve any conflict between state law and the fire code provisions. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 104.12: This section is carried over from the existing Ordinance No. 747 and grants authority to the Fire Chief, in cooperation with the Board of Supervisors, to close hazardous fire areas. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 108.2: This section is carried over from the previous Ordinance No. 747 and relocated to the fees section of the Fire Code Section 108.2. This amendment is necessary to identify that fees are in accordance with Indian Wells fee schedules. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 108.7: This section is carried over from the previous Ordinance No. 747 and relocated to the fees section of the fire code. This section is maintained in accordance with Health and Safety Code 13009 and 13009.1, and Government Code 53150, et seq. for cost recovery. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 112.1: This section is carried over from the existing Ordinance No. 747 to identify the board of appeals and additional criteria for clarification and implementation. The existing modifications to this section are consistent with Health and Safety Code 17920.5 where no board of appeals exists. This section provides for the ability to create a Board of Appeals as needed.

This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 113.4: This section is carried over from the existing Ordinance No. 747 section 112.4 and relocated to this section to resolve any conflict with the fire code provisions. Ordinance No. 747 requires punishments and penalties for violations to be in accordance with Health and Safety Code Sections 17995 through 17995.5. This change is administrative and the changes or

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modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 202 “Fire Chief”: This definition is carried over from the previous Ordinance No. 747. This definition was added to designate that this term means the Fire Chief of Riverside County whenever the wording appears in the California Fire Code or this Ordinance. This is to distinguish obligatory authority to the Fire Chief or any of the designated representatives for fire prevention measures and declarations in enforcing this Ordinance. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 308.1.7: This section is carried over from previous Ordinance No. 747. This section is amended to prohibit sky lanterns and similar devices. The California State Fire Marshal's office issued Information Bulletin 12-005 indicating that there is a serious fire and safety hazard associated with sky lanterns, which include the potential to start an unintended fire on or off the property from which they are released. They are known to travel significant distances from the point of release. The National Association of State Fire Marshals Resolution 2013-3 recommends imposing State level bans on their sale and use. Multiple fires have been reported to be linked to the use of sky lanterns including, but not limited to, a recycling plant fire in Smethwick, England which caused approx. $9 million in damage and a wildfire in Shell Beach on the mountain above Pirates Code in San Luis Obispo County, CA. This is similar to the existing amendment by Orange County Fire Authority. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 503.1.2.1: This is a new section added to be consistent with the operational needs where two points of fire access are required as identified in the Riverside County Fire Department – Commercial Access Guidelines and is consistent with Appendix D of the International Fire Code.

This change is necessary as emergency standards to protect health and safety.

Section 503.2.1: This section is carried over from the previous Ordinance No. 747. This correlation of the fire code is necessary for minimum fire apparatus access widths for firefighter operations and consistency throughout Indian Wells. This modification has no change in regulatory effect. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 503.2.2: This section is carried over from the previous Ordinance No. 747. This section is enhanced to specify who has authority to designate Fire Lanes/Fire Apparatus Access Roads and modify minimum widths. This change is administrative and the changes or modifications are

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substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 503.6.1: This section is carried over from the previous Ordinance No. 747. This section provides fire department and other emergency responders more rapid access to facilities with motorized gates. Underwriters Laboratory (UL) “determined that fires today are more dangerous and pose more risks than in the past. Fire propagation is faster, and time to flashover, escape times and collapse times are all shorter” (UL Fire Safety Journal Issue 1). Placing our first responders on scene sooner or without disruption will provide for greater occupant and firefighter safety, and assist in property protection and medical emergencies. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 503.7: This section is carried over from the previous Ordinance No. 747. This section provides additional width for apparatus access roads where utilized for loading/unloading or passenger drop off/pick up to prevent interference with operational access needs. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 507.5.7: This section is carried over from the previous Ordinance No. 747. This section provides for the size and quantities of outlets for residential standard, super hydrant standard, and super hydrant enhanced fire hydrants and that they shall be required as determined by the Fire Code Official. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 507.5.8: This section is carried over from the previous Ordinance No. 747. The section provides direct references to Riverside County Fire Department Guidelines for specific requirements for the installation of blue reflective markers for fire hydrants. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Sections 508.1, 508.1.1, and 508.1.3: These sections are carried over from the previous Ordinance No. 747. These sections have been amended to require fire command centers for structures larger than 300,000 square feet in size. To put into context, the Fire Command Center would be triggered when the buildings are approximately 2.5 times the typical Costco Warehouse store and approximately two times the size of a typical Walmart Supercenter. Large structures of this size pose numerous challenges to emergency responders due to the large amounts of fuel

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loads from the storage, manufacturing and/or processing of flammable/combustible commodities and other processes within the building. Challenges include wide distribution of smoke throughout the structure, difficulty for firefighters to locate and reach the fire and difficulty in search and evacuation of the public, employees and firefighters. These structures typically require numerous fire protection, early suppression and detection systems that may include, but are not limited to, fire pumps, multiple fire sprinkler systems, advanced fire alarm systems, smoke control systems, and refrigeration gas detection system(s). During a fire, the incident commander must have the ability to readily identify the status of the various suppression and detection systems and have access to other building information details that may include, but are not limited to, building floor plans, high-pile/rack storage details, smoke control/ventilation systems, fire sprinkler zoning details, mechanical refrigeration equipment and piping details, and hazardous materials data sheets along with quantities and storage/use locations. A fire command center provides a centralized location for the incident commander to review details about the building and the incident and to effectively coordinate emergency responders and suppression activities with increased efficiency and speed. The Riverside County Fire Department has experienced several incidents in buildings with and without Fire Command Centers. Incident Commanders found that having detailed information on built in fire protection systems and controls, building schematics and hazardous materials storage plans were vital towards mitigating the event. When this information was not available, firefighting personnel were forced to operate upon assumptions and much less information. In addition, this increased efficiency and speed results in facilities returning to operation more expeditiously after incidents or false alarms thereby reducing loss of revenue for the business. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 509.2.1: This section is carried over from the previous Ordinance No. 747. This section encompasses other exterior fire protection water supply appliances such as Fire Department connections, and other exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 608.11.1.2: This section is carried over from the previous Ordinance No. 747. This section specifies the location of manual crossover valves when manual operation is required by the Fire Code Official. The amendment specifies that the manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls. This is to ensure that the valves are in readily accessible location(s) for access during an emergency. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

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Section 903.2: This section is carried over from the previous Ordinance No. 747 with modification.

Modifications have been made to provide certain exemptions including, but not limited to, fueling canopies and agricultural and greenhouse Group U structures constructed in accordance with the California Building Code and specific shade structures. An additional sprinkler requirement has been added to include changes in use to existing structures greater than 3,600 sq. ft., and additions to existing structures where the new square footage is greater than 3,600 sq. ft. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

The existing amendment provides a base square footage requirement for all new commercial, industrial, and residential occupancies other than one- and two-family dwellings. Though the amendment includes a reference to the requirement for one- and two-family dwellings, the authority for residential fire sprinkler requirements for these occupancies resides in Title 24, Part

2.5 [2025 California Residential Code].

Automatic sprinkler systems have been successfully used to protect industrial and commercial buildings and their occupants for more than 100 years. Historically the place which has offered the least amount of fire protection to occupants was and still is their own home. This was brought to light in 1973 by the Report of the National Commission on Fire Prevention and Control, America Burning. At the time of the report approximately 8,000 people died in structure fires every year in the United States. Nine out of ten of those victims died in their home.

However, the U.S. Fire Administration report “Fire in the United States 2004–2013 17th edition” reflects that nonresidential fire losses are costly. “National estimates of nonresidential building fires and losses, from 2004 to 2013, annually accounted for only 7 percent of fires, 2 percent of deaths, and 8 percent of injuries. These properties, however, accounted for a disproportionately large annual dollar loss, 21 percent. Trends in nonresidential buildings showed a 14 percent decrease in fires, a 9 percent increase in deaths, a 7 percent increase in injuries, and a 10 percent decrease in dollar loss from 2004 to 2013.”

The same report concluded “…that, overall, the fire problem in the U.S. continues to improve.

Ten-year fire loss rates are down. It is likely that several factors continue to contribute to these trends:…” which includes; "fire sprinklers, which quickly combat incipient fires, especially in nonresidential and multifamily buildings, and fire codes, which have been strengthened.” Furthermore, the report reflects that the nonresidential building category includes industrial and commercial properties, institutions (such as hospitals, nursing homes and prisons), educational establishments (from preschool through university), mobile properties, and storage properties.

On average, about 89 percent of nonresidential structure fires, 88 percent of deaths, 91 percent of injuries, and 92 percent of dollar losses reported to National Fire Incident Reporting System from 2004 to 2013 occurred in nonresidential buildings.

Aside from firefighter and explosion fatalities, there has never been a multiple loss of life in a fully

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sprinklered building due to fire or smoke. All fire protection features have a reliability factor.

Walls and shafts can be breached by means of poke-throughs and building alterations. Exit doors can be blocked or locked.

The California Residential Code requires that all one- and two-family dwellings be protected by sprinklers. It is still imperative, based on the geographical, topographical, climatic diversity of Indian Wells, to continue to protect all structures greater than 3,000 sq. ft. by fire sprinklers, to ensure faster fire suppression/control to those occupancies that would not normally be required to be protected which would exhaust a number resources including water which climatically is so precious to our environment as a whole. It will provide for less run off into ground water due to suppression activities and less pollutants into the environment. It will reduce the risk of a structure fire extending outside of the structure and potentially igniting a wildland fire.

Mobile homes are a part of the American landscape. In 2007 alone, more than 95,000 manufactured homes were shipped nationwide. Manufactured housing also accounts for approximately 10 percent of the single-family structures in the United States. The National Fire Protection Association reports in 2007-2011, 11,400 structure fires per year were reported in manufactured homes, with associated losses of; 206 civilian deaths, 434 civilian injuries, and $179 million in direct damage per year nationally. Despite the fact that we drive by them, respond to medical calls in them, and sometimes live in them, we often overlook mobile homes when it comes to training and pre-fire planning. However, as the deaths of two firefighters in Craigsville, West Virginia, showed, mobile homes can pose significant, and sometimes deadly, challenges.

