Indian Wells City Council
October 19, 2023

CITY COUNCIL
Meeting Agenda
Thursday, October 19, 2023
1:30 PM
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.

Pages
A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF

ALLEGIANCE AND ROLL CALL

MAYOR DONNA GRIFFITH

MAYOR PRO TEM GREG SANDERS

COUNCIL MEMBER TY PEABODY

COUNCIL MEMBER BRUCE WHITMAN

COUNCIL MEMBER DANA REED
B. APPROVAL OF THE FINAL AGENDA
C. PROCLAMATIONS AND PRESENTATIONS
C.1 Proclamation Recognizing the Month of October 2023 as “Fire Prevention and Mini Muster” Month in the City of Indian Wells C.2 Coachella Valley Mosquito and Vector Control Annual Report Presentation by General Manager Jeremy Wittie and City’s Representative Clive Weightman
C.3 Introduction of New Indian Wells Golf Resort General Manager Robin Graf
C.4 Indian Wells Capital Improvement Project Update by Public Works Director Ken Seumalo
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
City Council Meeting - October 19, 2023

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 Resolution Accepting State Mandate Annual Fire Inspections in Compliance with SB 1205
9 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.2 Update to Fiscal Year 2023-24 Employee’s Salary Range Schedule 17 RECOMMENDED ACTION:

Council APPROVES the update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and
DIRECTS staff to post the employee salary range schedule on the City’s website.

G.3 Sponsorship Request Benefiting the YMCA of the Desert 19 RECOMMENDED ACTION:

Council APPROVES a table sponsorship request for the 36th Annual Hoedown in Paradise event held on November 4, 2023, at the Tommy Bahama Miramonte Resort & Spa; and
AUTHORIZES the attendance of Council Members at the event.

City Council Meeting - October 19, 2023

G.4 Resolution Authorizing the California Joint Powers Insurance Authority to provide notices to Claimants pursuant to Government Code Section 910
22 RECOMMENDED ACTION:

Council AUTHORIZES the California Joint Powers Insurance Authority to provide notices to Claimants pursuant to Government Code Section 910; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

G.5 City Treasurer’s Report for August 2023 26
RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for August 2023.

G.6 Request for Supplemental Appropriation for Whitewater River Channel Cleanup Caused by Tropical Storm Hillary
46 RECOMMENDED ACTION:

Council AWARDS contract to Lippert Construction for two separate phases for the August 20 storm cleanup caused by Tropical Storm Hillary; Fred Waring Drive using the City’s General Fund reserves and the Whitewater River Channel using Golf Resort Funds; and AUTHORIZES and DIRECTS the City Manager to execute an agreement for the same; and
APPROVES supplemental appropriation in the amount of $156,905 from the General Fund for the clearing of Fred Waring Drive, and $582,200 from the Golf Resort Fund for the cleanup of the Whitewater River Drainage Channel beginning at Fred Waring Drive and extending 1.25 miles towards the Miles Avenue bridge; and AUTHORIZES the City Manager, or designee, to transfer funds from general fund to the Public Works City Parkways Operations account.

H. PUBLIC HEARINGS
There are no public hearing items.

City Council Meeting - October 19, 2023

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 Sponsorship of Dr. George Charity Car Show 48
RECOMMENDED ACTION:

Council AUTHORIZES the City Manager to execute a three-year sponsorship agreement with the Palm Springs Crusin’ Association to serve as Presenting Sponsor of the Dr. George’s Charity Car Show from 2024-2027; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I.2 Golf Resort Restaurant Lease & True Up Agreement & Option to Re- Imagine VueBar & Grill
54 RECOMMENDED ACTION:

Council AUTHORIZES the City Manager to execute a Golf Course Restaurant Lease and True Up Agreement with Troon Golf subject to non-substantive administrative edits; and
APPROVES Troon’s proposal to re-imagine the VUE Bar & Grill into a Richard Blais restaurant; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

I.3 Indian Wells Lane Monument Sign Replacement 103
RECOMMENDED ACTION:

Council DISCUSSES and PROVIDES direction regarding the design of the Indian Wells Monument Sign located at the intersection of Indian Wells Lane and Highway 111.

J. COUNCIL MEMBERS' REPORTS
City Council Meeting - October 19, 2023

J.1 Council Member Dana Reed’s Request to Place a Discussion Item on a Future City Council Agenda
105
RECOMMENDED ACTION:

Council DISCUSSES and provides DIRECTION on Council Member Dana Reed’s request to place a discussion item on a future City Council agenda.

K. COUNCIL MEMBERS' 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 REED
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Public Safety Committee
CVAG Transportation Committee
K.2 COUNCIL MEMBER WHITMAN
Coachella Valley Mountains Conservancy
Desert Sands Unified School District
Indian Wells Marketing Committee
Indian Wells Public Safety Committee
Visit Greater Palm Springs
K.3 COUNCIL MEMBER PEABODY
Cove Communities Services Commission
Coachella Valley Animal Campus
Indian Wells Golf Resort Advisory Committee
Indian Wells Marketing Committee
Sunline Transit Agency
City Council Meeting - October 19, 2023

K.4 MAYOR PRO TEM SANDERS
Cove Communities Services Commission
Coachella Valley Economic Partnership
Desert Sand Unified School District
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Public Safety Committee
Indian Wells Tee Committee
K.5 MAYOR GRIFFITH
CVAG Executive Committee
CVAG Conservation Commission
CVAG Energy & Sustainability Committee
CVAG Homelessness Committee
Indian Wells Community Activities Committee
Indian Wells Golf Resort Advisory Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance/Legal Services Oversight Committee Indian Wells Personnel Committee
Indian Wells Tee Committee
City Council Meeting - October 19, 2023

L. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on November 2, 2023 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on October 13, 2023 I caused to be posted a notice of a City Council Meeting to be held on October 19, 2023 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [www.cityofindianwells.org]
________________________
Angelica Avila, MMC
City Clerk
City Council Meeting - October 19, 2023

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Fire Department
Prepared by: Chris Cox, Assistant Fire Marshal
Subject: Resolution Accepting State Mandate Annual Fire Inspections in Compliance with SB 1205

RECOMMENDED ACTIONS:

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.

BACKGROUND:

The Governor signed Senate Bill 1205 into law in September 2018 to address the issue of some fire departments failing to keep up with the statutorily required annual building inspections. By requiring annual reporting of their compliance to the local city council or board of supervisors, the bill is intended to apply local pressure for Fire Departments to complete the annual state mandated building inspections . The attached Resolution (Attachment #1) serves as the formal document to fulfill the annual fire inspection reporting requirements of SB 1205.

The annual building inspectio n and reporting must be conducted on two groups of occupancies, buildings, structures and/or facilities: Educational Group E and Residential Group R. Group E includes public and private schools used by more than 6 persons for educational purpose through the 12th grade. Group R includes hotels, motels, apartments (3 units or more), and certain residential care facilities.

During the time of July 1, 202 2, to June 30, 202 3, the Fire Department identified one Group E and seven Group R occupancies, buildings, structures and/or facilities in the City of Indian Wells and completed 100% of the annual inspections at the identified occupancies, buildings, structures and/or facilities. The facilities inspected are attached to this report. (Attachment #2).

The Fire Department will continue to assess, with the assistance of City Staff, the existing building stock and new development within the City to ensure that all applicable Group E and R buildings, structures and/or facilities receive an annual inspection in accordance with SB 1205.

ATTACHMENTS:

1. Resolution

2. Annual Inspection Facilities 2022-2023

3. Health and Safety Code 13146
# of Identified
Facilities in Fiscal
Year 2021-22
# Inspected
in FY 18/19
Group E 1 1 (100%)
Group R 7 7 (100%)

R
ESOLUTION NO. 2023-__
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Indian Wells ,

CALIFORNIA, 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
W
HEREAS, California Health & Safety Code Section 13146.4 became effective on January 1, 2019; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including Riverside County Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Health & Safety Code sections 13146.2 and 13146.3; and
W
HEREAS, California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including Riverside County Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
W
HEREAS, the Council of the City of Indian Wells intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of the Riverside County Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

N

OW, THEREFORE , THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, DOES HEREBY FIND, DETERMINE AND RESOLVED AS FOLLOWS:

S ECTION 1. The City Council of the City of Indian Wells expressly acknowledges the compliance of the Riverside County Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 within the jurisdiction of the City for the time period of July 1, 2022, to June 30, 2023, as follows:

A
. EDUCATIONAL GROUP E OCCUPANCIES . Educational Group E occupancies are generally those public and private schools used by more than six persons at any one time for educational purposes through the 12th grade. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Indian Wells.

ATTACHMENT #1

City of Indian Wells
Resolution No. 2023-__

B. RESIDENTIAL GROUP R OCCUPANCIES . Residential Group R occupancies are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub - classifications, and they may contain residents or clients that have a range of n eeds, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non -ambulatory or bedridden. The Riverside County Fire Department completed 100% of the annual inspections of the identified Gro up R occupancies, buildings, structures and/or facilities in the City of Indian Wells.

SECTION 2. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. Notwithstanding the foregoing, such certification and any of the other duties and responsibilities assigned to the City Clerk pursuant to this Resolution may be performed by a Deputy City Clerk with the same force and effect as if performed by the City Clerk hereunder.

SECTION 3. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City of Indian Wells, California, at a regular meeting held on the 19th day of October 2023.

________________________________
DONNA J.H. GRIFFITH
MAYOR

City of Indian Wells
Resolution No. 2023-__

CERTIFICATION FOR RESOLUTION NO. 2023-__

I, Anna Grandys, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council of the City of Indian Wells is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council on the 19th day of October 2023 by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

__________________________________ ________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

OCCUPANT NAME ADDRESS OCCUPANCY TYPE
Gerald Ford Elementry 44210 Warner Trail E
Indian Wells Villas 74800 Village Court R2
Mountain View Villas 78000 Betty Baker R2
Indian Wells Resort 76661 Hwy 111 R1
Miramonte Resort 45000 Indian Wells Lane R1
Renaissance Esmeralda 44400 Indian Wells Lane R1
Hyatt Regency 44600 Indian Wells Lane R1
Sands Hotel & Spa 44985 Povince Way R1

STATEMANDATED INSPECTIONS
ATTACHMENT #2

HEALTH AND SAFETY CODE - HSC
DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14960]
( Division 12 enacted by Stats. 1939, Ch. 60. )
PART 2. FI
RE PROTECTION [13100 - 13263]
( Part 2 enacted by Stats. 1939, Ch. 60. )
CHAPTER 1. S
tate Fire Marshal [13100 - 13159.10]
( Chapter 1 enacted by Stats. 1939, Ch. 60. )
ARTICL
E 2. The State Board of Fire Services [13140 - 13147]
( Heading of Article 2 amended by Stats. 1973, Ch. 1197. ) 13146.2.
(a) Ever
y city, county, or city and county fire department or district providing fire protection services required by Sections 13145 and 13146 to enforce building standards adopted by the State Fire Marshal and other regulations of the State Fire Marshal shall, annually, inspect all structures subject to subdivision (b) of Section 17921, except dwellings, for compliance with building standards and other regulations of the State Fire Marshal. (b) A city, county, or city and county fire department or district providing fire protection services that inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection from the owner of the structure in an amount, as determined by the city, county, or city and county fire department or district providing fire protection services, sufficient to pay the costs of that inspection.
(c) A city, county, or city and county fire department or district providing fire protection services that provides related fire and life safety activities for structures subject to subdivision (b) of Section 17921, such as plan review, construction consulting, fire watch, and investigation, may charge and collect a fee from the owner of the structure in an amount, as determined by the city, county, city and county, or district, sufficient to pay the costs of those related fire and life safety activities.
(d) The State Fire Mar shal, or the State Fire Marshal’s authorized representative, who inspects a structure subject to subdivision (b) of Section 17921, except dwellings, for compliance with building standards and other regulations of the State Fire Marshal, may charge and collect a fee for the inspection from the owner of the structure. The State Fire Marshal may also charge and collect a fee from the owner of the structure for related fire and life safety activities, such as plan review, construction consulting, fire watch, and investigation. Any fee collected pursuant to this subdivision shall be in ATTACHMENT #3

an amount, as determined by the State Fire Marshal, sufficient to pay the costs of that inspection or those related fire and life safety activities. (Amended by Stats. 2019, Ch. 31, Sec. 9. (SB 85) Effective June 27, 2019.)

13146.3.
(a) A city, county, or city and county fire department or district providing fire protection services shall inspect every building used as a public or private school within its jurisdiction, for the purpose of enforcing regulations promulgated pursuant to Section 13143, not less than once each year. The State Fire Marshal and the State Fire Marshal’s authorized representatives shall make these inspections not less than once each year in areas outside of corporate cities and districts providing fire protection services. (b) A city, county, or city and county fire department or district that, or the State Fire Marshal or the State Fire Marshal’s authorized representative who, inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection in an amount sufficient to pay the costs of that inspection. (Amended by Stats. 2019, Ch. 31, Sec. 10. (SB 85) Effective June 27, 2019.)

13146.4.
(a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.
(b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document. (d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be. (Added by Stats. 2018, Ch. 854, Sec. 1. (SB 1205) Effective January 1, 2019.)

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Human Resources
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Update to Fiscal Year 2023-24 Employee’s Salary Range Schedule

RECOMMENDED ACTIONS:

Council APPROVES the update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and

DIRECTS staff to post the employee salary range schedule on the City’s website.

DISCUSSION:

Effective August 1, 2013, the Public Employees’ Pension Reform Act (“PEPRA”) changed the law to make compensation more transparent, specifically regarding eligible income for the calculation of retiree benefits. Under PEPRA, employees’ retirement benefits must be calculated for a salary within a publicly approved salary range schedule published on the City’s website.

Employee salaries are not being increased because of this action. Employees are only eligible for pay increases based on performance under the City’s Merit-Based Pay program. This update serves the sole purpose of updating each employee’s salary range schedule and accurately reflect ing the current staffing l evel of the City . This action includes the updating of the City Manager’s salary as a result of th e approved action by the City Council on September 7, 2023.

Staff will provide a revised total annual employee salary schedule update in 202 4 as required by the California Public Employees’ Pension Reform Act of 2013 and in compliance with the Fiscal Year 2019-25 Memorandum of Understanding with the Indian Wells Employees Association.

ATTACHMENTS:

1. FY 2023-24 Approved Positions

BEGIN TOP

POSITION RANGE RANGE RANGE
1 City Manager N/A 285,000 $         285,000 $
2 Assistant City Manager 72 194,233 $         242,792 $ 3 Finance Director 68 175,966 $         219,957 $
3a Finance Director* N/A 193,157 $         234,789 $
4 Public Works Director 67 171,674 $         214,592 $
5 Community Development Director 66 167,487 $         209,358 $ 6 Information Technology Manager 58 137,464 $         171,830 $ 6a Information Technology Manager* N/A 147,213 $         178,943 $ 7 Building Official & Code Enforcment Mgr. 56 130,840 $         163,551 $ 8 Assistant Finance Director 55 127,649 $         159,561 $ 9 City Clerk 53 121,498 $         151,873 $
10 Housing Manager 50 112,823 $         141,029 $
11 Senior Management Analyst 46 102,212 $         127,765 $ 12 Senior Management Analyst 46 102,212 $         127,765 $ 13 Public Works Manager 46 102,212 $         127,765 $
14 Public Works Field Supervisor 44 97,287 $           121,609 $ 15 Planner 41 90,341 $           112,926 $
16 Management Analyst 40 88,137 $           110,172 $
17 Senior Executive Assistant  37 81,844 $           102,305 $ 18 Public Works Inspector I 34 76,001 $           95,001 $ 19 Accountant 33 74,147 $           92,684 $
20 Management Assistant 33 74,147 $           92,684 $
21 Building Inspector I/Code Enforcment Officer 31 70,574 $           88,218 $ 22 Permit Technician II 31 70,574 $           88,218 $
22a Permit Technician II* N/A 81,391 $           98,933 $ 23 Accounting Technician II 28 65,535 $           81,919 $ 23a Accounting Technician II* N/A 66,801 $           81,199 $ 24 Administrative Assistant 28 65,535 $           81,919 $ 25 Administrative Assistant 28 65,535 $           81,919 $ 26 Permit Technician I 27 63,937 $           79,921 $
26a Permit Technician I* N/A 70,183 $           85,310 $ 27 Planning Technician I 27 63,937 $           79,921 $ 28 Accounting Technician I 26 62,377 $           77,972 $ 29 Accounting Technician I 26 62,377$           77,972$ 30 Maintenance Worker II 21 55,132$           68,915$
31 Maintenance Worker I 17 49,947$           62,434$
32 Maintenance Worker I 17 49,947$           62,434$
33 Maintenance Worker I 17 49,947$           62,434$
34 Receptionist 15 47,540$           59,426$
3,401,340$     4,161,170$
City of Indian Wells
Approved Positions List w/ Annual Salaries and Ranges
Salaries for Fiscal Year 2023/24
*Hired on or before 02/17/2022
ATTACHMENT #1

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Sponsorship Request Benefiting the YMCA of the Desert

RECOMMENDED ACTIONS:

Council APPROVES a table sponsorship request for the 36th Annual Hoedown in Paradise event held on November 4, 2023, at the Tommy Bahama Miramonte Resort & Spa; and

AUTHORIZES the attendance of Council Members at the event.

DISCUSSION:

The City received the attached sponsorship information and invitation to the 36th Annual Hoedown event held on November 4, 2023, at the Tommy Bahama Miramonte Resort & Spa. The event will benefit the YMCA of the Desert.

As part of the City’s efforts to support charitable events held in Indian Wells, the Council established a line item in the budget in the amount of $6,000 to support such events.

The sponsorship for this event for a table of 10 is $2,000. Mayor Griffith expressed interest in participating in this year’s event.

OPTIONS:

1. Staff recommendation to purchase a table of 10 in the amount of $2,000.

2. The Council may choose to purchase individual tickets at the cost of $200.

3. Council provides alternative direction.

FISCAL IMPACT:

Funds are available in the FY 20 23-24 Budget for this event and a supplemental appropriation is not necessary.

ATTACHMENTS:

1. YMCA Sponsorship Request

1 Angelica Avila
From: Angelica Avila
Sent: Tuesday, October 10, 2023 1:11 PM
To: Angelica Avila
Subject: Family YMCA of the Desert Hoedown in Paradise
From: Paula S
imonds <[email protected]>
Sent: Thursday, September 7, 2023 11:56 AM
To: Donna Griffith <[email protected]>
Cc: Eevet Edens <[email protected]>
Subject: Family YMCA of the Desert Hoedown in Paradise
CAUTION: This email originated outside our organization. Be cautious with any links or attachments.

