SPECIAL CITY COUNCIL MEETING MINUTES
Thursday, September 5, 2024
12:00 PM
City Hall, Executive Conference Room
44950 Eldorado Drive, Indian Wells, CA 92210
Present: Mayor Sanders
Mayor Pro Tem Whitman
Council Member Peabody
Council Member Reed
Council Member Griffith
_____________________________________________________________________ A. CONVENE THE INDIAN WELLS CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Sanders convened the Special Council Meeting at 12:00 p.m. on September 5, 2024, in the City Hall Executive Conference Room.
B. APPROVAL OF THE FINAL AGENDA
It was the CONSENSUS of the City Council to Approve the Agenda as Submitted.
C. PUBLIC COMMENTS
No public comments.
D. CLOSED SESSION
Mayor Sanders recessed the City Council to a Closed Session to discuss the following items listed on the posted agenda.
D.1 Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): Matthew Parson, et al vs., City of Indian Wells et al., Riverside County Superior Court, Case No. RIC 1811999 City of Indian Wells v. Parsons, Riverside County Superior Court, Case No. PSC 2002870/App. Ct. No. APP1900132.
Special Closed-Session Minutes- September 5, 2024
2 City Attorney Todd Leishman reported that the Council heard from two independent law firms who evaluated the City position relating to the ongoing litigation. Mr. Leishman reported that both law firms are consensus that the City is on the right track. Mr. Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
D.2 Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1) City of Indian Wells, et al vs., Lissoy et al., Riverside County Superior Court (CVPS2204658).
City Attorney Todd Leishman reported that the Council heard from two independent law firms who evaluated the City position relating to the ongoing litigation. Mr. Leishman reported that both law firms are consensus that the City is on the right track. Mr. Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
D.3 Conference with Legal Counsel Regarding Anticipated-Litigation-Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). One (1) or More Cases. Potential Case.
City Attorney Todd Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
D.4 Conference with Legal Counsel Regarding Anticipated Litigation Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2) (One or More Potential cases).
City Attorney Todd Leishman reported the City Council in a 4-0-1 vote in favor to proceed in a civil action to abate a landscape ordinance violation at the corner of Osage and Cielito. Mr. Leishman reported that Mayor Pro Tem Whitman recused himself from the matter due to the proximity of his primary residence to the subject residence.
D.5 Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): Peabody v. Avila, Riverside County Superior Court, Case No. CVPS2404328.
At 12:43 p.m., Council Member Peabody left the Executive Conference Room.
City Attorney Todd Leishman stated a report was provided by Strumwasser & Woocher which successfully defended the City in the Superior Court. Mr.
Leishman stated no reportable action was taken which, under the Brown Act, would be required to be publicly reported.
Special Closed-Session Minutes- September 5, 2024
3 E. ADJOURNMENT
At 1:11 p.m. Mayor Sanders ADJOURNED the Special Council meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on September 5, 2024, in the City Hall Council Chamber.
Respectfully Submitted,
_________________________
Angelica Avila, MMC
City Clerk