CITY COUNCIL MEETING MINUTES
Thursday, October 19, 2023
1:30 p.m.
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Present: Mayor Griffith
Mayor Pro Tem Sanders
Council Member Peabody
Council Member Whitman
Council Member Reed
_____________________________________________________________________ A.CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE
AND ROLL CALL
Mayor Griffith convened the City Council Meeting on October 19, 2023, at 1:35 p.m. in the City Hall Council Chamber.
B.APPROVAL OF THE FINAL AGENDA
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Approve the Agenda as Summitted. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
C.PROCLAMATIONS AND PRESENTATIONS
C.1 Proclamation Recognizing October 2023 as “Fire Prevention and Mini Muster” Month in the City of Indian Wells
Mayor Griffith presented a proclamation recognizing October 2023 as Fire Prevention and Mini Muster. Palm Desert Historical Society Bev James thanked Gerald Ford Principal John Preston, Indian Wells Fire Station 55, the Rotary Club, and Indian Wells Council for the continued support. Gerald
City Council Meeting Minutes - October 19, 2023
2 Ford Principal John Preston thanked Indian Wells Fire Station 55, the Rotary Club, and the Council for supporting the event. Riverside County Fire Battalion Chief Pete Tierney thanked Desert Sands Unified School District and Indian Wells Council for the support.
C.2 Coachella Valley Mosquito and Vector Control Annual Report Presentation by General Manager Jeremy Wittie and City’s Representative Clive Weightman
Coachella Valley Mosquito & Vector Control District City Representative Clive Weightman thanked the Council for his appointment to serve as the City’s representative and encouraged the community to volunteer. Mosquito & Vector Control District General Manager Jeremy Wittie presented an update on organizational structure and operating services.
C.3 Introduction of New Indian Wells Golf Resort General Manager Robin Graf
City Manager Christopher Freeland introduced the new Indian Wells Golf Resort General Manager Ron Graf. General Manager Robin Graf provided an update on the Golf Resort, thanked the Council for the opportunity, and looks forward to collaborating with the Council and City staff.
C.4 Indian Wells Capital Improvement Project Update by Public Works Director Ken Seumalo
Public Works Director Ken Seumalo gave an update on Capital Improvement Projects in Indian Wells. There was a brief update and discussion relating to the progress of the solar project with Siteloqic.
D. PUBLIC COMMENTS
Hyatt Regency General Manager Dan Johnson, on behalf of Hyatt, spoke in support of Richard Blais restaurant concept at the Indian Wells Golf Resort. Ms.
Marynell Stone, resident, expressed concerns relating to the American flagpole condition located at the Indian Wells Villas. Ms. Joyce Branstetter, resident, expressed concerns relating to public safety issues at the Indian Wells Villas. Mr.
Brad Anderson, resident, expressed concerns relating to Coachella Valley Mosquito & Vector Control services. Ms. Sue Shigenaga, spoke in support of the proposed Chuckwalla National Monument. Ms. Linda Bank, resident, and City representative to the Joslyn Senior Center, gave an update on the Joslyn Senior Center board meetings and services.
City Council Meeting Minutes - October 19, 2023
3 E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland gave an update relating to the grand opening of Sprouts Farmers Market, Emergency preparedness backpacks, and reclassification of City staff. Mr. Freeland reported Shots in the Night reopens on October 19, 2023, and the groundbreaking for Fairway Park has a tentative date on November 15, 2023.
F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported the Council met in closed session at 12:30 p.m. to discuss the two items listed on the posted agenda. Mr. Leishman reported Item D.1 conference with legal counsel about potential initiation of litigation, there was a 5-0 vote in favor of not going ahead with litigation. Mr. Leishman reported Item D.2 real property negotiations with BBC Esmeralda, there was a 3-2 vote in favor in directing staff to move forward with negotiations in the potential sale of easement over whole 18, Council Member Whitman and Peabody voting against.
Mr. Leishman gave remarks relating to Gaza.
