City of Indio AGENDA City Council / Indio Water Authority Wednesday, October 5, 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, Facebook Live, YouTube
or view and participate via Zoom
Webinar ID: 839 9428 3662, 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, pursuant to California Government Code Section 54956.8; Property: 45110 Oasis Street, APN 611-172-003; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager, and Livescan Management Group dba GAP Signs; 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 | Presentation by Imperial Irrigation District (IID)
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5.2 | Proclamation - Fire Prevention Week, October 9 - 15, 2022
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5.3 | Proclamation - Indigenous Peoples' Day, October 10, 2022
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5.4 | Proclamation - Community Planning Month
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5.5 | Proclamation - Breast Cancer Awareness Month
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YOUTH ADVISORY COUNCIL (YAC) Frida Arriaga, Sofia Campbell, Miabella Cansino, Kailey Cisneros, 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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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 September 21, 2022 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 7 - 15 |
9.2 | 2023 City Council Meeting Calendar (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
| 16 - 17 |
9.3 | Resolution No. 10331, approving a program for accepting electronic or digital signature in lieu of a written "wet" signature (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Reso No. 10331 - Electronic Signature Use Policy - Pdf | 18 - 30 |
9.4 | City Warrants from 09.17.2022 thru 09.29.2022 (Rob Rockwell, Assistant City Manager & Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 09.17.2022 thru 09.29.2022 - Pdf | 31 - 56 |
9.5 | IWA Warrants from 09.07.2022 thru 09.20.2022 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 09.07.2022 thru 09.20.2022 - Pdf | 57 - 59 |
9.6 | Memorandum of Understanding (MOU) for implementation of the CV Water Counts Regional Water Conservation Program related to the Urban and Multi-Benefit Drought Relief Grant with fully reimbursable funds in the amount of $206,180 with budget adjustment (Rey Trejo, IWA General Manager) Recommendation: Approve
Staff Report - MOU - CV Water Counts Regional Water Conservation Program - Pdf | 60 - 74 |
9.7 | Accept the Street and Survey Monument Improvements and authorize release of the Surety for Lennar Homes of California, Inc., Tract Map No. 32135 (The Bridge at Jefferson) located at the southeast corner of Jefferson Street and Avenue 48 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Lennar Homes Final Acceptance of TM No. 32135 - Pdf | 75 - 78 |
9.8 | Deed Restriction on the parcel for Phase 1 of the Indio Sports Park Project, Project No. PK2203, Project No. PK2203 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Deed Restriction-Phase 1 of the Indio Sports Park - Pdf | 79 - 101 |
9.9 | Construction Contract with Shade Structures, Inc. in the amount of $120,223.26, for the Davis Field #3 Shade Structures Project (Project No. PK2204) (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Construction Contract with Shade Structures, Inc. - Pdf | 102 - 157 |
9.10 | Construction Contract with Coast Recreation, Inc. in the amount of $164,654.35 for the Dominguez Park Playground Renovation Project (Project No. PK2205) (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Construction Contract with Coast Recreation, Inc. - Pdf | 158 - 219 |
9.11 | Resolution No. 10329 ratifying the submission of a grant proposal to the Coachella Valley Mountains Conservancy Proposition 1 Grant Program (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Reso No. 10329 - C.V. Mountains Conservancy Prop. - Pdf | 220 - 286 |
9.12 | Resolution No. 10330 for Code Enforcement to serve as the enforcement agency for AB 1276 within the City of Indio (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Reso No. 10330 - Code Enforcement for AB 1276 - Pdf | 287 - 291 |
9.13 | Resolution No. 10332 approving the designation of August 26th as "Hunter Lopez Day" in the City of Indio honoring the ultimate sacrifice Corporal Lopez made on August 26th, 2021, in Kabul, Afghanistan, as a U.S. Marine Corporal, where he was killed in action in service of his country (Bryan H. Montgomery, City Manager) Recommendation: Approve
| 292 - 294 |
9.14 | Second Reading of 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 H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Second Reading of Re-Introduction of Ordinance No. 1779 - Pdf | 295 - 308 |
9.15 | Second Reading of 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 H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Second Reading of Re-Introduction of Ordinance No. 1780 - Pdf | 309 - 381 |
9.16 | Second 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
Staff Report - Second Reading of Ordinance. No. 1783 - DA with HCL Indio Land Development, LLC - Pdf | 382 - 461 |
ADMINISTRATIVE ITEMS |
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10.1 | Ordinance No. 1784, adoption of 2022 California Building Standards (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Ordinance No. 1784 - 2022 Building Code - Pdf | 462 - 511 |
10.2 | Ordinance No. 1785 adopting by reference the 2022 edition of the California Fire Code with amendments and making findings that modifications to the California Fire Code are reasonably necessary because of local conditions (Bryan White, Fire Chief) Recommendation: Approve
| 512 - 527 |
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 19, 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 30, 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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