Hi Donna,
The Family YMCA of the Desert’s Hoedown in Paradise at Tommy Bahama Miramonte Resort & Spa on November 4th is shaping up to be a fantastic FUNdraising event!
Looking forward to a fabulous evening celebrating our Y’s Passion & Purpose to make a difference in our community and would appreciate consideration for City of Indian Wells to join us!
Any questions, please don’t hesitate to ask and kind regards. <image001.jpg>
Click Here To Order Tickets
Any Questions? Please contact Eevet Edens,
YMCA of the Desert, Director of Development.

[email protected] or call at 760‐341‐9622 ext. 236 <image002.png>
Family YMCA of the Desert
P 760.341.9622 X 222
F 760.779.9651
desertymca.org
43-930 San Pablo Avenue,
Palm Desert, CA 92260
Hours: M-F 8:00am-6:00pm
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<image006.gif>
ATTACHMENT #1

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Resolution Authorizing the California Joint Powers Insurance Authority to provide notices to Claimants
pursuant to Government Code Section 910

RECOMMENDED ACTIONS:

Council AUTHORIZES the California Joint Powers Insurance Authority to provide notices to Claimants pursuant to Government Code Section 910; and,

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

BACKGROUND:

Consistent with Government Code Section 910, the California Joint Powers Insurance Authority (CJPIA) provides notices to claimants. Generally, the types of claimant notices include accepted, rejected, returned as insufficient, or returned as untimely claims against the City. This noticing process has been in place for decades and works very well.

In a recent CJPIA administrative review, the City was notified that it never formally delegated the noticing responsibility to the CJPIA. In the spirit of collaboration, the CJPIA said it would continue noticing claimants on behalf of the City but asked for the formal adoption of the attached resolution to resolve the issue. This item is considered an administrative clean-up.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no

possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2023-__
A

RESOLUTION OF THE CITY OF INDIAN WELLS, CALIFORNIA, ESTABLISHING

A POLICY WHICH DELEGATES TORT LIABILITY CLAIMS HANDLING

RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ.

T

HE CITY OF INDIAN WELLS DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

W
HEREAS, the City of Indian Wells is a member of the California Joint Powers Insurance Authority (California JPIA), and pursuant to Government Code sections 990.4, et seq. and 6500 et seq. , pools its self -insured liability claims and losses with other California JPIA members under a Memorandum of Coverage; and
W
HEREAS the Joint Powers Agreement creating the California JPIA authorizes it to exercise powers common to members and appropriate to defend and indemnify members from liability claims under the Memorandum of Coverage,
N

OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City of Indian Wells delegates to California JPIA authority to act on its behalf pursuant to Government Code sections 910, et seq. to accept, reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of [Agency].

S ECTION 2. This Resolution shall become effective immediately upon its adoption.

S ECTION 3. The C ity of Indian Wells Clerk shall certify to the adoption of this Resolution.

P
ASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, this 19th day of October 2023.
_______
_________________________

DONNA GRIFFITH
MAYOR
ATTACHMENT #1

CERTIFICATION FOR RESOLUTION NO. 2023-__

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 Coun cil of the City of Indian Wells the 19 th day of October 2023 , by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_______________________________ ______________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Finance Department
Prepared by: Ruby D. Walla, Assistant Finance Director
Subject: City Treasurer’s Report for August 2023

RECOMMENDED ACTIONS:

Council RECEIVES and FILES the City Treasurer’s Report for August 2023.

DISCUSSION:

Attached are the monthly cash balance and investment reports for August 2023.

Investments reflected in this report are “Marked-to-Market,” meaning the market value of the City’s investments is updated monthly. This method provides a clear depiction of the City’s portfolio’s value subject to the investment market’s performance . As a result, the City of Indian Wells maintains prudent fiscal reserves and minimizes un-invested cash.

Cash and Investments

As of August 31, 2023:
 The City’s cash and investments totaled $69,130,208.45  The City’s portfolio earned a 2.100% rate of return.

Treasurer’s Certification

 Compliance - The City Treasurer certifies that the City’s cash and investments presented in this Report comply with the City’s investment policy and with the legal requirements of the State of California Government Code section 53600.

 Liquidity - The City Treasurer certifies that the City’s portfolio is sufficient to meet its financial obligations for the next six months. The investment portfolio will remain sufficiently liquid to meet all operating requirements, which might be reasonably anticipated. This is accomplished by striving to have securities mature while cash is needed to meet anticipated demands (static liquidity). Additionally, since all possible cash demands cannot be anticipated, the portfolio consists mainly of securities with active secondary or resale markets (dynamic liquidity).

Fiscal Prudence

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but no t limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City.

Background

Staff provides Council with a monthly update to the Treasurer’s Report. The Report presents the City’s cash activity and investment portfolio and includes a reconciliation between investment balances and General L edger. Specifically, t he report provides information on the types of investments, dates of maturities, costs, the updated market value of securities, and rates of interest earned in the portfolio.

The City maintains a written investment policy in compliance with legal requirements of Government Code section 53600 and governs the investments made by the City . It is the policy of the City of Indian Wells to invest public funds in a manner that will pr ovide maximum security with the highest investment return while meeting the daily cash flow demands of the City. Therefore, the investments purchased by the City are consistent with the City’s investment policy and are allowable under the current legislation of the State of California.

The City invests in U.S. treasuries, federal agency securities, medium-term corporate notes, municipal bonds, federally insured certificates of deposit, and overnight cash investments. Criteria for selecting investments in the order of priority are (1) safety, (2) liquidity, and (3) yield.

ATTACHMENTS:

1. City Treasurer’s Report

NET CASH & INVESTMENT SUMMARY AUGUST 2023
August
2023
$ 14,451 .548.40
L4,45'-F48.4O
August
2022UNRESTRICTED FUNDS

GENERAL FUND
101- GENERAL

TOTAL GENERAL FUND

RESTRICTED FUNDS

SPECIAL REVENUE FUNDS
202 - TMFFIC SAFETY
203 - PUBLIC SAFETY 1/2 CENT SALES TAX
204 - MEASURE "A"
209 - F,A.M.D. #1
210 - SCAQMD (VEHICLE REG.)
211 - AB 3229 COPS FUNDING
2T4 - GAS TAX 2103 MAINTENANCE
215 - GAS TAX 2105 MAINTENANCE
216 - GAS TAX 2106 CONSTRUCT/MAINT
217 - GAS TAX 2107 MAINTENANCE
218 - GAS TAX 2107.5 ENG./ADMIN
219 - GAS TAX RMRA
228 - EMERG, UPGMDE SERVICES
247 - AB 939 RECYCLING FUND
248 - SOLID WASTE
251 - STREET LIGHTING DISTRICT 2OOO-1
253- INDIAN WELLS VILLAS OPEMTIONS
254- MOUNTAIN VIEW VILLAS OPERATIONS
256- HOUSING AUTHORITY
271 - ELDOMDO DRIVE LLMD
272 - MONTECITO/STARDUST LLMD
273 - CASA DOMDO LLMD
274 -THE COVE LLMD
27s - SH 11I/IWGR (ENTRANCE) LLMD
276 - CLUB/IW LANE LLMD
277 - COLONY LLMD
278 - COLONY COV ESTATES LLMD
279 - DESERT HORIZONS LLMD
280 - MOUNTAIN GATE LLMD
281 - MOUNTAIN GATE ESTATES LLMD
282 - VILLAGIO LLMD
283 - VAIDYA LLMD
284 - CLUB, SOUTH OF 111 LLMD
285 . MONTELENA LLMD
286. SUNDANCE LLMD
287. PROVINCE LLMD
288 - PROVINCE DBAD

TOTAL SPECIAL REVENUE FUNDS

CAPITAL PROJECT FUNDS
310 - PARK FACILMES FEES
311 - TMNSPORTANON FACILMES FEES
313 - RECREATION FACILMES FEES
314 - PARK{N-LIEU FEES
315 - CITYWIDE PUBLIC IMPROVEMENT FEE
316 - CAPITAL IMPROVEMENT
319 - ART IN PUBLIC PLACES
321 - HIGHWAY 111 CIRCULATION IMP FEE

TOTAL CAPITAL PROJECT FUNDS
384 28.48
9,384,128.48
r0,tr4.2l
12,044.3r
4L,750.44
1,630,876.19
17,209.26
11,405.10
12,531.95
7,009.43
5,645.t2
9,73r.6r
1,000.00
L26,246.20
5,33t,372.26
29L,089.24
165,506.15
L6,676.66
165,945.46
234,539.60
2,863,9L6.62
63,840.09
7,5r7.L4
773.88
7,309.29
109,106.09
24,236.63
86,499.82
50,865.68
12,756.87
99,489.40
45,t72.57
235,247.38
35,160.49
31,665.55
80,620.57

0.00 82,667.08
s63,482.33
3,696.07
9,936.94
47,695.83
2,141,688.66
t2,823.02
6,191.85
6,038.87
4,430.96
3,598.04
6,074.72
1,000.00
20,754.20
3,455,808,60
4r0,06t.78
235,653.25
14,73L.09
1,330,554.81
2,075,29L.54
t2,548,0r7.60
65,892.15
7,346.38
95s.6s
1,090.32
66,901.78
15,874.L3
86,270.65
54,897.5r
r1,946.47
101,019.44
51,328.1 1
252,557.94
36,258.61
30,297.73
83,591.86
1,563.00
79,063.73
560.2LL.43
t2,49L,O2O.67
25,tzL.00
15,664.00
31,376.00
11,002.00
5,038.00
9,997,288.99
622,947.r3
23,84L.1L4.72

0.00 0.00

0.00 20,064.00
259,L82.00
8,179,0r3.73
333,742.9r
8,818,486.34
37 .r52.70
T:\Common\bank\Treasure/s Reporl\Cash1 oAug 23
9t745,589.82
8:13 AM't0112t2O23
ATTACHMENT #1

CITY OF INDIAN WELLS
NET CASH & INVESTMENT SUMMARY AUGUST 2023
PAGE 2
RESTRICTED FUNDS (CONI.)

REPLACEMENT FUNDS
326 - BUILDINGS CAPTTAL RESERVE
327 - BRIDGES CAPTTAL RESERVE
328 - MEDIANS & PARKWAYS CAPITAL RESERVE
329 - STORM DMINS CAPITAL RESERVE
330 - TMFFIC SIGNALS CAPITAL RESERVE
331 - TECHNOLOGY CAPTTAL RESERVE
332 - CITY STREETS CAPTTAL RESERVE
333 - CITY VEHICLES CAPITAL RESERVE
334 - NAMING RIGHTS CAPITAL RESERVE
350 - DISASTER RECOVERY RESERVE

TOTAL REPLACEMENT FUNDS

SUCCESSORAGENCY FUNDS
453 - DEBT SERVICE
456 - RDA OBLIGATION RETIREMENT
460 - INDIAN WELLS FINANCING AUTHORTFY

TOTAL SUCCESSOR AGENCY FUNDS

ENTERPRISE FUNDS
560 - INDIAN WELLS GOLF RESORT

TOTAL ENTERPRISE FUNDS

INTERNAL SERVICE FUNDS
601 - OPEB BENEFTT FUND

TOTAL INTERNAL SERVICE FUNDS

RESERVE FUNDS
602 - COMPENSATED ABSENCES

TOTAL RESERVE FUNDS

TRUST & AGENCY FUNDS
732 - SPECIAL DEPOSITS

TOTAL TRUST & AGENCY FUNDS

TOTAL ALL FUNDS

FISCAL AGENTS
253 - INDIAN WELLS VILLAS
254 - MOUNTAIN VIEW VILLAS
453 - US BANK TRUSTEE - SUCCESSOR AGENCY DEBT SERVICE
460 - US BANK - INDIAN WELLS FINANCE AUTHORITY
560 - INDIAN WELLS GOLF RESORT
601 - PARS SECTION 115 TRUST - PENSION
601 - PARS SECTION 115 TRUST - OPEB

TOTAL FISCAL AGENTS

TOTAL ALL FUNDS & FISCAL AGENTS

UNRESTRICTED FUNDS

RESTRICTED FUNDS
August
2023
August
2022
1,990,616.80
1,790,016.00
1,424,895.07
7L9,746.00
590,920,00
539,633,00
t7,L70,499.00
123,655.00

0.00 291,850.00
1,670,511.80
1,7L7,7L8.00
L,367,251.07
690,432.00
567,375.00
518,147.00
18,840,062.00
118,879.00

0.00 142,129.00
25,632,504.8724,64L,83O,87
608,220.10
2,L65,923.00
273.98
1,607,531.56

0.00 0.00
2t774,417.O8
00 1,607,531.56
1,269,6t9.01
2, t73,642.95
1,500,o00.0o 1,269,688.O1
972,872.49
972,a72.49
s81.403.00
2,17?,642.95
624.787.00
727F7'-.66
69,13O,208.45
624t787.OO
727,37r.66
581,403.00
848,54t.2L
848,541.21
72,956,27O.68
256,207.50
287,4r7.52
4,613,695.33
8,999,019.64
723,586.84
884,631.61
2r4.7rr.20
L5,979,269.64
-$Ttiot4td5t
L4,45L,548.40
7O,657,929.69
s 8s.109,478.09
540,713.94
1,196,195.02
tt.44
12,094,086.06
L65,242.12
822,918.67
r99,678.19
15,O18,845.44
$ 87,975,LL6.L2
9,384,128.48
78,590,987.64
g 87,975,LL6.12
T:\Common\bank\Treasurer's Report\Cash1 oAug 23 8:'13 AM'lOh2l2O23Page 29 of 113 r \Comnonbankbank r@@la on ry24@3 @,PI-Aug Bank Rdug 23 @ld OutJbndinq Waranb^VLe Transfe6
Oubbndinq Pavroll warantsAvire TranstuE
krcsit in Translt
Outsbndinq Outqoinq ACH PaYmenb
Credit Card inTransit
Pavrcll in Transit
3 69,130.20a.4s
10111nO23
Bank Reconciliation Report - CiW Held Cash
Finance Department
of Indian

0.00 1
2 3
5 7
4 8
9 10
19 2t
{ao
,€4
483
498
499
501
512
513
514
515
515
517
518
519
520
521
5r2
525
s48
550
557
558
561
s62
574
s73
a7s
s79
580
58t
585
585
587
588
s89
s90
591
s92
s24
s25
s33
s38
549
555
575
52'
529
530
532
534
535
536
539
541
542
5g
546
551
5s2
553
554
555
5s9
560
563
56s
564
566
567
s68
569
s7L
572
582
st1
531
s77
s83
584
Cetificate of DercsitsComeniW Capital Eank 20033A1486
Ceftificate of Dercslt-usB Bank USA 90348JFF2
Cetificate of De@sitsu Federal credit union 749622410
Cefrificate of k@sitsCapital One Bank I4042TAY3
Cedifiate of DepositsEankw6t 06652CHA2
Cedificate oF k@sit-BMW Bank North America 05580AW9
Cenificate of De@s['Nicolet Nation Bank 654062J22
Cenificate of De@slt-Live Oak Bankinq ComDanv 5380351D4 Cedificate of De@slt-Alma Bank 0200808X4
Cedifi@te of &Fsit-Sbte Bank oflndia 856285TF8
Cedifi@te of De@siLFjGl Natl Bank of Mcc@or TX 321l2uDR9 cefrifi@te of ftpsiLcente6tate Eank 15201oDE4
Cenilicte of Demsit-Northwst Bank 56736A8V0
Cefrifi@te of &@sit-Encore Eank 29260M8E4
CedifiGte of Demsit-Fj6l Fredom Bank 320278AM9
cedlllcte of DeFsibPacific wstem Eank 69505YR15
Cedlficate of DemslFBank of Baroda 06063H1459
cenmcab of DemsiFToyob Flnancial Sqs Bank 89235MKY6
Certilicb of Dercsit-Greenstate Credit Unlon 395731811
cedifrcte of DeDositPenbqon Federal Credit Union 70962nS1 cedifrcb of DeFslLNelnet Bank, Inc 64034ffG5
Cedilicte of DercsibEeal Bank 073714YE7
Cedifi@te of Deposib&al Bank USA 07371CE88
Cedifi@te of Derut'Austin Telco F€d Credlt t,nion 052392fl3 Cedifi@te of DercsiFcapibl One NA 14042RUJ8
CedifiGrc of Dercst-Svnchrcnv Bank 87164xR65
cedificate of ftmsiFPacific Wstem Bank
c€dificate of DemsiFPacific Wetem &nk
certificate of kmsiFPacific Wetem Bank
ceftlftGte of &msiFlitrctu FlEt Credit Union 5305204K1
cediftete of &msilFi6t Guarantv &nk Hammond h
Cediffcate of &msilMedalllon Bank tjbh 584HDSW2
cedificate of ftmsiFPlhev Bows Eank 7244(€AG8
Cenlflcate of &@sits8ank Five Nine 062119cD2
Cedlflcate of ft@sitsFi6t Foundation Bank 32026Uw51
Cedificate of De@sitsSummt National Bank 86516mco
cedificate of De@sitsFi6t National Bank of herica 32110YD93 Fed. Fam credit Sank 3133Et280
Fed. Home Loan Mtq CoD 3134GWCG9
Fed. Nafl ilodqaqe A$e 3135GA223
Fed. Fam Credit Eank 3130AL3sl
Fed. Fam Credit Eank 313041tr4
Fed. Fam Credit Eank 31I0AL6J8
Fed. Fam Credit Sank I130ALDN1
Fed, Fam Credii Eank llI0ALHZ0
Fed. Fam Credit Eank 3130AU62
Fed. Fam Credit Eank 3130ALMM3
Fed. Fam Credit Bank 3130A1W67
Fed. Fam Credit Bank 3130AMW57
Fed. Fam Credlt Bank 3133EMH21
Fed. Fam Credit Bank 3133EM167
Fed. Fam Credit Bank 3133EMN99
Fed. Farm Credit Bank 3133EMW73
Fed. Home Loan Bank 3130AOWF5
Fed. Home Loan Eank 3I30AOWJ8
Fed. Home toan Bank 3l30AOz55
Fed. Home L@n Eank 3130ARCV1
Fed. Home Loan Mtq Com 3134GX!1X9
Fed. Home Loan Bank 3I30ARGE5
Fed. Home Loan Mtq coD 3134GXOP2
Fd. Home Loan Bank 3130AS320
Fed. Home Loan Bank 3134cxt,rl4
Fed. Home Loan Eank 3130A5567
Fd. Home Loan Bank 3130ASS91
Fed. Fam Credit Bank 3133EPPC3
Pacilic Wstem Bank - Accts. PaYable i*-**3411
Pacifrc westem Eank - Payrcll ** **1752
Pacific Wstem Bank - Ambulance *+-****7937
Pacific Wstem Eank - Public Funds l4MA **_****5064
Union Bank of CA - SweeD Invshent ***'***0121
US Bank Monev Market - Invehent
Us Bank Monev Market - 4590
Us Eank Monev Market - 4591
Petty Cash
Montebello CA Pens Obliq M 612285AE5
lP Morqan Cha* Bank NA 46632FRU1
lP Morqan Chase 48128G202
Bank ofAmerb m 05048W1131
Bank ofAmerb m 06048WM72
John Deere Gpibl coD 24422EwR6
1,028,633.75
2,000,000.00
r,000,000.00
r,000,000.00
1,000,000.00
1,024,032.34

0.00 0.00

0.00 1s,344.23

0.00 0.00
3,468,242.96
19,070.r0
2,000.00
2s0,000.00
2s0,000.00
249,000.00
247,000.00
249,000.00
250,000.00
250,000.00
250,000.00
250,000.00
248,000.00
249,000.00
248,000.00
249,000.00
249,000.00
249,000.00
248,000.00
249,000.00
250,000.00
2s0,000.00
249,000.00
250,000.00
2s0.000.00
2s0,000.00
250,000.00
2s0,000.00
2s0,000.00
250,000.00
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
244,OO0.00
249,000.00
244,000.00
249.000.00
249,000.00
Medium Telm Comrah Nots gant ;: tl
2,000,000.00
1,000,350.29
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
3,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
Munlcip.l &nd!
Duonffi 501,23584
Natomas CA Sch@l Disbict 63877N1'11"16 100,000.00
Tr€a3ury DiscounE-Amo*izino
-
,384.64
unitd Sbts Trssurv Eill 912797FC6
unitd Stats Treasurv Bill 912797N4
992,622.t4
984,688.51
Tobl P@led c$h.nd InvBtm€nE
Fair Value Increas (over cost)
ihms (662,633.85)

0.00 (44.15)
107,681.84
7,015.08
104,397.55
Oubbndinq It€m3

/,.-1-,.t -.