G. CONSENT CALENDAR
G.1 Resolution Accepting State Mandate Annual Fire Inspections in Compliance with SB 1205
It was determined to ADOPT Resolution No. 2023-36 to read as follows:
RESOLUTION NO. 2023-36
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.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Adopt Resolution. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
City Council Meeting Minutes - October 19, 2023
4 G.2 Update to Fiscal Year 2023-24 Employee’s Salary Range Schedule It was determined to APPROVE the update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and
DIRECT staff to post the employee salary range schedule on the City’s website.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.3 Sponsorship Request Benefiting the YMCA of the Desert It was determined to APPROVE 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
AUTHORIZE the attendance of Council Members at the event.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.4 Resolution Authorizing the California Joint Powers Insurance Authority to provide notices to Claimants pursuant to Government Code Section 910
It was determined to AUTHORIZE the California Joint Powers Insurance Authority to provide notices to Claimants pursuant to Government Code Section 910; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060; and
City Council Meeting Minutes - October 19, 2023
5 ADOPT Resolution No. 2023-37 to read as follows:
RESOLUTION NO. 2023-37
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.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.5 City Treasurer’s Report for August 2023
It was determined to RECEIVE and FILE the City Treasurer’s Report for August 2023.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Receive and File Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
G.6 Request for Supplemental Appropriation for Whitewater River Channel Cleanup Caused by Tropical Storm Hillary
It was determine to AWARD 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
AUTHORIZE and DIRECT the City Manager to execute an agreement for the same; and
City Council Meeting Minutes - October 19, 2023
6 APPROVE 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
AUTHORIZE the City Manager, or designee, to transfer funds from general fund to the Public Works City Parkways Operations account.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
H. PUBLIC HEARINGS
No public hearing items.
I. GENERAL BUSINESS
I.1 Sponsorship of Dr. George Charity Car Show
City Manager Christopher Freeland gave a background on the Dr. George Car show event and the City’s support over the years.
It was determined to AUTHORIZE the City Manager to execute a three- year sponsorship agreement with the Palm Springs Cruising’ Association to serve as Presenting Sponsor of the Dr. George’s Charity Car Show from 2024-2027; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.
A motion was made by Council Member Reed, seconded by Mayor Pro Tem Sanders to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
City Council Meeting Minutes - October 19, 2023
7 I.2 Golf Resort Restaurant Lease & True Up Agreement & Option to Re- Imagine VueBar & Grill
Finance Director Kevin McCarthy gave an update relating to the Golf Resort Restaurant Lease. Troon Senior Vice President, Operations Bill O’Brien, welcomed new Golf Resort General Manager Robin Graf and gave an overview of the goals of the Vue restaurant and concept.
Mayor Pro Tem Sanders suggested changing Section 5.1 to include food and beverage served throughout the Golf Resort. There was clarification relating to the incomplete Exhibit “A” of the agreement relating to rent and clarification of the oversight of the restaurant operations. Council Member Peabody suggested removing “gift shop” from page 3 Section 3.4. There was clarification relating merchandise sales in Section 3.4. Council Member Peabody questioned the issuance and authority of bonds. City Attorney Todd Leishman clarified Section 3.3 relating to the City right to undertake the agreement should Troon step away from the agreement with Richard Blais.
City Manager Christopher Freeland clarified Section 3.4 requires Troon to supply a yearly action plan and removed the City from the restaurant operations.
Council Member Peabody made a substitute motion to resubmit the agreement with changes at the November 2 Council meeting for Council consideration. The motion failed due to lack of second.
It was determined to AUTHORIZE the City Manager to execute a Golf Course Restaurant Lease and True Up Agreement with Troon Golf subject to allowing the City Manager to make non-substantive administrative edits.
A motion was made by Mayor Pro Tem Sanders, seconded by Council Member Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Reed, Sanders, Whitman
NOES: 1 - Peabody
Council Member Whitman expressed concerns over the lack of talent and discipline throughout the years and looks forward to restoring the
City Council Meeting Minutes - October 19, 2023
8 restaurant. Council Member Peabody expressed concerns relating to current issues at the Indian Wells Golf Resort, suggested the matters be resolved before approving a new restaurant concept, and questioned the financial assumptions and forecasts.
There was clarification relating to the review and development of the agreement by the Council and City staff.
Mayor Griffith thanked the Indian Wells Golf Advisory for taking the time to review new restaurant concept and clarified the concept was brought before to the Council by Troon Management during the annual Golf Strategic Planning session held in March.
Mayor Pro Tem Sanders spoke in support of the new change as the City has not been able to make reasonable changes to make the restaurant successful. There was an estimated completion date of Fall 2024 for the opening of the new restaurant concept. Council Member Reed requested Troon provide updates if there are any issues with the project.
It was determined to APPROVE Troon’s proposal to re-imagine the VUE Bar & Grill into a Richard Blais restaurant; and
FIND the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) following Section 15060.
A motion was made by Council Member Reed, seconded by Council Member Whitman to Approve Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Reed, Sanders, Whitman
NOES: 1 - Peabody
I.3 Indian Wells Lane Monument Sign Replacement
Public Works Director presented a background and update on the Indian Wells Monument Sign Replacement. Council Member Reed cautioned on using gas element on the sign monument. Mayor Pro Tem Sanders suggested staff work with Troon Management to incorporate a new
City Council Meeting Minutes - October 19, 2023
9 restaurant concept. There was discussion on adding a temporary sign and continuing with full replacement during off season months.
