City of Indio AGENDA City Council / Indio Water Authority Wednesday, June 1, 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)
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: 864 2969 2821 Passcode: 92201
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 - 3 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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PLEDGE OF ALLEGIANCE |
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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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DISCUSSION ITEMS |
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4.1 | Prohousing Strategies Discussion
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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; APNs 611- 164- 011, 013, 014, 015, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Coachella Valley Development Partners, LLC; Under Negotiation: Price and Terms of Payment
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3.2 | Conference with Real Property Negotiators, Government Code Section 54956.8; nine properties located between Oasis Street and Towne Street, south of Miles Avenue-APNs 611-172-025, 611-172-027, 611-172-026, 611-172-022, 611-172-023, 611-172-020, 611-172-017, 611-172-018, and 611-172-019; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: F-W LLC; Under Negotiation: Price and Terms of Payment
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3.3 | Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 611-164-006, 611-164-007, 611-164-009, and 611-164-017; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: S. L. G. R. Development, Inc.; Under Negotiation: Price and Terms of Payment
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3.4 | Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title of Position: City Manager
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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 | Presentation of New Employees & Promotions
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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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8.1 | Minutes for City Council meeting of May 18, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 9 - 16 |
8.2 | City Warrants from 5.17.2022 thru 5.27.2022 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 05.17.2022 thru 05.27.2022 - Pdf | 17 - 39 |
8.3 | IWA Warrants from 05.04.2022 thru 05.17.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 05.04.2022 thru 05.17.2022 - Pdf | 40 - 44 |
8.4 | Write-Off of Unrecoverable Accounts Receivable as of March 31, 2022 pursuant to Administrative Policy No. IWA-750-01-004-12 in the amount of $298,589.83 (Rey Trejo, IWA General Manager) Recommendation: Approve
| 45 - 51 |
8.5 | Resolution No. 10286 calling the November 8, 2022 municipal election, Resolution No. 10287 requesting the County of Riverside to consolidate the municipal election, and Resolution No. 10288 adopting regulations for candidate statements.
Staff Report - Calling the November 8, 2022 Municipal Election - Pdf | 52 - 62 |
8.6 | Resolution No. 10290 for the Formation of a California Statewide Communities Development Authority Community Facilities District for the España Development (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Approve
Staff Report - Formation of a CSCDA CFD for the España development - Pdf | 63 - 75 |
8.7 | Authorize the City Manager to execute a Consulting and Service Agreement with Bell Burnett & Associates (“BB&A”) for services relating to financing mechanisms for electrical infrastructure within the City of Indio (Bryan H. Montgomery, City Manager) Recommendation: Approve
Staff Report - Consulting and Service Agreement with Bell Burnett & Associates - Pdf | 76 - 85 |
8.8 | Resolution No. 10291, declaring support for the Salton Sea Management Program to review and consider impacts of greenhouse gas emissions during the comprehensive analysis of water import alternatives as part of a long-term solution for the Salton Sea (Bryan H. Montgomery, City Manager) Recommendation: Approve
Staff Report - Resolution No. 10291, Salton Sea Management Program - Pdf | 86 - 89 |
8.9 | Resolution No. 10282 adopting a list of projects to be funded by Senate Bill 1, Road Repair and Accountability Act of 2017 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 90 - 95 |
8.10 | Resolution No. 10289 authorizing the City Manager to execute Agreements with the California Department of Transportation for the City of Indio Clean California Local Grant Program project (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 96 - 100 |
8.11 | Additional contingency in the amount of $200,000 for the construction contract with Powell Constructors, Inc. for the Channel Lining and Earthquake Retrofit of the Eastbound and Westbound Bridge Across the Coachella Valley Stormwater Channel at Indio Boulevard Project (Project Nos. BR0801/BR0802) to accommodate unforeseen changes to the project (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 101 - 105 |
8.12 | Amendment No. 9 to the existing Professional Services Agreement with T.Y. Lin International in an amount not-to-exceed $38,077 for additional consulting services related to the extension of certain temporary construction easements for the Avenue 44 Bridge over the Coachella Valley Stormwater Channel (Project No. BR1101) (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 106 - 123 |
8.13 | Amendment No. 12 to the existing Professional Services Agreement with Dokken Engineering in the amount of $40,440.24 for additional construction support for the Indio Boulevard Bridge Seismic Retrofit Project, City Project No. BR0801 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 124 - 136 |
8.14 | Disposal of surplus vehicles and equipment by way of auction (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Disposal of surplus vehicles and equipment by way of auction - Pdf | 137 - 141 |
8.15 | Second Reading of Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in certain areas of the City and finding that Ordinance No. 1779 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Second Reading of Ordinance No. 1779 - Cannabis Zoning Text Amendment - Pdf | 142 - 148 |
8.16 | Second Reading of Ordinance No. 1780 adding a new Chapter 123 to Title XI of the Indio Municipal to regulate and permit commercial cannabis activities in the City; and making a determination that the Ordinance is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines 15060(c)(3) (Bryan H. Montgomery, City Manager) Recommendation: Approve
Staff Report - Second Reading of Ordinance No. 1780 - Regulatory Cannabis Ordinance - Pdf | 149 - 184 |
8.17 | 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 | 185 - 186 |
ADMINISTRATIVE ITEMS |
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9.1 | Adopt the 2022-24 Strategic Plan
| 187 - 201 |
PUBLIC HEARINGS |
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10.1 | Resolution No. 10284 to declare and enact Stage II of Water Shortage Contingency Plan (Rey Trejo, IWA General Manager) Recommendation: Approve
| 202 - 212 |
10.2 | Certificate of Public Convenience or Necessity (PCN 21-10-9) for El Indio Sports Bar located at 44-221 Jackson Street, Suite B, Indio, CA 92201 to allow the on and off premises sale of beer, wine, and of distilled spirits.
| 213 - 224 |
10.3 | Resolution No. 10285 approving Tentative Parcel Map No. 38293 (TPM 21-11-413) to subdivide a 5.66-acre parcel into two (2) separate parcels, located at 78-550 Varner Road (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Tentative Parcel Map No. 38293 (TPM 21-11-413) - Pdf | 225 - 260 |
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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NEXT COUNCIL / IWA MEETING: JUNE 15, 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 May 26, 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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