INDIAN.,.\'.\
,;'/
WELLS
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CAL]TORF.IIA
lnvestments
Bank Certificates of Deposit
Managed Pool Accounts - LAIF
Money Market Sweep/Checking Account
Negotiable CD's
Medium Term Corporate Notes
Federal Agency lssues - Callables
Miscellaneous Securities - Coupon
Treasury Discounts -Amortizing
lnvestments
Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
The above
Kevin
The City of lndian Wells
Portfolio Management
Portfolio Summary
August 31,2023
MarketPar
750,000.00
3,133,740.21
4,495,390.91
8,715,000.00
8,000,000.00
43,700,000.00
800,000.00
5,000,000.00
750,000.00
3j33,740.21
4,495,390.91
8,258,673.47
7,274,230.00
40,413,211.00
756,O22.00
4,942,170.OO
Book
Valrrc
750,000.00
3,133,740.21
4,495,390.91
8,715,000.00
8,058,939.23
43,700,350.29
801,235.84
4,945,695.29
Yo ot
F6.ffnli6
Days to
Maturity
YTM
360 Equiv. 355 Equiv.Team

1.01 4.20

6.03 11.68

10.80 58.58

1.O7

6.63 254
1 1
1,798
1,803
1,590
1,449
'160

5.323

3.387

4.083

2.060

1.341

1.530

0.653

5.146

5.397

3.434

4.1 39

2.088

1.360

1.551

0.662

5.218
168
'l
1 946
946
845
472
79 72074,594,131.12 70,023,437.59 74,600,351.77 100.00% 1,365 2.072 2.100 August 31 Month Ending
138,22't.55
76,863,336.57

2.'l2o/"
cash flow from revenue and maturing investments will be sufficient to cover expenditures for the next six months. All securities are "Marked-to-Market" on a monthly basis.

Reporting period 08/01 /2023-0U31 12023 Portfolio CITY
AP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Run Date: 0980/2023 - 19:20 No fiscal year history available

The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2023
Purchase
Date

YTM Days to Maturity
Fitch 360 Maturitv fhfo
Stated
BookValue Rate
250,000.00
250,000.00
250,000.00
750,000.00
CUSIP lnvestment #
Bank Gertificates of Deposit
lssuer
Pacific Western Bank
Pacific Western Bank
Pacific Westem Bank
LAIF - City
LAIF - Redevelopment
Average
Balance
750,000.00
5,562,772.{t
3,3{1,466.17
Par Value
250,000.00
250,000.00
250,000.00
7s0,000.00
3j33,740.21

0.00 3,133,740.21
Market Value
250,000.00
250,000.00
250,000.00
750,000.00
3,133,740.21

0.00 3,133,740.21

5.350

5.250

5.370

5.350

5.250

5.370
128 0110712024
67 1110712023
310 07t0712024
sYs579
sYs580
sYS581
579
580
581
o6to7t2023
0610712023
0610712023
0710112022
071o112022
08t3012022
08t3012022
07luno22
07to1t2022
07t0112022
07t0'U2022
0313112020
o9t2112022
07t22t2020
0713112023
07t26t2019
0212312022
0212312022
03t31t2020
07n8no19
0912112022
0413012020
10t3012018
10t03t2018
Subtotal and Average 5.323 168
Managed Pool Accounts - LAIF
SYSz1
SYS23
21 23
3,133,740.21

0.00 3,133,740.21

3.434

0.233

0.200

3.387
0_230
Subtotal and Average
Money Market Sweep/Checking Account

3.387

4.083
1 SYSl
SYS6
SYST
SYSs
SYSlO
SYS9
SYS2
SYS3
SYS4
SYS19
SYSS
1 6
7 8
10 9
2 3
4 19
5 515
574
525
589
501
561
562
512
499
573
518
484
480
Pacific Western Bank
Pacif ic Western Bank-Ambulance
Pacif ic Westem-Publ icFundsMMA
US Bank Money Market
US Bank Money Marke!4591
US Bank Money Market-4590
Pacific Western - Acct Payable
Pacif ic Vl/estern-Payroll
Union Bank-Checking
Petty Cash
WestAmerica Bank
Subtotal and Average
990,733.62

0.00 15,344.23

0.00 19,070.1 0
3,468,242.96

0.00 0.00

0.00 2,000.00

0.00 990,733.62

0.00 15,344.23

0.00 1 9,070.1 0
3,468,242.96

0.00 0.00

0.00 2,000.00

0.00 990,733.62

0.00 15,344.23

0.00 19,070.10
3,468,242.96

0.00 0.00

0.00 2,000.00

0.00 0.250

3.450

5.220

5.250
o.247

0.000

3.403

0.000

5.148

5.178

0.000

0.000

0.197

0.000

0.000
Negotiable CD's
0200808X4
0523928T3
06063HMS9
062119CD2
06652cHA2
073714YE7
07371CE88
055804VX9
14042TAY3
14042RUJ8
152010DE4
20033AM86
254673UL8
Alma Bank
Austin Telco Fed Credit Union
Bank of Baroda
Bank Five Nine
Bankvl/est lnc.

Beal Bank - Plano TX
Beal Bank USA

BMW BANK NORTH AMERICA
Capital One Bank USA NA
Capital One NA
Centerstate Bank NA
Comenity Capital Bank
Discover Bank
4,49s,390.91
250,000.00
250,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
247,000.00
250,000.00
248,000.00
250,000.00
250,000.00
4,495,390.91
234,512.50
237,435.00
227,782.71
240,817.86
241,213.77
223,572.sO
223,572.50
235,142.50
240,671.86
238,452.50
231,386.48
249,290.00
249,562.50
4,495,390.91
250,000.00
2s0,000.00
249,000.00
249,000.00
249,000.00
250,000.00
250,000.00
250,000.00
247,000.00
250,000.00
248,000.00
250,000.00
250,000.00
1,400

3.800

0.700

4.500

2.000

1.900

1.900

1.550

2.300

3.900

1.250

3.450

3.300

1.380

3.744

0.690

4.438

1.973

1.874

1.874

1.529

0.000

0.000

1.233

3.403

3.255
574
1,481
690
1,792
329
1,265
1,265
577
299
1,481
607
59 32
0312812025
09t21t2027
07l22DO25
07t28t2028
07t2612024
0a1712027
02t1712027
03t31t2025
0612612024
0912112027
0413012025
10t3012023
'lolo3l2023
Portfolio CITY
AP
PM (PRF-PM2) 7.3.0Run Date: 09/3012023 - 19:20
Report Ver. 7.3.6.1

The Gity of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2023
Page2
Stated YTM Days to Maturity
Book Value P.+6 Fitch ?60 MrirrrifwCUSIP lnvestment #
Negotiable CD's
29260M8E4
320278AM9
3204374D8
321 10YD93
32026UWs1
321 12UDRg
395731B11
530520AK1
5380361D4
58404DS\^2
64034KAG6
654062J22
6673648V0
69506YR15
709621AS't
724468AG8
7496224LO
856285TF8
866't6RAG0
87164XR65
89235MKY6
90348JFF2
Medium Term Corporate Notes
06048\ JM31
06048\ /M72
06406RAN7
24422E\wR6
48128G2Q2
46632FRU'l
612285AE6
lssuer

ENCORE BANK
First Freedom Bank
First Guamty Bank Hammond LA
First National Bank of America
First Foundation Bank
First Natl Bank of Mccregor TX
Greenstate Credit Union
Liberty First Credit Union
Live Oak Banking Company
Medallion Bank Utah
Nelnet Bank, lnc.

Nicolet National Bank
Northwest Bank
Pacific Western Bank CA CD
Pentagon Federal Credit Union
Pitney Bowes Bank lnc.

RIA Federal Credit Union
State Bank of lndia NY, NY CD
Summit National Bank
Synchrony Bank
Toyota Financial Sgs Bk
UBS Bank USA
Average Purchase
520
521
586
592
590
517
550
585
514
587
558
5'13
519
522
557
588
498
516
591
575
548
483
549
556
524
576
538
533
526
529
552
553
8,195,322.58
8,059,939.02
04t30t2020
0413012020
08t11t2023
o8t16t2023
0811612023
04t28t2020
0611612021
oBt11t2023
o3t31t2020
07t3'U2023
o210212022
o3t31t2020
0413012020
04t30t2020
09t29t2021
07t3112023
06t24t20'19
a4t2912020
oan6t2023
0912312022
04/2?/2021
't0t30t2018
05t28t2021
0713012021
0511412020
0511812023
02t26t2021
0112212021
07t17t2020
07t29t2020
06t1712021
06t2212021
Par Value
249,000.00
249,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
250,000.00
249,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
249,000.00
248,000.00
249,000.00
250,000.00
250,000.00
250,000.00
8,715,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000-00
1,000,000.00
2,000,000.00
1,000,000.00
8,000,000.00
2,000,000.00
2,000,000.00
2,000,000.00
Market Value
241,973.22
241,891.05
240,773.04
246,736.59
235,433.1 6
232,588.41
221,080.00
245,055.84
234,390.00
239,724.75
220,782.50
234,417.50
231,945.99
231,386.48
217,750.50
234,972.O0
246,724.14
232,772.80
243,940.32
238,885.00
222,692.50
249,345.00
8,258,673.47
890,350.00
869,990.00
939,580.00
995,540.00
880,990.00
1,749,640.00
948,140_00
7,274,230.00
1,834,260.00
1,794,560.00
1,788,460.00
249,000.00
249,000.00
249,000.00
249,000.00
244,000.00
249,000.00
250,000.00
249,000.00
250,000.00
249,000.00
250,000.00
250,000.00
249,000.00
248,000.00
249,000.00
244,000.00
249,000.00
248,000.00
249,000.00
250,000.00
250,000.00
250,000.00
8,71s,000.00
1,000,000.00
1,000,000.00
1,006,273.14
1,024,O32.U
1,000,000.00
2,000,000.00
1,028,633.75
8,058,939.23
2,000,000.00
2,000,000.00
2,000,000.00

2.060 946
04t30t2024
0,4t30t2024
oBt04Do28
08t15t2028
oatogt2028
04t28t2025
06t16t2026
08t0712028
03/31t2025
07t3112028
0210212027
03t3112025
0413012025
04t3012025
09t29t2026
07t3112028
1?,26t2023
0412912025
o8t10t2028
09t23t2027
04t22t2026
10t27t2023
0512812026
07t30t2026
04t2412025
01t20t2028
0?/26t2026
01t2212026
o6to1t2025

1.150

1.100

4.500

4.450

4.450

1.350

0.900

4.700

1.400

4.400

1.500

1.400

1.200

1.250

0.900

4.400

2.500

1.600

4.500

3.950

0.900

3.500

1.250

1.200

1.600

4.750

0.800

0.700

2.503

1.135

1.086

4.438

4.394

0.000

1.332

0.888

4.641

1.382

4.406

1.479

1.342
'1.184

1.233

0.888

0.000

2.468

1.578

4.443

3.896

0.888

3.454
'1.233

1.184
't .190

4.083

0.789

0.690

0.819
242
242
1,799
1 ,810
1,804
605
1,019
1,802
577
't,795
1,250
577
607
607
1,124
1,795
116
606
1,805
1,483
964
56 1,000
1,063
601
1,602
909
874
639
Federal Agency lssues - Callables
31 33ELZ80
31 33EMH21
31 33EML67
Subtotal and Average
Bank of America MTN A
Bank of America MTN A
Bank of New York Mellon Corp
John Deere Capital Corp
JPMorgan Chase & Co
JP Morgan Chase Bank NA
Montebello CA Pens Oblig AA
Subtotal and Average
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank

1.341 945

0.580

0.900

0.800
697 07t2912025
1,018 06h5n026
1,025 06122n026
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 0980/2023 - 19:20
o.572

0.888

0.789

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2023
Stated
BookValue p.r6 Fitch

YTM Days to Maturity
CUSIP lnvestment #
Federal Agency lssues - Callables
lssuer
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Farm Credit Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Bank
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Home Loan Mtg Corp
Fed. Nat'l Mortgage Assoc
Fed. Natl Mortgage Assoc
Subtotal and Average
Subtotal and Average
United States Treasury Bill
United States Treasury Bill
United States Treasury Bill
31 33EMN99
3133EMW/3
31 33EPPC3
3 1 30A13S1
31 30AL6G4
31 30AL6J8
31 3OALDNl
31 30ALHZ0
3130A1J62
313OALMM3
313041\ 167
3130AMW57
313OAQWF6
313OAQWJ8
3130AO255
3130ARCV1
313OARGE5
313045320
31 30A5567
3130ASS91
3134G\ rcGg
3134GXMX9
3134GXQP2
3134GXUM4
31 36G4C43
3135GA223
912797FK8
912797FC6
912797FV4
554
s55
582
534
535
536
539
54'l
542
544
546
sst
559
560
563
565
566
568
571
572
530
564
567
569
527
532
Average
43,700,358.s2
801,288.39
Purchase
D.fa
0613012021
07n8/2021
07to3t2023
021171202'l
02J25t2021
o2t2412021
03t16t2021
03h8no21
03t24t2021
0313012021
04t22t20?1
0613012021
o2t25t2022
02t24no22
0311012022
03t2812022
o4t2112022
0512612022
0811612022
o811012022
07t3012020
03l25no22
0412812022
0610712022
ogh4no20
1111712020
oz1a2o21
10t01t2020
0511812023
0712012023
0712012023
Par Value
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
43,700,000.00
500,000.00
300,000.00
800,000.00
3,000,000.00
1,000,000.00
1,000,000.00
Market Value
1,845,500.00
2,677,800.00
1,998,600.00
900,290.00
899,010.00
'1,799,340.00
1,804,360.00
920,220.00
903,340.00
1,811,640.00
906,370.00
1,808,740.00
915,1 00.00
910,320.00
923,620.00
1,964,400.00
939,730.00
1,655,171.00
972,790.00
962,320.00
927,390.00
953,360.00
964,310.00
981,330.00
1,834,540.00
1,816,340.00
4,413,211.00
475,420.00
277,602.00
756,022.00
2,966,580.00
991 ,9'10.00
983,680.00
2,000,000.00
3,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
1,000,000.00
1,700,000.00
1,000,000.00
1,000,000.00
1,000,350.29
1,000,000.00
1,000,000.00
1,000,000.00
2,000,000.00
2,000,000.00
43,700,350.29
501,235.84
300,000.00
801,23s.84
2,968,384.64
992,622.14
984,688.51

0.740

0.870

5.375

0.625

0.600

0.625

0.800

0.530

0.875

1.000

1.'t 00

0.750

2.150

2.050

2.500

2.250

3.000

3.000

4.500

4.000

0.650

2.200

3.030

3.050

0.650

0.560

0.730

0.858

5.301

0.616

0.592

0.616

0.789

0.523

0.863

0.986

1.085

0.700

2.'121

2.O22

2.466

1.846

2.959

2.959

4.438

3.945

0.621

2.170

2.988

3.008

0.641

0.552
668 06/30/2025
1,061 07t2812026
306 0710312024
900 0211712026
908 0212512026
907 0?J2412026
927 03t16t2026
656 06/18/2025
935 0312412026
941 0313012026
964 0412212026
1,033 06/30/2026
1,273 02J2512027
1,272 0212412027
'1,286 03t1012027
209 0312812024
1,328 0412112027
452 11t2612024
1,445 08t1612027
1,439 0811012027
607 0413012025
571 0312512025
605 0412812025
280 0610712024
713 08t1412025
aoa 1111712025
lllliscellaneous Securities - Coupon
255651 KY6
63877NMM6
Dixon CA Unified School Dist
Natomas CA Sch Dist AA lnsured
537
531
o.672

1.100

0.395
'1.085

1.530 845

0.653 472

5.1/tG 79
335 0810112024
700 08t0112025
Treasury Discounts -Amortizing

5.1 96

4.989

5.1 53
76 11t1612023
55 10t26t2023
111 12t2112023
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 0980/2023 - 19:20
577
583
584
Subtotal and Average 6,/f82,189.€ 5,000,000.00 4,942,170.00 4,945,695.29

4.995

4.856

The City of lndian Wells
Portfolio Management
Portfolio Details - lnvestments
August 31,2023
Purchase
Date Par Value
74,594,131.12

CUSIP lnvestment # lssuer
Total and Average
Average
Fl.leh..
76,863,336.57
Market Value
70,023,437.59
Stated
BookValue Rate
74,600,351.77
YTll Daysto
360 Maturitv

2.072 720
Fitch
Portfolio CITY
AP
PM (PRF_PM2) 7.3.0Run Date: 09/302023 - 19:20

/ '.'- :. /
.i -.

INDIAN I. WELLS
City of lndian Wells
z+4-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
2014, 2015, 201 6, 2020 Series
Portfolio Management
Portfolio Summary
August 31,2023
Value
4,613,697.11
4,613,697.11
Market
Vallre
4,613,697.11
4,613,697.11
%oi
Portfolio
4,6'13,697.11 100.00
4,613,697.11 100.00%
Par Book
Value Term
Days to
Maturity 350 Equiv.

0.000

0.000
YTM
365 Equiv.

0.000

0.000
Portfolio 144
CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Total Earninos
Current Year
Average Daily Balance
Return
Reporting period 08/01 /2023-08131 12023
Auoust 31 Month Endinq

0.00 15',t,271.94

0.00%
Run Date: 09/3012023 - 20: 1 7 No fiscal year history available

2014, 2015, 201 6, 2020 Series
Portfolio Management
Portfolio Details - lnvestments
August 31,2023

YTM Days to Maturity
Fifch 365 M.furit!, nrla
Stated
BookValue R.te

0.00 1 57.85

0.08 4,61 3,539.18

0.00 4,613,697.11
4,613,697.11
CUSIP lnvestment #
Money Market Sweep/Checking Account
SYS28
SY526
SYS25
sYs27
SYS24
Subtotal and Average
Total and Average
28 26
25 27
1 l3suer
20'l4A Bonds Reserve
All Bond Series Principal
All Bond Series lnterest
All Bond Series Debt Svc
Cost Of lssuance Escrow
Average
Balancc
15',1,271.94
151,271.94
Purchase
Date
07t01t2022
07101t2022
07to1t2022
07t0112022
0710112022
Par Value

0.00 157.85

0.08 4,61 3,539.18

0.00 4,613,697.11
4,613,697.{1
Market Value

0.00 157.85

0.08 4,61 3,539.18

0.00 4,613,697.11
4,513,597.11

0.000

0.000

0.000

0.000

0.000

0.000

0.000 1
Portfolio 14A
CP
PM (PRF_PM2) 7.3.0Run Date: 0980/2023 - 20:17
Report Ver. 7.3.6.1

i -i
INDIAN i'WELLS
2015 A Bonds
Portfolio Management
Portfolio Summary
August 31,2023
Market
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIIA
lnvestments
Money Market Sweep/Checking Account
Investments
Total Earnings
Current Year
Average Daily Balance
Effective of Return
Kevin
Reporting period 08/01 /2023-0813'1 12023
Velrrc

1.00 1.00
August 31 Month Ending
Par Book
Valrrc
olo ot
Porffolio
Days to
Maturitv
YTM
350 Equiv.

0.000

0.000
YTM
355 Equiv.

0.000

0.000
Portfolio 15A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Term

1.00 {.00
1 .00 100.00

1.00 't00.00% 1

0.00 1.00

0.00%
Run Date: 0980/2023 - 20:20 No fiscal year history available

2015 A Bonds
Portfolio Management
Portfolio Details - lnvestments
August 31,2023
Purchase
Date Par Value
Stated
BookValue Rate

1.00 1.00

YTM Days to Maturity
Fitch 365 Maturitv Daie

0.000 1

0.000
Portfolio 15A
CP
PM (PRF PM2) 7.3.0
custP lnvestment # lssuer
Money Market Sweep/Checking Account
SYS27 27 2015 A Reserve
SYS22 22 UBC Cost Of lssuance Escrow
Subtotal and Average
Total and Average
Average
Balance

1.00 1.00
0710112022
07t01t2022

1.00 0.00

1.00 r.00
Market Value

1.00 't.00

1.00 0.00

1.00 0.00

0.000

0.000
Run Date: 0980/2023 - 20:20
Report Ver. 7.3.6.1

INDIAN i WELLS 2016 A Bonds
Portfolio Management
Portfolio Summary
August 31,2023
Market
Value

1.00 1.00
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489CALIFORNIA
lnvestments
Money Markei Sweep/Checking Account
lnvestments
Total Earnings
Current Year
Average Daily Balance
Return
Kevin
Reporting period 08r0'l /2023-0813'1 12023
Value

1.00 1.00
Auqust 31 Month Ending
Par Book
Value
oh of
Portfolio
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 164
CP
PM (PRF_PM1)7.3.0
Report Ver. 7.3.6.1
Term

1.00 100.00

1.00 100.00% 1

0.00 1.00

0.00%
Run Date: 0980/2023 - 20:22 No fiscal year history available

CUSIP lnvestment # lssuer
Money illarket Sweep/Checking Account
SYS28 1 UBC Cost Of lssuance Escrow
SYS33 2 Union Bank ReserveAccount
Subtotal and Average
Total and Average
Average
R2hnaa

1.00 1.00
071o112022
07tuno22
2016 A Bonds
Portfolio Management
Portfolio Details - Investments
August 31,2023
Purchase
Date Par Value
Page'l
YTM Days to Maturity

0.000

0.000

0.000 1

0.000
Portfolio 16A
CP
PM (PRF_PM2) 7.3.0
Stated
BookValue Frra Fitch

0.00 1.00

1.00 1.00

0.00 1.00

0.00 '1.00
Market Value

1.00 1.00

1.00 1.00
RunD qogEODO23-20:22
Report Ver. 7.3.6.1

:-* /i
INDIAN \ WELLS\

CALIFORNIA
lnvestments
Money Market Sweep/Checking Account
lnvestments
Total Earninqs
2020 A Bonds
Portfolio Management
Portfolio Summary
August 31,2023
Market
City of lndian Wells
44-950 Eldorado Drive
lndian Wells CA92210
(760)346-2489
Par Book
Value
o/o of
Portfolio
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 20A
CP
PM (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1

1.00 1.00
Auqust 3l Month Endins
'1.00

1.00 1.00 100.00
r.00 r00.00%
Term
1 Current Year
Average Balance
of Return
Reporting period 08/01 /2023-0813'1 12023

0.00 1.00

0.00%
Run Date: 0980/2023 - 20:05 No fiscal year history available

2O2O A Bonds
Portfolio Management
Portfolio Details - Investments
August 31,2023
Purchase
Dale Par Value

Stated YTM Days to Maturity
BookValue Rate Fitch 365 Maturitv DateMarket ValuecuslP lnvestment # lllloney Market Sweep/Checking Account
SYSl
SY52
Subtotal and Average
Total and Average
1 2
lssuer
2020 A Bonds COI
2020 A Bonds Reserve
Average

1.00 1.00
07to112022
07t01t2022

0.00 1.00
L00

1.00 0.00

1.00 0.00

1.00 1.00

1.00 0.000

0.000

1.00 1.00

0.000

0.000 I
Portfolio 20A
CP
PM (PRF_PM2) 7.3.0Run Date: 09/3012023 - 20:05
Report Ver. 7.3.6.1

LS
:-* |
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INDIA\I I IWEL
I
City of lndian Wells
44-950 Eldorado Drive
lndian Wells C492210
(760)346-2489cALlF0Rf',ilA
lnvestments
Money Market Sweep/Checking Account
lnvestments
9,037,945.58
9,037,945.68
Market
Value
9,037,945.68
9,037,945.68
%ol
Portfolio
9,037,945.68 100.00
9,037,94s.68 100.00%
2022 Bonds
Portfolio Management
Portfolio Summary
August 31,2023
Par Book
Vehrr
Days to
Maturity
YTM
360 Equiv.

0.000

0.000
365 Equiv.

0.000

0.000
Portfolio 22
CP
Pr\il (PRF_PMl) 7.3.0
Report Ver. 7.3.6.1
Te]m
Total Earninos
Current Year
Average Daily Balance
Effective Return
Kevin
Reporting period 08/0'1 r2023-08131 12023
Auqust 3l Month Ending

0.00 9,000,275.32

0.00%
Run Date: 09/3012023 - 19:46 No fiscal year history available

2022 Bonds
Portfolio Management
Portfolio Details - lnvestments
August 31,2023
Purchase
Dele Par Value

Stated YTM Days to Maturity
Book Value P,ra Fiich tAi M.ftrrih,CUSIP lnvestment #
Money Market SweeplChecking Account
sYs2
SY54
SYSl
sYs5
SYS3
Subtotal and Average
Total and Average
lssuer
2022 Bonds COI
2022 Bonds lnterest
2022 Bonds Project Fund
2022 Bonds Redemption Fund
2022 Bonds Payment Fund
2 4
1 5
3 Average
9,000,275.32
9,000,275.32
07t01t2022
o3t16DO23
07t01t202?
0311612023
o9t21no22

0.00 590.45
9,036,479.24
873.90

2.O9
9,037,945.58
9,037,945.68
Market Value

0.00 590.45
9,036,475.24
873.90

2.O9
9,037,9/15.68
9,037,9tt5.68

0.00 s90.45
I,036,479.24
873.90

2.O9
9,037,9,r5.68
9,037,945.68

0.000

0.000

0.000

0.000

0.000

0.000

0.000 'l
Portfolio 22
CP
PM (PRF_PM2) 7.3.0Run Date: 0913012023 - 1 9:46
Report Ver. 7.3.6.1

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Request for Supplemental Appropriation for Whitewater River Channel Cleanup Caused by Tropical Storm Hillary

RECOMMENDED ACTIONS:

Council AWARDS contract to Lippert Construction for two separate phases for the August 20 storm cleanup caused by Tropical Storm Hillary ; Fred Waring Drive using the City’s General Fund reserves and the Whitewater River Channel using Golf Resort Funds; and

AUTHORIZES and DIRECTS the City Manager to execute an agreement for the same; and

APPROVES supplemental appropriation in the amount of $156,905 from the General Fund for the clearing of Fred Waring Drive, and $582,200 from the Golf Resort Fund for the cleanup of the Whitewater River Drainage Channel beginning at Fred Waring Drive and extending 1.25 miles towards the Miles Avenue bridge; and

AUTHORIZES the City Manager, or designee, to transfer funds from general fund to the Public Works City Parkways Operations account.

DISCUSSION:

On August 20, 20 23, the Coachella Valley experienced a significant rainstorm event , Tropical Storm Hiliary. The storm generated a high volume of water in the Whitewater River Channel that caused significant erosion and deposited excess debris in the channel and Fred Waring Drive. The amount of silt and debris deposited on Fred Waring required the road to be closed. Clearing the roadways and debris removal from other infrastructure locations began under the City’s Fiscal Policies and Procedures Manual under section 6.E, Emergency Purchase.

The scope of work to clear up the debris from the storm was divided into two categories:

Fred Waring Drive and the Whitewater River Channel. The work for both categories included mobilization of equipment, cleanup of the respective facilities , grading erosion damage in the channel, removal of silt and debris deposited in the channel between Fred Waring (including portions of the channel north of Fred Waring Drive) and the east drop

structure, and temporary repair of the east drop structure. The total distance of the channel clean -up extended approximately 1.25 miles from the Fred Waring bridge, southeast to the cart crossing between holes 16 and 17 of the Player’s Course.

Staff are seeking funding from Caltrans for the repairs to Fred Waring Drive and seeking insurance and California Office of Emergency Services reimbursement for the work in the channel. In addition, multiple requests to declare the damage from Tropical Storm Hillary a national disaster is pending with the President Joe Biden. If declared, staff will seek funding from the United States Department of Federal Emergency Management Agency.

Staff reached out to Lippert Construction who proposed performing all the needed work on a time and materials basis. Staff reviewed the estimated cost at $477,000 and found the estimate to be reasonable.

FISCAL IMPACT:

The cost for the Fred Waring Drive clean -up is $156,905 ; requesting transfer from the General Fund and the cost for the Whitewater River Channel Cleanup is $582,200 paid from the Golf Resort Fund . A supplemental appropriation is required, and s taff is requesting the transfer of $156,905 from the City’s Disaster Recovery Reserves and $582,200 from the Golf Resort Fund to the Public Works City Parkways Operatio ns account to backfill unanticipated expenditures related to the Tropical Hilary Storm clean- up and repair.

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: City Manager’s Department
Prepared by: Chrisopher Freeland, City Manager
Subject: Sponsorship of Dr. George Charity Car Show

RECOMMENDED ACTIONS:

Council AUTHORIZES the City Manager to execute a three-year sponsorship agreement with the Palm Springs Crusin’ Association to serve as Presenting Sponsor of the Dr. George’s Charity Car Show from 2024-2027; and

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

BACKGROUND:

For over twenty years, the Palm Springs Crusin’ Association volunteers have coordinated the Dr. George Charity Car Show held each February at the Indian Wells Tennis Garden.

On the second Saturday in February, thousands of visitors come to Indian Wells to see approximately 1,100 cars on display, with all money raised donated to the Desert Cancer Center. The City of Indian Wells has supported the event for many years.

The Palm Springs Crusin’ Association (PSCA) is a 30+ year organization of car enthusiasts who volunteer their time and vehicles to stage and promote charitable car events. The PSCA has 501(c)3 non-profit status with the Internal Revenue Service. In 2002, local oncologist Dr. Sebastian George was killed while helping a motorist. Many of Dr. George’s patients were members of the PSCA. In 2002, the PSCA hosted its inaugural Dr. George Car Show to honor Dr. George’s memory and raise funds for the Desert Cancer Foundation he helped co-found. The Dr. George Car Show provided over $1.2 million in donations to the Desert Cancer Foundation.

Founded in 1994, Desert Cancer Foundation is a nonprofit organization dedicated to helping pay for cancer care for local valley residents needing financial assistance. They believe no one should forgo life -saving treatment due to inability to pay. Every dollar donated to Desert Care Foundation translates into $10 in cancer care & treatment through strategic partnerships with the local healthcare community, including Desert Regional Comprehensive Cancer Center and Eisenhower Lucy Curci Cancer Center. For over 25

years, the Desert Cancer Foundation has worked closely with these partners to leverage over $10.5 million in funds and provide more than $106 million in cancer care & treatment in the Coachella Valley.

Additional information on PSCA and the Desert Cancer Foundation is attached.

DISCUSSION:

The sponsorship agreement between the City of Indian Wells and the Tennis Garden allows the City's free rental of the Tennis Garden for two events annually to be used by the City or a City-approved nonprofit. The City or nonprofit is responsible for any costs beyond the rental of the Tennis Garden (e.g., janitorial services, security, food and beverage, etc.). The Dr. George Chairty Car Show has utilized one of these city-free rentals.

Recently, City staff and representatives from PSCA and Desert Cancer Foundation met to discuss continuing the City’s support of the Dr. George Charity Car Show. Over the past few years, the valuation of the rental of the Tennis Garden has significantly increased and is currently valued at approximately $50,000. To recognize the City’s ongoing support of the Dr. George Charity Car Show, PSCA is presenting a comprehensive sponsorship package with additional benefits for the City.

The deal points are as follows:

 The City Provides PSCA use of the Tennis Gardens under the nonprofit provision of the agreement between the City and Tennis Gardens for the 2024 -2027 Dr.

George Charity Car Show.

 PSCA agrees to the following:
o Create a unique sole “Presenting Sponsor” sponsorship level for the City. o Prime positioning in all print advertising, event programs, flyers, and spectator cards. City’s logo on event t-shirts and banners at the event. o Prominent recognition in all TV and Radio Spots.
o Recognition throughout the day during public announcements at the Car Show.
o Two pages of prominent advertising space in the event program to promote the City and the Indian Wells Golf Resort.
o Tickets and parking for City representatives to attend the event. o Food truck space for the Indian Wells Golf Resort.
o Creating a new Mayor’s Trophy for the Car Show.
o Recognition as a sponsor at the Sponsor’s Recognition Dinner , where the funds collected are given to the Desert Cancer Foundation.  Table for ten to attend the Sponsor’s Recognition Dinner. o Authorization for the City to use the event for our publicity and social media.

Staff recommends that the Council approve the deal points presented and authorize the City Manager to execute a three-year sponsorship review and discuss PSCA’s sponsorship proposal.

FISCAL IMPACT:

There is no cost to the City for the sponsorship. In exchange for using the City’s nonprofit provision of the agreement between the City and Tennis Gardens, PSCA will provide the City with extensive publicity and recognition as the Presenting Sponsor.

OPTIONS:

The Council can consider the following options on the proposed Sponsorship Agreement with PSCA.

1. Approve the proposed sponsorship agreement with PSCA as presented.

2. Amend or modify the proposed sponsorship agreement as presented.

3. Deny the proposed sponsorship agreement as presented.

4. Provide alternative direction to Staff.

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 fores eeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Dr. George Charity Car Show Information

P.O. Box L4O63, Palm Desert,CA92255
www. pa lmspringscru isinassociation'com
The Dr. George CharitY Car Show
The palm Springs Cruisin' Association (PSCA) is a 30+ year old organization of car enthusiasts who volunteer their time and vehicles to stage and promote charitable car events. lt is an all- volunteer organization with 50i.(c)3 status with the lnternal Revenue Service. The signature event for this group is the Dr. George Charity Car Show held the second Saturday of February each year to honor the memory of Dr. Sebastian George and support the foundation he co- founded in Lgg4. After his death in 2002 while assisting another motorist, several members of pSCA, who had been patients of Dr. George, decided to hold a car show to raise funds to contribute to the Desert Cancer Foundation in his memory. Over the 20 years of shows, over S1,200,000 has been contributed as a result of those efforts. With the multiplier effect the Foundation has negotiated with the regional medical centers, this equates to approximately SL2,000,000 of screening, diagnosis and treatment for cancer and allied diseases.

The Dr. George Charity Car Show is held on the grass at the lndian Wells Tennis Garden and has grown to its maximum of 1,LOO vehicles on display. The entrants represent all classes of vehicles from customized bicycles to classics to lowriders to custom hot rods. The show is ringed with localvendors of food, merchandise, and services. Spectators are encouraged to donate funds in addition to their entry fee. Trophies are awarded to the choices of the sponsors. The goal is to have a beautiful day on the grass with an array of vehicles to suit everyone's taste. Funds are primarily raised through major sponsorships, entry fees, gate donations, vendor fees, spectator parking and raffles.

The Desert Cancer Foundation (DCF)was founded in 1994 by Dr. Sebastian George, a recognized leader in the field of oncology, and Art and Cory Teichner. They saw many local residents who needed financial help in order to receive proper care for their cancers. Many were uninsured, under-insured or simply lacking the funds to pay for deductibles, transportation or other costs associated with this debilitating disease. With the cooperation and support of the major cancer treatment facilities in the Coachella Valley, they were able to obtain over $10's worth of care for every 5L paid by the Foundation. This "leverage" has made all of the difference for patients that have staggering bills for their care or in many cases, would simply have forgone treatment. Through 2O2L, DCF has provided funding for the equivalent of over 565 million in screening, diagnosis, and treatment for local residents. The Dr. George Charity Car Show has been a significant contributor to that total.

ATTACHMENT #1

Dr. George Charity Car Show Page 2
ln 2023, PSCA raised a record $1OS,OOO for the DCF. ln order to continue the growth of our contribution, we are looking to add attractions to bring more spectators (and donors) to the show. Currently, we have a "special guest" booth where key celebrities in the custom car, specialty parts manufacturing and car racing arenas can be interviewed and share their stories with our guests. We introduced a kids pedal car race in 20L8 which has become a fan favorite.

