City of Indio AGENDA City Council / Indio Water Authority Wednesday, December 1, 2021 @ 5:00 PM Council Chamber, 150 Civic Center Mall |
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The City Council serves as the Indio Water Authority
The City Council Chamber will be open to the public and City Council meetings will be conducted in person and remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)
The Council Chamber will have very limited seating available on a first-come, first-served basis. Members of the public will be required to comply with the California Department of Health Guidance for the Use of Face Coverings which requires unvaccinated individuals to wear a mask in indoor public settings unless otherwise exempt.
You may view the meeting via Livestream on the City’s website
or via Facebook Live
or via YouTube
or view and participate via Zoom
Webinar ID: 821 4143 7410
Passcode: 020704
Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements. 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 office of the City Clerk at 760-391-4007 prior to the meeting for assistance.
Members of the public who desire to address the City Council during the meeting may do so either in person or orally or in writing as described below.
Oral Comments:Oral testimony can be provided in person or during the virtual live session. Individual speakers are limited to three minutes each, unless the Mayor amends the time limit. To address the Council in person please complete speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. To address the Council during the virtual live session via zoom, please email the City Clerk at ssanchez@indio.org, or alternatively, during the specific agenda item or general comment period (i.e. non-agenda items), please use the "raise your hand" function in zoom in order to be recognized by the City Clerk in order to provide comments in real time. The City Clerk will facilitate to the extent possible any email requests to provide oral testimony that are sent during the live meeting. Please specify on the subject line of the email “Oral Comment” and note the agenda item number or if general comment (i.e. non-agenda item). To participate during the live session, please keep track of the meeting proceedings by watching the meeting via Livestream, Facebook Live, YouTube, or Zoom. Please raise your hand and your name or other identifier (phone number) will be called when it is your turn to speak.
Written Comments: If you are unable to provide comments during the meeting (whether in person or the virtual live session), written public comments on agenda and non-agenda items, or both, may be submitted by email to the City Clerk at ssanchez@indio.org. Please specify on the subject line the agenda item number or if general public comment (i.e. non-agenda item). For example on a specific item, write "agenda item 8a" on the email subject line.
Email/Written comments must be received by the City Clerk no later than 2:00 p.m. on the day of the meeting and such comments will be distributed to the City Clerk, City Council, posted on the agenda landing page and be made part of the agenda packet and public record of the meeting; however, they will not be read during the meeting.
Public Hearing Items: Any person may provide in-person comments on public hearing items. Oral or written comments will also be accepted on public hearing items in the manner prescribed in the notice at the top of this agenda except that comments will be accepted during the public hearing until the hearing is closed.
MISSION STATEMENT
THE CITY OF INDIO'S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO ENCHANCE THE QUALITY OF LIFE FOR OUR RESIDENTS, VISITORS AND THE BUSINESS COMMUNITY
STUDY SESSION - 3 PM |
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CALL TO ORDER AND ROLL CALL Mayor Elaine Holmes Mayor Pro Tem Waymond Fermon Councilmember Oscar Ortiz Councilmember Lupe Ramos Amith Councilmember Glenn Miller |
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PLEDGE OF ALLEGIANCE |
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PUBLIC COMMENT This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed on the first page of this agenda. |
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STUDY SESSION ITEMS |
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4.1 | A City Council Study Session for Discussion and Possible Direction on the following: Indio Water Authority Long Range Finance Plan (Rey Trejo, Interim IWA General Manager)
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ADJOURN |
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CLOSED SESSION - 4 PM |
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CALL TO ORDER AND ROLL CALL Mayor Elaine Holmes Mayor Pro Tem Waymond Fermon Councilmember Oscar Ortiz Councilmember Lupe Ramos Amith Councilmember Glenn Miller |
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PUBLIC COMMENT This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed on the first page of this agenda. |
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ADJOURN TO CLOSED SESSION TO CONSIDER: |
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3.1 | Conference with Legal Council, Existing Litigation, Government Code Section 54956.9(d)(1); In re National Prescription Opioid Litigation, MDL No 2804 (Federal District Court N.D. Ohio)
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3.2 | Conference with Real Property Negotiators, Government Code Section 54956.8; 82707, 82713 and 82719 Miles Avenue (APN 611-172-001); City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: EverBloom, Inc.; Under Negotiation: Price and Terms of Payment.