The burning mobile home is a less-than-stable platform, making search and possible rescue of occupants even more dangerous. The exterior walls are not as structurally sound when compared with those of most site-built homes. The narrow halls complicate search. The roof burns through more quickly than a typical residential roof and is not safe for firefighters. Mobile home fires can quickly grow out of control, because there's not as much wallboard and drywall, and there are fewer walls to keep the fire from spreading. If the first-due engine pulls up and the mobile home is burning from end to end, the firefighting strategy has already been decided. The fire must be knocked down in order to move in. If the home is in a mobile home park, again, protecting exposures is vital. Radiant heat can ignite the homes nearby. Fire sprinklers can prevent the flashover from occurring and in many cases put the fire out and save valuable resources in the process, such as water, personnel, and environmental cleanup, limited displacement into City and County shelter(s), and less inconvenience to the family. The mobile home, because of its construction, requires fast water.

The record for automatic fire sprinklers is based on the simple fact that there has never been a multiple death of building occupants from a fire developing in a building protected by an automatic fire sprinkler system properly installed and maintained in accordance with nationally recognized standards (NFPA 13, 13D, 13R, and NFPA 25).

AWWA Research Foundation has published the following report: Impact of Fire Flow on Distribution System Water Quality, Design, and Operation. This report concludes the following:

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“Water-efficient fire suppression technologies exist that use less water than conventional standards. In particular, the universal application of automatic sprinkler systems provides the most proven method for reducing loss of life and property due to fire, while at the same time providing faster response to the fire and requiring significantly less water than conventional fire- fighting techniques. It is recommended that the universal application of automatic fire sprinklers be adopted by local jurisdictions.”

Consider the benefits: a single firefighter using a normal 1-1/2” fire hose can be applying between 175-400 gallons of water per minute when attempting to extinguish a fire. On the other hand, a single fire sprinkler will be flowing only 18- to 40- gallons of water per minute. This means that over a 5-minute period, the following quantities of water are used:

Fire-fighter with 1-1/2” hose:
175 gpm x 5 minutes = 875 gallons of water
400 gpm x 5 minutes = 2,000 gallons of water
Fire sprinkler system:
18 gpm x 5 minutes = 90 gallons of water
40 gpm x 5 minutes = 200 gallons of water

This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 903.3.5.3: This section is carried over from the previous Ordinance No. 747. The section limits all hydraulically calculated fire sprinkler systems to not exceed 90% of the water supply capacity. The 10% buffer in hydraulic calculation is a common engineering business practice that gives some flexibility to account for system water pressures that may decrease as additional demands are placed on the water system from additional construction or as the system ages.

This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 904.2.2.1: This is a new section added to the Fire Code to require that all new hood and duct commercial kitchen extinguishing systems are monitored by a central station or remote supervising station to ensure that the fire department is notified and able to respond to a fire.

This change is necessary as emergency standards to protect health and safety.

Section 3206.4.2: This section is carried over from the previous Ordinance No. 747 and relocated to the automatic sprinkler section within Chapter 32 of the Fire Code. By requiring client leased or occupant owned warehouses to have a technical report completed by a registered engineer, it will minimize problems concerning commodity and sprinkler protection. By having an engineer complete a technical report for the proposed or existing building it will provide greater certainty

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that adequate protection for the commodities that are proposed will be sufficient. By not having adequate sprinkler protection, it could be detrimental to the building and could also cause loss of life in the event of a fire. Geographically this can be a significant problem due to the seismic activity that Indian Wells experiences. The Engineer can assess the adequate protection for the correct commodity classifications, ensure the correct seismic provisions are in place for the type of system to be installed, and provide a professional assurance to a very volatile type of occupancy. It takes a vast number of resources to extinguish a fire of this type. By adding this requirement, it will ensure an added level of safety. Modifications have been made to provide clarification that certain reference documents are not required. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 4904.2.1: This section has been deleted and is covered by the provisions of the California Wildland-Urban Interface Code as adopted and amended.

Section 4107: A new Section 4107, including Sections 4107.1 through 4107.2.3 is added to the Fire Code to provide the fire department with the authority to inspect Mobile Food Preparation Vehicles during special events. This section was removed from the CFC due to conflict in regulations, however HCD agrees that there would be an expectation for fire marshals to have jurisdiction over safety inspections (especially for fire protection equipment and systems’ inspections, testing and maintenance), for participating SPCM MFF during special events requiring CFC 105.6 operational permits (such as Carnivals and Fairs, Exhibits and Trade Shows, or local codified “Special Events” …). See BSC TP-106 (Rev. 10/20) Initial Statement of Reasons June 21, 2021 Rulemaking File SFM 06/21 – Part 9 – 2021 Triennial Code Cycle. This change is necessary as emergency standards to protect health and safety.

Section 5608.1: A new amendment to correctly update an existing amendment referenced in another Indian Wells Municipal Code section (§ 9.53.015 / Ord. 723 § 12, 2019). Amendment language has been cleaned up to avoid any confusion on what may or may not be permitted.

Section 5608.2: A new Section 5608.2 is added to the Fire Code to establish a minimum required radius of the fallout area for aerial shells to be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved. This is necessary due to the climatic wind conditions within Indian Wells. This change is necessary as emergency standards to protect health and safety.

Section B103.2.1: A new Section B103.2.1 is added to the Fire Code to establish the minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area to be 1,500 gallons per minute to ensure that adequate fire-flow is provided. This change is necessary as emergency standards to protect health and safety.

Table B105.2 of Appendix B: This amendment is carried over from the previous Ordinance No. 747. This allows the fire department to still have adequate fire flow mitigation with sprinkler

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protection and not jeopardize main distribution systems by inadequately under sizing them and have costly upgrades for future projects. With the geographical diversity that Indian Wells has it is important that this requirement be added to ensure adequate water in the event of a fire. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section C103.1 of Appendix C: This provision is carried over from the previous Ordinance. This provision is to clarify the additional location of fire hydrants to be at intersections. This requirement has been standard policy within Indian Wells and Riverside County. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

16.33.010 INTERNATIONAL PROPERTY MAINTENANCE CODE

Section 602: A new Section 16.33.010 is adopted to amend Section 602 of the International Property Maintenance Code to require property owners to provide and maintain air conditioning facilities capable of maintaining a maximum indoor temperature of 78°F in all habitable spaces, ensuring safe and habitable living conditions in response to extreme local heat. This change is necessary as emergency standards to protect health and safety.

16.34 CALIFORNIA WILDLAND-URBAN INTERFACE CODE

Section 102.4.1.1: A new section added to the CWUIC to clarify that where a conflict exists between the provisions of the Riverside County Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 104.1.1: Similar to the existing Ordinance 747 amendment to the Fire Code, this section ensures that enforcement capability be disseminated to other law enforcement entities within the Riverside County area because of its vast topography and diversity. This gives the Riverside County Fire Department greater enforcement capabilities due to the presence of these other agencies across the County of Riverside. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 104.2: New amendment to Section 104.2 to clarify that “Guidelines” may be created to render interpretations of the Wildland-Urban Interface Code and shall be enforceable as part of

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the code. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 104.8 and 104.8.1: This amended section is the same as in the Fire Code carried over from the existing Ordinance No. 747 to resolve any conflict between state law and the fire code provisions. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 105.2: This new amendment to CWUIC Section 105.2 adds an additional permit item for “Landscape and Fuel Modification Zones.” This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 108.2: This amended section is similar to the previous Ordinance No. 747 for the Fire Code. This amendment is necessary to identify that fees are in accordance with Indian Wells fee schedule. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 108.7: This new section is similar to the previous Ordinance No. 747 for the fire code.

This section is maintained in accordance with the Health and Safety Code 13009 and 13009.1, and Government Code 53150, et seq. for cost recovery. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 109.3.7: This amended section is similar to the previous Ordinance No. 747 for the fire code provisions. Ordinance No. 747 requires punishments and penalties for violations to be in accordance with Health and Safety Code Sections 17995 through 17995.5. This change is administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Section 202 “Fire Chief”: This new amendment mimics definition from the Fire Code. This definition was added to designate that this term means the Fire Chief of Riverside County whenever the wording appears in the California Fire Code or this Ordinance. This is to distinguish obligatory authority to the Fire Chief or any of the designated representatives for fire prevention measures and declarations in enforcing this Ordinance. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 302.1.1: New amendment designating the Fire Hazard Severity Zones. The Indian Wells City Council has adopted the recommendations of the State Fire Marshal made pursuant to

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Government Code section 51178 and designated those areas within Indian Wells as moderate, high, and very high fire hazard severity zones as shown on the Local Responsibility Area Fire Hazard Severity Zones Maps published by the Office of the State Fire Marshal. The Maps have been adopted by Indian Wells as required by statute. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 501.1: A new amendment clarifying that for the purpose of the special building construction requirements in Chapter 5, a wildland-urban interface area shall be defined as a geographical area identified by the state as a “Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, and other areas designated by the enforcing agency to be at a significant risk from wildfires, and shall include those areas designated as moderate, high, and very high fire hazard severity zones based on recommendations from the State Fire Marshal pursuant to Government Code Section 51178. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 602.1: A new amendment to Section 602.1 to clarify when a Fire Protection Plan is required. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 602.3.2: A new amendment to Section 602.3.2 to clarify the items required in a Final Fire Protection Plan. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 603.1: A new amendment to Section 603.1 to include a reference to replacement landscaping. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 603.3: A new amendment to Section 603.1 to require Landscape and Fuel Modification Plans for any project in a Wildland-Urban Interface Area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 603.3.1: A new amendment to Section 603.3.1 adding the requirement for the delineation of the 5-foot (1524 mm) (Zone 0), 30-foot (9144 mm) (Zone 1) and 100-foot (30 480 mm) (Zone 2) fuel management zones from all structures as part of the landscape plans. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

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Section 604.1: A new amendment to Section 604.1 to delete references to State Responsibility Areas (SRA) to include the defensible space requirements within the local responsibility area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells.

This amendment is necessary as emergency standards to protect health and safety.

Section 604.3: A new amendment to Section 604.3 to include a reference to Appendix A of the CWUIC and Riverside County Fire Department Guidelines. This change is related to administrative practices and exclusively result in the alteration of local programs related to enforcement of building code violations or complaints alleging building code violations.