It was the CONSENSUS of the City Council to move forward with a temporary replacement sign and delay the permanent replacement.
J. COUNCIL MEMBERS' REPORTS
J.1 Council Member Dana Reed’s Request to Place a Discussion Item on a Future City Council Agenda
A motion was made by Council Member Reed, seconded by Council Member Whitman to delegate the review of the non-participation administrative process to the Governance Committee.
Council Member Peabody expressed concerns relating to not being able to discuss and respond to Item J.I - Request to Place a Discussion Item on a Future Council Agenda as presented. City Attorney Todd Leishman clarified two discussion settings in question relating to delegating the matter to the Council Ad Hoc Governance Committee or discussing the matter at a future agenda. Mr. Leishman recommended that the matter be discussed at a future meeting.
It was determined to APPROVE adding Item J.1- Council Member Dana Reed Request to Place a Discussion Item on the November 2, 2023, Council meeting agenda for discussion.
Council Member Peabody made a substitute motion, Seconded by Council Member Reed to Approve Recommendation. The motion carried by the following vote:
AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman
NOES: 0 -
Council Member Peabody left the Council Chamber at 4:13 p.m.
There was discussion relating to City Manager role with Council Members and the purpose of the Council Ad Hoc Governance Committee.
It was determined to DELEGATE the review of the Council Policy relating to the non-participation administrative process between Council Members
City Council Meeting Minutes - October 19, 2023
10 and City Manager to the Council Ad Hoc Governance Committee and bring back to the Council at a future meeting after the first of the year.
A motion was by Council Member Reed, seconded by Mayor Pro Tem Sanders to Approve Recommendation. The motion carried by the following vote:
AYES: 4 - Griffith, Reed, Sanders, Whitman
NOES: 0 -
ABSENT: 1 - Peabody
K. COUNCIL MEMBERS' COMMENTS
K.1 COUNCIL MEMBER REED
Council Member Reed reported attending League of California Cities Annual Conference in Sacramento. He reported Riverside County Transportation Commission Mobility 21 meets annually for informational and educational items. Mr. Reed reported LOSSAN Corridor Regional is working to decide an outcome for the Los Angeles and San Diego corridor.
K.2 COUNCIL MEMBER WHITMAN
Council Member Whitman reported Coachella Valley Mountains Conservancy approved the support of Chuckwalla National Monument placement and authorized grant funding to preserve land. He reported on the Public Safety Committee discussion relating to ISO fire ratings, noise enforcement, purchase of added license plate reader, and tracking devices for pool equipment. He reported Visit Greater Palm Springs discussed new Palm Springs International Airport Master Plan. He further reported attending the League of California Cities Annual Conference in Sacramento and a BB&K Law Firm hosted lunch.
K.3 COUNCIL MEMBER PEABODY
No report.
K.4 MAYOR PRO TEM SANDERS
Mayor Pro Tem Sanders reported on the Public Safety Committee discussion on ISO fire ratings relating and the insurance risk factors.
K.5 MAYOR GRIFFITH
City Council Meeting Minutes - October 19, 2023
11 Mayor Griffith reported CVAG Executive discussed the damage from Storm Hilary. She reported CVAG Conservation Commission developed on discussions on the effects and benefits of the Storm Hilary, and the Commission continues to buy land in the Morongo Canyon. She reported on the CVAG Energy & Sustainability Committee, provided a fact sheet about local government funding, and decided not to move forward with an ordinance relating to mylar balloons. She reported CVAG Homelessness Committee discussed the navigation center in Palm Springs and the effects of mental illness as it relates to homelessness. She reported Community Activities Committee is hosting Welcome Back Party on October 25, 2023, at the Indian Wells Golf Resort and Veteran's Day is scheduled on November 11, 2023, at 10:00 a.m. She reported attending the League of California Cities Annual Conference in Sacramento. She reported the Council Ad Hoc Committee met with appointed resident to review Committee functions. She further reported Grants in Aid Committee reviewed grant applications and completed funding recommendations. She requested a review of the Grants in Aid funding policy and delegate to the Finance Committee for guidance.
L.ADJOURNMENT
At 4:35 p.m., Mayor Griffith ADJOURNED the City Council meeting to a regularly scheduled meeting of the City Council to be held on November 2, 2023, in the City Hall Council Chamber.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk