City of Indio
City Council / Indio Water Authority Minutes
Wednesday, May 18, 2022
Mayor Waymond Fermon called to order the study session meeting of the City Council for the City of Indio and the Indio Water Authority, at 2:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
STUDY SESSION - 2 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz*
Councilmember Glenn Miller
Councilmember Elaine Holmes
Absent:
Councilmember Lupe Ramos Amith
2. PLEDGE OF ALLEGIANCE led by City Manager Bryan H. Montgomery
3. PUBLIC COMMENT
Ed Komski spoke on the need of pickle ball courts.
4. DISCUSSION ITEMS
4.1 FY 2022-23 City Budget and Capital Project Prioritization City Manager Bryan Montgomery introduced the item, Assistant City Manager & Director of Finance Rob Rockwell provided a brief recap of the May 4, 2022 Study Session and City Manager Montgomery provided a detailed presentation of the remaining City Council Priority projects for Fiscal Year 2022-2023.
CLOSED SESSION - 4 PM
Mayor Waymond Fermon called to order the closed session meeting of the City Council for the City of Indio and the Indio Water Authority, at 4:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz*
Councilmember Glenn Miller
Councilmember Elaine Holmes
Absent:
Councilmember Lupe Ramos Amith
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*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.
2. PUBLIC COMMENT None
3. ADJOURN TO CLOSED SESSION TO CONSIDER:
3.1 Conference with Real Property Negotiators, Government Code Section 54956.8; City of Indio property located on the northeast corner of Monroe Street and John Nobles Avenue: APNs: 614-100-001, 614-100-002, 614-100-003, 614-100-004, 614-100-005, 614-100-006, 614-100-007, 614-100-008, 614-100-009, 614-100- 010, 614-100-011, 614-100-012, 614-100-013, 614-100- 018, 614-100-019, 614-100-020, 614-100-021, 614-100-022, 614-100-023, 614-100-024, 614- 101- 001, 614-101-002, 614-101-003, 614-101-004, 614-101-005, 614-101-006, 614- 101-007, 614-101-008, 614-101-009, 614-101-010, 614-101-011, 614-101-012, 614-101-013, 614-101- 014, 614-101-016, 614-101-017, 614-101-018, 614-101- 019, 614-101-020, 614-101-021, 614- 101-022, 614-101-023, 614-101-024, 614-101-025, 614-101-026, 614-101-027, 614-101-028, 614-101-029, 614-101- 030, 614-101-031, 614-101-032, 614-101-033, 614-101-034, 614101- 035, 614- 101-036, 614-101-037, 614-101-038, and 614-101-039; City of Indio Negotiator:
Bryan H. Montgomery, City Manager; Negotiating Party: HCL Indio Marketplace, LLC; Under Negotiation: Price and Terms of Payment.
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: Coachella Valley Development Partners, LLC, by Mr. David Schuman; Under Negotiation: Price and Terms of Payment
3.3 Conference with Real Property Negotiators, Government Code Section 54956.8; nine properties are 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, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: F-W LLC; Under Negotiation: Price and Terms of Payment
3.4 Conference with Real Property Negotiators, Government Code Section 54956.8; APNs 611-164-006, 611-164-007, 611-164-009, and 611-164-017, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: S. L.
G. R. Development, Inc.; Under Negotiation: Price and Terms of Payment REGULAR SESSION - 5 PM
Mayor Waymond Fermon called to order the regular meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:11 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
1. CALL TO ORDER AND ROLL CALL
Present:
Minutes for City Council meeting of May 18, 2022 (Sabdi Sanchez, City Cl... Page 11 of 260 City Council / Indio Water Authority
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Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz
Councilmember Glenn Miller
Councilmember Elaine Holmes
Absent:
Councilmember Lupe Ramos Amith
*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.
City Staff Present:
Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. Of Finance, Scott Trujillo, Deputy City Manager, Roxanne Diaz, City Attorney, Timothy T.
Wassil, Dir. of Public Works, Andrew Ansoorian, Dir. of Human Resources & Risk Management, Kevin H. Snyder, Dir. of Community Development, Sabdi Sanchez, City Clerk Administrator and Vanessa Castillo, City Clerk Specialist.
2. INVOCATION None
3. PLEDGE OF ALLEGIANCE led by Chief Mike Washburn
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Roxanne Diaz reported Council met in Closed Session to discuss the items listed therein and there was no reportable action.
5. PRESENTATIONS
5.1 Presentation by GFWC Woman's Club of Indio
Mickie Reed, 75th President of the Women's Club presented a presentation for council.
5.2 Proclamation for Nurses Week at JFK and National Foster Care Awareness Month
Mayor Fermon presented a Proclamation to Brianna Miller for National Foster Care Awareness Month and a Proclamation to The JFK Nursing Leadership Group in recognition of Nurses Week at John F. Kennedy Memorial Hospital.
6. YOUTH ADVISORY COUNCIL (YAC)
Youth Advisory Council member, Daniela Rodriguez provided an update on the most recent events that YAC participated in, which included a hike at the Indio Badland Trail to promote awareness of Mental Health Wellness and indicated that applications are now being accepted for the Youth Advisory Council for the 2022-2023 school year.
7. 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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Councilmember Miller had no report.
Councilmember Holmes reported on the Coachella Valley Conservation Commission.
Mayor Pro Ortiz reported on the W.E.L.L Program regarding water issues, the CVAG Energy and Environment Association.
Mayor Fermon reported on SCAG Regional Conference, CVAG Public Safety Committee and the African American Advisory Meeting.
8. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reported his first year anniversary as the City Manager for the City as well as the City’s 92nd Anniversary.