Section 604.3.1: A new Section 604.3.1 is added to the CWUIC to add a requirement that when required, by the Fire Code Official, or State Law, existing Defensible Space/Fuel Modification Zones (FMZ) shall require retrofitting, including thinning and/or removal of plants, trees, and vegetation, to meet this Code or State Law. Upon notification by the Fire Code Official, and when approved, work to bring an existing Defensible Space and FMZ into compliance with this Code, may be done over a two to four (2-4) year period as determined by the Fire Code Official. A compliance plan prepared by the property owner may be requested for review and approval by the Fire Code Official. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.6: A new Section 604.6 is added to the CWUIC requiring that all improved parcels declared a Public Nuisance shall be cleared entirely of combustible material. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.7: A new Section 604.7 is added to the CWUIC to require clearance of fuels or vegetative growth from structures. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.7.1: A new Section 604.7.1 is added to the CWUIC to specify the requirements for clearance of vegetation around structures located in a Fire Hazard Severity Zone. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.7.2: A new Section 604.7.2 is added to the CWUIC to provide a timeline for the clearance of fuels or vegetative growth from structures. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.7.3: A new Section 604.7.3 is added to the CWUIC to delineate the vegetation clearance requirements around freestanding photovoltaic systems in the wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in

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Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8: A new Section 604.8 is added to the CWUIC to indicate the three defensible space zones. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.1: A new Section 604.8.1 is added to the CWUIC to indicate the code sections for the defensible space requirements. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.2: A new Section 604.8.2 is added to the CWUIC to clarify the purpose and location of Zone 0. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.2.1: A new Section 604.8.2.1 is added to the CWUIC to delineate the Zone 0 requirements for all new buildings, additions to existing buildings, installation of new landscape, and refurbishment of existing landscape areas. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.2.2: A new Section 604.8.2.2 is added to the CWUIC to clarify the vegetation and landscape requirements in Zone 0. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.2.3: A new section heading 604.8.2.3 is added to the CWUIC for the Zone 0 requirements for existing buildings. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.2.3.1: A new Section 604.8.2.3.1 is added to the CWUIC to clarify the Zone 0 requirements applicable to existing buildings with landscape installed prior to January 1, 2026.

This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.3: A new Section 604.8.3 is added to the CWUIC to indicate the purpose and location of Zone 1. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.3.1: A new Section 604.8.3.1 is added to the CWUIC to indicate the requirements and allowable vegetation in Zone 1. This amendment is necessary due to climatic, topographical,

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.4: A new Section 604.8.4 is added to the CWUIC to indicate the purpose and location of Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.4.1: A new Section 604.8.4.1 is added to the CWUIC to indicate the requirements and allowable vegetation in Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.4.2: A new Section 604.8.4.2 is added to the CWUIC to indicate the spacing requirements for trees and vegetation in Zone 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5: A new section heading 604.8.5 is added to the CWUIC for the general requirements for Zone 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.1: A new Section 604.8.5.1 is added to the CWUIC requiring the removal of all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles within Zone 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.2: A new Section 604.8.5.2 is added to the CWUIC requiring the use of combustible mulch and wood chips shall be in accordance with the requirements of Riverside County Fire Department Guidelines within Zones 1 and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.3: A new Section 604.8.5.3 is added to the CWUIC indicating the requirements for firewood within Zones 0, 1, and 2 are found in Section 607 of the code. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.4: A new Section 604.8.5.4 is added to the CWUIC requiring that any portion of a tree or shrub that extends within 10 feet horizontally or vertically of a chimney outlet or stovepipe outlet shall be removed within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

as emergency standards to protect health and safety.

Section 604.8.5.5: A new Section 604.8.5.5 is added to the CWUIC requiring that new trees shall be planted and maintained so that the tree’s drip line at maturity is a minimum of 10 feet from any combustible structure within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.5.1: A new Section 604.8.5.5.1 is added to the CWUIC requiring the horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 20 feet in Zone 1 and not less than 10 feet in Zone 2 and separation distance may be increased for slopes exceeding 20 percent with the required spacing measured between trees at maturity. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells.

This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.5.2: A new Section 604.8.5.5.2 is added to the CWUIC addressing the ground clearance requirements for trees within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.5.3: A new Section 604.8.5.5.3 is added to the CWUIC addressing the ground cover under tree canopies within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.6: A new section heading 604.8.5.6 is added to the CWUIC to address continuous tree canopies within Zone 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.6.1: A new Section 604.8.5.6.1 is added to the CWUIC prohibiting continuous tree canopies adjacent to new structures within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.6.2: A new Section 604.8.5.6.2 is added to the CWUIC to address the requirements for continuous tree canopies adjacent to existing structures within Zones 0, 1, and

2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.8.5.7: A new Section 604.8.5.7 is added to the CWUIC requiring that natural or annual grasses shall be mowed to a maximum height of 4-inch stubble with clippings removed within Zones 0, 1, and 2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect

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City of Indian Wells
Ordinance No. __

health and safety.

Section 604.9: A new Section 604.9 is added to the CWUIC addressing defensible space requirements around communication site towers and their support buildings; required fire protection water supplies, including water tanks, water supply pumps, and pump houses; and any other utility structure as required by the Fire Code Official within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.10: A new Section 604.10 is added to the CWUIC prohibiting vegetation planted under or adjacent to energized power lines that, at maturity, will grow within 10 feet of the energized conductors within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.11: A new section heading 604.11 is added to the CWUIC to address fencing requirements within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.11.1: A new Section 604.11.1 is added to the CWUIC to address fencing requirements within Zone 0 in a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 604.11.2: A new Section 604.11.2 is added to the CWUIC to require new fencing and gates to be constructed of a non-combustible material in a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells.

This amendment is necessary as emergency standards to protect health and safety.

Section 604.11.3: A new Section 604.11.3 is added to the CWUIC to allow fencing installed prior to January 1, 2026 in a wildland-urban interface area to remain, except the entire fencing not parallel and within 5 feet of the building, including gates within the fencing, shall be constructed of a non-combustible material when any portion of the existing fencing within 5 feet is replaced.

This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 607.1: A new amendment to Section 607.1 of the CWUIC to prohibit the storage of firewood within Zone 0. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 607.1.1: A new Section 607.1.1 is added to the CWUIC requiring combustible materials, other than vegetation, stored within Zones 1 and 2 shall not be stored so as to pose a hazard to

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

any building and that piles shall not exceed 100 square feet of area and a maximum height of 10 feet and shall be separated by a minimum of 20-foot clear area when located within a wildland- urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 607.2: A new amendment to Section 607.2 of the CWUIC to prohibit the storage of firewood and combustible materials not for consumption on the premises within Zones 0, 1, and

2. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 608.1.1: A new Section 608.1.1 is added to the CWUIC with restricted development setbacks for new structures and additions to existing structures located less than 100 feet from any protected habitat within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 608.2: A new amendment to Section 608.2 of the CWUIC expanding the applicability of the required 30-foot setback to new tract and parcel maps, new buildings, and additions to existing buildings within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 608.2.1: A new amendment to Section 608.2.1 of the CWUIC deleting the exception of complying with the special building construction requirements as a setback reduction within a wildland-urban interface area, since the structures would already be subject to those requirements. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 609.2.7.1: A new amendment to Section 608.2.7.1 of the CWUIC addressing the approval of greenbelt locations within a wildland-urban interface area. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section 609.2.7.2: A new amendment to Section 608.2.7.2 of the CWUIC addressing the access points to proposed greenbelt locations for subdivisions and other developments within a wildland- urban interface area to allow for on-going maintenance and firefighter access. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section A102.1: A new amendment to Section A102.1 of the CWUIC adding a reference for vegetation control to Chapter 6 of the Wildland-Urban Interface Code. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

amendment is necessary as emergency standards to protect health and safety.

Section A105.1: A new amendment to Section A105.1 of the CWUIC adding a reference for the storage and use of materials to Chapter 6 of the Wildland-Urban Interface Code. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells. This amendment is necessary as emergency standards to protect health and safety.

Section A105.4: A new amendment to Section A105.4 of the CWUIC adding a reference for the outside storage and use of combustible materials to the applicable fire code sections. This amendment is necessary due to climatic, topographical, and geological conditions in Indian Wells.

This amendment is necessary as emergency standards to protect health and safety.

REMAINDER OF CODES

The remainder of the amendments not listed in this Section are necessary for administrative clarification, and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. They establish administrative standards for the effective enforcement of the building standards in the City of Indian Wells. These changes are administrative and the changes or modifications are substantially equivalent to changes or modifications that were previously filed by the City Council and were in effect as of September 30, 2025.

Council Meeting Agenda- October 16, 2025

City of Indian Wells
Ordinance No. __

Exhibit B
Indian Wells Municipal Code, Title 16

[provided under a separate cover]

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
Downloaded from https://ecode360.com/IN4940 on 2025-07-18 Title 16

BUILDING AND CONSTRUCTION
Chapter 16.04

DEFINITIONS
§ 16.04.010. Generally.
§ 16.04.020. Administrative
Authority—Building Official.
§ 16.04.030. Building Department.
§ 16.04.040. City.
§ 16.04.050. City Council.
§ 16.04.060. County agency.
§ 16.04.070. Mayor.
§ 16.04.080. Person.

Chapter 16.08

ADMINISTRATION AND CONSTRUCTION

STANDARDS
§ 16.08.010. Administration—Responsibilities
of the Building Official.
§ 16.08.020. Application.
§ 16.08.030. Miscellaneous regulations.
§ 16.08.040. Prefabricated buildings.
§ 16.08.050. Certificate of Occupancy.

Chapter 16.10

ADDRESSING PROPERTY AND BUILDINGS
§ 16.10.010. Purpose and authority to assign
numbers.
§ 16.10.020. Procedure for assigning
numbers.
§ 16.10.030. Official numbering system.