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3.3 | Conference with Real Property Negotiators, Government Code Section 54956.8; 82707, 82713 & 82719 Miles Avenue (APN 611-172-001); City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Avenida Music, LLC.; Under Negotiation: Price and Terms of Payment.
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3.4 | Conference with Legal Counsel, Anticipated Litigation; Government Code Section 54956.9(d)(4); Initiation of Litigation: 1 case
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REGULAR SESSION - 5 PM |
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PLEASE NOTE THAT THE CITY COUNCIL MAY ACT ON ANY ITEM LISTED ON THIS AGENDA |
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CALL TO ORDER AND ROLL CALL Mayor Elaine Holmes Mayor Pro Tem Waymond Fermon Councilmember Oscar Ortiz Councilmember Lupe Ramos Amith Councilmember Glenn Miller |
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INVOCATION The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council does not engage in any prior inquiry, review of, or involvement in, the content of the invocation, except to request the speaker to refrain from using the invocation as an opportunity to attempt to convert others to a particular faith or to disparage any faith or belief and for the speaker to face the City Council. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Clerk will make the Council’s policy on invocations available upon request for public inspection and copying. |
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PLEDGE OF ALLEGIANCE |
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CITY ATTORNEY REPORT ON CLOSED SESSION |
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ROTATION OF MAYOR AND MAYOR PRO TEM |
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5.1 | Presentation of gavel to Mayor Elaine Holmes for her service as Mayor in 2020-2021 (Mayor Pro Tem Fermon)
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5.2 | Rotation of Mayor (Waymond Fermon) and Mayor Pro Tem (Oscar Ortiz)
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COMMENTS FROM THE CITY COUNCIL |
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5 MINUTE RECESS |
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ROLL CALL Mayor Waymond Fermon Mayor Pro Tem Oscar Ortiz Councilmember Lupe Ramos Amith Councilmember Glenn Miller Councilmember Elaine Holmes |
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PRESENTATIONS |
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8.1 | Proclamation for Marine Corporal Hunter Lopez
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8.2 | Proclamation for Marine Corporal Salvador Lule
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8.3 | Proclamation for World Disability Day
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APPOINTMENTS |
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9.1 | Re-appointment of Benjamin Guitron IV to the Coachella Valley Mosquito and Vector Control District (CVMVCD) Board (Mayor Fermon)
| 7 - 13 |
9.2 | Appointment to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC) (Mayor Fermon)
| 14 - 25 |
REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D) |
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CITY MANAGER REPORTS AND INFORMATION |
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CONSENT CALENDAR Consent calendar items are considered to be routine in nature and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. Public requests to discuss consent calendar items must be filed with the City Clerk before the consent calendar is called. This is the time for any member of the public wishing to speak on a consent calendar item to do so. Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he/she wishes to speak. Unless a consent calendar item is pulled for discussion by a council member, there will be no further opportunity to discuss the matter. If a consent calendar item is pulled for Council discussion and a member of the public then wishes to speak, he/she shall limit comments to matters raised during the Council discussion. |
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12.1 | Minutes for City Council/Indio Water Authority meeting held November 17, 2021 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Minutes for City Council/Indio Water Authority - Pdf | 26 - 32 |
12.2 | Resolution No. 10245 certifying the Special Municipal Election held November 2, 2021 and declaring the results (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Certifying the results of the Special Municipal Election held November 2, 2021 - Pdf | 33 - 46 |
