City of Indio AGENDA City Council / Indio Water Authority Wednesday, September 21, 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].
You may view the meeting via Livestream on the City’s website, Facebook Live, YouTube
or view and participate via Zoom
Webinar ID: 816 4063 8834 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 - 3:30 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, 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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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: Versed Development Group, LLC; Under Negotiation: Price and Terms of Payment
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3.3 | Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 82675 Indio Blvd, APN 611-151-003; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Alfredo Meza/Alicia Meza; Under Negotiation: Price and Terms of Payment
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3.4 | Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 82850 US Highway 111, APN 611-232-007; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Tony Jimenez; Under Negotiation: Price and Terms of Payment
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3.5 | Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45250 Smurr Street, APN 611-174-008; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Cipriano De La Cruz; 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: 45635 Smurr Street, APN 611-222-008; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Alfredo Meza/Alicia Meza; Under Negotiation: Price and Terms of Payment
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3.7 | Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 611-075-021 (south/west corner of Arabia Street and Leroy Way), Indio; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Chester Roaman; 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 | The Retail Coach Quarterly Update Presentation
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5.2 | Proclamation - Hispanic Heritage Month
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YOUTH ADVISORY COUNCIL (YAC) Emma Aguilar, Frida Arriaga, Sofia Campbell, Miabella Cansino, Kailey Cisneros, Anika Coronado, Stephanie DeJesus, Mia Garcia, Xitlali Lucero Natividad, April Nuñez Aceves, Taliyah Randolph, Aramis Jasso Rivera, Daniela Rodriguez, Vianca Terriquez, Victoria Terriquez, and Viviana Terriquez |
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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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8.1 | Low & Moderate Income Housing Asset Fund (LMIHAF)
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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 August 17, 2022 and Special Meeting of August 24, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 9 - 18 |
9.2 | 2022 Notice of Required Amendments to Conflict of Interest Code (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - 2022 Notice of Required Amendments to Conflict of Interest Code - Pdf | 19 - 21 |
9.3 | City Warrants from 08.13.2022 thru 09.16.2022 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 08.13.2022 thru 09.16.2022 - Pdf | 22 - 66 |
9.4 | IWA Warrants from 08.03.2022 thru 09.06.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 08.03.2022 thru 09.06.2022 - Pdf | 67 - 75 |
9.5 | Professional Services Agreement with Sierra Controls, LLC for Supervisory Control and Data Acquisition (SCADA) system maintenance for a not-to-exceed annual amount of $75,000 with the option to renew for two (2) consecutive one-year extension terms at IWA’s discretion for a total not-to-exceed $225,000 over the three-year period (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - PSA - Sierra Controls, Inc. for SCADA System - Pdf | 76 - 92 |
9.6 | Amendment No. 1 to the existing Professional Services Agreement with DRP Engineering, Inc. in the amount of $150,000 for professional construction engineering services, new treatment facility constructability reviews, and construction management support services to implement the approved Capital Improvement Program and Chromium 6 Program (Rey Trejo, IWA General Manager) Recommendation: Approve
| 93 - 101 |
9.7 | Purchase and Sale Agreement and Joint Escrow Instructions between the City of Indio and Murphy 230 Land Company, in the amount of $86,872, for the purchase of an approximate 8,244 square foot portion of parcel identified as APN 616-130-034, to facilitate the construction of the Madison Street Improvement Project between Highway 111 and Avenue 48 (ST503C) (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - P&S Agrmt - Murphy 230 Land Co. (ST503C) - Pdf | 102 - 134 |
9.8 | Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, between Madison Street and Monroe Street (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Reso. No.10327 - Renaming of Avenue 51 to Haagan Way - Pdf | 135 - 141 |
9.9 | Professional Services Agreement in a time and materials not to exceed amount of $147,400 with HdL Companies for the provision of licensing assistance services for Cannabis Storefront Retail Business Permits (Kevin Snyder, Director of Community Development) Recommendation: Approve
