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Minutes, second session

Indian Wells City Council
October 24, 2024

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Minutes, second session
Meeting
October 24, 2024
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Indian Wells City Council
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CITY COUNCIL MEETING MINUTES

Thursday, October 24, 2024
1:30 p.m.

City Hall Council Chamber
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 City Council Meeting at 1:30 p.m. on October 24, 2024, in the City Hall Council Chamber.

B. APPROVAL OF THE FINAL AGENDA
Council Member Peabody requested that General Business Item I.3 be moved to the beginning of the discussion items. Mayor Sanders announced that Presentation Item C.4 -Grand Hyatt Indian Wells Resort Update had been pulled from the agenda.

It was the CONSENSUS of the City Council to Approve the Agenda as Amended.

C. PROCLAMATIONS AND PRESENTATIONS
C.1 Proclamation Recognizing the Month of October 2024 as “Fire Prevention and Mini Muster” Month in the City of Indian Wells Historical Society of Palm Desert Representative Jo Ellen Hughes, highlighted the importance of the Mini Muster program in educating children

Council Minutes- October 24, 2024
2 about fire safety and thanked the City Council for their continued participation and support.

The Riverside County Division Chief also expressed appreciation to the City for partnering with Gerald Ford Elementary School and the Historical Society of Palm Desert to support the Mini Muster program. Mayor Sanders presented the proclamation.

C.2 Riverside County Fire Update by Battalion Chief Matthew Kotz Riverside County Fire Battalion Chief Kotz delivered a quarterly report detailing statistics of calls received and significant Fire Department events in Indian Wells from July 1, 2024, to September 30, 2024.

C.3 Riverside County Sheriff Update by Indian Wells Lieutenant David Wright
Indian Wells Special Enforcement Sergeant Chris Gelinas delivered a quarterly report detailing the statistics between July 1, 2024, and September 30, 2024, and notable operations and cases.

C.4 Grand Hyatt Indian Wells Resort Update by General Manager Dan Johnson
The presentation was pulled from the agenda.

C.5 2025 Dr. George Charity Car Show Presentation by Vice President of Palm Springs Cruisin' Association Craig Korthase
Vice President of Palm Springs Cruisin Association Craig Korthase reported that over $100,000 has been raised for the Desert Cancer Foundation through the annual car show held in Indian Wells. Mr. Korthase expressed gratitude to the City Council, City Manager, and City staff for their continued support and sponsorship of the event and introduced Co-Chair Ross McMullan and John Hill.

C.6 Indian Wells Capital Improvement Project Update by Assistant Public Works Manager Dina Purvis
Assistant Public Works Director Dina Purvis provided an update on completed Capital Improvements projects. Ms. Purvis reported Warner Trail Improvements are complete and Gerald Ford Principal John Preston reported no back up traffic since project completion. Mr. Purvis further gave an update on the following projects: Indian Wells Lane/Resort Campus paving project, Eldorado Tree Replacement, and West Drop Structure. Ms.

Purvis gave an update on the advanced Capital Improvement Projects that

Council Minutes- October 24, 2024
3 were advanced during the Strategic Planning Session, reported Safer Streets project will have community meetings for resident input, and provided an update on the solar project.

D. PUBLIC COMMENTS
No public Comments.

E. CITY MANAGER'S REPORTS
City Manager Christopher Freeland introduced Jennifer Aguilar as the new Management Assistant in the City Manager’s Department.

Mr. Freeland congratulated the Indian Wells Golf Resort for successfully hosting the Epson Tour Golf Tournament. Mr. Freeland announced that the new Kestrel restaurant at the Golf Resort is now open and encouraged community members to share feedback on their dining experience.

Additionally, Mr. Freeland reported a new partnership with the 29 Palms Marine Base to collect toys for families stationed at the base F. CITY ATTORNEY REPORTS AND COMMENTS
City Attorney Todd Leishman reported that no reportable action was taken during the Closed Session that would require public disclosure under the Brown Act. Mr.

Leishman noted that the City Council held a discussion regarding enforcement of the landscape provisions of the Municipal Code at a property located on Osage.

Mr. Leishman further stated that the City is proceeding with enforcement efforts to ensure compliance.