Chapter 16.12

CALIFORNIA BUILDING CODE
§ 16.12.000. Adopted by reference.
§ 16.12.010. Amendment to Section
113—Board of Appeals.
§ 16.12.020. Amendment to Section
105.5—Permits—Expiration.
§ 16.12.030. Amendment to Section
109.2—Fees—Schedule of
permit fees.
§ 16.12.040. Addition to Section
110.1—Inspections—General.
§ 16.12.050. Amendment to Section
1505.1—Fire
Classification—General—Deleting
combustible roofing materials
from the list of permissible
roofing materials for roofing a
new structure except for re-
roofs.
§ 16.12.055. Addition of Section
903.2.8.2—Alterations or
reconstruction of residential
structures.
§ 16.12.070. Amendment to Sections
907.2.8—Group R-1;
907.2.9—Group R-2 and R-2.1;
and 907.2.10—Group R-4.

Chapter 16.16

CALIFORNIA MECHANICAL CODE
§ 16.16.000. Adopted by reference.
§ 16.16.010. Section 104.5—Fees—Permit
fees.

Chapter 16.20

CALIFORNIA PLUMBING CODE
§ 16.20.000. Adopted by reference.
§ 16.20.010. Section 104.5—Fees.

Chapter 16.24

CALIFORNIA ELECTRICAL CODE
§ 16.24.000. Adopted by reference.
§ 16.24.010. Amendment to Sections
310.3(B) and
311.12—Conductors—Conductor
material.

ATTACHMENT #2

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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INDIAN WELLS CODE

§ 16.24.020. Addition to Section
230.1—Services—Scope.
§ 16.24.030. (Reserved)

Chapter 16.25

CALIFORNIA ENERGY CODE

§ 16.25.000. Adopted by reference.

Chapter 16.26

CALIFORNIA HISTORICAL BUILDING
CODE

§ 16.26.000. Adopted by reference.

Chapter 16.28

RELOCATIONS

§ 16.28.010. Permit required.
§ 16.28.020. Conditions for permit issuance.
§ 16.28.030. Application form and fees.
§ 16.28.040. Information required along
with application.
§ 16.28.050. Possibility of conditional
permit.
§ 16.28.060. Certain collateral required
from applicant.
§ 16.28.070. Default of conditions of permit.
§ 16.28.080. Requirements prior to
transport.
§ 16.28.090. Temporary relocation permits.
§ 16.28.100. "Farm labor camps" exempt.
§ 16.28.110. Access to premises by Building
Official.

Chapter 16.30

UNIFORM SWIMMING POOL, SPA AND

HOT TUB CODE

§ 16.30.000. Adopted by reference.

Chapter 16.31

ESTABLISHING BARRIERS FOR

SWIMMING POOLS, SPAS AND HOT TUBS

§ 16.31.010. General.
§ 16.31.020. Definitions.
§ 16.31.030. Requirements.

Chapter 16.32

CALIFORNIA FIRE CODE

§ 16.32.000. Adoption by reference.
§ 16.32.010. General authority and
responsibilities—Amendments and additions.
§ 16.32.020. Nonconforming storage
containers.
§ 16.32.030. Outdoor fires prohibited.

Chapter 16.33

INTERNATIONAL PROPERTY

MAINTENANCE CODE

§ 16.33.000. Adopted by reference.
§ 16.33.010. Amendments and additions to Section 602

Chapter 16.34

CALIFORNIA WILDLAND-

URBAN INTERFACE CODE

§ 16.34.000. Adopted by reference.
§ 16.34.010. Amendments and Additions.

Chapter 16.35

CALIFORNIA GREEN BUILDING

STANDARDS CODE

§ 16.35.000. Adopted by reference.

Chapter 16.36

FLOODPLAIN MANAGEMENT

§ 16.36.008. Statutory authorization.
§ 16.36.010. Findings of fact.
§ 16.36.020. Statement of purpose.
§ 16.36.030. Methods of reducing flood
losses.
§ 16.36.040. Definitions.
§ 16.36.050. Lands to which this Chapter
applies.
§ 16.36.060. Basis for establishing the areas
of special flood hazard.

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City of Indian Wells, CA
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§ 16.36.070. Compliance.
§ 16.36.080. Abrogation and greater
restrictions.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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BUILDING AND CONSTRUCTION

§ 16.36.090. Interpretation and application.
§ 16.36.100. Warning and disclaimer of
liability.
§ 16.36.110. Severability.
§ 16.36.120. Standards of construction.
§ 16.36.130. Standards for utilities.
§ 16.36.140. Standards for subdivisions.
§ 16.36.150. Standards for manufactured
homes.
§ 16.36.160. Floodways.
§ 16.36.170. Development permit
application requirements.
§ 16.36.180. Designation of the floodplain
administration.
§ 16.36.190. Duties and responsibilities of
the Floodplain Administrator.
§ 16.36.200. Variance and appeal
procedure.
§ 16.36.210. Variances—Conditions of
issuance.

Chapter 16.38

CALIFORNIA RESIDENTIAL CODE

§ 16.38.000. Adopted by reference.
§ 16.38.010. Amendment to Section
R309.1—Townhouse automatic
fire sprinkler systems.
§ 16.38.020. Amendment to Section R309.2
One- and two-family dwellings
automatic fire sprinkler
systems.

Chapter 16.40

ABOVEGROUND STORAGE OF

FLAMMABLE/COMBUSTIBLE LIQUIDS OR
GASES

§ 16.40.010. Requirements.

Chapter 16.50

TRANSPORTATION DEMAND

MANAGEMENT REQUIREMENTS FOR

SPECIFIED NEW DEVELOPMENT

PROJECTS

§ 16.50.010. Purpose and intent.
§ 16.50.020. Definitions.
§ 16.50.030. Applicability.
§ 16.50.040. Exemptions.
§ 16.50.050. Minimum standards.
§ 16.50.060. Processing time limits for the
TDM application.
§ 16.50.070. Filing procedure and
evaluation.
§ 16.50.080. Renewal/review for compliance.
§ 16.50.090. Fees for initial review and
program monitoring.
§ 16.50.100. Enforcement and penalties.
§ 16.50.110. Appeals.

Chapter 16.52

STORM WATER MANAGEMENT AND

DISCHARGE CONTROLS

§ 16.52.010. Title—Purpose and general
provisions.
§ 16.52.020. Discharge regulation and
requirements.
§ 16.52.030. Inspection and enforcement.

Chapter 16.60

POST DISASTER SAFETY ASSESSMENT

PLACARDS

§ 16.60.010. Intent.
§ 16.60.020. Application of provisions.
§ 16.60.030. Definition of safety assessment.
§ 16.60.040. Placards.

Chapter 16.70

LAND USE FOR RECONSTRUCTION

AFTER A DISASTER

§ 16.70.010. Intent.
§ 16.70.020. Application of provisions.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA

INDIAN WELLS CODE
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§ 16.70.030. Definitions.
§ 16.70.040. Land use requirements.
§ 16.70.050. Board of Appeals.

Chapter 16.75

WASTE MANAGEMENT PLAN FOR

CERTAIN CONSTRUCTION AND

DEMOLITION PROJECTS WITHIN THE

CITY OF INDIAN WELLS

§ 16.75.010. Short title.
§ 16.75.015. Purpose.
§ 16.75.020. Definitions.
§ 16.75.025. Application of Chapter to
covered projects.
§ 16.75.030. Designated recyclable and
reusable materials.
§ 16.75.035. Required diversion rates.
§ 16.75.040. Projects exempt from this
Chapter.
§ 16.75.045. Expansion or construction of
new trash enclosures for
existing lawfully established
uses.
§ 16.75.050. Waste management plan
requirements.
§ 16.75.055. Review of waste management
plan.
§ 16.75.060. Waste management compliance
reporting.
§ 16.75.065. Partial exemption from
compliance with this Chapter.
§ 16.75.070. Appeal.
§ 16.75.075. Violation of this Chapter.
§ 16.75.080. Prosecution of violations.
§ 16.75.085. Penalties and administrative
proceedings.
§ 16.75.090. Remedies not exclusive.

Chapter 16.80

POST-DISASTER DEMOLITION

§ 16.80.010. Intent.
§ 16.80.020. Application of provisions.
§ 16.80.030. Definitions.
§ 16.80.040. Demolition criteria.
§ 16.80.050. Demolition criteria for historic
buildings or structures.
§ 16.80.060. Board of Appeals.

Chapter 16.90

DISASTER REPAIR AND

RECONSTRUCTION

§ 16.90.010. Intent.
§ 16.90.020. Application of provisions.
§ 16.90.030. Definitions.
§ 16.90.040. Repair criteria.
§ 16.90.050. Repair criteria for chimney.
§ 16.90.060. Repair criteria for essential
services facilities.
§ 16.90.070. Repair criteria for historic
building or structures.
§ 16.90.080. Repair criteria for unreinforced
masonry buildings and
structures.
§ 16.90.090. Board of Appeals.

Chapter 16.100

SMALL RESIDENTIAL ROOFTOP SOLAR

SYSTEMS

§ 16.100.010. Applicability and purpose.
§ 16.100.020. Definitions.
§ 16.100.030. Small residential rooftop solar
system requirements.
§ 16.100.040. Electronic processing.
§ 16.100.050. Application review.
§ 16.100.060. Inspections.

Chapter 16.110

ELECTRIC VEHICLE CHARGING

STATIONS

§ 16.110.010. Applicability.
§ 16.110.020. Applicability.
§ 16.110.030. Definitions.
§ 16.110.040. Electric vehicle charging station
requirements.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA

BUILDING AND CONSTRUCTION
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§ 16.110.050. Duties of the City's Building
Official.
§ 16.110.060. Permit review requirements.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.04.010 BUILDING AND CONSTRUCTION § 16.04.080
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Title 16. Building and Construction
ChapterCHAPTER 16.04.

DEFINITIONS

§ 16.04.010. Generally.

Whenever in this Title the following names or terms are used, such names or terms shall have the meanings ascribed to them by this Chapter.

§ 16.04.020. Administrative Authority—Building Official. "Administrative Authority" or "Building Official" means the Building Official appointed by the City Manager of the City of Indian Wells.

§ 16.04.030. Building Department.
"Building Department" means the Building Department of the City of Indian Wells or other designated agency.

§ 16.04.040. City.
"City" means the City of Indian Wells or the incorporated territory within the City of Indian Wells as the text may require.

§ 16.04.050. City Council.
"City Council" means the City Council of the City of Indian Wells.