| 142 - 180 |
9.10 | Approval of Purchase and Sale Agreement with Chester A. Roaman (or his Successor/s) in the not to exceed amount of $75,000 for property located at the south/west corner of Arabia Street and Leroy Way (Assessor Parcel Number 611-075-021), and finding of conformity with the General Plan (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Purchase and Sale Agreement (APN 611-075-021) - Pdf | 181 - 198 |
9.11 | Second Reading of Ordinance No. 1782 repealing Chapter 150 (Billboards and Signs) and Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and adopting the City of Indio Unified Development Code as the signage and zoning regulations for the City of Indio and repealing the current citywide zoning map and adopting a new citywide zoning map (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Sec. Reading of Ord No. 1782 - Unified Development Code - Pdf | 199 - 588 |
9.12 | Purchase of furniture, fixtures, and equipment (FF&Es) for the Public Safety Campus with GM Business Interiors (GMBI) for $1,980,835 (Scott Trujillo, Deputy City Manager) Recommendation: Approve
Staff Report - FF&E purchases for the Public Safety Campus - Pdf | 589 - 952 |
9.13 | Resolution No. 10328 establishing criteria for financial and in-kind assistance to outside entities and authorizing the City Manager to execute such agreements in form of sponsorships, grants, fee waivers, and in-kind contributions (Scott Trujillo, Deputy City Manager) Recommendation: Approve
Staff Report - Reso No. 10328 Funding to Outside Agencies - Pdf | 953 - 965 |
9.14 | Consideration of Pre-Development Agreement with Palm Springs Motors for a potential Mazda dealership in Indio (Bryan H. Montgomery, City Manager) Recommendation: Approve
| 966 - 973 |
9.15 | Agreement for contractual services between the City of Indio and Riverside University Health System-Behavioral Health for crisis triage behavioral health services in an amount not to exceed $138,052 over a three-year term (Michael Washburn, Chief of Police) Recommendation: Approve
Staff Report - Agreement with Riverside University Health System-Behavioral Health. - Pdf | 974 - 985 |
9.16 | Approve the purchase from Long Beach BMW Motorcycles in the amount of $121,482.51 for three (3) new 2023 R 1250 RT-P BMW Police motorcycles (Michael Washburn, Chief of Police) Recommendation: Approve
Staff Report - Purchase from Long Beach BMW Motorcycles - Pdf | 986 - 995 |
9.17 | 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) (Steven P. Graham, City Attorney) Recommendation: Approve
Staff Report - Reconsideration of Covid state of emergency - Pdf | 996 - 997 |
ADMINISTRATIVE ITEMS |
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10.1 | Re-Introduction 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 Re-Introduced Ordinance No. 1779 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Kevin Snyder, Director of Community Development) Recommendation: Approve Re-Introduction & Waive Full Reading
| 998 - 1011 |
10.2 | Re-Introduction 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 Re-Introduced Ordinance is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines 15060(c)(3) (Kevin Snyder, Director of Community Development) Recommendation: Approve Re-Introduction & Waive Full Reading
| 1012 - 1084 |
PUBLIC HEARINGS |
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11.1 | Substantial Amendment to FY2021/2022 Annual Action Plan as necessary to reprogram $155,070.83 in unspent prior-year CDBG-CV1 Funds (Kevin Snyder, Director of Community Development) Recommendation: Approve
| 1085 - 1091 |
11.2 | First Reading of Ordinance No. 1783 approving a Development Agreement between the City of Indio and HCL Indio Land Development, LLC and finding said adoption is exempt from further environmental review pursuant to the provisions of Section 15004 of the California Environmental Quality Act (CEQA) Guidelines for the development of approximately 19.04 Acres of city-owned property located south of the Indio Grand Marketplace (formerly known as the Indio Fashion Mall) generally located west of Monroe Street, east of Rubidoux Street and north of John Nobles Avenue (Carl S. Morgan, Director of Economic Development) Recommendation: Approve Introduction & Waive Full Reading
Staff Report - Ordinance. No. 1783 - DA w/ HCL Indio Land Development, LLC - Pdf | 1092 - 1171 |
11.3 | Resolution No. 10325 making a Finding of Consistency with the Program Final Environmental Impact Report (FEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Resolution No. 10325 - Finding of Consistency - Pdf | 1172 - 1278 |
11.4 | Resolution No. 10326 adopting the Highway 111 Corridor Specific Plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan 300 (MUSP-300) (Kevin Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Resolution No. 10326 - Adoption of Highway 111 Corridor Specific Plan - Pdf | 1279 - 1610 |
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: OCTOBER 5, 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 September 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 |
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