We are also looking at a professionaljudging program that would bring prominence to the top awards given at the show. Finally, we are exploring increasing sponsorships to provide resources to expand our media profile and draw more potential spectators/donors to the show.

Our goal is to remain true to the all-volunteer effort and to continue the Dr. George show's reputation as a family friendly car show. We will encourage a wide variety of vehicles to join us in a warm and comfortable environment that provides a growing resource to the Desert Cancer Foundation.

txSF [{ [

FOUNDATION
Board of Directors
fturkllamsou Pmilent
Debbie Pidett, lice Pretident
Ieresa Whipple, JeneaT
William R" lowgblood, lreaurer
Alison l"layer lachs, l'1.5.W' C.S.W
t.S.W., 0.5.W-C, l'lenbu at large
Robert Bernheimer, Innediate
Pat Preident
Julia Bu4 tsq., PA
Elber hmacho, Il.D.

Lisa Copeland
Stephanie W. tamll, ilBA Rll,
Bst{, CCRC, [PllQ
Richard fausel, D.0.
l'licki Greenspan
Amir lavaf, 1'1.D., DMBR
Deborah llcGaney
Ross llcllullin
Shay lloraga
l'lark Scheibach
l(atie khnuer, t'l[A IAC]IE
.|uliet Sebutian
Richard Weintraub
I'ledical Advisory Board
Elber hmacho, l'|.D.

Richard fausel, 0.0.

Sonla l{. tung, t{D
Amir lavaf, l'|.D., DMBR
Amy tar il.D.

Eric Preser, [l.D.
foanden
Seba$ian George, l'|.D.

Arthur and Cory leichner
74091 lanea ltreet
Palm Desert, CA 92260
760.773.6554
iu 160.773.6532
urw.{e'llllaEer{Suldalr!!.qC
lax Payer lD# 33-0648823
We Poy for Concer Core!

MISSION & HISTORY
Desert Cancer Foundation is o nonprofit organizotion dedicated to helping poy for concer core for local valley residents in need of financiol assistdnce.

Desert Cancer Foundation (DCF) was founded in L994 by valley oncologist, Dr. Sebastian George, and Art & Cory Teichner, to pay for cancer treatment for valley residents who lacked medical insurance or sufficient funds to pay for vital medical care. Our vision is that no one should forgo life-saving treatment due to their inability to pay' Patient Assistance Program & Who We Serve
DCF's Patient Assistance Program provides financial assistance for cancer screening, diagnosis, and treatment for residents of the Coachella Valley and surrounding communities who otherwise could not afford the cost of vital care. The program provides access to medical treatment for uninsured or underinsured individuals, by covering the cost of insurance premiums, deductibles, co-pays/co-insurance, and prescription medication, including chemo and radiation therapies.

With Desert Cancer Foundation, every $1- dollor roised translotes to more thon $70 in cQncer core, thanks to strategic partnerships with our local healthcare community, including Desert Regional Comprehensive Cancer Center and Eisenhower Lucy Curci Cancer Center. lmpact
For over 25 years, DCF has met the demands of certain
medical gaps in healthcare coverage; providing care to
over 8,600 local residents and covering a total cost of 510.5 million in cancer care & treatmenU this is valued at approximately S106 million. f
On average, Desert Cancer Foundation provides for
approximately L85 local valley residents, covering the
cost of close to 3,000 services, per year. Through August 3!, 202!, DCF has paid over $228,500 for 'J',448 cancer care services.

Community Support
A cancer diagnosis is that much more devastating for an individual who lacks funds to pay for treatment. Desert Cancer Foundation helps to alleviate the financial burden, so that the cancer patient can opt for treatment, focus on healing, and continue to provide for their family. Our work and mission are only possible with the support of our community' Together, we help the most marginalized individuals, in a time of their greatest need.

Together, we give the gift of hope. Thank you for your continued support! t'
t
t
For more information, please visit: www.DesertCancerFoundation.org or call 760-773'6554

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Golf Resort Restaurant Lease & True Up Agreement & Option to Re-Imagine Vue Bar & Grill

RECOMMENDED ACTIONS:

Council AUTHORIZES the City Manager to execute a Golf Course Restaurant Lease and True Up Agreement with Troon Golf subject to non-substantive administrative edits; and

APPROVES Troon’s proposal to re-imagine the VUE Bar & Grill into a Richard Blais restaurant; and

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

BACKGROUND:

Food and Beverage Operations (F&B) at the Indian Wells Golf Resort comprise VUE Bar and Grill, the Fairway Grill, Banquet facilities, a Food Truck, Café 36, and on -course beverage carts. As adopted by the Council in the Fiscal Year 2023 -24 Budget, F&B Operations anticipates serving 237,728 customers (covers) and generating approximately $7.8 million in revenues, nearly 40% of all revenues at the resort. Consistent with the Council's implementation goals and deliverables, the anticipated Net Operating Income from F&B operations is $1.5 million, representing 19% of total F&B revenue.

The new Restaurant Lease Agreement leases all F&B operations to Troon. Cities often require restaurant lease agreements for Alcohol Beverage Control (ABC) purposes , primarily for regulatory and compliance reasons. Cities themselves typically cannot hold an Alcohol Beverage Control (ABC) license because they are not commercial entities or individuals engaged in the business of selling alcoholic beverages. ABC licenses are typically issued to private companies or individuals who meet specific legal requirements and wish to operate in a commercial establishment, such as a restaurant or bar, where alcoholic beverages are sold.

The Restaurant Lease Agreement outlines the terms of the business arrangement between the City and the restaurant operator. This is important for the ABC authority to determine who is responsible for the premises and who holds the license. It clarifies who has the right to sell alcohol on the premises. The lease includes provisions related to liability and insurance coverage. ABC authorities must ensure that the restaurant has adequate coverage and that the City and restaurant operator understand their responsibilities in the event of alcohol-related incidents.

Restaurant lease agreements are essential to the regulatory framework for businesses serving alcohol. They help ensure that establishments comply with local and state laws, maintain suitable locations, and have the necessary agreements to operate legally a nd responsibly.

The True Up Agreement reconciles the quarterly net income to the rent paid by Troon to the City. In the event the Quarterly Net Income is greater than the aggregate rent paid during the fiscal quarter, Troon shall pay or credit the difference to the City. In the event the aggregate rent paid during the fiscal year exceeds the Quarterly Net Income, the City shall pay or credit the difference to Troon. Essentially, the True Up Agreement exists because of the Restaurant Lease Agreement and the Restaurant Lease Agreement exists primarily for ABC compliance.

DISCUSSION:

This Staff Report is bifurcated into two sections to assist the Council.

The first section is updating the existing Restaurant Lease Agreement with Troon. As detailed in the following pages, much of the Restaurant Lease Agreement remains the same. The updates focus on improvements benefiting the City and are consistent with the newly adopted Troon Management Agreement. The updates focus on “Exceptional Customer Service” and “First Class” standards as defined in the current Golf Resort Management Agreement, profitability consistent with the Golf Resort’s “Annual Plan,” and finally, allow Troon (subject to Council approval) to enter third party operations contracts.

The second section considers the option to Re-Imagine the Vue Bar & Grill with a Celebrity Chef concept. Troon proposes re-imagining the Vue Bar and Grill into a celebrity chef restaurant. Troon overwhelmingly supports onboarding Celebrity Chef Richard B lais.

Celebrity Chef Richard Blais met personally with individual City Council Members and presented initial concepts and options. Additional details are in the Re-Imagine the Vue Bar & Grill section.

Restaurant Lease Agreement

Much of the New Restaurant Lease Agreement remains the same as the current Lease Agreement, such as Troon’s Possession and Use, Troon’s collection of revenues and

payment of operating costs, Repairs and Maintenance, Troon’s F&B employees, licenses (including the ABC licenses), compliance with the law, quiet enjoyment, events of default, insurance requirements, and indemnification.

The new Restaurant Lease Agreement contains improvements benefiting the City. The new Restaurant Lease Agreement re-enforces the framework of the new Management Agreement, focuses on creating exceptional customer service , establishes financial performance requirements, and allows the use of third -party contractors. Significant changes are detailed as follows:

 Troon acknowledges that the quality and reliability of the F&B Operations are essential to the Golf Resort. This means that Troon must operate F&B operations consistent with “Exceptional Customer Service” and “First Class” standards as defined in the current Golf Resort Management Agreement. This also means Troon will utilize commercially reasonable efforts to provide First-Class food and beverage experience at the Vue Restaurant, which includes, for the avoidance of doubt, hiring and training Staff and overseeing operations.

 Troon acknowledges operating and managing the food and beverage operations of the Golf Resort with a goal of profitability . Profitability and its associated Key Performance Indicators (KPIs) are annually adjusted and agreed to by the City Council during the adoption of the Golf Resort’s “Annual Plan” as defined in Section

3.4 of the Management Agreement.

 Subject to the City’s approval, the new Restaurant Lease Agreement allows Troon to enter into contracts and agreements (a “Third Party Contract”) i n connection with its operation, management, and improvement of the F&B Premises subject to the City’s approval, engage third -party contractors or consultants to provide services, products, or expertise related to the F&B Premises, including but not limited to consultation on menu development, interior design, marketing, advertising, and equipment.

 The new Restaurant Lease Agreement runs co-terminus with the Management Agreement.

 The new Restaurant Lease Agreement clarifies that the City will continue subsidizing Troon for F&B discounts offered to residents.

Re-imagine the VUE Bar & Grill

During the Golf Resort’s Strategic Planning in February 2023, the Council required Troon Golf (the Operator) to incorporate new F&B strategies designed to reduce non-seasonal operating losses, evaluate the cost of sales and labor controls, capture additional covers

in banquet and VUE Bar and Grill profit centers, increase Golfer use of the VUE by 30%, and increase Resident Covers by 10%.

In addition, competition in the Indian Wells restaurant market is becoming more competitive. The new Tommy Bahama Miramonte Resort will have a new restaurant concept. Hyatt has announced the addition of a celebrity chef as part of the hotel’s rebranding. The Renaissance is in the process of re-conceptualizing its food and beverage offerings. Vue Bar and Grill needs a new identity to remain competitive with these fresh food and beverage operations in the Indian Wells Golf Resort campus.

The request to remain competitive for additional covers, revenues, and increased profitability led the Council to direct the City Manager and Troon to examine and develop a new Vue Bar and Grill concept . A new concept designed to capture additional covers from golfers, residents, hotel guests, and the local market.

The Celebrity Chef Concept

Hiring a celebrity chef can offer several potential benefits. Some of these benefits include:

1. Brand Recognition: Celebrity chefs often have a solid following and a recognizable brand. By associating the Golf Resort’s F&B operations with a well-known chef, we can attract fans and customers eager to experience their culinary creations.

2. Marketing and Publicity: Celebrity chefs can attract media attention and publicity.

Their appearances on TV shows, magazines, and social media can help promote your establishment and generate buzz.

3. Culinary Expertise: Celebrity chefs are highly skilled and experienced in the kitchen. Their expertise can elevate the q uality of your restaurant's menu and overall dining experience, potentially attracting discerning food enthusiasts.

4. Menu Innovation: Celebrity chefs often bring innovative and unique culinary ideas.

Their creativity can lead to exciting menu items that set the Golf Resort’s F&B operations apart from competitors.

5. Increased Revenue: The draw of a celebrity chef can lead to increased foot traffic and higher average check sizes, ultimately boosting revenue—additional revenues from any celebrity chef-related merchandise sold at the Golf Resort.

6. Collaborative Marketing Opportunities: Collaborating with a celebrity chef can lead to partnership opportunities, such as cookbook releases, cooking classes, or special events, which can further drive business and revenue. Having a celebrity chef

coordinate not just the restaurant operations but also course and special events (e.g., weddings) can have significant revenue and brand benefits.

Disadvantages include the cost of hiring a celebrity chef, compatibility – whether the chef is compatible with our brand, sustainability - whether the celebrity chef's popularity is sustainable over the long term, and brand risks associated with negative publicity.

The Trail Blais Relationship

Troon has significant food and beverage experience in public and private golf courses.

In recent years, the Aviara Golf Club in Carlsbad, a Troon-managed golf course, rebranded its restaurant to a celebrity chef concept that has become a thriving destination for golfers, hotel guests (Park Hyatt Aviara), and locals. Ember & Rye at Aviara Golf Club is a Richard Blais restaurant.

Troon is proposing a similar rebranding of the Vue Bar and Grill into a celebrity chef restaurant. Celebrity Chef Richard Blais, through his relationship with Troon, desires to rebrand the restaurant into an approachable and affordable dining destination that golfers, residents, hotel guests, and locals will enjoy.

Over the past few months, Staff, and Troon have been working on the details of this celebrity concept for the City Council’s consideration. In addition, Richard Blais has met individually with Council Members on the concept he would like to bring to the Vue Bar and Grill.

Troon overwhelmingly supports onboarding Celebrity Chef Richard Blais. The Indian Wells Golf Resort General Manager has also been involved in the discussions to bring the celebrity chef concept to Indian Wells and fully supports this transition. The Golf Resort General Manager has experience with celebrity chefs and is excited to see this project progress.

Richard Blais is a successful chef, a James Beard nominated c ookbook author, and a television personality. Widely recognized from Bravo's Top Chef series, Richard won the inaugural Top Chef All -Stars Season. He co-hosts FOX’s Next Level Chef with Gordon Ramsay and Nyesha Arrington.

Blais graduated from the Culinary Institute of America in New York and trained at some of the world's premier restaurants, including t he French Laundry, Daniel, Chez Panisse , and el Bulli. He owns and operates Trail Blais, a forward -thinking culinary consulting group that has designed and launched popular eateries nationwide, including Ember & Rye in Carlsbad and Four Flamingos in Orlando, Florida, with the Xenia Group and Hyatt Hotels. He is also the Culinary Director for VIP Dining at the San Diego Symphony's performance space, The Rady Shell at Jacobs Park.

Blais advises numerous national brands on recipe development, creativity, imagination, and team building. As an author, Richard Blais wrote “This at Home,” “So Good,” and “Plant Forward,” available this year. In addition, Blais has various nationwide podcasts, Food Court and Starving for Attention.

The critical deal points of the Richard Blais agreement with Troon include:

1. Reimagine the restaurant into an approachable and affordable dining destination.

2. Richard Blais is developing a new restaurant design and concept, including all furniture and fixtures, kitchen layout, and other necessary equipment.

3. In consultation with Troon, create and develop menus for the new restaurant and other food and beverage operations (e.g., banquets, food truck).

4. Provide food sourcing recommendations.

5. Develop a comprehensive staffing plan, including the recommended selection of key staff members (e.g., restaurant manager, executive chef, and other senior staff members).

6. Provide extensive onsite training by Richard Blais and the sous chef before and after the restaurant's opening.

7. Develop necessary manuals detailing standards for operating a Richard Blais restaurant.

8. Attend not less than 12 mutually agreed appearan ces for special events, staff training, and restaurant promotion after the grand opening. In addition, based on availability, Richard Blais will make reasonable efforts to make additional appearances that may be subject to further compensation.

9. Grants l icensing and promotion of the restaurant to Troon for promotional purposes.

10. Richard Blais merchandise is made available for sale at the IWGR.

11. The Third-Party Agreement has a non -compete covenant, which prevents Blais , directly or indirectly during the Term of this Agreement and for two (2) years after the expiration or termination of this Agreement, from engaging in any restaurant consulting or similar agreements with hotels restaurants or other facilities located within the Coachella Valley, California.

The Blais Concept for the Vue Bar and Grill

Celebrity Chef Richard Blais met personally with individual Council Members and presented initial concepts and options. During the meetings with Council Members, Blais points out that these initial concepts and options are more like ideal placeholders, and Blais needs to go through a “visioning” process to develop a final concept.

Initially, the re-imagined concept could be as follows:

1. Inspiration - "A place where the young and young at heart gather. Where Sinatra and Friends meet Taylor Swift and Harry Styles for some Champagne on tap under a tree, you're sure you've only seen in a Dr Seuss book."

2. Food Concept - select the freshest, local , and seasonal ingredients and craft them into delicious, chef -inspired favorites to inspire everyday dining. A signature modern take on American classics, Chef Blais' culinary program features local vegetables, meats, and California coastal seafood.

3. Beverage Concept - a curated beverage program that appeals to all guests while staying rooted in the art of a well-crafted cocktail that invigorates the bar and social scene around it. The beverage menu focuses heavily on California wines, mezcal, and tequila of Alto California, and the beverage program is anchored by California sparkling wine/ champagne "on tap."

4. Inspiration for décor:

a. Reflecting Indian Wells' vibrant past and present, the new space will blend materials found in nature and is influenced by the flora and fauna of the region.
b. A beautiful, balanced palette carries the story through using stone, wood, and natural textiles.
c. A welcoming, warm California modern space that evokes the energy of nature.
d. Seating is interesting yet relaxed and encourages social connection. e. Varied seating allows for both communal and intimate guest experiences.

5. First Class – Richard Blais is onsite to conduct pre -launch activities. His corporate sous chef supports that effort and is available for go-forward training.

Economics and Accountability

This section deals with Troon’s accountability for the financial performance of the Blais Concept. Placing aside the current economics of the Vue Bar & Grill for a moment,

consider that “the Clarity of Concept” m ay be the single most significant economic contributor to the future success of the Vue Bar & Grill. Today, many will argue that the Vue does not have an identifiable brand, that " we do not know what the Vue is .” Re- imagining Vue Bar & Grill into an ident ifiable brand will go a long way to improve its economics. We will know what it is and why it exists.

Financial accountability for the Celebrity Chef concept lies squarely with Troon. All financial performance metrics are required to meet or exceed the City Council's new benchmarks and financial performance measures. Once the b enchmarks and financial performance measures are met, Troon will craft the F&B budget , which will be included in the Annual Plan.

The Council must approve the Annual Plan before any revenue is collected or expenses paid. The Annual Plan will be placed on a City Agenda, subject to public inspection, and brought before the Council for consideration and adoption. Once adopted, the Council will receive comparative financial information of monthly actual performance and budgeted KPIs.

Troon is held accountable and is subject to the financial performance requirements implemented in the Troon Management Agreement. Poor economic performance will lead to reduced management fees for Troon and possible termination for poor financial performance under Article VI of the Troon Management Agreement.

Capital Funding to Re-imagine the VUE Bar & Grill

Troon and Richard Blais estimate a cost between $1.7 and $2.5 million to renovate the Vue Bar and Grill. The City Council should consider two funding sources to fund Vue Bar and Grill renovation costs before considering a supplemental appropriation.

First, included in the new Management Agreement, Troon is required to provide $1.25 million on key money that can be used for this purpose. Second, Troon has nearly $1.0 million in Vue Bar and Grill FF&E capital repairs and replacements through the fiscal year 2027-28 already planned for in the Golf Resort Capital replacement plan. Since the capital repairs and replacements represent existing FF&E, these funds could be re -directed into re-imaging the Vue Bar and Grill.