§ 16.04.060. County agency.
"County agency" means any agency of Riverside County under contract with the City of Indian Wells and performing services for the City of Indian Wells.

§ 16.04.070. Mayor.
"Mayor" means the Mayor of the City of Indian Wells.

§ 16.04.080. Person.
"Person" means a natural person, his or her heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

It includes the State, an agency of the State, special districts, and local agencies, except those exempt by State law.

Council Meeting Agenda- October 16, 2025

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§ 16.08.010 BUILDING AND CONSTRUCTION § 16.08.030
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ChapterCHAPTER 16.08.

ADMINISTRATION AND CONSTRUCTION STANDARDS

§ 16.08.010. Administration—Responsibilities of the Building Official.

For the purpose of administering and enforcing this Title and providing an inspector to enforce State and building safety laws, there is established in the City a Building Department which shall be under the jurisdiction of the Building Official.
(a)
(a) Appointment by City Manager. The Building Official shall be appointed by the City Manager. (b)
(b) Reports and Recommendations. The Building Official shall submit, when directed, interim reports and an annual report to the City Manager covering the work of his or her department during the preceding period and containing a summary of his or her recommendations as to desirable amendments to the codes.
(c)
(c) City Enforcement Official. The Building Official is designated as the City Enforcement Official referred to in Section 19122 of the Health and Safety Code of the State.

§ 16.08.020. Application.
(a)
(a) General. This Title applies to all buildings and structures, or parts thereof, in the incorporated area of the City, unless hereafter specifically exempted.
(b)
(b) Use of Heat and Cooling Equipment on Rooftops Restricted. Unless specifically approved by the Landscape Architectural Committeeappropriate committee, commission or city official, there shall not be installed any refrigeration, heating, or mechanical equipment on the roof of any building or structure.

In no event shall any equipment be visible from any nearby property; except that solar collectors which are thoroughly integrated into the building design may be permitted, provided that a determination has been made by the Architectural Landscape Committee and City staff that no aesthetically detrimental effect will occur in relation to adjacent and nearby properties. (c)
(c) Construction in Violation of City Code. No building permit shall be issued by the Building Official for any structure if the construction thereof violates any provision of the City subdivision and zoning ordinances (Titles 20 and 21).
(d)
(d) Penalty for Violation. Any person, firm or corporation who violates any of the provisions of this Title, or occupies or causes to be occupied any building without authorization from the City, or who interferes with or obstructs the work of the Building Official or authorized representatives, while engaged in the act of making lawful inspections of any building or building site, or who continues working in violation of posted stop work notice, or demolishes or removes any building or structure without authority from the Building Official, shall be guilty of a misdemeanor, and upon conviction

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. (e)
(e) Liability. This Title shall not be constructed as imposing upon the City of Indian Wells, or upon any of its officers or employees, any liability or responsibility for injury or damages resulting from any building, plumbing, electrical or mechanical work approved or performed pursuant to this Title, or by reason of any permit issued or inspection performed thereunder.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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§ 16.08.030. Miscellaneous regulations.
(a)
(a) Title Applicable to Salvaged Vehicle Body Used for Inhabitation or Business. No one shall use as a place of habitation, residence or business any discarded, used, secondhand, salvaged, abandoned or replaced street car, box car, refrigerator car, motor bus body or similar vehicle body, unless such structures are altered, changed or reconstructed so as to comply with all other conditions and requirements of this Title.
(b)
(b) Self-Accomplishment of Title Requirements Not Prohibited. Nothing in this Title shall be construed as prohibiting any person from doing his or her own work in accordance with the provisions of this Title, nor from employing any qualified and licensed person to work on a building or structure to which the provisions of this Title apply. The reasonable value of such labor shall be included in the permit valuation. Prior to the issuance of a permit, all construction plans submitted shall be complete in detail in accordance with accepted architectural and engineering practices. Prior to final inspection, occupancy or use, a completion bond may be required by the Building Official to guarantee landscaping or other City requirements.
(c)
(c) Exempted Buildings and Structures—When No Longer Exempt. Notwithstanding any of the provisions of this Title exempting certain buildings or structures from its application, any person may submit an application of this Title, provided, if the permit is issued with knowledge by the applicant that a permit is not required, the provisions of this Title shall thereafter apply to the construction. (d)
(d) Construction Identity by Sign Conditions. All buildings constructed in places other than a subdivision shall have posted a legible sign bearing the street address, and all subdivisions shall have lot numbers posted in a like manner so that the sign may be read from the road, highway or ingress easement. Such sign shall not exceed two (2) square feet in size.
(e)
(e) Building Official May Employ Qualified Assistance in Plan Checking. To facilitate and expedite the function of plan checking during periods of heavy work load, the Building Official may, at his or her discretion, employ engineering firms or their facilities to check plans and specifications at the same fees that are allowed to the Building Department.
(f)
(f) Underground Utilities. Utilities, including, but not limited to, electric, communications, vaults and other appurtenances, street lighting and cable television, shall be placed underground on all new buildings and when additions, remodeling, or repairs exceed fifty percent (50%) of fair market value of existing buildings. In every case where electric meter service panel is changed or altered, service entrance wiring shall be placed underground. Utilities for the purpose of this Section shall include appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and ducting. (g)
(g) Exceptions for Underground Utilities. If for some reason utility vaults and other appurtenances cannot be placed underground, the applicant can request a waiver subject to the review and approval of the Architecture Landscape Committee, the Planning Commission, and the City Council.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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§ 16.08.040. Prefabricated buildings.
(a)
(a) Subject to Regulations of New Buildings. Prefabricated buildings which are to be located in the City, are subject to all of the provisions of this Title regulating the construction of new buildings and shall not be considered as relocations.
(b)
(b) Meaning of "Prefabricated Buildings." A prefabricated building is designed as a building which is

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.08.040 BUILDING AND CONSTRUCTION § 16.08.050
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assembled, or partly assembled, at a place other than the site on which it is to be permanently located.

It does not include the prefabrication of panels which are then assembled at the permanent building site.

§ 16.08.050. Certificate of Occupancy.
(a)
(a) No occupancy of any building is permitted until a Certificate of Occupancy is issued. The Certificate of Occupancy and approval for permanent utility service shall be issued only after the final building, architecture and landscape inspections have been made.
(b)
(b) The owner, developer or contractor must request a final building inspection through the City's Building Department to confirm compliance with all requirements of Title 16 Building and Construction of this Code and any final architecture and landscape inspections required through the City's project approvals.

Prior to the issuance of the Certificate of Occupancy and release of utilities, all properties utilized for the temporary storage of construction materials, equipment, vehicles or construction trailers (office and storage) shall have all construction material, equipment, sanitary facilities or refuse cleared and the site returned to its original condition.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.10.010 BUILDING AND CONSTRUCTION § 16.10.030
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ChapterCHAPTER 16.10.

ADDRESSING PROPERTY AND BUILDINGS

§ 16.10.010. Purpose and authority to assign numbers.

To provide for the administration of a uniform addressing system, the Building Department of the City shall maintain an "official address map" for the City and shall assign all numbers to lots, buildings and/or units in accordance with the provisions hereof. Numbers shall be assigned when required to identify any property, buildings, or units. New numbers may be assigned to previously numbered property in order to provide a uniform system and to correct conflicts, errors, or inconsistencies.

§ 16.10.020. Procedure for assigning numbers.
(a)
(a) Eligibility. Any person owning or controlling property may apply for a new address by providing adequate description of the property or buildings to be assigned and the name of the property owner and tenants of the same.
(b)
(b) Identification of Property. The application shall be processed in a manner to adequately provide for building or unit identification for the post office department, utility company personnel, City fire and police personnel and the general public.
(c)
(c) Inconsistencies. Where conflicts or inconsistencies arise, the department may initiate a change in numbers on its own, provided that all other requirements are met regarding proper notice. (d)
(d) Notification. Once a number or numbers are assigned, the applicant shall be notified in person or by mail, or both, as shall the post office, electric, water and gas utilities and any tenant listed on the application.
(e)
(e) Posting of Numbers. It shall be the duty of the owner or person in possession of any property to properly post the assigned number within ten (10) days after such notice is received. The minimum four inch (4″) high number shall be located in a position on the building to make it clearly visible from a street during the daytime; except, subunit designations on individual apartments, shops and similar spaces shall be located on or near the entrance door of the subunit. Said number shall correspond to the one assigned by the City, and shall be posted at all times. In the event a number is removed, deteriorates, or is no longer visible, the property owner and/or tenant shall be subject to the provisions of this Chapter with respect to posting.

§ 16.10.030. Official numbering system.

For the purpose of maintaining uniform numbering, buildings and lots shall be numbered so that odd numbers shall be to the west and south and even numbers shall be to the north and east. To the fullest extent possible, the department shall attempt to maintain a uniform system consistent with that in general use in the County.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.12.000 BUILDING AND CONSTRUCTION § 16.12.020
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ChapterCHAPTER 16.12.

CALIFORNIA BUILDING CODE

§ 16.12.000. Adopted by reference.
(a)
(a) The California Building Code, Title 24, Part 2, 20222025 Edition, Volumes 1 and 2 including Chapter 1 and Appendices I, OJ, and P, and Q which incorporates and amends the International Building Code, 20212024 Edition published by the International Code Council, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the building code of the City. (b)
(b) At least one (1) copy of said codes are on file in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

§ 16.12.010. Amendment to Section 113—Board of Appeals.

Section 113 of the California Building Code is amended in its entirety to read as follows:
113.1 113.1 General. The City Council shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The City Council shall render all decision and findings in writing to the appellant with a duplicate copy to the Building Official.
113.2 113.2 Limitations and Authority. The City Council shall have the authority to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to building standards of the California Building Standards Code.
113.3 Procedure for Filing an Appeal. Any person desiring a review of a decision by the Building Official may file a request with the City Council for a hearing, upon the forms provided by the Building Official within ten (10) days after the date of said decision. The effect of the decision to be reviewed is suspended until the termination of the hearing.
113.4 Hearing. The City Council shall fix the time and place of the hearing which shall be at a meeting of the City Council held not less than five (5) nor more than fifteen (15) working days after the date of filing of the request for hearing. The City Council shall give written notice of the time and place of the hearing to the applicant and the Building Official. Witnesses may be sworn and examined, and evidence produced by the interested parties who shall appear in person only. The Board shall keep a record of the proceedings of each hearing.
113.5 Recommendation of the Board. The City Council shall make written findings and conclusions of its recommendations to the Building Official within five (5) days after the close of the hearing. The affirmative vote of not less than three (3) members shall constitute the recommendation of the Council.

