City of Indio
City Council / Indio Water Authority Minutes
Wednesday, September 21, 2022
Mayor Pro Tem Oscar Ortiz called to order the closed session meeting of the City Council for the City of Indio and the Indio Water Authority, at 3:30 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
CLOSED SESSION - 3:30 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Pro Tem Oscar Ortiz*
Councilmember Glenn Miller
Councilmember Lupe Ramos Amith
Councilmember Elaine Holmes
Absent:
Mayor Waymond Fermon
*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, 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.
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
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
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
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
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Cipriano De La Cruz; Under Negotiation: Price and Terms of Payment
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
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
REGULAR SESSION - 5 PM
Mayor Pro Tem Oscar Ortiz called to order the regular meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Pro Tem Oscar Ortiz
Councilmember Glenn Miller
Councilmember Lupe Ramos Amith (joined at 5:14 p.m.)
Councilmember Elaine Holmes
Absent:
Mayor Waymond Fermon
*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:
Rob Rockwell, Asst. City Manager & Dir. Of Finance, Steven P. Graham, City Attorney, Timothy T. Wassil, Dir. of Public Works, Andrew Ansoorian, Dir. of Human Resources & Risk Management, Kevin H. Snyder, Dir. of Community Development, Miguel Ramirez-Cornejo, Economic Development Manager and Vanessa Castillo, City Clerk Specialist.
2. INVOCATION None
3. PLEDGE OF ALLEGIANCE YAC Mayor Victoria Terriquez
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Steven P. Graham reported Council met in Closed Session to discuss the items listed therein and gave negotiation direction by consensus on Items 3.1, 3.2,
3.6 and 3.7, with no reportable action on Items 3.3 - 3.5. Note for the record Councilmember Elaine Holmes recused herself from Items 3.2 & 3.3 as she owns property within 500ft.
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5. PRESENTATIONS
5.1 The Retail Coach Quarterly Update Presentation
Austin Farmer, Project Director for The Retail Coach presented a PowerPoint Presentation highlighting the most recent quarterly updates.
5.2 Proclamation - Hispanic Heritage Month
Mayor Pro Tem Ortiz presented the Hispanic Heritage Month Proclamation.
6. YOUTH ADVISORY COUNCIL (YAC)
Victoria Terriquez, Youth Advisory Council Mayor for the '22-'23 school year introduced the “all girls” YAC members, and noted that they have already begun volunteering in the community, with their last events being a Princess Party at Desert Recreation District and FIND Food Bank.
7. 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 reported on East Valley Reclamation Authority, Transportation Committee, Homelessness Committee (sat in for Mayor Fermon) and Coachella Valley Conservation & Mountain Committees.
Councilmember Ramos Amith had no report.
Councilmember Miller reported on East Valley Reclamation Authority, ECAC - IID Energy, League of California Cities Conference held in Long Beach, CA.
Mayor Pro Tem Ortiz reported on W.E.L.L Seminar with Assemblyman Garcia, Appointed to Southern California Resilience and Conservation Sub-Committee, Chair of CVAG Energy & Environmental Committee and C.V. Economic Partnership.
8. CITY MANAGER REPORTS AND INFORMATION
8.1 Low & Moderate Income Housing Asset Fund (LMIHAF)
Assistant City Manager & Director of Finance Rob Rockwell updated the Council on the Low & Moderate Income Housing Asset Fund and noted there are new potential Low Income Housing Developers that are interested in working with the City and further update will be brought back to Council in November 2022.
