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City of Indio

AGENDA

City Council / Indio Water Authority

Wednesday, April 20, 2022 @ 4:00 PM

Council Chamber, 150 Civic Center Mall

 

 

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)

 

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: 837 4428 2028, Passcode: 92201

 

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 - 3 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; 45073 Oasis Street (APN 611-164-003); City of Indio Negotiator: Bryan Montgomery, City Manager; Negotiating Party: Scott W. Sklar & Joan L. Sklar, co-trustees of the Sklar Family Trust and Leila Lambert, Trustee of the Lambert Family Trust; Under Negotiation: Price and Terms of Payment.

 

 

 

 

3.2

Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 611- 164-011, 013, 014, 015; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Coachella Valley Development Partners, LLC; Under Negotiation: Price and Terms of Payment

 

 

 

 

3.3

Conference with Legal Counsel - Anticipated Litigation; Government Code Section 54956.9(c); Initiation of Litigation, 1 case

 

 

 

 

3.4

Conference with Labor Negotiator, Government Code Section 54957.6; City Negotiator: Bryan H. Montgomery, City Manager, Rob Rockwell, Assistant City Manager & Finance Director, Scott Trujillo, Deputy City Manager, and Andrew Ansoorian, Director of Human Resources and Risk Management; Employee Organizations: ICEA, IWAEA, and SEIU

 

 

 

 

3.5

Conference with Real Property Negotiators, Government Code Section 54956.8; 45767 Smurr St, 45659 Smurr St, 45495 Smurr St, 82880 Requa Ave, 45255 Towne St, 45500 Towne St. 45474 Towne St (APNs 611-212-034, 033, 032, 039, 019, 007,008 and 009; 611-221-005; 611-222-010); City of Indio Negotiator: Bryan Montgomery, City Manager. Negotiating Party: Desert Community College District, John White. Under Negotiation: Price and Terms of Payment.

 

 

 

 

3.6

Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Attorney

 

 

 

 

REGULAR 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.

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.

PRESENTATIONS

 

 

 

5.1

Proclamation - National Victim's Rights Week, April 24 - 30, 2022

 

 

 

6.

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

 

 

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 April 6, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve

 

Staff Report - Minutes for April 6, 2022 - Pdf

8 - 13

 

 

8.2

City Warrants from 04.05.2022 thru 04.18.2022 (Rob Rockwell, Asst. City Manager & Dir. of Finance) Recommendation: Receive & File

 

Staff Report - City Warrants - Pdf

14 - 32

 

 

8.3

IWA Warrants from 03.16.2022 thru 04.05.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File

 

Staff Report - IWA Warrants from 03.16.2022 thru 04.05.2022 - Pdf

33 - 36

 

 

8.4

Indio Subbasin Annual Report for Water Year 2020-2021 in accordance with the Sustainable Groundwater Management Act (SGMA) of 2014 (Rey Trejo, IWA General Manager) Recommendation: Receive & File

 

Staff Report - Indio Subbasin Annual Report for Water Year 2020-2021 in accordance with the Sustainable Groundwater Management Act (SGMA) of 2014 - Pdf

37 - 51

 

 

8.5

Annual progress report on implementation of the Coachella Valley Salt and Nutrient Management Plan (CV-SNMP) Groundwater Monitoring Workplan for Calendar Year 2021 (Rey Trejo, IWA General Manager) Recommendation: Receive & File

 

Staff Report - Annual progress report on implementation of the Coachella Valley Salt and Nutrient Management Plan (CV-SNMP) Groundwater Monitoring Wor - Pdf

52 - 60

 

 

8.6

Three-year agreement with West Coast Arborists for citywide tree care utilizing cooperative purchasing procedures in the amount not-to-exceed $400,000 per year (Timothy T. Wassil, Director of Public Works) Recommendation: Approve

 

Staff Report - Three-year agreement with West Coast Arborists for citywide tree care - Pdf

61 - 91

 

 

8.7

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wassil, Director of Public Works) Recommendation: Approve

 

Staff Report - Adoption of the City of Indio Local Roadway Safety Plan - Pdf

92 - 188

 

 

8.8

Accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant in the amount of $209,235 and Adopt Resolution No. 10273 designating and authorizing the City Manager or his designee to execute the necessary grant documents on behalf of the City of Indio (Michael Washburn, Chief of Police) Recommendation: Approve

 

Staff Report - Acceptance of FY21 State Homeland Security Program (SHSP) grant in the amount of $209,235 and Adopt Resolution NO. 10273 Authorizing th - Pdf

