City of Indio AGENDA City Council / Indio Water Authority Wednesday, February 16, 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 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: 853 6921 5037 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; 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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3.2 | Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 82707, 82713 & 82719 Miles Avenue (APN 611-172-001); Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Josiah Gonzalez Managing Partner, Avenida Music, LLC. Negotiation: Price and Terms of payment.
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3.3 | Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45125 Smurr Street (Suites A & B, APN 611-173-006); Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and EverBloom, Inc; Under Negotiation: Price and Terms of payment.
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3.4 | Conference with Real Property Negotiators, Government Code Section 54956.8; 82-868 Miles Avenue (APN 611-153-004); 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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3.5 | Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 82921 Indio Blvd, APN 611-174-049; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Palm Springs Brewing Company, LLC; Under Negotiation: Price and Terms of payment.
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3.6 | Conference with Legal Counsel, Anticipated Litigation-Significant Exposure to Litigation, Government Code Section 54956.9(d)(2); Number of potential cases: 2
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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 | Proclamation for Black History Month
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5.2 | Certificates of Recognition for Community Members
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5.3 | The Retail Coach Quarterly Update Presentation
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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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8.1 | Review of Downtown "Outdoor Living Room Park" project
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8.2 | Discussion of placement of Indio sign in Downtown
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8.3 | Discussion regarding City Hall/Library project
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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 February 2, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Minutes for the Regular Meeting held February 2, 2022 - Pdf | 7 - 12 |
9.2 | City Warrants 01.28.2022 thru 02.10.2022 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File
| 13 - 26 |
9.3 | IWA Warrants 01.21.2022 thru 02.02.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrant Register - Period 01-21-2022 thru 02-02-2022 - Pdf | 27 - 31 |
9.4 | Fiscal Year 2021-22 Mid-Year Budget Report (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File
| 32 - 49 |
9.5 | Indio Water Authority Fiscal Year 2021-22 Mid-Year Budget Report (Rey Trejo, IWA General Manager) Recommendation: Receive & FIle
Staff Report - Indio Water Authority Fiscal Year 2021-22 Mid-Year Budget Report - Pdf | 50 - 73 |
9.6 | Release and Substitute Surety Bonds for Water Improvements for Tract No. 31562 (Monte Vina) (Rey Trejo, IWA General Manager) Recommendation: Approve
| 74 - 101 |
9.7 | Report on Investments for the quarter ending December 31, 2021, and annual re-delegation of authority to the City Treasurer and the Treasurer of each of the Indio Water Authority, the Indio Public Financing Authority, and the Indio Finance Authority (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File
Staff Report - Q2 FY22 Report of Investments and Annual Re-Delegation of Authority - Pdf | 102 - 146 |
9.8 | Resolution No. 10264 accepting a $10,397 grant under the Fiscal Year 2020 State Homeland Security Program Grant. (Scott Trujillo, Deputy City Manager) Recommendation: Approve
Staff Report - Adoption of Resolution No.10264 State Homeland Security Program grant - Pdf | 147 - 150 |
9.9 | 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
Staff Report - Reconsideration of Covid state of emergency - Pdf | 151 - 152 |
PUBLIC HEARINGS |
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10.1 | A Public Hearing to Introduce Ordinance No. 1775, an Ordinance of the City Council of the City of Indio adjusting the boundaries of the City Council districts and adopting a new official "Council District Map." (Public Hearing to begin at 6:00 p.m. promptly) (Roxanne Diaz, City Attorney) Recommendation: Introduce, Waive First Reading and Read by Title Only
Staff Report - First Reading of Ordinance No. 1775 - Adopting New District Map - Pdf | 153 - 160 |
10.2 | Adoption 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 | 161 - 169 |
10.3 | Consideration of the Appeal of January 26, 2022 Planning Commission No-Action Decisions for Church at the Red Door and Approval of Conditional Use Permit 20-10-1064 and Design Review 20-05-474 to allow a place of worship on a 13.07 acre Project Site to be located at the southwest corner of Jefferson Street and Avenue 49 (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
| 170 - 316 |
10.4 | Amendment to Tentative Tract Map 31689 (Espana, Phase II) (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Amendment to Tentative Tract Map 31689 (Espana, Phase II) - Pdf | 317 - 333 |
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: MARCH 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 February 11, 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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