G. CONSENT CALENDAR
G.1 Extension of Exclusive Negotiation Agreements with Abode Communities and Summit Development for Affordable Housing Development in Indian Wells
It was determined to AUTHORIZE and DIRECT the City Attorney to prepare and the City Manager to execute a 120 -day extension to the exclusive- negotiation agreements with Adobe Communities and Summit Developers (Genton Developers) regarding potential development of an affordable housing project in the City of Indian Wells; and

FIND the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines because it has no potential to result in physical change in the environment, directly

Council Minutes- October 24, 2024
4 or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
G.2 Update on the City Council Strategic Planning Goals of 2024 It was determined to RECEIVE and FILE the update on the City Council Strategic Planning Goals of 2024; and

FIND the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman to Receive and File the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman

NOES: 0 -
G.3 Resolution Amending the Conflict-of-Interest Code of the City of Indian Wells Pursuant to the Political Reform Act of 1974 It was determined to ADOPT Resolution No. 2024-39 to read as follows:

RESOLUTION NO. 2024-39

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT

OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974; and
FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

Council Minutes- October 24, 2024
5 A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman to Adopt the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
G.4 Sponsorship Request Benefiting the Joslyn Senior Center It was determined to APPROVE sponsorship request in the amount of $1,000 for the Joslyn Center Season Kickoff event held on November 1, 2024, at the William Cody Petrie House in Indian Wells; and AUTHORIZES the attendance of Council Members at the event; and FINDS the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
G.5 Council Member Attendance at 2025 Events
It was determined to APPROVE the attendance of Councilmembers to attend the Passion of Excellence on January 28, 2025, and Wild at Heart Gala on February 22, 2025, as identified in the staff report; and FIND the action exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 –

Council Minutes- October 24, 2024
6 G.6 Safer Streets Public Engagement Process to be Facilitated through Planning Commission Special Meetings
It was determined to APPROVE the City’s Public Engagement process for the Safer Streets Project to be facilitated through special meetings of the Planning Commission; and
FIND the project to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as not a project pursuant to Section 15378.

A motion was made by Council Member Peabody, seconded by Mayor Pro Tem Whitman to Approve the Recommendation. The motion carried by the following vote:

AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 -
H. PUBLIC HEARINGS
There were no public hearings.

I. GENERAL BUSINESS
I.1 Award of Bid for Redesign of the Players Course at the Indian Wells Golf Resort
City Manager Chris Freeland and Finance Director Kevin McCarthy gave a staff report.

Mr. Gordon Johnson, resident, stated his support for the project. Ms. Marcy Maxwell, resident, and member of the Golf Resort Advisory Committee, stated her support for the project. City Clerk Angelica Avila acknowledged the city received written comments.

City Manager Freeland introduced Ron DeSpain, Senior VP of Golf Course Development, and Bill O’Brien, Senior VP of Operations.

Council Member Peabody asked clarifying questions regarding finances.

Discussion followed regarding contingencies, responsibilities for the extras, potential increases to TOT, the parking lot and celebrity course, projected shortfalls for the Housing Authority and total project costs.

During Council deliberations, Mayor Sanders asked Council Member Peabody how much additional time he would need to complete his remarks.

Council Minutes- October 24, 2024
7 Council Member Peabody responded that he would take as much time as necessary. Mayor Sanders permitted him to continue.

Council Member Peabody expressed concern regarding the lack of sufficient resident input in the Payers Course Redesign process. He stated that the process appears rushed and inconsistent with prior statements made by the Finance Committee. He further noted that the Council had not approved a halt to future reservations for golf outings and Pavilion catering.

Additionally, he pointed out that staff had not reviewed alternative design proposals from other designers, as previously suggested by Mayor Pro Tem Whitman.

Council Member Reed shared personal experiences to illustrate the time and effort required to accomplish public projects. He expressed confidence that the City staff have conducted appropriate due diligence to ensure the feasibility of the Payers Course Redesign project.

Council Member Griffith raised concerns regarding parking availability and the rehabilitation of the Celebrity Course. She also inquired about matters related to the Housing Authority and the Pavilion. Council Member Griffith stated that she believes there has been sufficient resident input and emphasized the importance of moving forward with the project to mitigate rising construction costs.

Mayor Pro Tem Whitman asked questions regarding land sales and provided context on why project bids have increased from the original estimates. He noted a lack of communication throughout the process and expressed apprehension about making a final decision at this time due to several unknowns. However, he also stated his trust in the process undertaken by City staff.

Mayor Sanders requested that Finance Director Kevin McCarthy present information demonstrating the City's strong financial position.

It was determined to AUTHORIZE the supplemental appropriation of $12,000,000 to Troon to complete the redesign of the Player’s Course; and AUTHORIZES the supplemental appropriation of $1,500,000 to Troon to complete a Fire Access Road, utilizing County Structural Fire Tax Credits; and
AUTHORIZES the City Attorney to prepare an addendum to the Troon Management Agreement permitting Troon to serve as project manager for this capital improvement project; and

Council Minutes- October 24, 2024
8 ADOPTS Resolution No. 2024-40 to read as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, ADOPTING AN ADDENDUM TO THE GENERAL
PLAN EIR (SCH# 94092037); AND DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION (APN: 633-150-084, -088, 633-300-001, -002, -003, AND 633-310-014).