Should the Council consider funding Vue Bar and Grill's construction improvements, Staff recommends limiting renovation costs to $2.25 million and not considering a supplemental appropriation . Limiting renovation costs would prevent the need for additional funding.

If approved, Staff and Troon estimate construction would begin in early summer 2024, with a grand opening in Fall 2024.

OPTIONS:

The Staff has bifurcated the Council's options for consideration. The first option is the proposed Restaurant Lease and True Up Agreements with Troon, and the second consideration is the re-imagination of the Vue Bar & Grill into a Richard Blais restaurant concept.

The Council can consider the following options o n the proposed Restaurant Lease Agreement with Troon.

1. Approve the proposed Restaurant Lease and True Up Agreements with Troon Golf as presented.

2. Amend or modify the proposed Restaurant Lease and True Up Agreements as presented.

3. Deny the proposed Restaurant Lease & True Up Agreement as presented.

4. Provide alternative direction to Staff.

In addition, the Council can consider the following options on the Troon recommended re-imagination of the Vue Bar & Grill into a Richard Blais restaurant.

1. Approve the new restaurant concept as presented.

2. Amend or modify the new restaurant concept as presented.

3. Deny the new restaurant concept as presented.

4. Provide Troon with an alternative direction on the proposed concept.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

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

ATTACHMENTS:

1. Troon Restaurant Lease and True Up Agreements

2. PowerPoint on the proposed restaurant

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AMENDED & RESTATED RESTAURANT LEASE AGREEMENT
THIS AMENDED & RESTATED RESTAURANT LEASE AGREEMENT (the Agreement Effective Date , by and between
City
TROON RESTAURANT HOLDINGS, LLC, Delaware limited liability company (hereinafter referred to Troon
RECITALS:

A. City is the owner of the Golf Resort at Indian Wells, located at 44-500 Indian Wells Lane, City of Indian Wells, Riverside County, California, consisting of two (2) eighteen (18) hole championship length golf courses, a driving range, clubhouse complex, golf shop and maintenance facility (collectively, Golf Resort
B. Troon Golf
entered into a Golf Course Management Agreement Management Agreement of even date C. City and Troon are parties to that Restaurant Lease Agreement dated June 1, 2009 (the Original Agreement at the Golf Resort.

D. City and Troon Golf desire to amend and restate the Original Agreement to provide for Troon to operate and manage the food and beverage services at the Golf Resort, including the sale of alcoholic beverages for onsite consumption at th F/B Operations of the F/B Premises (defined below) of the Golf Resort to Troon upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, City and Troon hereby agree as follows:

ARTICLE 1 AMENDED AND RESTATED AGREEMENT; TERM

1.1 Replace and Supersede. This Agreement replaces and supersedes the Original Agreement and all prior agreements as to its subject matter as of the Effective Date. From and after the Effective Date, of this Agreement. Prior
provisions of the Original Agreement. For the avoidance of doubt, termination of the Original Agreement shall not result in any termination fees.

1.2 Term. The term of this Agreement shall begin on the Effective Date and shall run on a co-terminus basis with the Management Agreement, unless sooner terminated according to the provisions Term
ARTICLE 2 DEFINITIONS
"Affiliate" shall mean, with respect to any entity, (a) officers, directors, members, managers or employees of, or general partner in such entity, and (b) any individual, corporation, limited liability ATTACHMENT #1

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company, partner, partnership, trust or other entity which owns or controls, or is owned or controlled by, or is under common ownership or control with such entity. of 50% or more of the legal or beneficial ownership
interest of such corporation or other entity.
shall mean the person holding the position of City Manager of the City of Indian Wells.
"Easement Agreement" shall mean that certain Easement Agreement by and between the Redevelopment Agency of the City of Indian Wells and certain property owners, recorded as document number 11722, in the office of the County Recorder of the County of Riverside, California. The Easement Agreement is incorporated herein by reference as though fully set forth herein. "Equipment and Supplies" shall mean all equipment and supplies used or useful in the F/B Operations, including, without limitation, the equipment described in Section 3.1 below. "Executive Employees" shall mean the Chef, Director of Food & Beverage, and Banquet Manager. "First Class" shall have the meaning set forth in the Management Agreement. "Golf Resort" shall have the meaning ascribed to that term in Recital A, above. "F/B Premises" shall have the meaning ascribed to that term in Section 3.1 below. "Operational Standards" shall mean the standards developed by Troon Golf in connection with its food and beverage management business, a copy of which have been provided to City. City has approved such Operational Standards and any modification or amendment of such standards shall be subject to City approval, which approval shall not be unreasonably withheld provided that a comparable level of quality is maintained.
"Operational Year" shall mean July 1 to June 30 of each year during the Term of this Agreement.

ARTICLE 3 LEASE OF F/B OPERATIONS

3.1 Lease of the Golf Resort Food and Beverage Premises and Operations. City hereby leases to Troon and Troon leases from City that portion of the Golf Resort necessary to conduct the F/B Operations (the "F/B Premises"). The F/B Premises shall include the restaurant, bar, kitchen, food truck, equipment, and related facilities and any areas contiguous thereto where food and beverage is to be served at the Golf Resort. Troon shall also have the right to enter upon and traverse the Golf Resort to dispense food and beverage from the food and beverage service golf cart, food truck or other equipment, provided that at all times Troon shall comply with all laws, ordinances, rules, regulations, orders, requirements and demands of all duly constituted authorities, including, without limitation, any applicable prohibition on the sale or dispensing of liquor within regulated distances of a church or a primary or secondary school building or yard. "Equipment" shall mean the service golf cart, food truck, and all other equipment used or useful in the operation of the restaurant, bar, kitchen, food truck, and service cart, including without limitation refrigerators, freezers, cooking utensils, dishwashers, cutlery, dishes, silverware, cutting boards, linens, tables, chairs, stoves, microwave ovens, heat lamps, bar utensils and glassware.

3.2 Possession and Use of the F/B Premises
and its obligations hereunder shall commence on July 1, 2024. City shall in no way be responsible for the

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(subject
to Third Party Contract(s)) the F/B Premises hereunder.

3.3 Third Party Contracts Authorization . City hereby grants Troon the authority to enter into contracts and agreements (each a Third Party Contract management and improvement of the F/B Premises. Troon m - party contractors or consultants to provide services, products, or expertise related to the F/B Premises, including but not limited to consultation on menu development, interior design, marketing, advertising and equipment. Troon agrees to exercise reasonable care and diligence in selecting and managing these third parties and shall ensure that Third Party Contracts comply with applicable laws, regulations and industry standards. Troon shall provide the City with copies of all executed Third-Party Contracts within ten (10) days following execution thereof.

In the event that Troon enters into any Third Party Contract, Owner shall indemnify and hold Troon harmless from any obligations and liabilities related to the payment of said Third Party Contract(s) and upon the termination or expiration of this Agreement for any reason, any such leases or contracts shall s
pursuant to said Third Party Contract(s).

3.4 Relationship Between City and Troon . As an independent contractor, Troon makes its own hiring, purchasing, and other operational decisions as it implements the Golf Resort Annual Plan.

Troon is only subject to the control or direction of the City as to the results to be accomplished, as set forth in this Agreement and in the Annual Plan, not as to the means or methods for accomplishing the result; the City does not have any right to control of any part of the work. By way of example, neither the City Manager, nor any City Council Member, nor the City Council acting as a body may dictate to Troon who Troon will employ, how and from whom Troon will contract for goods or services, what items should be ser
implementation of the Annual Plan. On behalf of the City, the Council approves the Annual Plan and holds Troon accountable for accomplishing those results.

ARTICLE 4

TROON SERVICES

4.1 Standards of Performance. Troon acknowledges that the quality and reliability of the F/B Operations is important to the Golf Resort, and covenants with City to operate and manage the food and beverage operations of the Golf Resort with a goal of profitability and in accordance with the Operational Standards and the terms and conditions applicable to the F/B Operations in the Management Agreement.

4.2 Revenues; Expenses. Troon will collect for its account all revenues from the sale of food and beverages on the F/B Premises. All costs and expenses relating to the F/B Operations, including fees, costs, royalties payable pursuant to Third Party Contract(s), and shall maintain an appropriate number of food and beverage service employees and an appropriate level of inventory which shall be considered Operating Costs (as defined in the Management Agreement). City shall have no interest or claim to income from the sale of food and beverages on the F/B Premises or from F/B Operations. City shall also subsidize Troon for discounts offered to residents.

4.3 Repairs and Maintenance. All costs associated with the repair and maintenance to the Equipment, the Golf Resort and the F/B Premises, including, but not limited to the heating, air conditioning,

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plumbing and electrical units shall be considered Operating Costs (as defined in the Management Agreement). City shall be obligated to make any capital improvements, at its sole cost and expense, with respect to the Equipment, the Golf Resort and the F/B Premises as agreed pursuant to the Management Agreement.

4.4 Employees. Troon shall (i) determine manpower requirements, recruitment schedules, and compensation levels, (ii) furnish Troon descriptions, performance appraisal procedures, employee benefit programs, and operational and procedural manuals for all personnel and (iii) establish forms and procedures for employee compensation and incentive programs. Troon shall hire, promote, discharge, and supervise all operating personnel, department heads, and ancillary and supportive employees performing services in any manner related to the F/B Operations. All such employees shall be employees of Troon Golf according to the terms of the Management Agreement. Upon being hired, such employees shall be subject to such health regulations and examinations as any applicable governmental authority may require in connection with their employment. Troon shall further comply with the requirements of Article V of the Management Agreement with respect to all employees of Troon Golf who are working in F/B Operations.

4.5 Reserved.

4.6 Licenses, Permits, and Accreditations. Troon (or its affiliate) shall apply for and use its best reasonable efforts to obtain and maintain, in Troon's (or its affiliate's) name, all licenses, permits, and accreditations required in connection with the management and operation of the F/B Operations. City will cooperate with Troon in applying for, obtaining, and maintaining such licenses, permits, and accreditations.

4.7 Reserved.

4.8 Compliance with Law. Troon shall not use or permit the use of the F/B Premises for any purpose prohibited by law and shall comply with all laws, ordinances, rules, regulations, orders, requirements and demands of all duly constituted authorities with respect to the condition, use and occupancy of the F/B Premises as such may be applicable from time to time during the term of this Agreement.

4.9 Expenditures Required for Compliance with Law. In the event, at any time during the Term of this Agreement, repairs, additions, changes, or corrections in the F/B Premises of any nature shall be required by reason of any laws, ordinances, rules, or governmental regulations now or hereafter in force, or by order of any governmental or municipal power, department, agency, authority, or officer, Troon shall consult with City with respect to such repairs pursuant to Section 3.4 of the Management Agreement and any repairs of an emergency nature shall be handled in accordance with Section 3.4(d) of the Management Agreement.

4.10 Specific Operating Procedures. Troon shall operate and manage the F/B Operations and make all operational decisions in connection therewith, subject to compliance with the following operating procedures:

4.10.1 Reserved.

4.10.2 Reserved.

4.10.3 Operations. Troon shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Troon shall obtain and maintain all permits from the County of Riverside Department of Health for all food and beverage services at the Golf Resort. Troon shall comply with all regulations of the County of Riverside Department of

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Health and all other present and future health laws and regulations as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Resort. Troon shall comply with City's municipal code as it relates to tuberculosis testing, and other health and disease testing as now or hereafter required by applicable law, for all food and beverage employees. The parties acknowledge and agree that the food and beverage services at the Golf Resort shall be consistent with the Easement Agreement. Prices of food and beverage services at the Golf Resort shall be comparable to prices charged at other First Class golf resorts in the Coachella Valley. Troon shall control all food and beverage concepts and operations including hours of operations, service locations, menus, inventories, designs, equipment, marketing etc. Troon shall also handle any and all dealings with members and guests regarding the food and beverage experience.

4.10.4 Safety and Security. The F/B Operations shall comply with all safety regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Sections I720 et. seq. and 6300 et. seq. and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Troon shall take all reasonable actions to protect the safety of all food and beverage service employees and customers. Troon shall provide appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for afterhours control, and locks for the maintenance yard and perimeter gates. The alarm system at the F/B Premises shall be tied into an offsite monitoring station. Troon shall keep for seven (7) days computer back-up tapes for all accounts payable and accounts receivable information. All records of F/B Operations at the Golf Resort shall be kept in fireproof files.

4.11 Alterations to Buildings. Except as provided for in Section 4.9 above, Troon shall not make any alterations, additions, or changes to the appearance or the structural nature of the clubhouse without the prior approval of the City Council.

4.12 Limitations. Troon shall use the F/B Premises in the manner described herein and not for any other purpose or purposes whatsoever. All trade names, trademarks, logos, emblems and similar identifying matters related to or used in connection with the Golf Resort and F/B Premises shall be the sole and exclusive property of City, and all use of such marks shall be subject to City's approval in its sole judgment.

ARTICLE 5 RENT

5.1 Rent. Troon shall pay to City as rent, during the Term hereof, monthly installments in advance on the first day of each month of the Term in accordance with the Schedule attached hereto as Exhibit A, which shall remain in effect for the first year of the Term. No later than each anniversary of the Term, Troon and City shall agree on a revised rent schedule for the next year, which schedule shall adjust monthly rent payments to take into account the difference in Troon cash flow due to the seasonal nature of business at the Golf Resort. Rent for any period during the Term hereof which is for less than one (l) month shall be a pro-rata portion of the monthly installment. Rent shall be payable without notice on demand and without any deduction, offset, or abatement, at the address stated herein, or to such other persons or at such other places as City may designate in writing.

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ARTICLE 6 RESERVED
ARTICLE 7 QUIET ENJOYMENT; NONDISTURBANCE

7.1 Quiet Enjoyment. City covenants that so long as there is not existing an Event of Default by Troon under this Agreement, Troon shall, to the extent necessary to manage the F/B Operations and all sales and service related thereto, quietly hold, occupy, possess and enjoy the F/B Premises throughout the Term of this Agreement, free from interference, hindrance, ejection, removal, prohibition, or disturbance by City or any other party claiming under, through, or by right of City.

7.2 Inspection. Notwithstanding the foregoing, City and its duly authorized agents, employees and representatives shall have the right to enter upon and inspect the F/B Premises at all reasonable times.

ARTICLE 8 EVENTS OF DEFAULT

8.1 Events of Default. The occurrence of any or more of the following events which is not cured in the time permitted shall constitute a default under this Agreement (hereinafter referred to as an Event of Default

8.1.1 Failure to Pay Sums Due. payable under
this Agreement when and as the same shall become due and payable and such failure shall continue for a period of fifteen (15) days after written notice (specifying the item not paid) thereof from the other party to the defaulting party.

8.1.2 Failure to Comply. Either party's failure to comply with any of the other covenants, agreements, terms, or conditions contained in this Agreement and such failure shall continue for a period of thirty (30) days after written notice thereof from the other party to the defaulting party specifying in detail the nature of such failure. Notwithstanding the foregoing, in the event any failure cannot with due diligence be cured within such 30 day period, if the defaulting party proceeds promptly and diligently to cure the same and thereafter diligently prosecutes the curing of such failure, the time within which the failure may be cured shall be extended for such period as may be reasonably necessary for the defaulting party to cure the failure.

8.1.3 Liquor License. If Troon (or its affiliate, as applicable) fails to maintain in good standing any and all liquor and other licenses required under California law to conduct the F/B Operations on the F/B Premises.

8.1.4 Default Under Management Agreement. The occurrence of an Event of Default under the Golf Course Management Agreement.

ARTICLE 9 TERMINATION

9.1 Events of Termination. The Term of this Agreement shall terminate on the occurrence of any of the events set forth below:

9.1.1 Both parties agree in writing to terminate this Agreement;

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9.1.2 Upon the expiration or termination of the City's right to possession of the Golf Resort;

9.1.3 Upon the expiration or termination of the Management Agreement;

9.1.4 Upon the expiration or termination of this Agreement according to its terms; or

9.1.5 Immediately upon the occurrence of an Event of Default.

9.2 Effect of Termination. Upon termination, (i) Troon shall surrender the F/B Premises, all Equipment and anything used in the F/B Operations to City, (ii) Troon shall cooperate with City in the transfer of Troon's liquor license(s) to City or its designee, and (iii) Troon shall cooperate with City to ensure the uninterrupted sale of alcoholic beverages at the F/B Premises until the transfer is completed.

9.3 Payment of Sums Owed. Upon termination, all sums owed by either party to the other shall be paid within thirty (30) days of the effective date of such termination.

ARTICLE 10 INSURANCE

10.1 Insurance. Insurance for the Golf Resort, F/B Operations and the F/B Premises shall be provided in accordance with Article IX of the Management Agreement.

ARTICLE 11 DAMAGE OR DESTRUCTION; EMINENT DOMAIN; FORCE MAJEURE EVENTS

11.1 Damage or Destruction. Should the F/B Premises be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, City, by written notice to Troon given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement on the basis that City does not choose to rebuild or restore the F/B Premises, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this Section

11.1, the F/B Premises shall be deemed to have been substantially damaged if the estimated length of time required to restore the F/B Premises substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months, as indicated by an architect's certificate or other evidence reasonably satisfactory to Troon. If this Agreement is not terminated in the event of damage to the F/B Premises either because (i) the damage does not amount to substantial damage as described above, or (ii) notwithstanding destruction of or substantial damage to the F/B Premises, City elects to restore the F/B Premises, then City shall proceed, at City's own expense, with all due diligence to commence and complete restoration of the F1B Premises to its condition and character just prior to the occurrence of such casualty. If as a result of any damage or destruction to the F/B Premises as provided in this Section 11.1, the responsibilities of Troon under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees.

11.2 Eminent Domain. If all of the F/B Premises (or such a substantial portion of the F/B Premises so to make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the F/B Premises for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the power of eminent domain, then upon the date that City shall be required to surrender possession of the F/B Premises or of that substantial portion

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of the F/B Premises , this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the F/B Premises shall not make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the F/B Premises for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and City shall proceed, at City' s own expense, with all due diligence to alter or modify the F/B Premises so as to render it a complete architectural unit which can be operated as a golf resort of substantially the same type and character as before. If as a result of any alteration or modification of the F/B Premises as provided in this Section 11.2, the responsibilities of Troon under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees.

11.3 Force Majeure Events. As used in this Agreement, the term "Force Majeure Event" means declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies, accidents, fires, explosions, floods, earthquakes, or other acts of God, strikes, labor disputes, shortages of materials, or any other event not within the control of Troon and not caused by the gross negligence or intentional wrongful conduct of Troon. For purposes of this Agreement, any disruption to the operation of the Golf Resort or the F/B Premises caused by a capital improvement project shall also constitute a Force Majeure Event. If, as a result of the occurrence of a Force Majeure Event, the responsibilities of Troon under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees.