9. CONSENT CALENDAR
9.1 Minutes for City Council meeting of August 17, 2022 and Special Meeting of August 24, 2022
9.2 2022 Notice of Required Amendments to Conflict of Interest Code
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9.3 City Warrants from 08.13.2022 thru 09.16.2022 Received & Filed
9.4 IWA Warrants from 08.03.2022 thru 09.06.2022 Received & Filed
9.5 Professional Services Agreement with Sierra Controls, LLC for Supervisory Control and Data Acquisition (SCADA) system maintenance for a not-toexceed 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-toexceed $225,000 over the three-year period
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
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)
9.8 Resolution No. 10327 approving the renaming of Avenue 51 to Haagen Way, between Madison Street and Monroe Street
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
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
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
9.12 Purchase of furniture, fixtures, and equipment (FF&Es) for the Public Safety Campus with GM Business Interiors (GMBI) for $1,980,835
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
9.14 Consideration of Pre-Development Agreement with Palm Springs Motors for a potential Mazda dealership in Indio
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
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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
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)
Public Comments provided by the following:
1. Vanessa Rivera – Item 9.8
2. Jonathan Becerra – Item 9.8
3. Tab Johnson – Item 9.11
4. Anna Lisa Vargas – Item 9.8
Mayor Pro Tem Oscar Ortiz pulled Items 9.8 & 9.11
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes with Mayor Waymond Fermon absent, to approve Consent Calendar Items 9.1 – 9.17, to exclude Item 9.8 & 9.11, and approve Resolution No. 10328, as presented by Roll Call. Carried Unanimously. 4/0/1 Juan Raya, City Engineer provided a brief overview of Item 9.8 Discussion ensued.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes with Mayor Waymond Fermon absent, to approve Consent Calendar Item 9.8, and approve Resolution No. 10327, as presented by Roll Call. Mayor Pro Tem Oscar Ortiz opposed. 3/1/1
Kevin Snyder, Director of Community Development provided a brief overview of Item 9.11
Discussion ensued.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller with Mayor Waymond Fermon absent, to approve Consent Calendar Item 9.11, and approve Second Reading of Ordinance No. 1782 as amended, as presented by Roll Call. Councilmember Lupe Ramos Amith opposed. 3/1/1
10. ADMINISTRATIVE ITEMS
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 presented the staff report.
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Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes with Mayor Waymond Fermon absent, to approve Item 10.1, the Re-Introduction of Ordinance No. 1779, waive full reading, as presented by Roll Call. Carried Unanimously. 4/0/1
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 presented the staff report.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller with Mayor Waymond Fermon absent, to approve Item 10.2, the Re-Introduction of Ordinance No. 1780, waive full reading, as presented by Roll Call. Carried Unanimously. 4/0/1
11. PUBLIC HEARINGS
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 introduced the item.
Yanel Ramirez, Management Analyst presented the PowerPoint Presentation.
Mayor Pro Tem Ortiz opened and closed the Public Hearing at 6:26 p.m. with no comments.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes with Mayor Waymond Fermon absent, to approve Item 11.1, as presented by Roll Call. Carried Unanimously. 4/0/1
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 cityowned 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
Miguel Ramirez-Cornejo, Economic Development Manager presented the PowerPoint Presentation.
Mayor Pro Tem Ortiz opened the Public Hearing at 6:31 p.m.
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Public comments provided by the following:
1. Al Meza
2. Ismael Rivera
Mayor Pro Tem Ortiz closed the Public Hearing at 6:44 p.m.
Discussion ensued.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller with Mayor Waymond Fermon absent, to approve Item 11.2 Introduction of Ordinance No. 1783, waive full reading, as presented by Roll Call. Carried Unanimously (4/0/1)
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 presented the PowerPoint Presentation.
Mayor Pro Tem Ortiz opened and closed the Public Hearing at 6:50 p.m. with no comments.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller with Mayor Waymond Fermon absent, to approve Item 11.3, Resolution No. 10325, as presented by Roll Call. Councilmember Lupe Ramos Amith opposed. (3/1/1)
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 presented the PowerPoint Presentation.
Mayor Pro Tem Ortiz opened the Public Hearing at 7:10 p.m.
Public comments provided by the following:
1. Brent McMadrigal
2. Tab Johnson (via zoom)
3. Chris Fayhe - Haagen Co.
Mayor Pro Tem Ortiz closed the Public Hearing at 7:24 p.m.
Discussion ensued.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller with Mayor Waymond Fermon and Councilmember Lupe Ramos Amith absent, to approve Item 11.4, Resolution No. 10326 as amended, as
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presented by Roll Call. Carried Unanimously. (3/0/2)
12. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments were provided by the following:
1. Lizeth Palacios* (adopt smoke-free environment spaces)
2. Josef Jonathan* (thank Staff for the ease and info provided for the Cannabis Applications)
13. ADJOURN
There being no further business to discuss Mayor Pro Tem Ortiz adjourned the regular joint meeting at 7:42 p.m.
Respectfully Submitted,
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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