189 - 208

 

 

8.9

Approval of a Building Lease Agreement with Gabino’s Creperie for the property located at 82-868 Miles Avenue, and finding of conformity with the General Plan (Carl S. Morgan, Director of Economic Development) Recommendation: Approve

 

Staff Report - Gabino's Creperie, Inc Building Lease Agreement - Pdf

209 - 248

 

 

8.10

Amendment No. 2 to the Professional Services Agreement between the City of Indio and The Retail Coach, LLC in the amount of $45,000 for additional services and extending the term. (Carl S. Morgan, Director of Economic Development) Recommendation: Approve

 

Staff Report - Retail Coach LLC Amendment No.2 - Pdf

249 - 258

 

 

8.11

Resolution No.10275 establishing the County of Riverside Transportation Department “Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled” as the City’s traffic analysis policy (Timothy T. Wassil, Director of Public Works) Recommendation: Approve

 

Staff Report - Resolution No.10275 establishing the County of Riverside Transportation Department “Transportation Analysis Guidelines for Level of Ser - Pdf

259 - 309

 

 

8.12

Approve Amendment No. 1 to the Professional Services Agreement with Tilden-Coil Constructors for Construction Management and General Conditions for the Public Safety Campus in the not to exceed amount of $3,470,829 (Scott Trujillo, Deputy City Manager) Recommendation: Approve

 

Staff Report - Tilden-Coil Contract Amendment - Pdf

310 - 318

 

 

8.13

Award twenty-three contracts to the individual contractors listed in each bid category for the amounts listed therein as set forth in the Bid Summary Letter on file with the City Clerk and attached to agenda report for the Public Safety Campus Project in the total aggregate amount of $42,642,358 (Scott Trujillo, Deputy City Manager) Recommendation: Approve

 

Staff Report - Public Safety Campus - Pdf

319 - 411

 

 

8.14

Award contract to LandMark Consultants, Inc. for Construction Testing Services for the Public Safety Campus project for $157,242 plus a 10% contingency for a not to exceed amount of $172,966 (Scott Trujillo, Deputy City Manager) Recommendation: Approve

 

Staff Report - Award contract to LandMark Consultants, Inc. - Pdf

412 - 441

 

 

8.15

Approve Amendment No. 2 to the Professional Services Agreement between the City and Holt Architecture in the amount of $560,229 for the Public Safety Campus project (Scott Trujillo, Deputy City Manager) Recommendation: Approve

 

Staff Report - Holt Contract Amendment - Pdf

442 - 449

 

9.

ADMINISTRATIVE ITEMS

 

 

 

9.1

Ordinance No. 1776, adopting a Military Equipment Use Policy in accordance with Assembly Bill 481 (Michael Washburn, Chief of Police) Recommendation: Approve

 

Staff Report - Military Equipment Use Policy - Pdf

450 - 475

 

 

9.2

$1.5 million Purchase and Sale Agreement with S.L.G.R Development, Inc. for the property located at 45-145 Oasis Street, and finding of conformity with the General Plan (Carl S. Morgan, Director of Economic Development) Recommendation: Approve

 

Staff Report - S.L.G.R. Development Inc, Purchase and Sale Agreement - Pdf

476 - 495

 

10.

PUBLIC HEARINGS

 

 

 

10.1

Acceptance of Fiscal Year 2021-2022 Supplemental Law Enforcement Services Account ("SLESA") funds in the amount of $140,360 and approval of the enclosed expenditure plan (Michael Washburn, Chief of Police) Recommendation: Approve

 

Staff Report - Supplemental Law Enforcement Services Account (SLESA) - Pdf

496 - 498

 

 

10.2

Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopting a new section 159.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement area (Kevin H. Snyder, Director of Community Development) Recommendation: Approve

 

Staff Report - Zoning Text Amendment - Unzoned Properties in North Indio - Pdf

499 - 503

 

 

10.3

Resolution No. 10276, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (EA 21-04-556) and Resolution No. 10277, approving Tentative Tract Map 38072 (TTM 21-08-048) to subdivide thirty-eight acres for the Coco Palms Single-Family Residential Project located northeast of the Avenue 50 and Jackson Street intersection (Kevin H. Snyder, Director of Community Development) Recommendation: Approve

 

Staff Report - Resolution No. 10276 and Resolution No. 10277 - Coco Palms - Pdf

504 - 1319

 

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: MAY 4, 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 15, 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