A motion by Council Member Griffith, seconded by Mayor Sanders to Approve Recommendation excluding the addendum to the Troon Management Agreement. The motion carried with the following vote:

AYES: 3 - Griffith, Reed, Sanders
NOES: 2 – Peabody, Whitman

City Attorney Todd Leishman stated it is better to refer to the addendum as an agreement.

Mayor Pro Tem Whitman requested a provision be made in the agreement to ensure proper communication between everyone involved to avoid any more miscommunication mistakes and that any material change come to the city manager and City Council.

A motion by Council Member Griffith, seconded by Mayor Sanders, to Approve Agreement with Troon Management permitting Troon to serve as project manager for the capital improvement project. The motion carried with the following vote:

AYES: 4 - Griffith, Reed, Sanders, Whitman

NOES: 1 – Peabody
Council Member Grifith requested Staff find alternate tee -times at a discounted rate for the displaced golfers at the IW Golf Resort, the Golf Advisory Committee be involved in landscaping matters, and find areas to use the Art in Public Places fund.

Mayor Sanders recessed the meeting at 3:34 p.m. and reconvened the meeting at 3:45 p.m.

I.2 Tourism and Marketing Program for FY 2024-2025

Council Minutes- October 24, 2024
9 Senior Management analyst Micaela Wilkey gave a background on this item and invited Visit Greater Palm Springs Director of Indian Wells Tourism, Sam Thompson, to present a report.

Mr. Thompson provided an overview of current performance metrics, marketing initiatives, and rebate strategies. Mr. emphasized the critical role of site inspections in positioning Indian Wells as a premier destination for leisure travelers. Mr. Thompson also presented recent enhancements to the Indian Wells tourism brochure, aimed at improving visitor engagement and destination visibility.

The presentation concluded with a discussion on local occupancy rates and their implications for future tourism planning.

It was the CONSENSUS of the Council to RECEIVE and FILE the Tourism and Marketing Plan Presentation for FY 2024-2025; and
FIND the action exempt from California Environmental Quality Act (CEQA) review under Guidelines section 15061(b)(3).

I.3 Ordinance Amending Chapter 21.32 Relating to Time-Share Provisions of the Municipal Code
City Attorney Todd Leishman gave a staff report and reported attending a meeting with the City Manager and Mayor Sanders with the Picasso Company and that Council Member Peabody also had a meeting with Picasso. Council Member Reed reported having a phone c all with Brian Ricks regarding concerns of the matter.

City Clerk Angelica Avila acknowledged three written comments from David and Hailey Jankowski, Paul Billing, and Michael Reuben.

It was determined to DIRECT Staff and the City Attorney to prepare a revised draft ordinance for the Council to consider at a future meeting.

Mayor Sanders requested a provision be made in the ordinance to give the city power to enforce Picasso’s rules should they not or refuse to. In response to the Council, Community Development Director John Berg stated there have been no noise complaints, everyone has been compliant, there were no complaints by neighbors, and no code enforcement issues.

A motion by Council Member Reed, seconded by Council Member Peabody, to Approve Recommendation. The motion carried with the following vote:

Council Minutes- October 24, 2024
10 AYES: 5 - Griffith, Peabody, Reed, Sanders, Whitman NOES: 0 –
J. COUNCIL MEMBER'S REPORTS AND COMMENTS
J.1 COUNCIL MEMBER GRIFFITH
Council Member Griffith reported attending a Community Activities event with three hundred residents on October 23,2024 and a Grants In Aid meeting which received twenty-seven applications.

J.2 COUNCIL MEMBER REED
Council Member Reed reported attending the Cal Cities meeting in Long Beach, participating in the Board of Directors meeting and attending a meeting with State representatives regarding the Commuter Rail project.

J.3 COUNCIL MEMBER PEABODY
No report.

J.4 MAYOR PRO TEM WHITMAN
Mayor Pro Tem Whitman reported attending the Cal Cities meeting in Long Beach, a Coachella Valley Economic Partnership meeting, a joint meeting of the CVAG Public Safety Committee and CVAG Homelessness Committee, and speaking with Tim Pine, General Manager of The Renaissance, about mutual interests of Indian Wells and the hotel J.5 MAYOR SANDERS
Mayor Sanders reported that the Cove Communities Services Commission will meet on October 29, 2024.

K. ADJOURNMENT
At 4:21 p.m., Mayor Sanders ADJOURNED the City Council Meeting to a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on November 7, 2024, in the City Hall Council Chamber.

Respectfully Summitted,

_______________________
Angelica Avila, MMC, City Clerk

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