§ 16.12.020. Amendment to Section 105.5—Permits—Expiration.

Section 105.5 of the California Building Code is amended to read as follows:

Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve (12) months from the date of such permit, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days, or if the building or work authorized by such permit is not completed within two (2) calendar years

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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from the issuance date of the permit.

Before such work can be recommenced, a new permit, or a renewed permit as specified below, shall be first obtained.

For permits where work has not commenced, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) a fee equal to one half the amount required for a new permit is paid.

For permits where work had commenced and was subsequently suspended or abandoned, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; (2) the expiration has not exceeded two (2) years from the original issuance date; and (3) a fee equal to one half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point whereby only a final inspection is required, a fee equal to one quarter the amount required for a new permittwo inspections per the adopted fee schedule resolution shall be paid.

For permits where construction activities have exceeded two (2) years beyond the issuance date or any extension thereof, a renewed permit is required. The renewed permit shall not be issued unless the permittee signs an agreement committing to complete the building, or at a minimum to complete all exterior work including but not limited to painting and landscaping, within a reasonable period of time as determined by the Building Official. The permittee shall post a completion bond in the estimated amount of the work remaining to be done.

Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he was unable to complete the work within the time required by this Section. The Building Official may extend the time for completion by the permittee for one or more periods not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the construction work. The Building Official may require the permittee to sign an agreement committing to complete the work within a reasonable period of time as determined by the Building Official and to post a completion bond in the estimated amount of the work remaining to be done.

Failure to complete the work of construction within the time required is a violation subject to punishment as provided in the Indian Wells Municipal Code. The Building Official is authorized to abate any unsafe condition or nuisance created by such incomplete work.

§ 16.12.030. Amendment to Section 109.2—Fees—Schedule of permit fees.

Section 109.2 of the California Building Code is amended to read as follows:

The fee for each permit shall be as set forth by fee resolution of the City Council.

§ 16.12.040. Addition to Section 110.1—Inspections—General.

The following sentence is added to the end of Section 110.1 of the California Building Code to read as follows:

Survey stakes shall be provided prior to first inspection and maintained so they are clearly visible until after the Certificate of Occupancy has been issued, except for repair or remodeling work which does not relate to setback requirements.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.12.040 BUILDING AND CONSTRUCTION § 16.12.070
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§ 16.12.050. Amendment to Section 1505.1—Fire Classification—General—Deleting combustible roofing materials from the list of permissible roofing materials for roofing a new structure except for re-roofs.

Section 1505.1 is amended to read as follows:

Section 1505.1. The roof covering on any new residential structure regulated by this Code shall be a Class A roof covering as specified in Section 1505.2. All roof coverings on new structures shall be Class A roof covering as specified in Section 1505.2. The Class A roof covering shall comply with the test standard for determining fire retardancy of roof covering materials and comply with the Indian Wells Building Code. (a)
(a) The roof-covering assembly includes the roof deck, interlayment, insulation, and the Class A covering. (b)
(b) Re-Roofing an Existing Structure. All re-roofings of existing structures, including partial re-roofings where re-roof is in excess of 25% of the entire roof covering, shall be Class A fire retardant roof coverings that conform to California Building Code, 20192025 Edition for Class A roof coverings.

§ 16.12.055. Addition of Section 903.2.8.2903.2.8.4—Alterations or reconstruction of residential structures.

Section 903.2.8.2903.2.8.4 is added to read as follows:

Where over 50% of the roof framing is removed on a residential structure, in addition to over 50% of the structure's exterior walls, the reconstruction shall be subject to incorporation of aan automatic fire sprinkler system throughout the entire structure.

§ 16.12.070. Amendment to Sections 907.2.8—Group R-1; 907.2.9—Group R-2 and R-2.1; and 907.2.10—Group R-4.
(a)
(a) The following is added to the end of Section 907.2.8 of the California Building Code to read as follows:

When a permit is required for an addition, alteration or repair to a Group R-1 Occupancy or when one or more sleeping rooms are added or created in existing Group R-1 Occupancies, smoke detectors shall be installed in accordance with this Section.

EXCEPTION: Repairs to the exterior surfaces of a Group R-1 Occupancy are exempt from the requirement of this Section.
(b)
(b) The following is added to the end of Section 907.2.9 of the California Building Code to read as follows:

When a permit is required for an addition, alteration or repair to a Group R-2 or R-2.1 Occupancy or when one or more sleeping rooms are added or created in existing Group R-2 or R-2.1 Occupancies, smoke detectors shall be installed in accordance with this Section.

EXCEPTION: Repairs to the exterior surfaces of a Group R-2 or R-2.1 Occupancy are exempt from the requirement of this Section.
(c)

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.12.040 BUILDING AND CONSTRUCTION § 16.12.070
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(c) The following is added to the end of Section 907.2.10 of the California Building Code to read as follows:

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.12.070 INDIAN WELLS CODE § 16.12.070
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When a permit is required for an addition, alteration or repair to a Group R-4 Occupancy or when one or more sleeping rooms are added or created in existing Group R-4 Occupancies, smoke detectors shall be installed in accordance with this Section.

EXCEPTION: Repairs to the exterior surfaces of a Group R-4 Occupancy are exempt from the requirement of this Section.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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CHAPTER 16.16
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Chapter 16.16. CALIFORNIA MECHANICAL CODE

§ 16.16.000. Adopted by reference.
(a)
(a) The California Mechanical Code, Title 24, Part 4, 20222025 Edition, including Chapter 1, Division II and Appendices B, and C and D, which incorporates and amends the Uniform Mechanical Code, 20212024 Edition, published by the International Association of Plumbing and Mechanical Officials with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the mechanical code of the City.
(b)
(b) At least one (1) copy of said mechanical code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

§ 16.16.010. Section 104.5—Fees—Permit fees.

Section 104.5 of the California Mechanical Code is amended to read as follows:

The fee for each permit shall be as set forth by fee resolution of the City Council.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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Chapter 16.20. CALIFORNIA PLUMBING CODE

§ 16.20.000. Adopted by reference.
(a)
(a) The California Plumbing Code, Title 24, Part 5, 20222025 Edition including Chapter 1, Division II and Appendices A, B, D, H, I, and J, M, N, R and S, which incorporates and amends the Uniform Plumbing Code, 20182024 Edition, published by the International Association of Plumbing and Mechanical Officials, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the plumbing code of the City.
(b)
(b) At least one (1) copy of said plumbing code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

§ 16.20.010. Section 104.5—Fees.

Section 104.5 of the California Plumbing Code is amended to read as follows:

The fee for each permit shall be as set forth by fee resolution of the City Council.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.24.000 BUILDING AND CONSTRUCTION § 16.24.030
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Chapter 16.24. CALIFORNIA ELECTRICAL CODE

§ 16.24.000. Adopted by reference.
(a)
(a) The California Electrical Code, Title 24, Part 3 20222025 Edition which incorporates and amends the National Electrical Code, 20202023 Edition, published by the National Fire Protection Association, including Article 89, with changes, additions, and deletions set forth in this Chapter, are adopted by reference as the electrical code of the City.
(b)
(b) At least one (1) copy of said electrical code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

§ 16.24.010. Amendment to Sections 310.3(B) and 311.12—Conductors—Conductor material.

The following shall be added to Sections 310.3(B) and 311.12 of the California Electrical Code:

Aluminum conductor limitations. No aluminum wiring shall be used. Exception: Aluminum wiring in sizes 1/0 and larger may be used for main feed to sub-panels only and shall be enclosed in a raceway.

§ 16.24.020. Addition to Section 230.1—Services—Scope.

The following shall be added to Section 230.1 of the California Electrical Code:

Utility lines, including but not limited to electric communications, street lighting and cable television, shall be placed underground on all new buildings. When additions, remodeling or repairs exceeds fifty percent (50%) of fair market value of existing buildings, all overhead service entrances shall be placed underground.

In every case where electric meter service panel is changed or altered, service entrance wiring shall be placed underground. Utilities, for the purpose of this Section shall include appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and ducting.

§ 16.24.030. (Reserved)

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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CHAPTER 16.24
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Chapter 16.25. CALIFORNIA ENERGY CODE

§ 16.25.000. Adopted by reference.
(a)
(a) The California Energy Code, Title 24, Part 6, 20222025 Edition and appendices thereof, as approved by the California Building Standards Commission, prescribing regulations governing the building envelope, space-conditioning system, water-heating systems, indoor lighting systems, outdoor lighting systems, and indoor and outdoor signs installations, construction, maintenance, alteration, and repair, are adopted by reference as the energy code of the City. (b)
(b) At least one (1) copy of said energy code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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CHAPTER 16.24
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Chapter 16.26. CALIFORNIA HISTORICAL BUILDING CODE

§ 16.26.000. Adopted by reference.
(a)
(a) The California Historical Building Code, Title 24, Part 8, 20222025 Edition and appendices thereof, as approved by the California Building Standards Commission, prescribing regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties within the City, are adopted by reference as the historical building code of the City.
(b)
(b) At least one (1) copy of said historical building code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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ChapterCHAPTER 16.28.

RELOCATIONS

§ 16.28.010. Permit required.

No person shall relocate on, or move onto any premises, or permit to be relocated on or moved onto any premises, any building or structure that is subject to the provisions of this Title, without first obtaining a relocation permit from the Building Official.

§ 16.28.020. Conditions for permit issuance.

The Building Official shall issue relocation permits only for buildings or structures that either conform to all the requirements of this Title or that will conform to the standards of this Title without substantial structural, wiring or plumbing changes. No relocation permit shall be issued for any building or structure if the proposed relocation, or use thereof, will violate any law or ordinance.

§ 16.28.030. Application form and fees.

