1 CITY COUNCIL MEETING MINUTES
Thursday, September 7, 2023
1:30 p.m.
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Present: Mayor Griffith
Mayor Pro Tem Sanders
Council Member Peabody
Council Member Whitman
Council Member Reed
_____________________________________________________________________ A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE
AND ROLL CALL
Mayor Griffith convened the City Council Meeting at 1:50 p.m. on September 7, 2023, in the City Hall Council Chamber.
B. APPROVAL OF THE FINAL AGENDA
A motion was made by Council Member Reed, seconded by Council Member Whitman to Approve the Agenda as Submitted. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 –
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Introduction of New City Employees - Public Works Inspector I, Scott Johnson and Maintenance Worker I, Jonathan Simental
Public Works Director Ken Seumalo introduced new City staff members Public Works Inspector I, Scott Johnson and Maintenance Worker I, Jonathan Simental.
2 C.2 August 20th Storm Hilary Cleanup Update by Public Works Director Ken Seumalo
City Manager Christopher Freeland on behalf of the City and the City Council thanked Public Works staff for their efforts during and after storm Hilary. Public Works Director Ken Seumalo provided an overview of the storm damage and clean-up around the City due to storm. Mayor Griffith thanked City staff for their efforts in keeping the City safe. Council Member Peabody expressed concerns relating to the drop structure located on the water channel. Mr. Seumalo provided an update on efforts to address the water channel concerns and stated staff are coordinating with the Water District to make improvements.
D. PUBLIC COMMENTS
Mr. Doug Hanson, resident, expressed concerns relating to general business items on the agenda, suggested important items be considered after the summer months, and requested status on items discussed during closed session relating to real property negotiations. Mr. Robert Berriman, Indian Wells Representative to the Palm Springs Airport Commission reported a meeting is being held to review the Airport Master Plan on Tuesday, September 19, 2023, from 5:30 p.m.-7:30 p.m. at the Palm Springs Convention Center and encourage the Council and Community patriciate. There was clarification relating to funding reimbursements from Federal Emergency Management Agency (FEMA) funding and California Joint Powers Insurance Authority (JPIA) insurance claims.
E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland reported new Indian Wells Golf Resort General Manager Robin Graf and provided a background of his work experience. Mr.
Freeland reported receiving $2.6 million in redevelopment payments and further reported the City Clerk designation as a Master Municipal Clerk.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported the Council met in closed session, no reportable action was taken which, under the Brown Act, would be required to be publicly reported. Mr. Leishman stated at the request of the Council, he was advised to report on the following items: Item D.1 conference with legal Counsel regarding exiting litigation, the Council was provided an update on the Lissoy matter which resulted in no decisions, Item D.2 Real Property Negotiations lead by City Manager Christopher Freeland with Specific Silver Partners no decisions made, Item D.3 Real Property Negotiations lead by City Manager Christopher Freeland with Renaissance no final decisions made, and D.4 conference with legal
3 Counsel regarding exiting litigation, the Council was provided with an update on the Yawitz matter which resulted in no the decisions. Mr. Leishman reported Council Peabody did not participate in Item D. 4 due to a potential conflict.
G. CONSENT CALENDAR
G.1 City Treasurer’s Report for June 2023
It was determined to RECEIVE and FILE the City Treasurer’s Report for June 2023.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Receive and File the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.2 City Treasurer’s Report for July 2023
It was determined to RECEIVE and FILE the City Treasurer’s Report for July 2023.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Receive and File the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.3 Adoption of Other Post Employment Benefits (OPEB)/Pension 115 Trust Program
It was determined to APPROVE the adoption of the Multiple Employer Other Post Employment Benefits (OPEB)/Pension 115 Trust administered by Shuster Advisory Group; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
4 A motion was made by Council Member Reed, seconded by Council Member Whitman to Approve the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.4 Community Activities Committee Update
It was determined to RECEIVE and FILE the Community Activities Committee Update for Welcome Back Party and Veterans Day Ceremony.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Receive and File the Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.5 Resolution Approving Final Parcel Map Located within the Indian Wells Village Plaza and Finding Map in Substantial Conformance It was determined to ADOPT Resolution No. 2023-34 to read as follows:
RESOLUTION NO. 2023-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 38283
AND FINDING SUCH MAP IN SUBSTANTIAL CONFORMANCE WITH
THE APPROVED TENTATIVE MAP 38283; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060; and
AUTHORIZE and DIRECT the City Clerk, the City Engineer/Public Works Director, and the Acting City Surveyor to execute Final Parcel Map No. 38283.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Adopt Resolution. The motion carried by the following vote:
5 AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
ABSTAIN: 1 - Peabody
H. PUBLIC HEARINGS
No public hearings.
