CITY COUNCIL
Meeting Agenda

Thursday, March 06, 2025

10:00 A.m. - 12:00 P.m.

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 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 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. 

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A.

CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL

MAYOR BRUCE WHITMAN
MAYOR PRO TEM DANA REED
COUNCIL MEMBER TOPER TAYLOR
COUNCIL MEMBER BRIAN PENNA
COUNCIL MEMBER GREG SANDERS

B.

APPROVAL OF THE FINAL AGENDA

C.

PROCLAMATIONS AND PRESENTATIONS

C.1

Introduction of Public Works Permit Technician I Stephanie Swanstrom

C.2

Legislative Update by State Legislative Advocate Jason Gonsalves, Joe A. Gonsalves & Son

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. Once speakers have had an opportunity to speak, 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

Ordinance Approving, Pursuant to the Certified Final EIR, Zone Map Amendment No. 2025-01

• RECOMMENDED ACTIONS:

  Council ADOPTS Ordinance No. 762 by title only and waives further reading approving, Pursuant To The Certified Final Environmental Impact Report (SCH #2024071208), The City Of Indian Wells Comprehensive General Plan Update And Associated Zone Map Amendment, Amending The Official City Of Indian Wells Zoning Map (ZMA 2025-01) By Rezoning Certain Parcels Of Land To Be Consistent With The Resort Commercial Land Use Designation In The General Plan Update.

G.2

Initiating Proceedings and Preliminarily Approving the Annual Levy Report for Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2025-26

• RECOMMENDED ACTIONS:

  Council ADOPTS Resolution initiating proceedings for annual levy of assessments and declaring its intention to levy annual assessments for the Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2025-26, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highway Code; and
  
  ADOPTS Resolution preliminarily approving the annual engineer’s report regarding the Indian Wells Street Lighting District No. 2000-1 for Fiscal Year 2025-26; and

  
  SCHEDULES a noticed Public Hearing on April 3, 2025, at 1:30 p.m. to hear public testimony on the proposed levy; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.3

Initiating Proceedings for the Annual Levy of Landscape and Lighting District No. 91-1 and Declare Intention to Order the Levy and Collection of Assessments for the Fiscal Year 2025-26

• RECOMMENDED ACTIONS:

  Council ADOPTS Resolution initiating the proceedings for the annual levy and collection of assessments for the Fiscal Year 2025-26 for the Landscape and Lighting District (LLMD) No. 91-1 and declaring the intention to order the levy and collection of assessments and
  
  SCHEDULES a noticed Public Hearing on April 3, 2025, to hear public testimony on the proposed levy and
  
  ADOPTS Resolution preliminarily approves the annual engineer’s report regarding the Landscape and Lighting District No. 91-1 for the Fiscal Year 2025-26 and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.4

Initiating Proceedings, Preliminary, Annual Levy Report, and Declaring Intention to Order the Levy and Collection of Assessments for Annual Levy for the Drainage Maintenance Benefit Assessment District No. 1 for the Fiscal Year 2025-26

• RECOMMENDED ACTIONS:

  Council ADOPTS Resolution initiating proceedings for annual levy and collection of assessments for the Fiscal Year 2025-26 for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 pursuant to the Benefit Assessment Act of 1982; and
  
  ADOPTS Resolution preliminarily approving the annual engineer’s report regarding the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 and the levy and collection of assessments for the Fiscal Year 2025-26 pursuant to the provisions of the Benefit Assessment Act of 1982; and
  
  ADOPTS Resolution declaring its intention to order the levy and collection of assessments for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 for the Fiscal Year 2025-26 pursuant to the Benefit Assessment Act of 1982; and
  
  SCHEDULES a noticed Public Hearing on April 3, 2025, at 1:30 p.m. to hear public testimony on the proposed levy; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.5

Extension of Exclusive Negotiation Agreements with Abode Communities and Summit Development for Affordable Housing Development in Indian Wells

• RECOMMENDED ACTIONS:

  Council AUTHORIZES and DIRECTS the City Attorney to prepare and the City Manager to execute a 180-day extension to the exclusive-negotiation agreements with Adobe Communities and Summit Developers regarding potential development of an affordable housing project in the City of Indian Wells; and
  
  FINDS 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 to result 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).)

