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City of Indio

AGENDA

City Council / Indio Water Authority

Wednesday, April 6, 2022 @ 5:00 PM

Council Chamber, 150 Civic Center Mall

 

 

The City Council serves as the Indio Water Authority, Successor Agency to the Redevelopment Agency of the City of Indio

 

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)

 

Members of the public will be required to comply with the California Department of Health Guidance for the Use of Face Coverings which strongly recommends that all persons, regardless of vaccine status, continue to mask while in indoor public settings and businesses. [Eff. 3/1/22].

 

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:_______, Passcode:______

Agenda en Español

 

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 cityclerk@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 cityclerk@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

 

 

 

1.

CALL TO ORDER AND ROLL CALL

Mayor Waymond Fermon

Mayor Pro Tem Oscar Ortiz

Councilmember Lupe Ramos Amith

Councilmember Glenn Miller

Councilmember Elaine Holmes

 

 

2.

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.

 

 

3.

ADJOURN TO CLOSED SESSION TO CONSIDER:

 

 

 

3.1

Conference with Real Property negotiators, Government Code Section 54956.8: 82-723 Miles Avenue, Indio, City of Indio Negotiator Bryan H. Montgomery, City Manager; Negotiating Party: County of Riverside, Treasurer-Tax Collector; Under Negotiation: Price and Terms of Payment.

 

 

 

 

3.2

Conference with Real Property Negotiators, Government Code Section 54956.8; 45073 Oasis Street (APN 611-164-003); City of Indio Negotiator: Bryan Montgomery, City Manager. Negotiating Party: Scott Sklar; Under Negotiation: Price and Terms of Payment.

 

 

 

 

REGULAR SESSION - 5 PM

 

 

 

1.

CALL TO ORDER AND ROLL CALL

Mayor Waymond Fermon

Mayor Pro Tem Oscar Ortiz

Councilmember Lupe Ramos Amith

Councilmember Glenn Miller

Councilmember Elaine Holmes

 

 

2.

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.

 

 

3.

PLEDGE OF ALLEGIANCE

 

 

4.

CITY ATTORNEY REPORT ON CLOSED SESSION

 

 

5.

REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)

 

 

6.

APPOINTMENTS

 

 

 

6.1

Appointment to the Public Arts Commission to fill one (1) vacancy for unexpired term

 

Staff Report - Appointment to the Public Arts Commission - Pdf

7

 

7.

CITY MANAGER REPORTS AND INFORMATION

 

 

8.

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.

 

 

 

8.1

Approval of Minutes for the Regular Meeting held March 16, 2022. (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve

 

Staff Report - Minutes for March 16, 2022 - Pdf

8 - 14

 

 

8.2

City warrants from 03.11.2022 thru 04.04.2022 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File

 

Staff Report - City Warrants - Pdf

15 - 44

 

 

8.3

IWA Warrants from 03.02.2022 thru 03.15.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File

 

Staff Report - IWA Warrants from 03.02.2022 thru 03.15.2022 - Pdf

45 - 52

 

 

8.4

Professional Services Agreement -Timmons Group, Inc. for Utility Network Implementation for Cityworks Asset Management System Re-Configuration Projects (Rey Trejo, IWA General Manager) Recommendation: Approve

 

Staff Report - Professional Services Agreement with Timmons Group in the not-to-exceed amount of $247,610 for GIS and Cityworks consulting services an - Pdf

53 - 63

 

 

8.5

IWA Improvement Agreement (Agreement), Performance Bond, and Payment Bond (Labor & Materials) from K. Hovnanian Communities, Inc. for Aguila at Terra Lago, Tract No. 32288-1, located near the northwest corner of Avenue 44 and Terra Lago Parkway. (Rey Trejo, IWA General Manager) Recommendation: Approve

 

Staff Report - Improvement Agreement, Performance Bond, and Payment Bond in the amount of $395,921.25 from K. Hovnanian Communities, Inc. for Aguila a - Pdf

64 - 104

 

 

8.6

Amendment No. 1 to original Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for as-needed water meters and meter parts in the additional amount of $200,000 for Fiscal Year 2021-2022. (Rey Trejo, IWA General Manager) Recommendation: Approve