ARTICLE 12 INDEMNIFICATION

12.1 Indemnity. Indemnification obligations of the City and Troon for the Golf Resort, F/B Operations and the F/B Premises shall be provided in accordance with Article XI of the Management Agreement.

ARTICLE 13 REPRESENTATIONS AND WARRANTIES

13.1 . As a material inducement to City to enter into this Agreement, Troon represents and warrants the following:
(a) Troon is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware; that it is duly qualified to do business and is in good standing in the State of California; that it has all necessary power and authority to enter into this Agreement and to carry out the transactions contemplated herein; and that the execution and delivery hereof and the performance by Troon of Troon's obligations hereunder will not violate or constitute a default under the terms and provisions of any agreement, law or court order to which Troon is a party or by which Troon is bound.
(b) All actions required to be taken by or on behalf of Troon to authorize it to execute, deliver and perform its obligations under this Agreement have been taken, and that this Agreement is a valid and binding obligation of Troon enforceable in accordance with its terms, except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally.

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(c) The person(s) executing this Agreement on behalf of Troon have full power and authority to bind Troon to the terms hereof.

13.2 . As a material inducement to Troon to enter into this Agreement, City represents and warrants the following:
(a) City is a California Municipal corporation, validly existing and in good standing under the laws of the State of California; that it is duly qualified to do business and is in good standing in the State of California; that it has all necessary power and authority to enter into this Agreement and to carry out the transactions contemplated herein; and that the execution and delivery hereof and the performance by City of City's obligations hereunder will not violate or constitute a default under the terms and provisions of any agreement, law or court order to which City is a party or by which City is bound.
(b) All actions required to be taken by or on behalf of City to authorize it to execute, deliver and perform its obligations under this Agreement have been taken, and that this Agreement is a valid and binding obligation of City enforceable in accordance with its terms, except as the same may be affected by bankruptcy, insolvency, moratorium or similar laws, or by legal or equitable principles relating to or limiting the rights of contracting parties generally. (c) The persons executing this Agreement on behalf of City have full power and authority to bind City to the terms hereof.

ARTICLE 14 TRANSFERS AND ASSIGNMENTS

14.1 Limitation on Troon. Troon may assign or transfer this Agreement to an Affiliate, however Troon shall not sell, convey, assign, transfer, hypothecate, pledge, or otherwise dispose of (or agree to do any of the foregoing) all or any part of its interest, if any, in this Agreement, or any contractual rights or obligations related hereto (except for Troon's right to receive payments), other than to an Affiliate, without the prior written consent of City. Provided, however, Troon may assign this Agreement to an entity that is similarly engaged in food and beverage operations and that employs the principal members of the current Troon management team.

14.2 Limitation on City. City may assign or transfer this Agreement to a governmental agency related to the City or to the Agency. City may also assign and transfer its rights under this Agreement to a purchaser or new owner of the Golf Resort that assumes the obligation of City hereunder. Otherwise, City may not assign or transfer its rights hereunder.

ARTICLE 15 MISCELLANEOUS

15.1 Waiver. The waiver by either City or Troon of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. No covenant, term or condition of this Agreement shall be deemed to have been waived by City or Troon, unless such waiver is in writing signed by the party against whom such waiver is asserted.

15.2 Entire Agreement. This Agreement sets forth all the covenants, promises, agreements, conditions and understandings between City and Troon, oral or written, relating to the subject matter of this

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Agreement. City has made no representations or promises not expressly contained herein. No subsequent alterations, amendment, change or addition to this Agreement shall be binding upon City and Troon unless reduced to a writing and signed by them.

15.3 Notices. Notices, statements and other communications to be given under the terms of this Agreement shall be delivered in a timely fashion (and in any event within any time limits established elsewhere in this Agreement) and shall be in writing and delivered by hand (including pre-paid courier) or sent by certified or registered mail, postage prepaid, return receipt requested, or by telex, telegram, facsimile or other telegraphic means and addressed as follows:

If to City:

City of Indian Wells
44-950 Eldorado Drive
Indian Wells, California 92210
Attention: City Manager
If to Troon:

Troon Restaurant Holdings, LLC
15044 North Scottsdale Road, Suite 300
Scottsdale, Arizona 85254
Attention: Legal Department
or at such other address as from time to time designated by the party receiving the notice in accordance with this Section 15.3. The date of service of such notices shall be the date such notices are delivered to the party to whom the notice is given.

15.4 City Bonds. In connection with City's issuance or refunding of any bonds or certificates of participation, Troon shall have the right to approve, which approval shall not be unreasonably withheld, any description of Troon or any description of this Agreement or of City's relationship with Troon under this Agreement, which description is contained in any prospectus or similar materials delivered in connection with such bonds or certificates of participation. City agrees to furnish to Troon copies of all such materials for such purpose not less than twenty (20) days prior to the delivery of such materials to the addresses set forth in Section 15.3 above.

15.5 Interest. Interest shall accrue on any sums owed by either party hereto to the other party starting from the first date of delinquency and continuing until the full amount, including such interest is paid. Such interest shall accrue at a rate equal to the lesser of (a) the maximum rate of interest allowed by applicable law, or (b) the rate of interest announced by Bank of America National Trust and Savings Association or its successors, as of such date of delinquency, as its "prime" or "reference" rate, plus two percent (2%).

15.6 Successors and Assigns. This Agreement is personal to City and Troon and except as otherwise provided herein, neither party shall have the right, power or authority to assign this Agreement, or any portion hereof or any monies due or to become due hereunder, or to delegate any duties or obligations arising hereunder, either voluntarily, involuntarily or by operation of law, without the prior written approval of the other party. Except as otherwise provided herein, Troon shall not have any right, power or authority to subcontract its services, or any portion thereof, without the prior written approval of City. Any approval by City of any subcontract of Troon's services or any part thereof shall not be construed to make City a

11 IWGR F/B Lease
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party to such subcontractor to expose City to any claims or liabilities arising thereunder. Without waiver of the foregoing provisions, all of the rights, benefits, duties, liabilities and obligations of the parties hereto shall inure to the benefit of and be binding upon their respective successors and assigns.

15.7 Persons Indemnified. All agreements by either Troon or City to indemnify or hold the other harmless contained in this Agreement shall inure to the benefit not only of the respective indemnitee but also to that of its and their subsidiaries and Affiliates, and shall also inure to the benefit of the directors, officers, members, managers, employees and agents of any of the foregoing.

15.8 Applicable Law. This Agreement and all provisions thereof, irrespective of the place of execution or performance, shall be construed and enforced in accordance with the laws of the State of California. Venue for any action arising out of this Agreement shall be Riverside County.

15.9 Cumulative Rights. The rights and remedies conferred upon both City and Troon in this Agreement and by law are cumulative.

15.10 Savings Clause. If any provisions of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by any party hereunder or substantial increase the burden on any party hereto, shall be held to be invalid or unenforceable to any extent, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement.

15.11 Attorneys' Fees. If any party fails to perform any of its obligations under this Agreement or if any dispute arises between the parties concerning the meaning or interpretation of any provision of this Agreement, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by any other party on account of such default and/or in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorney's fees and disbursements. Any such attorney's fees and other expenses incurred by any party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorney's fee obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment.

15.12 Further Assurances. Troon and City each agree to execute and deliver from time to time, promptly following any reasonable request therefor by the other party, any and all instruments, agreements and documents, and promptly shall take such other actions as may be necessary or appropriate in the reasonable determination of the other party, to carry out the transaction described in this Agreement.

15.13 Trade Names, Royalties and Patents. All trade names, trademarks, logos, emblems and similar identifying matters related to or used in connection with the Golf Resort, the F/B Operations, and F/B Premises shall be the sole and exclusive property of City, and all matters relating to their use shall be subject to City's approval in its sole judgment. All trade names, trademarks, logos, emblems and similar identifying matters related to Troon and Troon's Affiliates shall be the sole and exclusive property of Troon, and all matters relating to their use shall be subject to Troon's approval in its sole judgment.

15.14 Easements. Troon shall recognize all easements of record affecting the Golf Resort.

15.15 Publicity. Any commercial advertisements, press releases, articles, or other media information using City's name shall be subject to the prior approval of City which approval shall not be unreasonably withheld. Any commercial advertisements, press releases, articles, or other media information using Troon's name or marks shall be subject to the prior approval of Troon which approval shall not be unreasonably withheld.

12 IWGR F/B Lease
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15.16 Reserved.

15.17 Conflict of Interest. The parties hereto hereby covenant that during the term of this Agreement they will not employ any person to administer any portion of this Agreement that has an interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement.

15.18 No Third-Party Beneficiaries. This Agreement is not intended and shall not be deemed or construed to convey any rights, powers or privileges on any person, firm, partnership, corporation or other entity not a party hereto except as may be expressly provided herein to the contrary.

15.19 Time. Time is of the essence of this Agreement and each provision hereof of which time is an element.

15.20 Mediation, Arbitration and Dispute Resolution.
(a) Resolution by the Parties. The parties hereto desire, pursuant to the provisions of this Section 15.20, to establish procedures to facilitate the informal an inexpensive resolution of any disputes arising out of or relating to this Agreement by mutual cooperation and without resort to litigation. To accomplish this objective, City and Troon agree to follow the procedures set forth below if a dispute arises under this Agreement: the complaining party shall write a description of the alleged breach of contract or complaint and send it to the other party by certified or registered mail. This letter shall explain the nature of the complaint and refer to the relevant sections of the Agreement upon which the complaint is based. The complaining party shall also set forth a proposed solution to the problem, including a reasonably specific time frame within which the parties must act. The party receiving the letter must respond in writing within ten (10) days with an explanation, including references to the relevant parts of the Agreement and a response to the proposed solution. Within ten (10) days of receipt of this response, the parties must meet and discuss options for resolving the dispute. The complaining party must initiate the scheduling of this resolution meeting.
(b) Arbitration. If the dispute is not settled by the parties pursuant to the procedure set forth in Subsection (a) above, the parties agree to submit the dispute to JAMS or AAA for binding arbitration. The aggrieved party may initiate arbitration by sending written notice of an intention to arbitrate by registered mail or certified mail to all parties and to JAMS or AAA. The notice must contain a description of the dispute, the amount involved, and the remedy sought. Either party may seek equitable relief from the arbitration in addition to monetary damages. The parties may agree on a retired judge from the JAMS or AAA panel. If they are unable to agree, JAMS or AAA will provide a list of three (3) available judges and each party may strike one. The remaining judge will serve as the arbitrator at the settlement conference. The arbitration shall be held in accordance with the provisions of California law, except as specifically provided herein. [SIGNATURE PAGE FOLLOWS]

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In Witness Whereof, City and Troon have executed this Agreement as of the date first above written.

CITY

CITY OF INDIAN WELLS,
a California Municipal Corporation
By: _____________________________
Name: __________________________
Its: _____________________________
Approved as to form:

By: ___________________________
TROON
TROON GOLF, L.L.C.,
a Delaware limited liability company
By: _____________________________
Name: __________________________
Its: _____________________________

14 IWGR F/B Lease
7/1/24

EXHIBIT A
RENT
June
July
August
September
October
November
December
January
February
March
April
May

August 2023
Food + Beverage Vision
at Indian Wells Golf Resort
ATTACHMENT #2

02 THE OBJECTIVES
Redefine the IWGR à la carte dining experiences for all users, across all day parts
Develop a well-defined concept that brings forward the successes of IWGR dining and introduce new elements to attract and retain local residents
Craft a highly visible concept that further elevates the IWGR brand to attract destination diners, destination golfers and area tourists Define a delicious experience that is approachable, appealing, highly consistent and delivers best-in-market value
Develop a creative outlet concept that elevates the brand of IWGR through collaboration with Celebrity Chef, Richard Blais Improve financial performance of F&B operations at IWGR F + B Vision

03 THE KEY OUTCOMES
Financial Success
Redefined Experience
Approachable, Ultra-relevant Celebrity Chef Draw
Re-energized Community Pride
Destination-worthy, Local Appeal, Brand Activation
F + B Vision
Re-inspired Environment
An Inspired Interior Space that Celebrates Palm Springs Profitability + Sustainability
Elevated Operational Execution
Consistency, Standards, Training + Staff

04 For guests of many ages
and preferences, this is THE
place to see and be seen.

SILVER & GOLD

14.1 million people visited
greater Palm Springs in
2022
Nearly 98% were
domestic travelers
Spending reached $7.1
Billion
25% or 1.8B spent on
Food
Recent visitors from U.S., UK,
and Australia

TOURISTS
Multigenerational families
Focus on personal style,
latest tends and fashion
Brand loyalty and
environmentally safe
products also guide
purchasing choices
Local Residents within 10 Miles

FAMILY EXTENSIONS

A DESTINATION

FOR LOCALS AND

VISITORS ALIKE
Most affluent senior
market
Pursue the luxuries and
experiences
Spend 31% more on food
than US average
Spend 39% more on Sports
& Recreation than US
Average
Local Residents within 5 Miles
User Segmentation

05 Restaurants, Bars, & Diners surrounding Indian Wells Golf Resort according to Yelp Competitive Landscape

COMPETITIVE LANDSCAPE

06 Competitive Landscape
Restaurants, Bars, & Diners surrounding Indian Wells Golf Resort according to Yelp

COMPETITIVE LANDSCAPE

COMP SET A

COMP SET B

The Vue Grille & Bar is rebuilt and rebranded into a concept rooted in the global reputation and visibility of Chef Richard Blais, based in the history, elements and setting of the Coachella Valley that establishes IWGR as a dining destination on-par with its reputation for golf.

Selecting the freshest, local and seasonal ingredients and crafting them into delicious, chef-inspired favorites to inspire every-day dining will make IWGR a hub for dining in the Valley. A curated beverage program that appeals to all guests, while staying rooted in the art of a well-crafted cocktail, will invigorate the bar and social scene around it.

Pricing the menu with the guest in mind affords the everyday diner and the "bucket list" golfer a venue that they will find highly appealing, while delivering extraordinary value within IWGR’s competitive market.
07 THE VISION
Redefined Experience

08 "A place where the young and
young at heart gather. Where
Sinatra and Friends meet Taylor
Swift and Harry Styles for some
Champagne on tap under a tree
you’re sure you’ve only seen in a
Dr Seuss book."

THE RESTAURANT CONCEPT

A RICHARD BLAIS CALIFORNIA KITCHEN
one, a casual American bar and grill perfect for that
vintage country club lunch or quick bite; and
the other, a slightly more formal dining room where guests can experience some of the area's finest cuisine.

Introducing the Valley's soon to be "Best New Restaurant" curated by celebrity chef Richard Blais.

The restaurant features two distinct dining room vibes:

IWGR's restaurant is a must-visit for anyone looking for a unique dining experience in Indian Wells, California. With its focus on local ingredients, wood-fired cooking, and
exceptional beverage menu, it's sure to be a hit with locals and visitors alike.

10 Located in the vibrant heart of Indian Wells our chef-driven restaurant is a haven for food enthusiasts, wine lovers, and those seeking an unforgettable dining experience. From intimate date nights to celebratory gatherings with friends and family, the restaurant sets the stage for memorable moments and culinary revelations. Led by our visionary Chef Richard Blais, each dish is a symphony of flavors, textures, and presentation. Our menu is a canvas upon which the Chef's imagination comes to life, showcasing seasonal ingredients and the freshest produce sourced from local farms and purveyors.

EXPERIENCE
Chef Blais' signature modern take on American classics include liquid nitrogen margaritas, ahi tuna tostadas, surf & turf with filet mignon and lobster ravioli, hearts of palm Caesar salad, crispy dry-aged duck with scallion pancakes and local date chutney, and house-made ricotta cheesecake with palm sugared cherries prepared and “Blaised” table side. A California-centric wine program with a dynamic wine by the glass program perfectly complements the tantalizing menu, while localized craft and micro beer program ensures we never lose sight of our golfers. The spirit program is appropriate in scale but never stuffy or silly – the simple art of the proper cocktail is proudly on display. And the non-alcoholic beverage offerings are thoughtful twists on the classics and are only prepared from the freshest ingredients.

OFFERING
The restaurant's Front of House staff are professional, but not pretentious. They hit every step of service with personality and flair that surely brightens guests' days. Their intuitive approach ensures each interaction is appropriate and they proudly chat about the Club's upcoming events, favorite menu items, and special event nights. The operation follows a traditional staffing model, with hosts, servers, bussers, food runners, and bartenders. Managers are present on the floor, personalizing the upscale ambiance as opportunities arise. Dine in or take out, Residents will rest assured knowing their meal with be delivered with a "Wow".

SERVICE STYLE
Redefined Experience

11 Redefined Experience

FOOD MENU
A signature modern take on American classics, Chef Blais’ culinary program features local vegetables, meats, and California coastal seafood cooked primarily over olive, almond, and fig hard woods on the restaurant's wood-burning hearth.

BEVERAGE PROGRAM
12 The beverage menu focuses heavily on California wines, mezcal, and tequila of Alto California, and the beverage program is anchored by California sparkling wine/ champagne "on tap," sure to make it a happy hour and post-dinner drink destination.

Redefined Experience

13 TABLE TOP, UNIFORM + EXPERIENTIAL ACCENTS
A curated table set repurposes the existing tableware with creative supplements for depth and personality, accentuating the restaurant's aesthetics
Patterned glassware is hand-selected and reserved for signature beverages FOH/BOH uniforms coordinate with the design aesthetic for a polished, pressed and modern-classic look, without distracting from the food and beverage experience
Redefined Experience

14 Reflecting Indian Wells vibrant past and present, the new space will blend materials found in nature and is influenced by the flora, fauna of the region.

A beautiful, balanced palette carries the story through, with use of stone wood, and natural textiles .

A welcoming, warm, California modern space that evokes the energy of nature
Seating is interesting, yet relaxed and encourages social connection Varied seating allows for both communal and intimate guest experiences
INTERIOR CONCEPT: FLORA + FAUNA

15 INTERIOR VIBE
Re-inspired Environment

16 PALETTE
A beautiful, calming blend of materials and texture influenced by the flora, fauna & culture of the region.

Re-inspired Environment

17 FLEX-COMFORT SEATING, CEILING TREATMENT + PATIOS
A range of seating styles supports new ways for guests to engage with the restaurant; dining, high and soft seating delivers a range of energy levels and formalities Breaking up the space into scenes of seating makes the space feel active even at low levels of business Ceiling treatment and light fixtures set the mood and the ambiance Re-inspired Environment

18 PROPOSED FURNITURE PLAN
Re-inspired Environment

19 TOTAL TARGET BUDGET RANGE $1.5 - $1.7+/-

PROPOSED CONSTRUCTION SCHEDULE TO BE
DURING SUMMER 2024
CONSTRUCTION BUDGET + SCHEDULE
Re-inspired Environment

The renowned reputation of the restaurant and of Richard Blais enables us to handpick for exceptional talent and skills, Our leadership team inspires a dynamic environment that nurtures growth, celebrates creativity, and rewards dedication which fosters a strong and productive team. Culinarians thrive under the direction and structure of Chef Blais' kitchen and together, they work diligently to leave an indelible mark on the local culinary landscape.