Applications for a relocation permit shall be made upon the form provided by the Building Official. The fee for filing an application is fifty dollars ($50.00); the fee shall be increased at the current Federal mileage rate per mile for each mile between the building and the nearest point on the boundary of the City, measured by way of the shortest route usually traveled. If the application is approved, an additional fee of fifteen dollars ($15.00) shall be paid prior to the issuance of the relocation permit.

§ 16.28.040. Information required along with application.

In order to determine whether a permit shall be issued, the Building Official shall require the applicant to furnish photographs of the building or structure; the written report of a qualified termite inspector that it is free from termites or other vermin; plans, specifications and a detailed written description of any proposed repair, alteration or addition to the building or structure; and such other information as he or she deems necessary, all to be furnished by and at expense of the applicant, and the Building Official may cause to be made any investigation which he or she believes necessary.

§ 16.28.050. Possibility of conditional permit.

If the Building Official determines that the building or structure may be relocated within or into the City, and that its relocation at the proposed site shall not violate any law or ordinance, he or she shall then determine what changes are necessary for the building or structure to conform to the standards of this Title.

The Building Official shall then issue a relocation permit which specifies all work that must be done, and a reasonable time limit for the completion of such work, except that if no time limit is specified, it shall be completed within ninety (90) days after issuance of the permit; provided, that any such time limit may for good cause be extended for an additional period by written order of the Building Official. The relocation permit shall be construed as a conditional relocation permit, and it shall so state thereon, until all the work required by the Building Official has been completed.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.28.060 BUILDING AND CONSTRUCTION § 16.28.110
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§ 16.28.060. Certain collateral required from applicant.

No relocation permit shall be issued unless the applicant shall first post with the Building Official a cash deposit in an amount equal to the cost of the required work, or the cost of removal or demolition of the building or structure, whichever is the higher, plus twenty percent (20%), the cost to be as estimated by the Building Official. The applicant may substitute for the cash deposit, a letter of credit, a savings and loan certificate, or other negotiable security; provided, that no substitute for a cash deposit shall be acceptable if it may be recalled by the applicant without the consent of the City, or if it requires any act other than the cashing thereof for collection by the City. A surety bond in a form acceptable to the City, executed by a corporate surety acceptable to the City, may be substituted for the cash deposit. The return of the cash deposit or other security to the applicant shall be conditioned upon the performance of all of the terms and conditions of the permit within the time limit specified therein or in this Title, or any extension thereof.

§ 16.28.070. Default of conditions of permit.

Whenever a default has occurred in the performance of any term or condition of the relocation permit, the Building Official shall give written notice thereof in person or by certified mail to the applicant, specifying therein the default that has occurred and the period of time to be allowed for the completion of such work.

Notice mailed to the address given by the applicant on his or her application form shall be deemed sufficient for all purposes. If on the expiration of the time limit, or of any further extension, said work has not been performed, the deposit shall be forfeited. The Building Official at his or her option may then either perform the work or cause the removal or demolition of said building or structure.

§ 16.28.080. Requirements prior to transport.

No officer of this City who is authorized to issue a permit to transport upon a highway a building or structure covered by this Title shall issue such permit until the relocation permit required by this Section shall have been issued, or until there is filed with him or her an affidavit made by the owner of the premises upon which the house or structure is to be placed, which sets forth facts showing that a permit under this Section is not required. No building or structure shall be transported upon any City street unless the owner or person in control thereof has first received the permission of the City Council.

§ 16.28.090. Temporary relocation permits.

Buildings and structures moved temporarily, to any premises zoned for such use, are subject to all the requirements of this Section. The owner or person in control of such building or structure shall specify whether the temporary relocation is for purposes of storage, sale, improvement or repair; and he or she shall obtain a one (1) year temporary relocation permit, which time limit may thereafter, upon application to the Building Official, be extended six (6) months. No further extension of time shall be granted except upon application to, and by order of the City Council.

§ 16.28.100. "Farm labor camps" exempt.

This Section shall not apply to any buildings used to house agricultural labor, commonly called "farm labor camps," which are subject to the provisions of the State Housing Act.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
§ 16.28.110 INDIAN WELLS CODE § 16.28.110
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§ 16.28.110. Access to premises by Building Official.

The Building Official shall have access to all premises described in the relocation permit in order to inspect the building or structure involved, the progress of the work, and to perform any of the acts authorized or required by this Title.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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ChapterCHAPTER 16.30.

UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE

§ 16.30.000. Adopted by reference.
(a)
(a) The Uniform Swimming Pool, Spa and Hot Tub Code, 20212024 Edition, published by the International Association of Plumbing and Mechanical Officials is adopted by reference by the City. (b)
(b) At least one (1) copy of said code will be deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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ChapterCHAPTER 16.31.

ESTABLISHING BARRIERS FOR SWIMMING POOLS, SPAS AND HOT TUBS

§ 16.31.010. General.

Whenever a construction permit is issued for construction of a new swimming pool or spa at a private single-family home it shall be equipped with the following safety features as provided in this Chapter:
(a)
(a) The pool shall be isolated from access from other properties; and (b)
(b) The home shall be isolated from access to the pool.

Subsection (a) shall not apply to private swimming pools or spas within a privately patrolled gate guarded community.

§ 16.31.020. Definitions.

For the purpose of this Chapter, certain terms, words, and phrases are defined as follows:

Aboveground/on-ground pool. See definition of swimming pool.

Barrier. A barrier is a fence, wall, building wall, safety cover complying with American Society for Testing Materials (ASTM) Standard F 1346-91 or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa or hot tub. When approved by the Building Official, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including geographically isolated areas which provide an effective access barrier to the pool area.

Grade. Grade is the underlying surface, such as earth or a walking surface.

Hot tub. See definition of spa.

In-ground pool. See definition of swimming pool.

Separation fence. A separation fence is a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa, or hot tub from that swimming pool, spa or hot tub.

Spa. A spa is a structure intended for recreational bathing, designed to contain water over eighteen (18) inches (457 mm) deep and outside dimensions not exceeding one hundred sixty (160) square feet (14.72 square meters).

Swimming pool. A swimming pool is any structure intended for swimming or recreational bathing that is designed to contain water over eighteen (18) inches (457 mm) deep. This includes in-ground, above- groundabove- ground, and on-ground swimming pools and fixed-in-place wading pools, and excludes spas.

Swimming pool, outdoor. An outdoor swimming pool is any swimming pool which is totally outside the residential structure.

§ 16.31.030. Requirements.
(a)

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(a) Outdoor Swimming Pool. An outdoor swimming pool, hot tub, or spa shall be provided with a barrier inspected and approved prior to plastering or filling with water.

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Outdoor swimming pool with electrically operated or manual tracking safety covers that comply with the ASTM Standard F 1346-91 shall not be required to provide other barriers. When electrically operated safety covers are provided, the control for the pool cover shall be mounted at least fifty-four (54) inches above grade.

When barriers are required, the barrier shall comply with the following:
(1)
(1) The top of the barrier shall be at least sixty (60) inches (1,524 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be two (2) inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4) inches (102 mm) when grade is a solid surface impenetrable by a child such as a concrete deck. Where the barrier is mounted on top of the above-ground pool structure the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four (4) inches. When barriers have horizontal members, the tops of which are spaced less than forty-five (45) inches (1,143 mm) apart: (i) the horizontal members shall be placed on the pool side of the barrier; and (ii) spacing between vertical members shall not exceed one and one-quarter (1 1/4) inches in width. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. Chain link fences shall not be used as the barrier.

Exceptions:
(i)
(i) For fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to four (4) inches (102 mm) when the distance between the tops of horizontal members is forty-five (45) inches (1,143 mm) or more. (ii)
(ii) Existing fences surrounding property at pool area, which are at least sixty (60) inches above grade, measured on the side of the barrier which faces away from the swimming pool, has a maximum vertical clearance between grade and the bottom of the barrier of two (2) inches and has no openings that will allow the passage of a four (4) inch diameter sphere are permitted.
(2)
(2) Access gates shall be equipped to accommodate a locking device. Separation fence gates shall open outward away from the pool and shall be self-closing and have a self-latching device.

Where the release mechanism of the self-latching devices is located less than fifty-four (54) inches (1,372 mm) from grade: (i) the release mechanism shall be located on the pool side of the barrier at least three (3) inches (76 mm) below the top of the gate; and (ii) the gate and barrier shall have no opening greater than one-half (1/2) inch (13 mm) within eighteen (18) inches (457 mm) of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. (3)
(3) Where a wall of a dwelling or buildings accessory to the dwelling serves as part of the barrier, and contains door openings providing direct access to the pool, those door openings shall be protected by one of the following means:
(i)

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(i) A self-closing and self-latching device installed on all doors with the release mechanism located a minimum of fifty-four (54) inches (1,372 mm) above the floor. (ii)
(ii) An alarm capable of providing a sound pressure level of not less than eighty-five (85) dba

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when measured indoors at a distance of ten (10) feet (3,048 mm). The alarm shall activate within fifteen (15) seconds after the door, and its screen if present, are opened and shall sound continuously for a minimum of ten (10) seconds than automatically reset. The alarm shall be equipped with a manual reset, such as a touchpad or switch, located on the interior side of the wall not less than fifty-four (54) inches above the threshold of the door to permit entry and exiting without activation of the alarm. The alarm shall automatically reset under all conditions. The alarm may be battery operated or connected to the building wiring. (iii)
(iii) An approved safety cover complying with American Society for Testing Materials (ASTM) Standard F 1346-91.
(iv)
(iv) Other means of protection may be acceptable so long as the degree of protection afforded is equal to or greater than that afforded by any of the devices described above. The Building Official shall render interpretations as to acceptability of other means of protection per Section 104.2.8 of the California Building Code.
(4)
(4) Where an above-ground structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then: (i) the ladder or steps shall be capable of being secured, locked or removed to prevent access; or (ii) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 4 of subsection (a).

When the ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with subsections (a)(1) through (a)(3) (b)
(b) Spas and Hot Tubs. A spa or hot tub with a locking safety cover which complies with the ASTM Standard F 1346-91 shall not be required to provide other barriers. Where a locking safety cover is not provided, the spa or hot tub shall comply with the requirements of subsection (a).

Council Meeting Agenda- October 16, 2025

City of Indian Wells, CA
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ChapterCHAPTER 16.32.