 

Staff Report - Amendment No. 1 to original Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for as-needed water meters and  - Pdf

105 - 129

 

 

8.7

Amendment to the existing Professional Services Agreement with Betty P. Kelepecz, Public Safety Consulting Inc. in an amount not to exceed $45,000 (Andrew Ansoorian, Director of Human Resources & Risk Management) Recommendation: Approve

 

Staff Report - Amendment to Professional Services Agreement with Betty P. Kelepecz, Public Safety Consulting, Inc. - Pdf

130

 

 

8.8

Approval of Final Parcel Map for CRD Holdings, Parcel Map No. 37837 (Church at the Red Door), located on the southeast corner of Avenue 49 and Jefferson Street (Timothy T. Wassil, Dir. of Public Works) Recommendation: Approve

 

Staff Report - Approval of Final Parcel Map for CRD Holdings, Parcel Map No. 37837 (Church at the Red Door) - Pdf

131 - 134

 

 

8.9

Approval of Final Tract Map for K. Hovnanian Communities, Inc., Tract Map No. 32288-1 (Terra Lago Area 2), generally located south of Avenue 42 and east of Golf Center Parkway (Timothy T. Wassil, Dir. of Public Works) Recommendation: Approve

 

Staff Report - Final Tract Map for K. Hovnanian Communities, Inc., Tract Map No. 32288-1 (Terra Lago) - Pdf

135 - 138

 

 

8.10

Approval of a Building Lease Agreement with Avenida Music, LLC for the property located at 82-707 Miles Avenue, and finding of conformity with the General Plan (Carl S. Morgan, Director of Economic Development) Recommendation: Approve

 

Staff Report - Avenida Music Building Lease Agreement - Pdf

139 - 184

 

 

8.11

Professional Services Agreement with Michael Baker International Inc. in the amount of $312,798 and a 10% contingency in the amount of $31,280 to provide engineering consulting services for design and bid package for the replacement of Plant No. 2 Booster Pump Station (Rey Trejo, IWA General Manager) Recommendation: Approve

 

Staff Report - Professional Services Agreement with Michael Baker International Inc. in the amount of $312,798 and a 10% contingency in the amount of  - Pdf

185 - 201

 

 

8.12

Reject the construction bid for the Herbert Hoover Elementary School Pedestrian Improvement Project, City Project No. SW1801 and authorize staff to clarify the bid requirements, and re-advertise the bid, including the plans and specifications (Timothy T. Wassil, Dir. of Public Works) Recommendation: Approve

 

Staff Report - Reject the construction bid for the Herbert Hoover Elementary School Pedestrian Improvement Project, City Project No. SW1801 and author - Pdf

202 - 209

 

 

8.13

Review and approve the City of Indio’s Public Arts Commission Work Plan as recommended by the Public Arts Commission to the City Council (Scott Trujillo, Deputy City Manager) Recommendation: Approve

 

Staff Report - Public Arts Commission Work Plan - Pdf

210 - 244

 

 

8.14

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).

 

Staff Report - Reconsideration of Covid state of emergency - Pdf

245 - 246

 

9.

ADMINISTRATIVE ITEMS

 

 

 

9.1

Resolution 10271 authorizing the issuance and sale of City of Indio Pension Obligation Bonds; approving as to form and authorizing the execution and delivery of an indenture and a purchase contract; authorizing a validation action; and authorizing certain related actions (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Approve

 

Staff Report - City Pension Obligation Bonds and Validation Action - Pdf

247 - 255

 

10.

PUBLIC HEARINGS

 

 

 

10.1

Revised Resolution No. 10254 re-approving the revised version of Housing Element 2021-2029 in response to required revisions from the State Office of Housing and Community Development and re-adopting the prior Negative Declaration (Kevin H. Snyder, Director of Community Development) Recommendation: Approve

 

Staff Report - General Plan Amendment - Housing Element 2021-2029 and Negative Declaration/Initial Study - Pdf

256 - 1245

 

11.

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.

 

 

12.

ADJOURN

 

 

 

NEXT COUNCIL / IWA MEETING: APRIL 20, 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 April 1, 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