City of Indio AGENDA City Council / Indio Water Authority Wednesday, January 19, 2022 @ 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 masks to be worn in all indoor public settings, irrespective of vaccine status, through February 15, 2022.
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: 843 0578 5128 Passcode: 943588
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
CLOSED SESSION - 4 PM |
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CALL TO ORDER AND ROLL CALL Mayor Waymond Fermon Mayor Pro Tem Oscar Ortiz Councilmember Lupe Ramos Amith Councilmember Glenn Miller Councilmember Elaine Holmes |
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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 at the top of this agenda. If the total time of comments extend beyond 30 minutes, the Mayor may defer further public comments for items Not on the Agenda until the end of the Agenda. |
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ADJOURN TO CLOSED SESSION TO CONSIDER: |
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3.1 | Conference with Real Property Negotiators, Government Code Section 54956.8; 82-868 Miles Avenue; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Gabino’s Creperie, Inc.; Under Negotiation: Price and Terms of Payment
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3.2 | Conference with Real Property Negotiators, Government Code Section 54956.8; for APN 614130036, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Marc C. Pange and CarolAnn Pange, as Trustees of the Pange Revocable Trust, as to an undivided 1/3rd interest; Ann Pang McClelland, as Trustee of The Ann Pang McClelland Trust, as to an undivided 1/3rd interest; and Ann McClelland, Trustee or any successor Trustee of the Jeffry M. Jarvie Daughters' Trust, as to an undivided 1/3rd interest; Under Negotiation: Price and Terms of Payment.
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3.3 | Conference with Real Property Negotiators, Government Code Section 54956.8; 45450 Towne Street; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Pastion Industries Inc.; Under Negotiation: Price and Terms of Payment
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REGULAR SESSION - 5 PM |
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CALL TO ORDER AND ROLL CALL Mayor Waymond Fermon Mayor Pro Tem Oscar Ortiz Councilmember Lupe Ramos Amith Councilmember Glenn Miller Councilmember Elaine Holmes |
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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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PRESENTATIONS |
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5.1 | 2021 Tamale Festival Presentation by Gopi Sangha, President, CUSP Agency
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5.2 | Presentation by Joshua "Josh" Alvarez, Instructional Coach at Thomas Jefferson Middle to seek input and community support towards accomplishing certain goals.
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YOUTH ADVISORY COUNCIL (YAC) Frida Arriaga, Miabella Cansino, Kailey Cisneros, Stephanie DeJesus, Lilyana Garcia, Eliana Perez, Daniela Rodriguez, Vianca Terriquez, and Victoria Terriquez |
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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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9.1 | Minutes for the Regular Meeting held January 5, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 8 - 12 |
9.2 | City Warrants from 12.24.2021 thru 1.13.2022 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File
| 13 - 28 |
9.3 | IWA Warrants from 12.21.2021 thru 1.6.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
| 29 - 34 |
9.4 | Authorize a Grant of Easement to the Coachella Valley Water District (CVWD) for the Installation of Monitoring Well(s) in Indio Water Authority’s Waller Tract Well Site Assessor Parcel Number: 692-521-021 (Rey Trejo, IWA General Manager) Recommendation: Approve
| 35 - 41 |
9.5 | Accept the street and survey monument improvements and authorize release of the surety for Indian Palms Development Company, LLC, Tract Map No. 30501 (Indian Palms Country Club), generally located north of Avenue 50 and west of Jackson Street. (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 42 - 45 |
9.6 | Freeway Maintenance Agreement between the City of Indio and the California State Department of Transportation for the Interstate 10 / Avenue 44 Undercrossing and authorize the City Manager to negotiate and execute subsequent amendments or supplemental agreements related to the Freeway Maintenance Agreement. (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 46 - 66 |
9.7 | Amendment No. 1 to the existing Professional Services Agreement with North Star Place Branding + Marketing, in an amount not-to-exceed $30,000 for incremental creative concepts, deliverables and brand action ideas. (Brooke Beare, Director of Communications & Marketing) Recommendation: Approve
| 67 - 74 |
9.8 | Implementation of terms of a Tentative Agreement with the Indio Police Command Unit, and authorization for the City Manager to execute a successor Memorandum of Understanding. (Andrew Ansoorian, Director of Human Resources & Risk Management) Recommendation: Approve
