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City of Indio

AGENDA

City Council / Indio Water Authority

Wednesday, May 4, 2022 @ 5:00 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: 829 5390 7195, 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

 

 

 

 

 

STUDY SESSION - 2 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.

PLEDGE OF ALLEGIANCE

 

 

3.

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.

 

 

4.

DISCUSSION ITEMS

 

 

 

4.1

FY 22/23 Budget Discussion

 

FY2022-23 Budget Workbook

7 - 165

 

 

4.2

Fiscal Year 2022-2023 Indio Water Authority's Recommended Operating and Capital Improvement Budget

 

FY22-23 Operating and Capital Improvement Budget

166 - 193

 

 

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; 44700 Palm Street (APN 611-075-019); City of Indio Negotiator: Bryan Montgomery, City Manager; Negotiating Party: LINC Housing; Under Negotiation: Price and Terms of Payment

 

 

 

 

3.2

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

 

 

 

 

3.3

Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 611- 164- 011, 013, 014, 015, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: F-W LLC; 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.

PRESENTATIONS

 

 

 

5.1

Proclamation declaring the week of May 16 - 22, 2021 as National Public Works Week

 

 

 

 

5.2

Presentation of New Employees & Promotions

 

 

 

6.

YOUTH ADVISORY COUNCIL (YAC)

Frida Arriaga, Miabella Cansino, Kailey Cisneros, Stephanie DeJesus, Lilyana Garcia,  Daniela Rodriguez, Vianca Terriquez, and Victoria Terriquez

 

 

7.

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

 

 

8.

CITY MANAGER REPORTS AND INFORMATION

 

 

9.

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.

 

 

 

9.1

Approval of Minutes for the Regular Meeting held April 20, 2022.

 

Staff Report - Minutes for April 20, 2022 - Pdf

194 - 200

 

 

9.2

City Warrants from 04.19.2022 thru 05.02.2022 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File

 

Staff Report - City Warrants from 04.19.2022 thru 05.02.2022 - Pdf

201 - 216

 

 

9.3

IWA Warrants from 04.16.2022 thru 04.19.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File

 

Staff Report - IWA Warrants from 04.16.2022 thru 04.19.2022 - Pdf

217 - 221

 

 

9.4

Resolution No. 10274 to authorize entering into a not to exceed $137,321 funding agreement with the State Water Resources Control Board (SWRCB) and designate an agency representative to provide service connection to residents located at 50104 Monroe Street, and 82021, 82033, 82045, 82059 Avenue 50, Indio CA 92201 (Project) (Rey Trejo, IWA General Manager) Recommendation: Approve

 

Staff Report - Resolution No. 10274 to authorize entering into a not to exceed $137,321 funding agreement with the State Water Resources Control Board - Pdf

222 - 225

 

 

9.5

Professional Services Agreement with Anser Advisory Management, LLC, in an amount not-to-exceed $624,231.56 for the Construction Management, Inspection, and Material Testing for the Herbert Hoover Elementary School Pedestrian Improvements Project, Project No. SW1801 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve

 

Staff Report - Professional Services Agreement with Anser Advisory Management, LLC, in an amount not to exceed $624,231.56 for Project No. SW1801. - Pdf

226 - 289

 

 

9.6

Ordinance No. 1778, adding Chapter 51A (Mandatory Organic Waste Disposal Reduction) to Title V of the Indio Municipal Code, and Making a Determination that the Ordinance is Exempt from CEQA review pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve

 

Staff Report - Ordinance No. 1778 Adding Chapter 51A (Mandatory Organic Waste Disposal Reduction) to Title V of the Indio Municipal Code, and Making a - Pdf

290 - 317

 

 

9.7

Amendment No. 2 extending the term to the existing As-Needed Professional Services Agreement with T.Y. Lin, International, Inc., not to exceed $350,000, for consulting services for the Southbound Indio Boulevard Bridge Retrofit over Union Pacific Railroad, City Project No. BR0302 and Amendment No. 4 to Task Order No. 2 for City Project No. BR0302 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve

 

Staff Report - Amendment No. 2 to the existing As-Needed Professional Services Agreement with TY-Lin International, Inc., to continue to provide consu - Pdf

318 - 332

 

 

9.8

Approve Amendment No.1 to the Professional Services Agreement between the City of Indio and Take Five Entertainment, LLC extending services (Carl S. Morgan, Director of Economic Development) Recommendation: Approve

 

Staff Report - Take-Five Entertainment, LLC Amendment No.1 - Pdf

333 - 342

 

 

9.9

Approve Request for Proposal (RFP) for City Attorney Services (Bryan H. Montgomery, City Manager) Recommendation: Approve

 

Staff Report - Request for Proposals (RFP) for City Attorney Services - Pdf

343 - 352

 

 

9.10

Professional Services Agreement with Tilden-Coil Constructors for Programming and Pre-Construction for the new City Hall project in the not to exceed amount of $163,750 (Scott Trujillo, Deputy City Manager) Recommendation: Approve

 

Staff Report - Tilden-Coil City Hall Contract - Pdf

353 - 354

 

 

9.11

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

 

Staff Report - Second Reading of Ordinance No. 1776 - Pdf

355 - 362

 

 

9.12

Second Reading of 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 - Second Reading of Ordinance No. 1777 - Pdf

363 - 366

 

 

9.13

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

367 - 368

 

10.

PUBLIC HEARINGS

 

 

 

10.1

Approve substantial amendment to the FY2021/2022 Annual Action Plan to reprogram unspent Community Development Block Grant Coronavirus (CDBG-CV) Funds in the amount of $81,008.97 (Kevin H. Snyder, Director of Community Development) Recommendation: Approve

 

Staff Report - Substantial Amendment to FY2021/2022 Annual Action Plan (CDBG-CV Funding) - Pdf

369 - 371

 

 

10.2

Approval of FY2022/2023 Annual Action Plan as necessary to receive an allocation of Community Development Block Grant (CDBG) Funds (Kevin H. Snyder, Director of Community Development) Recommendation: Approve

 

Staff Report - Approval of FY2022/2023 Annual Action Plan (CDBG Funding) - Pdf

372 - 409

 

 

10.3

Tentative Parcel Map No. 38238 (TPM 21-08-411) (Kevin H. Snyder, Director of Community Development) Recommendation: Approve

 

Staff Report - Tentative Parcel Map No. 38238 (TPM 21-08-411) - Pdf

410 - 447

 

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 18, 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 29, 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