CITY COUNCIL AND SUCCESSOR AGENCY
Joint Meeting Agenda

Thursday, November 03, 2022

1:30 P.m. - 3:30 P.m.

City Hall Council Chamber

44950 Eldorado Drive, Indian Wells, CA 92210

 

Welcome to a meeting of the Indian Wells City Council.

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 3 minutes. In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction. 

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. 

---

A.

CONVENE THE CITY COUNCIL AND SUCCESSOR AGENCY JOINT MEETING, PLEDGE OF ALLEGIANCE AND ROLL CALL

MAYOR /BOARD MEMBER DANA REED
MAYOR PRO TEM/BOARD MEMBER DONNA GRIFFITH
COUNCIL MEMBER/BOARD MEMBER GREG SANDERS
COUNCIL MEMBER/BOARD MEMBER RICHARD BALOCCO
COUNCIL MEMBER/BOARD MEMBER ROB BERNHEIMER

B.

APPROVAL OF THE FINAL AGENDA

• RECOMMENDED ACTION:

C.

PROCLAMATIONS AND PRESENTATIONS

C.1

Recognition of Indian Wells Historic Preservation Foundation President Adele Ruxton

C.2

Indian Wells Mini Muster Plaque Recognition by Mike Lewis

C.3

The Living Desert Capital Campaign Project Update by President/CEO Allen Monroe

D.

PUBLIC COMMENTS

Members of the Public who wish to speak on consent items or items not listed on the agenda may do so at this time. Public Comments are limited to 3 minutes. Speakers will be alerted when their time is up and are then to return to their seats and no further comments will be permitted.

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

E.

CITY MANAGER'S REPORTS

The City Manager or Department Heads may make brief announcements, informal comments, or brief the Council on items of interest.

F.

CITY ATTORNEY REPORTS AND COMMENTS

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

Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361

• RECOMMENDED ACTION:

  
  Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
  
  AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

G.2

Ordinance Amending Chapter 3.23 Pertaining to the Collection of Transportation Uniform Mitigation Fees

• RECOMMENDED ACTION:

  
  Council ADOPTS Ordinance by title only and waives further reading, amending Chapter 3.23 of the Indian Wells Municipal Code pertain ng to the collection of transportation uniform mitigation fees.

G.3

Approval to Restructure the Golf Resort’s Fiscal Year 2022-23 Capital Improvement Plan

• RECOMMENDED ACTION:

  
  Council APPROVES restructuring the Golf Resort’s Fiscal Year 2022-23 Capital Improvement Plan without the need for additional funding. 

G.4

Annual Developer Impact Fee Report

• RECOMMENDED ACTION:

  
  Council APPROVES the Annual Developer Impact Fee Report submitted for the Fiscal Year 2021-22.

G.5

Accepting State Mandate Annual Fire Inspections in Compliance with SB 1205

• RECOMMENDED ACTION:

  
  Council ADOPTS Resolution acknowledging receipt of a report made by the Fire Chief of Riverside County Fire Department regarding compliance with the annual inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

G.6

Grants-in-Aid Committee Recommendations for FY 2022-23 Grants-in-Aid Program Funding

• RECOMMENDED ACTION:

  
  Council APPROVES Grants-in-Aid Committee funding recommendations totaling $159,256 for the organizations listed in this staff report for Fiscal Year 2022-23; and
  
  AUTHORIZES and DIRECTS the City Manager to execute contracts for same.

H.

PUBLIC HEARINGS

For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing. At that time the applicant will be allowed five (5) minutes to make a presentation on the case. Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

H.1

Adopting by Reference the 2022 Edition of California Building Standards Code and Other Uniform Codes

• RECOMMENDED ACTION:

   

  Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
  
  ADOPTS Ordinance to be read by title only and further reading waved, repealing and recasting Title 16 of the Indian Wells Municipal Code; Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24); Including the 2022 California Building Code (Incorporating and Amending the 2021 International Building Code); the 2022 California Mechanical Code (Incorporating and Amending the 2021 Uniform Mechanical Code); the 2022 California Plumbing Code (Incorporating and Amending the 2021 Uniform Plumbing Code); the 2022 California Electrical Code (Incorporating and Amending the 2020 National Electrical Code); the 2022 California Energy Code; the 2022 California Historical Building Code; the 2021 Uniform Swimming Pool, Spa & Hot Tub Code; the 2022 California Fire Code (Incorporating and Amending the 2021 Edition of the International Fire Code); the 2021 International Property Maintenance Code; and the 2022 California Green Building Standards Code; and the 2022 California Residential Code (Incorporating and Amending the 2021 International Residential Code); Together with Certain Additions, Insertions, Deletions and Changes Thereto; and
  