Staff Report - Tentative Agreement between the City of Indio and PCU - Pdf | 75 - 79 |
ADMINISTRATIVE ITEMS |
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10.1 | Approval of a Services Agreement between the City of Indio and Flock Group Inc. for the lease of twenty Flock Safety Automatic License Plate Recognition cameras, in the amount of $57,500. (Mike Washburn, Chief of Police) Recommendation: Approve
| 80 - 120 |
10.2 | Approve a License Agreement between City of Indio and Christiana Green, dba Epic Animal Treats for use of City Property to conduct a Certified Farmers Market in the Downtown. (Carl S. Morgan, Director of Economic Development) Recommendation: Approve
Staff Report - Revocable License Agreement for a Certified Farmers' Market - Pdf | 121 - 135 |
10.3 | Discussion and approval of the Public Arts Commission’s recommendations regarding the restoration and/or repair and/or removal of the 11 wall murals in the City's mural collection and other recommendations related to such murals as set forth in the agenda report and provide authorization to the City Manager and City Attorney to negotiate and finalize the terms of agreement(s) to implement the recommendations. (Scott Trujillo, Deputy City Manager) Recommendation: Approve
| 136 - 226 |
10.4 | Discussion and Introduction of Ordinance No. 1772, an ordinance of the City adopting by reference Chapter 5.68 of Title 5 of the County of Riverside County Code regarding the permitting of tobacco retailers. (Scott Trujillo, Deputy City Manager) Recommendation: Approve
Staff Report - Retail Tobacco Permitting Program Ordinance - Pdf | 227 - 241 |
10.5 | Urgency Ordinance No. 1773, Approving the Third Amendment to the Development Agreement between the City of Indio and Certain Owners of Real Property Within the Site Known as the Pacific Indio Properties to Extend the Term of the Development Agreement and Declaring the Urgency Thereof and Finding that the Extension is Exempt From CEQA pursuant to CEQA Guidelines 15162 and 16061(b)(3). (Roxanne Diaz, City Attorney) Recommendation: Approve
Staff Report - Urgency Ordinance Extending Pacific Indio Properties Development Agreement - Pdf | 242 - 260 |
10.6 | An Urgency Ordinance (Ordinance No. 1774) of the City of Indio Amending Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and Adopting a New Section 159.419 Pertaining to the Development of Unzoned Properties Within the Former Pacific Indio Properties Development Agreement and Declaring the Urgency Thereof and Finding that the Urgency Ordinance is Exempt from CEQA Pursuant to CEQA Guideline Section 15061(b)(3) (Roxanne Diaz, City Attorney) Recommendation: Approve
Staff Report - Urgency Ordinance No. 1774 for Unzoned Properties - Pdf | 261 - 264 |
PUBLIC HEARINGS |
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11.1 | Third Public Hearing to Receive Input from the Community Regarding the Redrawing of District Boundaries and Presentation of Draft District Maps (Public Hearing to begin at 6:00 p.m. promptly) (Roxanne Diaz, City Attorney)
| 265 - 283 |
11.2 | Public hearing, to approve the conducting of a special election, adopt Resolution No. 10251 Determining the Validity of Prior Proceedings, adopt Resolution No. 10252 Calling a Special Election, adopt Resolution No. 10253 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1769 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 80 (The Crossings – Tract Map No. 37899) to CFD No. 2004-1. (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 284 - 317 |
11.3 | Public hearing to approve the conducting of a special election, adopt Resolution No. 10255 Determining the Validity of Prior Proceedings, adopt Resolution No. 10256 Calling a Special Election, adopt Resolution No. 10257 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1770 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 81 (Ventana – Tract Map No. 37884) to CFD No. 2004-1. (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 318 - 351 |
11.4 | Public hearing to approve the conduction of a special election, adopt Resolution No. 10258 Determining the Validity of Prior Proceedings, adopt Resolution No. 10259 Calling a Special Election, adopt Resolution No. 10260 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1771 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 82 to CFD No. 2004-1 (Tract Map Nos. 37075 and 37076, LGI Homes-California, LLC). (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 352 - 385 |
11.5 | Adopt Resolution No. 10261 Approving Tentative Parcel Map 38241 to Subdivide a 5 Acre Parcel into a 2 Parcel Subdivision located on Los Palos Drive between Zenda Drive and Avenue 52 (APN: 779-100-028) (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Attachment B: Vicinity Map for TPM_38241 Staff Report - Tentative Parcel Map 38241 (TPM 21-09-412) - Pdf | 386 - 406 |
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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12.1 | Public Comments Received
| 407 - 418 |
ADJOURN |
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NEXT COUNCIL / IWA MEETING: FEBRUARY 2, 2022 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 January 14, 2022, 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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