City of Indio AGENDA City Council / Indio Water Authority Wednesday, June 15, 2022 @ 5:00 PM Council Chamber, 150 Civic Center Mall |
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The City Council serves as the Board to the Indio Water Authority, Indio Housing Authority and Indio Public Finance 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: 852 2606 9222 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 | Discuss Citywide Sponsorships and Grants Policy
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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; 45110 and 45130 Oasis Street, Indio (a portion of APN 611- 172- 003 located on the west side of Oasis Street just south of Miles Avenue); City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: The Greater Coachella Valley Chamber of Commerce; Under Negotiation: Price and Terms of Payment
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3.2 | Public Employee Performance Evaluation pursuant to Government Code Section 54957. Title of Position: City Manager
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3.3 | Conference with Labor Negotiator, Government Code Section 54957.6; City Negotiator: Mayor Waymond Fermon; Unrepresented Employee: City Manager
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3.4 | Conference with Legal Counsel, Existing Litigation, Government Code Section 54956.9(d)(1); City of Indio v. All Persons Interested in the Matter of the Issuance and Sale of Bonds for the Purpose of Refunding Certain Obligations Owed by the City of Indio to the California Public Employees' Retirement System under the Public Employees' Retirement Law, and All Proceedings Leading Thereto, Including the Adoption of Resolution No. 10271 of the City Council of the City of Indio Authorizing the Issuance and Sale of Such Bonds; Riverside Superior Court Case No. CVPS2106546
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3.5 | Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 611-075-015 and 611-075-022 (west of Arabia Street and south of Leroy Way), Indio; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Linc Housing; Under Negotiation: Price and Terms of Payment
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3.6 | 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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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 | Fundraiser Donation by Elks Lodge #1643
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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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7.1 | Employee Retention Report by HR & PD
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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 June 1, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 9 - 16 |
8.2 | City Warrants from 05.28.2022 thru 06.13.2022 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 05.28.2022 thru 06.13.2022 - Pdf | 17 - 31 |
8.3 | IWA Warrants from 05.18.2022 thru 05.31.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 05.18.2022 thru 05.31.2022 - Pdf | 32 - 38 |
8.4 | Direct Staff to review the City's Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act. (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Biennial Review of the Conflict of Interest Code - Pdf | 39 - 40 |
8.5 | Professional Services Agreement with Eurofins Eaton Analytical, Inc. for analytical laboratory services in a not-to-exceed amount of $120,000 annually in accordance with the approved budgets (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - PSA with Eurofins Eaton Analytical, Inc. - Pdf | 41 - 66 |
8.6 | Authorize the Executive Director to sign the First Supplement to the Memorandum of Understanding regarding collaboration on the Coachella Valley Salt and Nutrient Management Plan with cost share amount of $209,941.92 (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - First Supplement to MOU - CV Salt and Nutrient Mgmt Plan - Pdf | 67 - 74 |
8.7 | Amendment No. 1 to the Professional Services Agreement with CA Consulting Services, LLC in the amount of $160,000 for engineering technical advisory and program management support services to implement the approved Capital Improvement Program (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - Amendment No. 1 to the PSA with CA Consulting Services, LLC - Pdf | 75 - 80 |
8.8 | Amendment No. 3 to the agreement with Winbourne Consulting in an amount not to exceed $110,000 (Ian Cozens, Director of Information Technology) Recommendation: Approve
Staff Report - Amendment No. 3 to Consulting Agreement with Winbourne Consulting - Pdf | 81 - 85 |
8.9 | Five year agreement between Desert Theatreworks Corporation and the City of Indio to operate the Indio Performing Arts Center in an annual amount of $80,748 (Scott Trujillo, Deputy City Manager) Recommendation: Approve
| 86 - 97 |
8.10 | Construction Contract with Urban Habitat for the Indio Teen Center Improvements Project (Project No. BD2205); in the amount of $198,616.54, and a 10% contingency in the amount of $20,000, allowing for unexpected costs, for a total amount of $218,616.54 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Construction Contract with Urban Habitat (Project No. BD2205) - Pdf | 98 - 101 |
8.11 | Construction contract with Elecnor Belco Electric, Inc. for the Monroe Street and Avenue 41 Traffic Signal Project, (Project No. TS2001) in the amount of $434,844, and a 10% contingency of $43,484.40, allowing for unexpected costs, for a total amount of $478,328.40 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Contract w/ Elecnor Belco Electric, Inc. (Project No. TS2001) - Pdf | 102 - 106 |
8.12 | Resolution No. 10298 & Resolution No. 10299 initiating proceedings for Landscape and Lighting Districts Numbers 01-22, 24-29, and 31-54; proceedings relative to levying annual assessments for Fiscal Year 2022-2023 and Resolution No. 10300 setting the public hearing for July 20, 2022 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 107 - 317 |
8.13 | Amendment No. 1 to the Agreements for Professional Services with Civil Engineering Services with Michael Baker International, Inc., NAI Consulting, Inc., Albert A. Webb Associates, Hartzog & Crabill, Inc., and KOA Corporation, to increase the not-to-exceed amounts per fiscal year and revising certain rates up to $600,000 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Amendment No. 1 for Civil Engineering Services - Pdf | 318 - 341 |
8.14 | Construction contract with Granite Construction Company for the Herbert Hoover Elementary School Pedestrian Improvements Project (Project No. SW1801); in the amount of $5,752,575, and a 10% contingency of $575,257.50, allowing for unexpected costs, for a total amount of $6,327,832.50 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Contract w/ Granite Construction Company - Project No. SW1801 - Pdf | 342 - 347 |
8.15 | Resolution No. 10295 agreeing to Jointly Exercise Powers of Eminent Domain with the County of Riverside and Act as Lead Agency and Amendment Number Five to the Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG), the City of Indio, and the County of Riverside in the amount of $6,572,000 for the Monroe Street / Interstate 10 Interchange Project, City Project Number ST0801 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Resolution No. 10295 - City Project Number ST0801 - Pdf | 348 - 358 |
8.16 | Amendment No. 3 to the Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG), the City of Indio, and the County of Riverside for the Jackson Street / Interstate 10 Interchange Project, City Project Number ST0701 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Amendment No. 3 w/ CVAG - City Project Number ST0701. - Pdf | 359 - 363 |
8.17 | Amendment No. 1 to the Professional Services Agreements with Hermann Design Group, Inc., Greenwood Transportation Engineers, Inc., and Epic Land Solutions, Inc. increasing the compensation and revising certain rates for the performance of various as-needed Professional Services (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Amendment No. 1 to PSAs w/ Hermann Design, Greenwood Trans & Epic Land - Pdf | 364 - 378 |
8.18 | Contract for Service Agreement between the City of Indio and the Indio Chamber of Commerce and the Greater Coachella Valley Chamber of Commerce in the amount $142,500 (Carl S. Morgan, Director of Economic Development) Recommendation: Approve
| 379 - 393 |
8.19 | 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 | 394 - 395 |
PUBLIC HEARINGS |
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9.1 | City Council/Indio Water Authority Joint Resolution No. 10292 and IWA Resolution No. 2022-78, adopting the Fiscal Year 2022-2023 Operating and Capital Improvement Budget and Program and Supplemental Water Supply Program (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - Joint Resolution No. 10292 and IWA Resolution No. 2022-78 - Pdf | 396 - 491 |
9.2 | Resolution No. 10296 to increase Solid Waste Charges for Residential and Commercial Customers for Fiscal Years 2022-23 through 2026-27; adopting Resolution No. 10297 Levying the Annual Waste Charges for Fiscal Year 2022-23 and Ordering the Collection of the Residential Charges on the County Tax Roll for Fiscal Year 2022-23; Consideration of the Draft Amended and Restated Franchise Agreement between the City of Indio and Burrtec Waste and Recycling Services, LLC for Solid Waste Collection Service (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Resolution No. 10296 & 10297 - Solid Waste Collection Service - Pdf | 492 - 659 |
9.3 | City Resolutions Nos. 10302, 10303, 10304, 10305 and Indio Housing Authority Resolution 2022-13 adopting for Fiscal Year 2022-2023, the Operating and Capital Budget, the Capital Improvement Program, the Appropriations Limit, the Citywide Classification and Compensation Plan and the Operating Budget for the Indio Housing Authority (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Approve
Staff Report - FY 2022-23 Recommended Operating and Capital Improvement Budget - Pdf | 660 - 678 |
9.4 | Resolution No. 10301 of City Council of the City of Indio and a Resolution No. 2022-13 of the Board of Directors of the Indio Public Financing Authority, each authorizing the issuance and sale of Lease Revenue Bonds, Series 2022A and Series 2022B (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Approve
| 679 - 1108 |
9.5 | Resolution No. 10293 - Consideration of the Appeal of May 11, 2022 Planning Commission Approval of the Boulders West, LLC. Design Review (Case No. DR 22-02-495) to allow a 65,000 square foot warehouse located on the southwest corner of Avenue 45 and Golf Center Parkway, and find the Project exempt from environmental review pursuant to Section 15332 of the CEQA Guidelines (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Resolution No. 10293 Appeal of DR 22-02-495 - Boulders West LLC - Pdf | 1109 - 1168 |
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: JULY 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 June 9, 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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