City of Indio
City Council / Indio Water Authority Minutes
Wednesday, July 20, 2022
CLOSED SESSION - 4 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz
Councilmember Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
*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; 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
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
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
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
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,
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City Manager; Negotiating Party: Angel View, Inc.; Under Negotiation: Price and Terms of Payment
3.6 Conference with Legal Counsel - Anticipated Litigation; Government Code Section 54956.9(c); Initiation of Litigation, 1 case
REGULAR SESSION - 5 PM
Mayor Waymond Fermon called to order both the special City Council meeting and the regular meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:06 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 Lupe Ramos Amith*
Councilmember Glenn Miller
Councilmember Elaine Holmes
*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, Mike Washburn, Chief of Police, Kevin H. Snyder, Dir. of Community Development, Timothy T. Wassil, Dir. of Public Works, Rey Trejo, IWA General Manager, Sabdi Sanchez, City Clerk Administrator and Vanessa Castillo, City Clerk Specialist.
2. INVOCATION Pastor Dave McCoy - Garden Fellowship
3. PLEDGE OF ALLEGIANCE led by Councilmember Glenn Miller
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Roxanne Diaz reported Council met in Special Closed Session at 12pm and Closed Session at 4pm to discuss the items listed therein and there were no reportable actions.
5. PRESENTATIONS
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 Leonard A. & Jonathan Rich from VFW Post 3699 presented awards to Cal-Fire Captain Robert Rubalcava for Firefighter of the Year and Indio Police Department Detective Bryan Trayham for Law Enforcement Officer of the Year for 2021-2022.
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6. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS
AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)
Councilmember Holmes had no report.
Councilmember Miller reported on East Valley Reclamation Authority (EVRA) and SunLine Transit Agency
Mayor Pro Tem Ortiz reported on Coachella Valley Economic Partnership.
Mayor Fermon reported on RCTC and General Assembly for CVAG. ***Councilmember Ramos Amith joined the meeting via zoom at 5:23 p.m.
7. APPOINTMENTS
7.1 Designation of Voting & Alternate Delegates for League of California Cities Annual Conference September 7 - 9, 2022
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to designate Mayor Fermon as primary and Mayor Pro Tem Ortiz as alternate for the League of California Cities Annual Conference, September 7-9, 2022, as presented by Roll Call. Carried unanimously.
7.2 Appointment to the Planning Commission by Mayor Fermon Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to appoint Gabriel Fajardo to the Planning Commission, as presented by Roll Call. Carried unanimously.
7.3 Appointment to the Sustainability Commission by Councilmember Miller Motion made by Councilmember Elaine Holmes, seconded by Mayor Pro Tem Oscar Ortiz to appoint Pete Chryss to the Sustainability Commission, as presented by Roll Call. Carried unanimously.
8. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery had no report.
9. CONSENT CALENDAR
9.1 9.2
9.3 9.4
9.5 Minutes for City Council meeting of June 15, 2022
City Warrants from 06.14.2022 thru 07.14.2022 Received & Filed Q3 FY22 Report of Investments Received & Filed
Resolution No. 10307 rescinding authorization to issue Pension Obligation Bonds and the Validation Action
IWA Warrants from 06.01.2022 thru 07.05.2022 Received & Filed 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
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9.6 9.7
9.8 9.9
9.10 9.11
9.12 9.13
9.14 9.15
9.16 9.17
9.18 9.19
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
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
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 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
Purchase of cellular data and voice services from Verizon Wireless for three years not to exceed $135,000 per year
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 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
Resolution No. 10272 approving certain speed surveys and establishing speed limits in accordance with those surveys on various streets within the City 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
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
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 Resolution No. 10308, approving the application for U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA) 2022 Bridge Investment Program (BIP)
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
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9.20 9.21
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
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)
Motion made by Mayor Pro Tem Oscar Ortiz, seconded by Councilmember Elaine Holmes to approve Consent Calendar Items 9.1 thru 9.21, approving Resolution Nos. 10272, 10283, 10307, 10308, 10309 and 10310, as presented by Roll Call. Carried unanimously.