12.3 | 2022 City Council Meeting Calendar (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 47 - 48 |
12.4 | SECOND READING of Ordinance No. 1766, an Ordinance of the City Council of the City of Indio Amending Chapter 37 of the Indio Municipal Code Relating to Short-Term Rentals (Roxanne Diaz, City Attorney) Recommendation: Approve
| 49 - 68 |
12.5 | IWA Warrants (Rey Trejo, Interim IWA General Manager) Recommendation: Receive & File
| 69 - 73 |
12.6 | City Warrants (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
| 74 - 84 |
12.7 | Report of Investments for the quarter ending September 30, 2021 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
| 85 - 131 |
12.8 | Resolution No. 10243 of Intention for Annexation No. 81 (Tract Map No. 37884) Avenue 50 Indio, LLC., into CFD No. 2004-1 and setting the Public Hearing for January 19, 2022 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Resolution No. 10243 of Intention for Annexation No. 81 - Pdf | 132 - 147 |
12.9 | Accept the Street and Survey Monument Improvements and authorize release of the Surety for Terra Lago Indio, LLC, Tract Map No. 32341-8 (Terra Lago Area 2) located north of Avenue 44 and east of Golf Center Parkway (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 148 - 151 |
12.10 | Adoption of Resolution No. 10244 acknowledging receipt of a report from the Indio Fire Department's Chief regarding compliance with California Health and Safety Code Sections 13146.2 and 13146.3. (Bryan White, Fire Chief) Recommendation: Approve
| 152 - 155 |
12.11 | Reconsideration of the circumstances of the COVID-19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3). (Roxanne Diaz, City Attorney) Recommendation: Approve
| 156 - 157 |
12.12 | Resolution No. 10246, delegating authority to specific employees to act on behalf of the City with regard to state and federal emergency management grants (Scott Trujillo, Deputy City Manager) Recommendation: Approve
| 158 - 161 |
ADMINISTRATIVE ITEMS |
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13.1 | Approval of a lease with Miles DTI, LLC for the property located at 82851 and 82867 Miles Avenue and finding of conformity with the General Plan (Carl S. Morgan, Director of Economic Development) Recommendation: Approve
Staff Report - Approval of a lease with Miles DTI, LLC for property on Miles - Pdf | 162 - 192 |
13.2 | Introduction of Ordinance No. 1767, amending Chapter 114 (Vending by Pushcart or Vending Vehicle) and Chapter 117 (Solicitation) of the Indio Municipal Code to clarify existing regulations and regulate sidewalk vendors purusant to Sentate Bill 946 (Roxanne Diaz, City Attorney) Recommendation: Approve
Staff Report - Ordinance regulating sidewalk vendors and vehicle vendors - Pdf | 193 - 210 |
PUBLIC HEARINGS |
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14.1 | Second Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries (Public Hearing to begin at 6:00 p.m. promptly) (Roxanne Diaz, City Attorney)
| 211 - 212 |
PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed on the first page of this agenda. |
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ADJOURN |
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NEXT COUNCIL / IWA MEETING: DECEMBER 15, 2021 Agenda packets are available on the city’s website at www.indio.org and at the public counter in City Hall at 100 Civic Center Mall, Indio, California. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter of the lobby of the City Hall Administration Building at 100 Civic Center Mall, Indio, during normal City business hours and during the meeting.
PUBLIC NOTICE The Indio City Council Chamber is accessible to person(s) with disabilities. If special equipment is needed, for the hearing impaired, please call the City Clerk's office. Persons with disabilities can receive this agenda in an alternative format and should call the City Clerk's office at 3914007. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102.35.104 ADA Title 11).
RULES OF DECORUM To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in Ordinance No. 1205. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
DECLARATION OF POSTING
I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, do hereby declare that the foregoing agenda was posted on November 24, 2021, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Indio Council Chamber, 150 Civic Center Mall, Indio, CA 92201 City of Indio website www.indio.org
Sabdi Sanchez SABDI SANCHEZ, CMC CITY CLERK ADMINISTRATOR |
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