STAFF RECRUITMENT, TRAINING + RETENTION
Troon's team of experts will maintain active oversight in all daily and strategic tasks and will continuously demonstrate our commitment to uphold and deliver on the dining philosophy, brand reputation, and financial performance objectives agreed upon by all parties. Our transparent and insightful approach to building and sustaining strong partnerships across the F+B department and Club, will continue to position Indian Wells Golf Resort as the destination of choice for dining and golf.

MANAGEMENT ENGAGEMENT
Our staff creates a welcoming atmosphere that instantly puts guests at ease; but don't let the approachability fool you – behind the scenes, our commitment to quality standards is the driving force of excellence. It's our attentive yet unobtrusive service that anticipates needs and the carefully curated menu that showcases the finest ingredients in every dish that sets the stage for every meal. From the warm hospitality starting at the door to the expertly crafted dishes that grace tables, every movement is meticulously executed within our "approachable sophistication" service model,
SERVICE + QUALITY STANDARDS
20 Elevated Operational Execution

21 Financial Success
10-YEAR PRO FORMA ASSUMPTIONS
The 2023-2024 budget is the baseline year.

Revenue streams are extended using modest year over year % increases, except for covers (which spike in Y1, and with the moderate case, also in Y2).

Costs are extended using modest year over year % increases that consider some inflationary pressures over the next 2-3 years.

Cover counts see a considerable lift in Y1, post construction, at 30% more lunch covers and 40% more dinner covers.

In the moderate model only, an additional 5% and 10% in covers are expected in Y2. Cover counts normalize after that.

YOY pricing is modest – we want the concept to be approachable and affordable.

Construction is slated for June – August 2024.

Estimated construction price including FF&E is closer to $2M.

In the moderate model, utilities are scaled back by $260K to reflect the benefit of solar.

In the moderate model, some efficiencies in F&B payroll are assumed, scaling back the COL to 40% (Blais affect attracts and retains a highly efficient work force).

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

22 10-YEAR PRO FORMA

23 Community Pride + Brand Activation

REFRESHED BRAND IDENTITY TO ELEVATE IWGR
Restaurant Name
Visual Look and Feel (logos, color palettes and typography selections)
Content and Messaging (both visual and written)
Experiential Touchpoints (signature elements, style of hospitality, and communications)
The restaurant will be repositioned to establish a reinvigorated public- facing brand, elevating the perception of and engagement with F&B, but also the overall IWGR experience.

The brand reactivation includes:

24 A LOOK INTO THE FUTURE...

F + B Vision
$10M in Revenues
"Best of Coachella Valley"
5-star Customer Reviews
Residents' favorite place to dine, drink and gather time and time again
Press says, "A must-visit restaurant for anyone looking for a unique dining experience in Indian Wells, California"

F+ B Vision

THANK YOU
*Illustrations and images in this presentation sourced from other Richard Blais concepts, stock photography sites and other inspirational resources

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Indian Wells Lane Monument Sign Replacement

RECOMMENDED ACTION:

Council DISCUSSES and PROVIDES direction regarding the design of the Indian Wells Monument Sign located at the intersection of Indian Wells Lane and Highway 111.

BACKGROUND:

On September 20, 2021, the Indian Wells Golf Resort monument sign located at the intersection of Indian Wells Land and Highway 111 sustained significant damaged in a car accident. Staff filed a claim with the California Joint Power’s Insurance Association (CJPIA) who paid the City t he estimated sign value of $90,000. This dollar amount was based on the original project sign value, but it did not cover the cost to rebuild the sign in today’s dollars. Because of the funding deficiency, Staff took the opportunity to explore the modification of the original sign and allow for flexibility to make changes and add any future changes to the Golf Resort on the new sign.

Staff received concerns regarding the delay in replacing the damaged sign. It was Staff’s intention to mitigate some of the increase in sign construction costs by combining the construction of the new sign with the repaving of the parking lot at the Indian Wells Golf Resort (IWGR), paving of Indian Wells Lane, installation of new plants along Indian Wells Lane and the fountain area, and installation of wayfinding pavement markings.

The Council approved combining these capital projects as part of the City’s Biannual 2023- 2025 Operating and Capital Improvement Project budget. These improvements are currently in the design phase and will be ready for construction at the end of the Fiscal Year 2023-24. The technique of combining projects has been a successful money saving method in Indian Wells. For example, the sidewalk installation around Indian Wells Lane and updating the Walk of Honor into one larger project saved the City thousands of dollars in construction costs by combining these projects.

Staff are providing an exhibit of the original monument sign as well as a rendering of the replacement sign including minor modifications . Staff are requesting Council review the renderings and provide direction regarding the sign’s design.

DISCUSSION:

During the design of the replacement sign, staff provided direction to make small modifications to the proposed sign to provide greater visibility of the wording on the sign and provide greater flexibility to replace wording on the sign for any future name changes to the restaurant. A copy of the proposed replacement sign is attached.

Best Signs, who is designing the replacement sign, also indicated that if the City wished to make any changes to the sign, this was time to do so. Best Signs provided additional examples of signs that could be utilized as an alternative to the replacement sign. Those examples are attached.

A couple of weeks ago, the design for the replacement sign and the examples were shared with the City Council, noting that City staff was moving fo rward with the replacement sign, unless a Council Member wished to discuss alternative signage at an upcoming City Council meeting. Mayor Griffith requested a discussion on this matter at an upcoming City Council meeting.

Staff also shared renderings of t he new signage being constructed at the new Tommy Bahama’s Miramonte Resort, which is located across the street from the Indian Wells Lane signage.

OPTIONS:

The City Council has the following options:

1. Approve replacement of sign originally designed.

2. Instruct staff to develop additional replacement sign designs for future consideration.

3. Provide alternative direction.

FISCAL IMPACT:

The approved budget provides sufficient funds to pay for the cost of design and reconstruction of the IWGR parking lot, Indian Wells Lane, landscape improvements, and the construction of the monument sign in its original design concept. Any modification to the sign will likely require Staff to provide Council with an updated funding request.

INDIAN WELLS CITY COUNCIL
October 19, 2023

To: City Council
From: City Manager Department
Prepared by: Chris Freeland, City Manager
Subject: Councilmember Dana Reed’s Request to Place a Discussion Item on a Future City Council Agenda

RECOMMENDED ACTIONS:

Council DISCUSSES and provides DIRECTION on Council Member Dana Reed’s request to place a discussion item on a future City Council agenda.

BACKGROUND:

The Indian Wells City Council has adopted a City Council Policy Manual detailing the rules of order, policies, and procedures by which the Council shall conduct business and activities. These policies and procedures were established so that expectations and practices can be clearly articulated to guide Council Members in their actions.

Section 3.01.030 of the Indian Wells City Council Policy Manual addresses procedures for a Council Member placing an item on the City Council agenda for Council discussion.

A Council Member may request an item be considered on a future agenda, verbally during a City Council meeting or by informing the City Manager.

The request shall be submitted wherever reasonably possible at least 14 calendar days in advance of a Council meeting. The item will agendized at the next regularly scheduled meeting for consideration by the Council under the Council Reports section of the agenda with the initiating Council Member’s name.

Section 2.03.060 of the Indian Wells City Council Policy Manual addresses Council’s non- participation in administration of the City:

To uphold the integrity of the Council-Manager form of government and to provide proper checks and balances, Members of the Council shall refrain from becoming directly involved in the administrative affairs of the City, which includes the Indian Wells Golf Resort, unless directed by a majority of the Council to participate in a specific policy or project.

DISCUSSION:

On September 11th Councilmember Ty Peabody submitted a memorandum requesting updates on various city projects and programs. On September 17 th City Manager Chris Freeland provided Councilmember Peabody and the entire City Council an update to Councilmember Peabody’s September 11th memorandum.

On September 30th Councilmember Peabody submitted a new memorandum following up on his original September 11 th memorandum seeking additional information on the administration of various Public Works projects. Councilmember Dana Reed expressed his concerns wi th th is memorandum, which he believes to be a violation of the non - participation rule in Section 2.03.060. Councilmember Reed has requested this alleged violation be agendized for discussion by the City Council . A copy of Councilmember Peabody’s memorandums, City Manager Freeland’s email, and Councilmember Reed’s email are attached.

ATTACHMENTS:

1. Councilmember Peabody Memo Dated September 11, 2023

2. City Manager Freeland Email Dated September 17, 2023

3. Councilmember Peabody Memo Dated September 30, 2023

4. Councilmember Reed Email Dated October 5, 2023

ATTACHMENT #1
To: Chris Freeland
From: Ty Peabody
Date: September 11, 2023 ..

RE: Update on City Issues
Chris,
Valerie and I are leaving for Hawaii on Tuesday, September 12, and will return on September

23. Between now and then, I would like you to provide myself and the other Council members with an update regarding the following issues:
• Fairway Grille- I asked you for sales numbers by day since the Fairway Grille reopened.

Please get these numbers.
• It has been over 14 months and the construction (landscaping) has not been finished at the area opposite the first tee on Celebrity- status to complete. • It will be 12 months since th_e solar project was completed and it still does not work causing the City to lose an estimated $600,000...: are we suing or have we got a date to have the solar operational?
• What is the status on completing the Fairway Park?
• Why has the City not installed a temporary sidewalk in front of Vintage on Fairway? It has been over 3 years since the project was approved.
• Signage at Indian Wells Lane - it has been over a year and the installation of a new sign has not been completed. Excuses and further delays are unacceptable. • Please provide a status report on air conditioning issues and solar issues:
o What has been discovered?
o Action plan to complete ~
o Cost to complete both projects
• Any recommendations on public safety savings?
• Any discussion on possible sales tax increase?
• Status on discussion on reimplementing Architectural Committee? • List of Ad Hoc Committees and who are on these committees - status report on issues and discussions.
• Balance left on $15M bond.
• Update on safe streets.
• Status on Parson's case.
• For October agenda, I would like a discussion concerning redesign of proposed affordable housing plan for Highway 111.

Please be prepared to respond to these issues by September 23 . • I'>

1 Chris Freeland
From: Chris Freeland
Sent: Sunday, September 17, 2023 12:00 PM
To: Department Heads
Cc: Todd Leishman (BBK Law)
Subject: Peabody Memo of 9-11-23
Attachments: Councilmember Peabody Memo of September 11, 2023.pdf Mayor and City Council,
Councilmember Peabody submitted the following memo to me prior to his departure for Hawaii.  Here are the responses.  This did not require more than 2 of hours of my time to prepare this.

Have a great weekend,
Chris

1. Fairway Grill Numbers‐Yes the Fairway Grill was re‐opened on weekends in August. Data have been received by IWGR and will be sent to Council in a separate email.

2. Construction of area around Celebrity Hole #1. When the extra storage was created for the pavilion, areas around the storage facility were not put back to their original condition.  We will work on that.I believe during the transition this was dropped from everyone’s radar.  City and IWGR staff will regroup to get completed.

3. Solar Project continues to face supply issues.  Our third party consultant says that the industry is beginning to see relief and remains optimistic.  Siteloqic, the contractor, has not been as optimistic.  Public Works met with Sitelogiq this week and is requesting a more thorough update.  I too reached out to management and told them we need solutions.  PW staff has denied change orders and payments until we resolve all issues.  As we shared with Council, it is hard to seek damages/sue if we don’t know what the told damages are.  Please let me know if you wish to discuss a possible Closed Session on the matter. Will keep you and the City Attorney in the loop as we get updates.

4. Fairway Park will have a Ground Breaking/Dedication on November 15th. Delayed due to supply issues for electrical components.

Will have a Grand Opening once we have better information on the arrival of all equipment.

5. The path along Vintage and Fairway was approved in this year's budget.  The item from three years ago was for design work and not construction of a path.  Public Works was instructed and is working on a temporary sidewalk along with Eldorado.  I will ask Public Works to provide an update in an upcoming Friday memo.

6. Signage on IW Lane‐This has been answered before. Council approved funding for this fiscal year.  Project is part of a larger pavement and signage for the IWGR and hotel partners (painted logos on asphalt). The project is in design.  New sign will include ability to add language should Council change the Vue's name.

Please note that Public Works is overwhelmed  right now.  Prior to any storm damage recovery, PW spends significant amount of time completing several capital projects (e.g., streets) over the summer to reduce the impact on residents.  Their workload was further increased with Winn's lack of attention to the two affordable housing properties and pulling PW staff to assist.  Yes there have been delays that were unforeseen and PW staff is working as quickly on the various PW projects.

ATTACHMENT #2

2 7. Solar Units at IW Villas‐WIFI working and awaiting report from Renova on needs.  Until full assessment is done, we do not know what needs to be repaired.  Will report back to Council once we know on actions and costs. AC units are currently being replaced and repaired as needed. Will ask PW for an update.

8.  Update on public safety savings‐I will ask Public Safety Com mittee to respond.

9. Update on possible sales tax measure‐I will ask Finance Committe to respond.

10. Discussion on reimplementing Architectural Committee‐I will ask Council Ad‐Hoc on Committee and Commissions to respond.  They recently finished their meetings with Planning Commission on this matter.

11. List of Ad hoc Committees‐I believe these are the various Council Ad hoc Committees working on various issues:
‐City Committees/Commissions (Griffith/Whitman)‐Still meeting with the various resident committees and will report when completed.
‐Governance (Reed/Whitman)‐has not met, but does have a meeting schedule. ‐Measure J (Sanders/Whitman)‐has met with City Attorney and will be bringing back items for discussion in October/November.
‐Golf (Griffith/Sanders)‐In active since previous Council report.

12. Balance left on $15 million bond‐Will have Kevin provide an update to all of Council.

13. Status of Parsons‐City Attorney to provide update in Closed Session on October 12.

14. Safe Streets‐Public Works has hired a consultant to assist with community engagement to begin in October/November. This work being done with grant to review safety of entire city.  Will ask PW to provide any further updates.

15. Affordable housing on Hwy 111‐As previously shared.  The design for the channel is not complete.  It is premature to redesign the project on Hwy 111 until a design is finalized.  Genton just closed on the Brixton site and is motivated to move the project forward.  It will take a minimum of a few months to complete the design.  Recommend we wait until 2024 to discuss.  If you wish to agendize it would come back at a Housing Authority meeting.  Perhaps at Strategic Planning in early 2024?

Hope this update is helpful. Those outstanding items from Ken and Kevin will be provided to Council when I return from Sacramento.

Chris

To: Chris Freeland
"13 1{}-*5 *rriJ5:1I
From Ty Peabody
Dater September 30,2023
I will only respond to certain sections of'your response to my m,enlo dated Septemher tL'2023.

My overall take away from your response is that there is a lack of sense of urgericy tp complete specific projects:

Solar Project - no further along on this issue than months ago - no actions apparently taken against Sitelogic. Not even a legal letter of a failure to perforrn.

Allowing construction area adjacent to tee on Celebrity One not put back to original condition. This certainly does not meet a "first class operation" standard. lmmediate action should be taken.

Signage lW Lane - lt doesn't take over 1/zyears to design and install a sign. Tommy Baharnas's sign is being installed now not !lryears later. I have been responsible for over 600 signs installed over my career. Never took this long!! Path Fairway and Vintage - The failure to do this project by now is inexcusable. lt was approved years ago and evgn Greg Sanders at one meeting recently said get the project completed. lt doesn't even require design work. What it does take is a sense of urgency and following Council's direction.''How could the sidewalk at Vicky's get done before Fairway? The area in front of the Vintage does not reflect well on the City. Take a look at Eldorado's area and how well maintained it is.

Finally, I still do not have the following: t
o Sales/revenue Fairway Grille (August and September)
o Balance left on band and what is City's intention with balance ATTACHMENT #3

1 Chris Freeland
From: Dana Reed
Sent: Thursday, October 5, 2023 5:23 PM
To: Donna Griffith; Chris Freeland
Cc: Todd Leishman (BBK Law)
Subject: Council Member Peabody Memo
Mayor Griffith & Chris:

Earlier today we received a copy of a memo from Council Member Peabody addressed to City Manager Chris Freeland lamenting an alleged “…lack of urgency to complete specific projects.”
I am troubled by Council Member Peabody’s habit of involving himself in administrative decisions properly made by our City Manager and his staff.

For example, he expresses displeasure that no “legal letter” has been sent to SitelogicIQ  for its failure to install specialized solar equipment which city staff has determined is simply not available to anyone at this time. Absent a Council policy determination, the decision to send or not send a letter, and when to do so, is clearly an administrative decision to be made by the City Manager after consulting the City Attorney.  If Council Member Peabody wants a letter sent, he should place the matter on a Council agenda where we can decide.

Council Member Peabody then complains that the construction area adjacent to Celebrity One has not yet been returned to its original condition.  Again, when and how to handle this situation is clearly an administrative decision, not the purview of a single Council Member.

Next, he is flummoxed because the signage on IW Lane has not been completed.  He implies that best practices concerning the awarding of public contracts give way to his decades of installing signs for the private sector.  Again, unless the City Council wishes to intervene, this is not a policy decision, it is a combination of administrative action and state law.

ATTACHMENT #4

2 He claims it is “inexcusable” that his favorite project, a pathway on Fairway Drive, has not been completed to his liking.  Again, absent a Council vote to the contrary, the timeline for completing projects is an administrative decision.  The mere fact that Council Member Peabody is personally enamored with this project is not sufficient to cause it to leapfrog over other worthwhile projects in the city.

He continues to demand financial information, in excruating detail, about sales at The Vue.  The fact that he has a familial interest in a competing restaurant makes this demand for detail even more troubling.

Section 2.03.060 of the city’s Policy Manual states as follows:

To uphold the integrity of the Council‐Manager form of governme nt and to provide proper checks and balances, Members of the Council shal l refrain from becoming directly involved in the administrative affairs of the City, which includes the  Indian  Wells  Golf  Resort,  unless  directed  by  a  majority  of  the  Council  to participate in a specific policy or project.

I acknowledge, pursuant to the policy section cited above, Council Member Peabody’s actions are proper, if he is directed to do so by a majority of the Council.

Accordingly, please consider this email the required 14 day notice requesting that this matter be placed on the agenda at the October 19, 2023 meeting of the City Council where we can discuss this issue and vote whether or not to authorize Council Member Peabody to continue to be directly involved in these administrative matters.

Sincerely,

Dana Reed

bcc: City Council

3 .

The views expressed in this email are those of the sender alone, acting and communicating individually.

They do not necessarily represent the official views of the City of Indian Wells.