10. ADMINISTRATIVE ITEMS
10.1 Ordinance 1781 adjusting City Council compensation following the November 2022 municipal election and amending the Indio Municipal Code Bryan Montgomery, City Manager presented the Staff Report.
Motion made by Mayor Pro Tem Oscar Ortiz, seconded by Councilmember Elaine Holmes, to approve Item 10.1, approving the Introduction of Ordinance No. 1781, and waive full reading and request the City Clerk to read the ordinance by title only, as presented by Roll Call. Carried unanimously.
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 introduced the item.
Jesus Gomez, Housing and Neighborhood Services Manager presented the PowerPoint presentation.
Motion made by Councilmember Elaine Holmes, seconded by Mayor Pro Tem Oscar Ortiz to approve Item 10.2, approving Resolution No. 10294, declaring the north-eastern portion of Assessor Parcel Numbers 611-142-004 (the “Site”), 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, 2) authorize the City Manager to negotiate and execute a 90-day Exclusive Negotiating Agreement (ENA) with Linc Housing with up to two 90-day term extensions to establish the terms of a potential Disposition and Development Agreement (DDA) for the development of an affordable rental housing project. as presented by Roll Call. Carried unanimously.
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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
Jesus Gomez, Housing and Neighborhood Services Manager presented the PowerPoint presentation.
Motion made by Mayor Pro Tem Oscar Ortiz, seconded by Councilmember Glenn Miller to approve Item 10.3, approving Resolution No. 10316, declaring Assessor Parcel Number 616-130-006, (the “Site”) 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, 2) authorize the City Manager to negotiate and execute a 90-day Exclusive Negotiating Agreement (ENA) with Liberty Star Management with up to two 90-day term extensions to establish the terms of a potential Disposition and Development Agreement for the development of an affordable rental housing project, as presented by Roll Call.
Carried unanimously.
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 presented the Staff Report.
Motion made by Mayor Pro Tem Oscar Ortiz, seconded by Councilmember Glenn Miller to approve Item 10.4, approving 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), as presented by Roll Call. Carried unanimously.
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 presented the Staff Report.
Public comments provided by the following:
1. Kenneth Churchill
2. Ana Gaeta (via zoom)
3. Chris Fahey
4. Christopher Martinez
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Kevin Snyder, and Ajay Kolluri, HDL Companies Consultant provided clarification and insight on a few questions that were raised during public comments.
Discussion of council ensued.
Attachment 1 - Section D (Qualification of Owners) to be amended per council recommendation.
Motion made by Mayor Pro Tem Oscar Ortiz, seconded by Councilmember Glenn Miller to approve Item 10.5, approving Resolution No. 10314 as amended, 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), as presented by Roll Call. Carried 4-0-1 with Councilmember Lupe Ramos Amith abstaining.
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 provided the staff report for review and discussion of Cannabis Fee Schedule.
Discussion of council ensued.
11. PUBLIC HEARINGS
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 Councilmember Elaine Holmes recused herself from the dais, as she owns property within 500ft.
Timothy T. Wassil, Director of Public Works presented the Staff Report.
Mayor Fermon opened and closed the Public Hearing at 6:50 p.m. with no comments.
Motion made by Councilmember Glenn Miller, seconded by Mayor Pro Tem Oscar Ortiz to approve Item 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) for Fiscal Year 2022/2023 & Resolution No. 10312, ordering the levy and collection of assessments within the fifty-two (52) Landscape and Lighting Districts for Fiscal Year 2022-23, as presented by Roll Call. Carried 4- 0-1 with Councilmember Elaine Holmes abstaining.
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12. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public comments provided by the following:
1. Jeremy Wittie (via zoom) – CV Mosquito & Vector Control GM
13. ADJOURN
There being no further business to discuss Mayor Fermon adjourned the regular and special joint meeting at 6:59 p.m.
Respectfully Submitted,
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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