City of Indio
AGENDA
City Council Special Meeting
Wednesday, August 24, 2022 @ 5:00 PM
VIRTUAL ZOOM MEETING
MISSION STATMENT
THE CITY OF INDIO'S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO
ENHANCE THE QUALITY OF LIFE FOR OUR RESIDENTS, VISITORS AND THE BUSINESS
COMMUNITY
The City Council meetings will be conducted strictly 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, or YouTube or view and participate via Zoom
Webinar ID: 899 9266 2839 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 during the virtual live session. Individual speakers are limited to three minutes each, unless, for good cause, the Mayor amends the tim e limit. To address the Council during the virtual live session via zoom, please email the City Clerk at [email protected]. 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. Your name 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 commen ts on agenda and non -agenda items, or both, may be submitted by email to the City Clerk at [email protected]. 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.
1. CALL TO ORDER AND ROLL CALL
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz
Councilmember Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
2. PLEDGE OF ALLEGIANCE
3. ACTION ITEMS
3.1 Adopt Resolution No. 10324, appointing the qualified candidates as elected for Councilmember Districts 2 and 4 as a result of having only one qualified candidate for each office during the nomination period for the November 8, 2022, General Municipal Election; or continue to hold t he election for Councilmember Districts 2 and 4 with one qualified candidate for each contest for the November 8, 2022, General Municipal Election (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - 2022 General Municipal Election – Councilmember Districts 2 and 4 Contests - Pdf
4 - 8
4. 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.
5. ADJOURN
NEXT COUNCIL / IWA MEETING: SEPTEMBER 21, 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 in the City Clerk's office 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. No tification 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 f ashion, 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 p ublic.
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 August 19, 2022, at least twenty - four (24) 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
City of Indio
City Council
August 24, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Adopt Resolution No. 10324, appointing the qualified candidates as elected for Councilmember Districts 2 and 4 as a result of having only one qualified candidate for each office during the nomination period for the November 8, 2022, Elect Municipal General for election the hold to ion; or continue Councilmember Districts 2 and 4 with one qualified candidate for each contest for the November 8, 2022, General Municipal Election.
RECOMMENDATION:
Adopt Resolution No. 10324, appointing the qualified candidate s as elected for Councilmember Districts 2 and 4 as a result of having only one qualified candidate for each office during the nomination period for the November 8, 2022, General Municipal Election; or continue to hold the election for Councilmember Districts 2 and 4 with one qualified candidate for each contest for the November 8, 2022, General Municipal Election.
SUMMARY:
Elections Code § 10229 states that if there are not more candidates than offices to be elected at a municipal election, the City Council may appoint to the office the person who has been nominated or hold the election if either no one or only one person has been nominated.
BACKGROUND INFORMATION:
At the close of the nomination period on Friday, August 12, 2022 at 4:00 p.m., there was only one qualified candidate for each City Council contest in District 2 and District 4, to be voted on at the General Municipal Election on Tuesday, November 8, 2022.
California Elections Code § 102291 contains regulations relating to canceling an election if there are no candidates or if fewer candidates qualify than there are open seats by the close of the nomination period. Therefore, the City Council may do one of the following:
1. Appoint to the office the person who has been nominated;
2. Appoint to the office any eligible voter if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated.
Pursuant to Elections Code § 10229, on August 17, 2022, the City Clerk Administrator provided a certification to the City Council attesting to the fact that there are not more candidates than offices to be elected.
AGENDA ITEM #3.1
Adopt Resolution No. 10324 , appointing the qualified candidates as elec... Page 4 of 8 In addition, pursuant to Elections Code § 10229 and Government Code § 6061, a notice of the above facts and the available courses of action was published on August 19, 2022 in The Desert Sun newspaper.
The Council does not have the option to take action on number 2, since th ere are nominees for the two seats.
Accordingly, Staff prepared a Resolution for City Council consideration that would result in the City Council appointment of Waymond Fermon and Oscar Ortiz to the offices to which they were nominated (City Councilmembers). If so appointed, they would take office and serve exactly as if elected at a municipal election. Therefore, the election will be canceled as to those offices only.
If the City Council does not take action to appoint the candidates by the date required by the Elections Code, which is August 25, 2022 (75th day before the Election), Elections Code § 10229 states that the election shall be held. This would allow for write-in candidates.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$50,000 In current year budget: Yes
Current FY General
Fund Impact:
$50,000 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: General Fund - City Clerk
Elections Fund-Org-Object
Reference:
1011130-521040
Additional Financial Details:
There is an estimated savings of approximately $50,000 to the City should the City Council elect to cancel the contest for City Council Districts 2 and 4.
ALTERNATIVES:
1. Not take any action and proceed with the election.
ATTACHMENTS:
RESOLUTION NO. 10324 PROVIDING APPOINTMENT FOR D2 & D4
EXHIBIT A - CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED
APPROVAL(S):
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 18 Aug 2022 Bryan H. Montgomery, City Manager Approved - 18 Aug 2022
AGENDA ITEM #3.1
Adopt Resolution No. 10324 , appointing the qualified candidates as elec... Page 5 of 8 RESOLUTION NO. 10324
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE
OFFICE(S) OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022.
WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected and that § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1.Appoint to the office the person who has been nominated.
2.Appoint to the office any eligible elector if no one has been nominated.
3.Hold the election if either no one or only one person has been nominated.
WHEREAS, only one candidate was nominated for each of the seats of City Councilmember for Districts 2 and 4, to be filled at the November 8, 2022, election; therefore the City Council may take action pursuant to No. 1 or No. 3 above; and
WHEREAS, on August 17, 2022, the City Clerk delivered to the City Council the certificate required by California Elections Code Section 10229, which is attached hereto as Exhibit A; and
WHEREAS, a notice was published on August 19, 2022, in the Desert Sun, a newspaper of general circulation pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken:
(a) The following persons are being appointed to the offices to which they were nominated, and are considered to be the same as being elected, pursuant to § 10229(a)(3) of the Elections Code:
Waymond Fermon, Councilmember, District 2
Oscar Ortiz, Councilmember, District 4
AGENDA ITEM #3.1
Adopt Resolution No. 10324 , appointing the qualified candidates as elec... Page 6 of 8 (b) The election will be held as scheduled for the open seat of Councilmember in District 3.
SECTION 2.The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 3.That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on August 24, 2022.
______________________________
WAYMOND FERMON, MAYOR
ATTEST:
_______________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #3.1
Adopt Resolution No. 10324 , appointing the qualified candidates as elec... Page 7 of 8 EXHIBIT "A"Page 5 of 5
AGENDA ITEM #3.1
Adopt Resolution No. 10324 , appointing the qualified candidates as elec... Page 8 of 8