I. GENERAL BUSINESS
I.1 Amendment to Employment Agreement for City Manager
City Attorney Todd Leishman provided a brief report on the City Manager employment agreement amendments. Council Member Peabody provided a background on the employment review process for City Manager and City Attorney and advised the Council to revisit the process. Mayor Pro Tem Sanders suggested the review process be delegated to the Personnel Committee for review. Mayor Griffith clarified the Council had an opportunity to meet with the City Manager to provide constructive feedback and suggestions on goals.
It was the CONSENSUS of the City Council to delegate the City Manager and City Attorney employment review process to the Personnel Committee.
It was determined to APPROVE Fifth Amendment to the Employment Agreement for City Manager Christopher Freeland.
A motion was made by Mayor Griffith, seconded by Mayor Pro Tem Sanders to Approve Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Reed, Sanders, Whitman
NOES: 0 -
ABSTAIN: 1 - Peabody
I.2 Winterfest 2023 at the Indian Wells Golf Resort
Senior Management Analyst Micaela Wilkey provided a background of the 2022 Winterfest held in Indian Wells and outlined new developments for the
6 possible Winterfest event in 2023. City Manager Christopher Freeland provided a report on secured sponsorship amounts for the event. There was discussion relating to the funding contribution from hotel vendors, clarification on City appropriation and an update on added elements for to the event. Council Member Peabody expressed concerns relating to not having enough family elements during the event and minimal support from the hotels. Council Member Whitman suggested staff continue looking for opportunities to cut costs. Mayor Pro Tem Sanders suggested a schedule event be provided to hotel partners in advance to start marketing the event.
Mayor Griffith clarified hotel partners are committed to assist and ready to move forward with hotel packages.
It was determined to APPROVE hosting Winterfest 2023 at the Indian Wells Golf Resort.
A motion was made by Council Member Reed, seconded by Mayor Pro Tem Sanders to Approve the Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Reed, Sanders, Whitman
NOES: 1 - Peabody
I.3 Establishment of an Electric Vehicle Charging Fee
Public Works Manager Dina Purvis provided a background on the electric charging station fee. Ms. Purvis clarified charging stations are being installed at the Indian Wells Golf Resort and the City did receive $25,000 in grant funding to install charging stations at City Hall.
It was determined to ADOPT Resolution No. 2023-35 to read as follows:
RESOLUTION NO. 2023-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, ESTABLISHING FEES FOR CITY-OPERATED
ELECTRICAL VEHICLE CHARGING STATIONS; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(8) and CEQA Guidelines section 15273(a)(1).
7 A motion was made by Council Member Reed, seconded by Mayor Pro Tem Sanders to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
I.4 Golf Resort Management Agreement
City Finance Director Kevin McCarthy provided a background relating to the Golf Resort management agreement and outlined action goals on the new agreement. There was clarification relating opportunities to meet with the Council and Troon management to develop negotiating points.
Dr. Bruce Morgan, resident, expressed concerns relating to the ability to measure first class service, provided his experience at the Golf Resort relating to customer service, and suggested to develop a sub-committee to collect information on overall service levels. Mr. Doug Hanson, resident, expressed concerns relating to the negotiations of new contract without having request for proposal process. Troon Management were introduced, Chief Development Officer Scott Van Newkirk and Senior Vice President Operation Bill O'Brian.