  FINDS the adoption is Categorically Exempt from CEQA pursuant to Section 1506 (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

An Ordinance Adopting an Urgency Ordinance Amending Chapter 21.85 of the Indian Wells Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and Determining the Action to be Exempt from CEQA

• RECOMMENDED ACTION:

   

  Council CONSIDERS and ADOPTS Urgency Ordinance Amending Chapter 21.85 of the Indian Wells Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units; and 
  
  FINDS that under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

I.2

Amendment to Employment Agreement for City Manager

• RECOMMENDED ACTION:

   

  Council APPROVES Fourth Amendment to the Employment Agreement for City Manager Christopher Freeland.

I.3

Recommendation to Approve Resolution Amending the Community Assistance Funding Policy

• RECOMMENDED ACTION:

  
  Council APPROVES Amending the Community Assistance Funding Policy.

I.4

Children’s Discovery Museum of the Desert One-Time Funding Request for Fiscal Year 2022-23

• RECOMMENDED ACTION:

  
  Council DISCUSSES the Children’s Discovery Museum of the Desert funding one-time funding request for Fiscal Year 2022-23 and PROVIDES staff direction.

I.5

Adoption of (1) an EIR Addendum and (2) a Resolution of Necessity for the Acquisition of Real Property (APN 633-360-002)

• RECOMMENDED ACTION:

  
  Council CONDUCTS a hearing to consider the adoption of two resolutions: (1) a resolution adopting an Addendum to the Certified EIR for the 1996 Update to the City’s General Plan and (2) a Resolution of Necessity for the acquisition of real property (APN 633-360-000); and
  
  MAKES the following findings, as hereinafter described in this report:
  a)    The public interest and necessity require the proposed project;
  b)    The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
  c)    The real property to be acquired is necessary for the project; and
  d)    The offer of just compensation has been made to the owner; and
  
  ADOPTS Resolution No. 2022-41 Adopting an Addendum to the Certified EIR for the 1996 Update to the City of Indian Wells General Plan (SCH# 94092037) regarding the Proposed Resolution of Necessity for the Acquisition of APN 633-360-002; and
  
  ADOPTS Resolution of Necessity No. 2022-42 for the Acquisition of a Fee Interest in Certain Real Property, by Eminent Domain, located on the Northeast corner of Miles Avenue and Warner Trail in the City of Indian Wells, More Particularly Described as Assessor Parcel No. 633-360-002, in Riverside County, California, for an Affordable Housing, Public Parking, Recreation Facilities and Open Space Project

J.

SUCCESSOR AGENCY CONSENT CALENDAR

J.1

Annual Recognized Obligation Payment Schedule 2023-24

• RECOMMENDED ACTION:

  
  Successor Agency FINDS that this action is exempt under the California Environmental Quality Act per Section 15061(e) (3) of the guidelines – Review for Exemption; and; 
  
  ADOPTS Resolution approving the Recognized Obligation Payment Schedule 23-24 for July 1, 2023, through June 30, 2024

K.

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.

K.1

COUNCIL MEMBER BERNHEIMER

Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities Committee
Indian Wells Golf Resort Advisory Committee

K.2

COUNCIL MEMBER BALOCCO

Coachella Valley Energy Commission
Cove Communities Services Commission
Indian Wells Golf Resort Advisory Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Marketing Committee
Indian Wells Public Safety Committee

K.3

COUNCIL MEMBER SANDERS

Coachella Valley Mountains Conservancy
Coachella Valley Economic Partnership
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Public Safety Committee
Visit Greater Palm Springs

K.4

MAYOR PRO TEM GRIFFITH

CVAG Coachella Valley Conservation Commission
CVAG Energy & Environmental Resources Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance & Legal Services Oversight Committee
Indian Wells Historic Preservation Foundation
Indian Wells Marketing Committee 
Indian Wells Personnel Committee
Indian Wells Tee Committee

K.5

MAYOR REED

California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Transportation Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency

L.

ADJOURNMENT

To a special scheduled meeting of the City Council to be held at 1:30 p.m. on November 28, 2022, in the City Hall Council Chamber.

 

Affidavit of Posting,
I, Angelica Avila, certify that on September 30, 2022 I caused to be posted a notice of a City Council Meeting to be held on October 6, 2022 at 1:30 p.m. in the City Hall Council Chamber and
Zoom/Teleconference.
Notices were posted at Indian Wells Civic Center and City's Website [www.cityofindianwells.org]