G.6

Council Member’s Attendance at the 2025 Ophelia Luncheon

• RECOMMENDED ACTIONS:

  Council APPROVES the attendance of Mayor Whitman, Councilmember Penna, and Councilmember Sanders to attend the It’s a Girls World Ophelia Annual Luncheon on March 18, 2025, held at the Westin Rancho Mirage Resort & Spa; and
  
  FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

G.7

Resolution Revising the Annual Citywide Records Retention and Destruction Schedule

• RECOMMENDED ACTIONS:

  Council ADOPTS Resolution Revising the Annual Citywide Records Retention and Destruction Schedule; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.8

Supplemental Appropriation for City Hall Security System

• RECOMMENDED ACTIONS:

  Council APPROVES a supplemental appropriation of $800 for the purchase of 20 user licenses and one exterior video camera; and
  
  DIRECTS Staff to adjust the project budget accordingly; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 15061 (b)(3).

G.9

Whitewater Channel West Drop Structure Repair Project Closeout

• RECOMMENDED ACTIONS:

  Council ADOPTS the Whitewater Channel West Drop Structure Repair project as complete; and
  
  DIRECTS Staff to adjust insurance coverage amount and FEMA reimbursement requests to the final construction cost amount to $3,635,314; and
  
  APPROVES the final project cost of $3,635,314, with a supplemental appropriation of $321,000; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Article 19, Section 15302.

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 City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

H.1

Ordering the Levy and Collection of Assessments for the Special Fire Tax Standby and Availability Charges

• RECOMMENDED ACTIONS:

  Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing, and
  
  ADOPTS Resolution approving the annual levy of the Special Fire Tax Standby and Availability Charges for the Fiscal Year 2025-26 and
  
  ORDERS the Special Fire Tax levy to be placed on the Fiscal Year 2025-26 Riverside County tax roll.
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I.

GENERAL BUSINESS

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

I.1

Children’s Discovery Museum of the Desert One-Time Funding Request for Fiscal Year 2024-25

• RECOMMENDED ACTIONS:

  Council DISCUSSES and PROVIDES staff direction on the Children’s Discovery Museum of the Desert one-time funding request of $10,000 for Fiscal Year 2024-25; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I.2

City’s 2025-2026 Legislative Platform

• RECOMMENDED ACTIONS:

  Council ADOPTS the City’s 2025-2026 Legislative Platform: and
  
  FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

J.

COUNCIL MEMBER'S REPORTS

Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

J.1

Councilmember Penna Request to Place a Discussion Item on a Future City Council Agenda - Citywide Holiday Decorations

• RECOMMENDED ACTIONS:

  Council DISCUSSES and provides DIRECTION on Councilmember Penna’s request to place a discussion item on a future City Council agenda related to funding citywide holiday decorations; and
  
  FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

K.

COUNCIL MEMBER'S 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 SANDERS

Coachella Valley Animal Campus
Cove Communities Service Commission
Desert Sands Unified School District
Desert Recreation District 
Indian Wells Marketing Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Public Safety

K.2

COUNCIL MEMBER PENNA

Coachella Valley Mountain Conservancy
Indian Wells Preservation Foundation
Visit Greater Palm Springs
Indian Wells Community Activities Committee
Indian Wells Grants In Aid Committee
Indian Wells Public Safety Committee

K.3

COUNCIL MEMBER TAYLOR

Riverside County Transportation Commission
CVAG Homelessness Committee
CVAG Public Safety Committee
CVAG Transportation Committee
Indian Wells Golf Resort Advisory Committee

K.4

MAYOR PRO TEM REED

Southern California Association of Governments
CVAG Conservation Commission
CVAG Energy & Sustainability Committee
Desert Recreation District 
Indian Wells Marketing Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee

K.5

MAYOR WHITMAN

California Joint Power Insurance Authority (JPIA)
Coachella Valley Economic Partnership
CVAG Executive Committee
Cove Communities Services Commission
Desert Sands Unified School District
Indian Wells Golf Advisory Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency

L.

CLOSED SESSION

Once the closed session has ended, the City Attorney or presiding officer will make any announcement required by the Brown Act relative to reportable actions taken during the closed session.

L.1

Conference with Legal Counsel Regarding Anticipated-Litigation-Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). One (1) or More Cases. Potential Case.

L.2

Conference with City’s Real Property Negotiator Pursuant to Government Code 54956.8. Real Property: APN 633-150-071.Negotiating Parties:

On Behalf of the City of Indian Wells: Christopher Freeland, City Manager. Other Negotiating Parties: BBC Esmeralda, LLC an Illinois Liability Company. Under Negotiation: Price and Terms of Payment.

L.3

Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1):

City of Indian Wells, et al vs., Lissoy et al., Riverside County Superior Court (CVPS2204658).

M.

ADJOURNMENT

To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on April 3, 2025 in the City Hall Council Chamber.

 

 

 

Affidavit of Posting,

I, Angelica Avila, certify that on February 27, 2025 I caused to be posted a notice of a City Council Meeting to be held on March 6, 2025 at 10:00 a.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [www.cityofindianwells.org]