Council Member Peabody expressed concerns relating to employee management, operations, food and service inconsistencies at the Vue restaurant and suggested request for proposals be conducted between 3- 5 years. Mr. Peabody stated he would abstain from voting due to the contract terms and recommends 1-2 years term with an opportunity to extend the contract for another 8 years.
There was discussion relating to the agreement definition of success and clarification a performance incentive incorporated in the agreement. There was clarification on the number of times the Troon management contract was amended between 2008-2017. Mayor Griffith suggested quarterly meetings with the General Manager as transition is made. There was clarification relating to the negotiations and request for proposal discussion during Strategic Planning Session in February 2023.
It was determined to AUTHORIZE the City Manager to execute a Golf Course Management Agreement with Troon Golf subject to non- substantive administrative edits; and
8 FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
A motion was made by Council Member Whitman, seconded by Mayor Pro Tem Sanders to Approve the Recommendation. The motion was carried by the following vote:
AYES: 4 - Griffith, Reed, Sanders, Whitman
NOES: 0 -
ABSTAIN: 1 - Peabody
J. COUNCIL MEMBERS' REPORTS AND COMMENTS
J.1 COUNCIL MEMBER REED
No report.
J.2 COUNCIL MEMBER WHITMAN
Council Member Whitman reported Protect California Desert Coalition held a meeting with Sue Shigenaga and Colin Barrows relating to the Chuckwalla National Monument. Mr. Whitman reported Desert Sands Unified School District had discussions relating to the construction on Warner Trail and stated the project requires certain easements therefore the project is on hold. Mr. Whitman further reported Visit Greater Palm Springs conducted a review of the year’s marketing efforts.
J.3 COUNCIL MEMBER PEABODY
Council Member Peabody reported Sunline Transit Agency new General Manager has been onboarded, changes are underway for pick up times, and reported issues with obtaining vehicles. Mr. Peabody reported Coachella Valley Animal Campus has been receiving funding assistance with the help of IW Views outreach efforts. Mr. Peabody thanked the Community for the outpouring of support for the Animal Campus and reported $31,000 in donations was reached.
J.4 MAYOR PRO TEM SANDERS
Mayor Pro Tem Sanders expressed disappointment that the County has not aided the Animal Campus. Mr. Sanders reported Public Safety Committee is hosting "Coffee with a Cop" on October 4, 2023, at 8:00 a.m. at the Indian
9 Wells Golf Resort Players Room. Mr. Sanders reported the Public Safety Committee meeting is scheduled for Wednesday, October 19, 2023, at 3:00 p.m. in the City Hall Executive Conference Room.
J.5 MAYOR GRIFFITH
Mayor Griffith reported CVAG Executive Committee discussed the Salton Sea ongoing issues and are in the process of creating a new group to conduct a study and initiate a solution towards ongoing issues. Ms. Griffith reported CVAG Conservation Commission continues to purchase land and is working towards land management to develop new trails. Ms. Griffith reported that CVAG Energy and Sustainability Committee is working on conservation of natural resources and environmental issues. Ms. Griffith reported on CVAG Homelessness Committee discussions relating to tax districts and thanked the City Manager for his support during those discussions. Ms. Griffith further reported Community Activities schedule of events as follows, Welcome Back party in October, Veterans Day on November 11, 2023, and Indian Wells Preservation Foundation presentation on October 13, 2023. Ms. Griffith reported Grants in Aid Committee has received grant applications and are in the process for review. Ms. Griffith reported the Finance Committee reviewed the electric vehicle charging fee schedule and Personnel Committee discussed the City Manager employment agreement.
K. ADJOURNMENT
At 3:53 p.m. Mayor Griffith ADJOURNED the City Council meeting to a special scheduled meeting of the City Council to be held on October 12, 2023, at 1:30 p.m.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk