City of Indio AGENDA City Council / Indio Water Authority Wednesday, July 20, 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
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].
View the meeting via Livestream on the City’s website, Facebook Live, YouTube
or view and participate via Zoom
Webinar ID: 839 4108 4769 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
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; the four properties are located at the northwest corner of Oasis Street and Bliss Avenue; 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
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3.2 | Conference with Real Property Negotiators, Government Code Section 54956.8; the ten properties are located between Oasis Street and Towne Street, south of Miles Avenue APNs 611-172-003, 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, Indio, 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 611-142-004 (east 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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3.4 | Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 616-130-006 (west of Clinton Street and south of Highway 111), Indio; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Liberty Star Management; Under Negotiation: Price and Terms of Payment
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3.5 | Conference with Real Property Negotiators, Government Code Section 54956.8; the property is located at the southeast corner of Fargo Street and Civic Center Drive; APN: 611-214-004, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Angel View, Inc.; Under Negotiation: Price and Terms of Payment
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3.6 | Conference with Legal Counsel - Anticipated Litigation; Government Code Section 54956.9(c); Initiation of Litigation, 1 case
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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 | VFW Post 3699 Awards: Firefighter of the Year 2021-22 and Law Enforcement Officer of the Year 2021-22, presented by VFW Post 3699
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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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APPOINTMENTS |
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7.1 | Designation of Voting & Alternate Delegates for League of California Cities Annual Conference September 7 - 9, 2022
| 9 - 13 |
7.2 | Appointment to the Planning Commission by Mayor Fermon
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7.3 | Appointment to the Sustainability Commission by Councilmember Miller
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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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9.1 | Minutes for City Council meeting of June 15, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 14 - 22 |
9.2 | City Warrants from 06.14.2022 thru 07.14.2022 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 06.14.2022 thru 07.14.2022 - Pdf | 23 - 70 |
9.3 | Q3 FY22 Report of Investments (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
| 71 - 116 |
9.4 | Resolution No. 10307 rescinding authorization to issue Pension Obligation Bonds and the Validation Action (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Approve
| 117 - 119 |
9.5 | IWA Warrants from 06.01.2022 thru 07.05.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 06.01.2022 thru 07.05.2022 - Pdf | 120 - 133 |
9.6 | Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for as-needed water meters and meter parts during Fiscal Year 2022-2023 in an amount not to exceed $350,000 (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - Supplier Agreement with Ferguson Enterprises, LLC - Pdf | 134 - 154 |
9.7 | Professional Services Agreement with McDonald Electric, Inc. for electrical repair services for a not-to-exceed annual amount of $80,000 for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on June 30, 2025 (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - Professional Services Agreement with McDonald Electric, Inc. - Pdf | 155 - 182 |
9.8 | Professional Services Agreement with HASA, Inc., for sodium hypochlorite supply for a not-to-exceed amount of $125,000 annually for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on June 30, 2025 (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - Professional Services Agreement with HASA, Inc. - Pdf | 183 - 196 |
9.9 | Professional Services Agreements with Layne Christensen Company, Legend Pump & Well Service, Inc., and South West Pump & Drilling, Inc. for well maintenance and repair services for a not-to-exceed amount of $125,000 annually for three (3) years and two (2) additional one (1) year extensions with the first term commencing on July 20, 2022 and terminating on June 30, 2025 (Rey Trejo, IWA General Manager) Recommendation: Approve
| 197 - 245 |
9.10 | Purchases from Ferguson Waterworks, Core & Main, Dangelo Company, United Waterworks, Inc. and Western Waterworks for as-needed waterworks parts and supplies for a combined not-to-exceed amount of $360,000 in accordance with the approved budget for FY 2022-2023 (Rey Trejo, IWA General Manager) Recommendation: Approve
| 246 - 247 |
9.11 | Purchase of cellular data and voice services from Verizon Wireless for three years not to exceed $135,000 per year (Ian Cozens, Information Technology Director) Recommendation: Approve
Staff Report - Verizon Wireless three years purchase of services - Pdf | 248 - 249 |
9.12 | Resolution No.10283 of the City Council declaring certain property surplus land in the downtown area and finding that such declaration is exempt from environmental review under the California Environmental Quality Act (Carl S. Morgan, Director of Economic Development) Recommendation: Approve
Staff Report - Resolution No.10283 of Surplus Property - Pdf | 250 - 255 |
9.13 | Approve the Disposition and Development Agreement with HCL Indio Land Development, LLC for approximately 15.35 acres of land valued at $2,173, 210 located south of Highway 111 on John Nobles Avenue between Monroe Street and Rubidoux Street and finding that the sale of the property is in conformity with the General Plan (Carl S. Morgan, Director of Economic Development) Recommendation: Approve
| 256 - 343 |
9.14 | Resolution No. 10272 approving certain speed surveys and establishing speed limits in accordance with those surveys on various streets within the City (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Resolution No. 10272 - Speed surveys and establishing speed limits - Pdf | 344 - 362 |
9.15 | Final Tract Maps for LGI Homes-California, LLC, Tract Map Nos. 37075 and 37076, generally located on the south side of Avenue 42 and east and west of Jefferson Street (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 363 - 366 |
9.16 | Revised Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments and the City of Indio for work related to the ATP Arts and Music Line (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Revised Reimbursement Agreement - ATP Arts and Music Line - Pdf | 367 - 395 |
9.17 | Amendment Number One to the Reimbursement Agreement between the City of Indio and the Coachella Valley Association of Governments (CVAG) for the Avenue 44 Bridge Project (Project No. BR1101), increasing CVAG’s share of costs by $1,561,740 and reducing the City’s share at equal amount (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Amendment No. 1 - Reimbursement w/ CVAG for Project No. BR1101 - Pdf | 396 - 402 |
9.18 | Resolution No. 10308, approving the application for U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA) 2022 Bridge Investment Program (BIP) (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 403 - 408 |
9.19 | Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $102,250 and adopt Resolution No. 10309 approving the grant award and authorizing the City Manager or his designee to execute the necessary grant documents on behalf of the City of Indio (Mike Washburn, Chief of Police) Recommendation: Approve
| 409 - 426 |
9.20 | Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $124,624.78 and Adopt Resolution No. 10310 designating and authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio (Mike Washburn, Chief of Police) Recommendation: Approve
| 427 - 442 |
9.21 | 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 | 443 - 444 |
ADMINISTRATIVE ITEMS |
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10.1 | Ordinance 1781 adjusting City Council compensation following the November 2022 municipal election and amending the Indio Municipal Code (Bryan H. Montgomery, City Manager) Recommendation: Approve
Staff Report - Ordinance 1781 adjusting City Council Compensation - Pdf | 445 - 448 |
10.2 | Resolution No. 10294 declaring the north-eastern portion of Assessor Parcel Number 611-142-004 generally located east of Arabia Street and south of Leroy Way to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A), and authorizing the City Manager to negotiate and execute an Exclusive Negotiating Agreement (ENA) with Linc Housing for the potential development of affordable rental housing (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Resolution No. 10294 -Linc Housing (APN 611-142-004) Exempt Surplus Land - Pdf | 449 - 454 |
10.3 | Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 generally located west of Clinton Street and south of Highway 111 to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A) and authorizing the City Manager to negotiate and execute an Exclusive Negotiating Agreement (ENA) with Liberty Star Management for the potential development of affordable rental housing (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Resolution No. 10316 -Liberty Star Mgmt (APN: 616-130-006) Exempt Surplus Land - Pdf | 455 - 461 |
10.4 | Resolution No. 10313 determining the number of Cannabis Storefront Retail Business Program Permits to be issued in the City and determining that establishment of the number of permits to be issued is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(B)(3) (Kevin Snyder, Director of Community Development) Recommendation: Approve
| 462 - 466 |
10.5 | Resolution No. 10314 establishing procedure guidelines and review criteria to govern the application and selection process for Cannabis Storefront Retail Business Program Permits and determining that the adoption of these procedure guidelines and review criteria is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Kevin Snyder, Director of Community Development) Recommendation: Approve
| 467 - 483 |
10.6 | Review and discussion of and possible direction for the establishment of a Cannabis Storefront Retail Business Program Fee Schedule (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Discussion of Fee Schedule for Cannabis Storefront Retail Business Program - Pdf | 484 - 489 |
PUBLIC HEARINGS |
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11.1 | Resolution No. 10311 approving Engineer’s Annual Levy Report for the Landscape and Lighting Districts (Numbers 01-22, 24-29, and 31-54) and Resolution No. 10312 ordering the levy and collection assessments within the fifty-two Landscape and Lighting Districts for Fiscal Year 2022-23 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
| 490 - 556 |
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: AUG. 17, 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 July 14, 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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