9. CONSENT CALENDAR
9.1 Minutes for City Council meeting of May 4, 2022
9.2 City Warrants from 05.03.2022 thru 05.16.2022 Received & Filed
9.3 IWA Warrants from 04.20.2022 thru 05.03.2022 Received & Filed
9.4 2022 Memorandum of Understanding for integrated regional water management planning and funding in the Colorado River Basin Funding Area
9.5 Water Improvement Agreement, Performance and Payment Bonds, and Grant of Easement from Canopy, LP for Canopy at Citrus, APN 602-090-006 located near the northeast corner of Jefferson St and Ave. 50 in the amount of $318,270
9.6 Second Reading of Ordinance No. 1778, Adding Chapter 51A (Mandatory Organic Waste Disposal Reduction) to Title V of the Indio Municipal Code
9.7 City of Indio Sustainability Commission Sustainability Plan and 2022 Annual Work Plan
9.8 Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG) at a cost estimated at $900,000 for the Preliminary Design and Environmental Studies phase for the Avenue 50 widening from Jefferson Street to Jackson Street Project, Project No.
ST2004
9.9 Task Orders with Hermann Design Group, Albert A. Webb Associates, Geocon West, and NAI Consulting, for consulting services to begin the final design of the Indio Sports Park (Project No. PK-SPORTS) in an amount not to exceed $534,493
9.10 9.11
Resolution No. 10282 adopting a list of projects to be funded by Senate Bill 1, Road Repair and Accountability Act of 2017 [ITEM PULLED] Cooperative Agreement between the City of Indio and City of La Quinta for the Design and Construction of Three Projects with Shared City Jurisdiction
9.12 Approval of a Building Lease Agreement with Beer Buds, Inc. for the property located at 82-921 Indio Boulevard, and finding of conformity with the General Plan
Mayor Pro Tem Ortiz pulled Item 9.7 – Timothy T. Wassil, Director of Public Works provided the staff report and Sara Toyoda, Environmental Programs Coordinator provided background.
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Motion made by Councilmember Miller, seconded by Councilmember Holmes to approve Consent Calendar Items 9.1 thru 9.12, with the exception of Item 9.10 - Resolution No. 10282 which will be continued to the next City Council Meeting of June 1, 2022, and approving Ordinance No. 1778, as presented by Roll Call.
Carried unanimously. 4/0/1
*Councilmember Holmes abstained from Item 9.12 as she owns property within 500ft.
10. PUBLIC HEARINGS
10.1 Approve Resolution No. 10278 authorizing the levy of a special tax for City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and annexation areas thereto; the City of Indio Community Facilities District No. 2004-2 (Law Enforcement, Fire and Paramedic Services); Resolution No. 10279 Community Facilities District No. 2004-3 (Terra Lago Area No. 1); Resolution No. 10280 Community Facilities District No. 2005-1 (Talavera Area No. 1 and No. 2); and Resolution No. 10281 Community Facilities District No. 2006-1 (Sonora Wells) for fiscal year 2022/23.
Rob Rockwell, Assistant City Manager & Director of Finance presented the staff report.
Mayor Fermon opened and closed the Public Hearing at 5:11 p.m. with no public comments.
Discussion ensued.
Motion made by Councilmember Miller, seconded by Mayor Pro Tem Ortiz with Councilmember Ramos Amith Absent, to approve Item 10.1, Resolution Nos. 10278, 10279, 10280 and 10281, as presented by Roll Call. 3/1/1 **Councilmember Holmes abstained from Item 10.1 as she owns property within 500ft.
10.2 Ordinance No. 1779 Amending Chapter 159 (Zoning Regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis NonStorefront 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 Snyder, Director of Community Development presented the staff report.
Mayor Fermon opened the Public Hearing at 6:10 p.m.
Public comments provided by the following:
1. Christopher Martinez (via zoom)
Mayor Fermon closed the Public Hearing at 6:12 p.m.
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Discussion ensued.
Motion made by Mayor Pro Tem Ortiz, seconded by Councilmember Miller with Councilmember Ramos Amith Absent, to approve Item 10.2, the Introduction of Ordinance No. 1779, waive full reading, as presented by Roll Call. 3/1/1
11. ADMINISTRATIVE ITEMS
11.1 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)
Kevin Snyder, Director of Community Development presented the staff report.
Public comments provided by the following:
1. Ken Churchill
2. Pedro Ordonez*
3. Ana Gaeta*
4. Christopher Martinez*
Discussion ensued, with revisions proposed for onsite consumption, signage, hours of operation, background checks and cameras/24-hour security requirement.
Revisions to Ordinance: Eliminate background checks for employees, delete sentence on onsite consumption provision, onsite consumption of cannabis is permitted, change hours of operation from 6am to 10pm.
Motion made by Mayor Pro Tem Ortiz, seconded by Councilmember Miller to waive full reading, and introduce Ordinance No. 1780, as amended by the City Attorney. Councilmember Ramos Amith was absent and Councilmember Holmes Opposed. Roll Call Vote 3/1/1.
12. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments were provided by the following:
1. Adrian Davila (Avenue 38 Traffic Concerns)
2. Felicia Nunez (Salton Sea)
3. Chuck Parker (Salton Sea)
4. Analisa Vargas* (Soccer Fields)
5. Alejandro De La Cruz* (Public Transportation)
6. Sandra Tolento* (Translators/Parks)
7. Emily Falappino (GCVCC)
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13. ADJOURN
There being no further business to discuss Mayor Fermon adjourned the regular joint meeting at 7:33 p.m.
Respectfully Submitted,
SABDI SANCHEZ, CMC,
CITY CLERK ADMINISTRATOR
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