CALIFORNIA FIRE CODE

§ 16.32.000. Adoption by reference.
(a)
(a) Except as stated in this Section, all of the provisions and appendices of the 2022or as amended in Chapter 16.32, the 2025 California Fire Code, inclusive of all of the inclusions and exclusions set forth in each chapter's matrixincluding both provisions adopted by the State Fire Marshal (as indicated by a “X”) and provisions not adopted by the State Fire Marshal (as indicated by a “✝”) as set forth in the matrix of each chapter of the 2025 California Fire Code , are hereby adopted by reference and shall apply to the City of Indian Wells. In addition, the following provisions that are excluded in the 2022were not adopted by the State Fire Marshal in the 2025 California Fire Code are hereby adopted by the City of Indian Wells by reference – Chapter 1, Division II of the 2025 California Fire Code is hereby adopted,( except that Sections 103.2 and 111.3112.3 are not adopted), and Chapters 3, in its entirety, Chapter 25 in its entirety , and Sections 403.11, 503, 510.2, 1103.2 and 5707 are adopted.
(b) Each and all of the regulations, provisions, conditions and terms therein, on file with the building official, are referenced and made a part hereof as if fully set out in this chapter, except as otherwise provided in this chapter. (b)
At least one (1) copy of said fire code has been deposited in the office of the Building Official and shall at all times be maintained by the Building Official for use and examination by the public.

§ 16.32.010. General authority and responsibilities—Definitions—Amendments and additions. (a) Scope and Administration.
1) Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.
(a)
(b) Applicability.
1) Applicability. Section 102.5 of the California Fire Code is amended as follows:

102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. 1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.

2. 2. Administrative, operational and maintenance provisions of this code shall apply.

3.

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3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,000 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garagesaccessory structures. 2) Section 102.13.1 is added to the California Fire Code to read as follows:
(b)
Department of Fire Prevention. Sections 104.7 and 104.7.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.7 Liability. Any liability against Riverside County and City of Indian Wells or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law. 102.13.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the adopted provisions of the California Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.
(c) Compliance Agency
1) Section 103.1 of the California Fire Code is amended as follows:
103.1 Creation of Agency. The Indian Wells Office of the Fire Marshal (Riverside County Fire Department) is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. (c)
General Authority and Responsibilities.
(d) Duties and Powers of the Fire Code Official
(1)
1) A new Section 104.1.1 is added to Section 104.1 of the California Fire Code to read as follows:

104.1.1 104.1.1 Authority of the Fire Chief and Fire Department.

1. 1. The Fire Chief, Chief Deputy, or their designee, is authorized and directed to enforce all applicable State fire laws and provisions of this ordinancecode and to perform such duties as directed by the City Council.

2. 2. The Fire Chief, Chief Deputy, or their designee, is authorized to administer, interpret and enforce this ordinancecode. Under the Fire Chief'sChief, Chief Deputy, or their designee’s, direction, the Riverside County Fire Department is authorized to enforce ordinances of City of Indian Wells pertaining to the following:

2.1. 2.1. The prevention of fires.

2.2. 2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. 2.3. The storage, use and handling of hazardous materials.

2.4.

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2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. 2.5. The maintenance and regulation of fire escapes.

2.6. 2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. 2.7. The maintenance of means of egress.

2.8. 2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. 3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. 3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. 3.2. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department and City of Indian Wells.

3.3. 3.3. The Riverside County Sheriff and any deputy sheriff.

3.4. 3.4. The Police Chief and any police officer of any city served by the Riverside County Fire Department.

3.5. 3.5. Officers of the California Highway Patrol.

3.6. 3.6. Peace Code Officers of the City of Indian Wells Code Enforcement Department, appointed under Chapter 2.22 of the Indian Wells Municipal Code.

3.7. 3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. 3.8. The law enforcement officer of the Federal Bureau of Land Management. 2) Section 104.2 of the California Fire Code is deleted and replaced with the following:
(2)
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies,

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procedures:

1. Shall be in compliance with the intent and purpose of this code.

2. Shall not have the effect of waiving requirements specifically provided for in this code.

3. Shall be enforceable as part of this code.

3) Sections 104.8 and 104.8.1 of the California Fire Code are deleted in their entirety and replaced with the following:

104.8 Liability. Any liability against Riverside County and City of Indian Wells or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.

4) A new Section 104.13104.12 is added to Section 104 of the California Fire Code to read as follows:

104.13104.12 Authority of the Fire Chief to Close Hazardous Fire Areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof.

Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the Riverside County Board of Supervisors within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief. (d)
(e) Fees.
(1)
1) Section 107.2108.2 of the California Fire Code is deleted in its entirety and replaced with the following:

107.2108.2 Schedule of Permit Fees. Fees for services and permits shall be as set forth by fee resolution of the City Council.

(2)
2) A new Section 107.7108.7 is added to Section 106 of the California Fire Code to read as follows:

107.7108.7 Cost Recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq., as may be amended from time to timePursuant to California Health and Safety Code sections 11374.5(b)(1 ), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541 (a), California Government Code sections 53150 et seq., and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for securing such an emergency response shall constitute a debt of such person and shall be collectable by Riverside County/City of Indian Wellscollectible by the County in the

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same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.
(e)
(f) BoardMeans of Appeals.
1) Section 111.1112.1 of the California Fire Code is deletedamended in its entirety and replaced with the followingto read as follows:

111.1112.1 Board of Appeals Established. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of Chapter 16.32 of the Indian Wells Municipal Code adopted by Section 16.32.000 do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief, Chief Deputy, or their designee, to the City Council within thirty (30) days from the date of the decision appealed.

The Fire Chief and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy or their designee(s) shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.
(f)
(g) Violations.
1) Violations. Section 112.4113.4 of the California Fire Code is deleted in its entirety and replaced with the following:

112.4113.4 Violations and Penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinancecode, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with Health and Safety Code Sections 17995 through 17995.5.
(g)
(h) Definitions.
1) Definitions. Section 202,The definition of "“Fire Chief"” in Section 202of the California Fire Code is deleted in its entirety and replaced with the following:

FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee. (h)
(i) Open Flames.
1) Section 308.1.6.3308.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:

308.1.6.3308.1.7 Sky Lanterns or Similar Devices. A person shall not release or cause to be released a sky lantern or similar device.
(i)
(j) Fire Apparatus Access Roads.
1) Section 503.1.2.1 is added to the California Fire Code to read as follows:
(1)
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.

2) Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7,315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.

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(2)
3) Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:

503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations. (3)
4) A new Section 503.6.1 is added to Section 503.6 of the California Fire Code to read as follows:

503.6.1 Automatic Opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.

Exception: Gates serving individual one- and two-family dwelling parcels. (4)
5) A new Section 503.7 is added to Section 503 of the California Fire Code to read as follows:

503.7 Loading Areas and Passenger Drop-Off Areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road. (j)
(k) Fire Protection Water Supplies.
(1)
1) A new Section 507.5.7 is added to Section 507 of the California Fire Code to read as follows:

507.5.7 Fire Hydrant Size and Outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

1. 1. Residential Standard – one (1) four (4) inch outlet and one (1) two and one-half (2 ½) inch outlet.

2. 2. Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one-half (2 ½) inch outlet.

3. 3. Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one-half (2 ½) inch outlet. (2)
2) A new Section 507.5.8 is added to Section 507 of the California Fire Code to read as follows:

507.5.8 Fire Hydrant Street Marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Technical Policy 06-11Guidelines, as may be amended from time to time.

Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage. (k)
(l) Fire Command Center.
(1)
1) Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:

508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2

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occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.

(2)
2) Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:

508.1.1 Location and Access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.

(3)
3) Section 508.1.3 of the California Fire Code is amended to add the followingin its entirety as follows:

508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3048 mm), whichever is greater.

Exception: AWhere a fire command center is solely required because a building is greater than 300,000 square feet in area(27 870 m2), the fire command center shall behave a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2,4382438 mm) where approved by the fire code official. (l)
(m) Fire Protection and Utility Equipment Identification and Location. 1) Section 509.2.1 ofis added to the California Fire Code is added to read as follows:

509.2.1 Minimum Clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved. (m)
(n) Mechanical Refrigeration.
1) Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:

608.11.1.2 Manual Operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls. (n)
(o) Automatic Sprinkler Systems.
(1)
1) Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:

903.2 Where Required. In all new buildings and structures which are 3,0003,600 square feet or greater, or where the combination of a new additional square footage and existing square footage exceeds 3,000 square feet, an approved automatic sprinkler system shall be provided regardless of occupancy classification.

Where the Sections 903.2.1— – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.

1. All existing buildings, except for one- and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy, removal of an existing fire wall as defined by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.

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2. One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. 1. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.

2. Detached Group U occupancies used for agricultural purposes.

2. 3. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.

3. 4. Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.

5. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.

4. 6. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.

The following exceptions in the California Fire Code shall not be allowed:
a.
a. Exception in Section 903.2.3.
b.
b. Exception in Section 903.2.11.3.
(2)
2) A new Section 903.3.5.3 is added to Section 903 of the California Fire Code to read as follows:
903.3.5.3 Hydraulically Calculated Systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
(o)
(p) COMMERCIAL HOOD AND DUCT SYSTEMS.

Designation of High-Piled Storage Areas. A new Section 904.2.2.1 is added to Section 3204.2 of the California Fire Code to read as follows:

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§ 16.32.030 INDIAN WELLS CODE § 16.32.050
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904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire- extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72.  If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire -extinguishing system.

(q) GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
1) Section 3206.4.2 is added to the California Fire Code to read as follows:

3204.2.13206.4.2 Minimum Requirements for Client Leased or Occupant Owned Warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineerUnless otherwise approved, a Professional Engineer, Licensed in the State of California, shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. (p)
(r) MOBILE FOOD PREPARATION VEHICLES.
1) A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.

2) New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:

4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section.

4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3.
4107.2.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3. 4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S.

Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

(s) FIREWORKS DISPLAY.
1) Section 5608.1 of the California Fire Code is amended in its entirety, as set forth in Section 9.53.015 of the Indian Wells Municipal Code:

5608.1 Fireworks Display – General. Outdoor firework displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section.