City of Indio
City Council / Indio Water Authority Minutes
Wednesday, October 5, 2022
Mayor Waymond Fermon called to order the closed session meeting of the City Council for the City of Indio, at 4:01 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
CLOSED SESSION - 4 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz
Councilmember Glenn Miller
Absent:
Councilmember Lupe Ramos Amith
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, 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.
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 5:02 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* (joined at 5:17pm)
Councilmember Glenn Miller
Councilmember Elaine Holmes* (joined at 5:09pm)
*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.
Minutes for City Council meeting of Oct 5, 2022 (Sabdi Sanchez, City Cle... Page 8 of 304 City Council / Indio Water Authority
October 5, 2022
City Staff Present:
Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. Of Finance, Scott Trujillo, Deputy City Manager, Kevin H. Snyder, Dir. Of Community Development, Carl S. Morgan, Dir. Of Economic Development, Timothy T. Wassil, Dir.
Of Public Works, Sabdi Sanchez, City Clerk Administrator and Vanessa Castillo, City Clerk Specialist.
2. INVOCATION led by Pastor Jason Duff - Garden Fellowship Church
3. PLEDGE OF ALLEGIANCE led by YAC Mayor Pro Tem Frida Arriaga
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Stephen P. Graham reported Council met in Closed Session to discuss the items listed therein and Council gave negotiation direction by consensus.
5. PRESENTATIONS
5.1 Presentation by Imperial Irrigation District (IID)
IID Representative Trinidad Arredondo & Lee Hernandez provided a PowerPoint Presentation.
5.2 Proclamation - Fire Prevention Week, October 9 - 15, 2022 Mayor Fermon presented Bryan White, Fire Chief with a proclamation for Fire Prevention Week.
5.3 Proclamation - Indigenous Peoples' Day, October 10, 2022 Mayor Fermon presented a proclamation for Indigenous Peoples' Day Public Comments provided by the following:
1. Erick Lemus
2. Claudia Armenta
3. Gabriela Armenta
4. Jonathan Becerra
5. Paulina Angel
6. Karen Borja
7. Yasmin Ramirez
5.4 Proclamation - Community Planning Month
Mayor Fermon presented Kevin Snyder, Director of Community Development with a proclamation for Community Planning Month.
5.5 Proclamation - Breast Cancer Awareness Month
Mayor Fermon presented a proclamation for Breast Cancer Awareness Month
Minutes for City Council meeting of Oct 5, 2022 (Sabdi Sanchez, City Cle... Page 9 of 304 City Council / Indio Water Authority
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6. YOUTH ADVISORY COUNCIL (YAC)
YAC Mayor Pro Tem - Frida Arriaga provided a brief update on the following events attended in the past week. Find Food Bank Drive-Thru held at Shadow Hills High School, Street Cleanup in front of the Indio Teen Center, National Nite Out and suggested a Walk/Race Event hosted by the City to bring the community together and promote wellness in the month of November.
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 had no report.
Councilmember Miller reported on Imperial Irrigation District - ECAC and SunLine Transit Agency.
Councilmember Ramos Amith had no report.
Councilmember Ortiz reported on CVAG Executive Committee for Mayor Fermon Mayor Fermon reported on his attendance at the Riverside County Transportation Commission regarding CV Rail in Washington D.C.
8. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reminded Council of the Second Saturday Event that will be held on October 8, 2022 in Downtown Indio on Smurr Street & Bliss Avenue.
9. CONSENT CALENDAR
9.1 Minutes for City Council meeting of September 21, 2022
9.2 2023 City Council Meeting Calendar
9.3 Resolution No. 10331, approving a program for accepting electronic or digital signature in lieu of a written "wet" signature
9.4 City Warrants from 09.17.2022 thru 09.29.2022
9.5 IWA Warrants from 09.07.2022 thru 09.20.2022
9.6 Memorandum of Understanding (MOU) for implementation of the CV Water Counts Regional Water Conservation Program related to the Urban and MultiBenefit Drought Relief Grant with fully reimbursable funds in the amount of $206,180 with budget adjustment
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
Minutes for City Council meeting of Oct 5, 2022 (Sabdi Sanchez, City Cle... Page 10 of 304 City Council / Indio Water Authority
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9.8 Deed Restriction on the parcel for Phase 1 of the Indio Sports Park Project, Project No. PK2203, Project No. PK2203
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)
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)
9.11 Resolution No. 10329 ratifying the submission of a grant proposal to the Coachella Valley Mountains Conservancy Proposition 1 Grant Program
9.12 Resolution No. 10330 for Code Enforcement to serve as the enforcement agency for AB 1276 within the City of Indio
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
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)
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 ReIntroduced Ordinance is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines 15060(c)(3)
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
Motion made by Councilmember Glenn Miller, seconded by Mayor Pro Tem Oscar Ortiz to approve Consent Calendar Items 9.1 thru 9.16, approving Resolution Nos. 10329, 10330, 10331, 10332, and adopting Ordinance No. 1779, cannabis zoning regulations, Ordinance No. 1780, cannabis permit applications and Ordinance No. 1783, Development Agreement with HCL Land Development, LLC as presented by Roll Call. Carried unanimously.
10. ADMINISTRATIVE ITEMS
10.1 Ordinance No. 1784, adoption of 2022 California Building Standards Kevin Snyder, Director of Community Development introduced the staff report.
Luis Cerros, Supervisor Plans Examiner presented the staff report.
Minutes for City Council meeting of Oct 5, 2022 (Sabdi Sanchez, City Cle... Page 11 of 304 City Council / Indio Water Authority
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Motion made by Councilmember Glenn Miller, seconded by Mayor Pro Tem Oscar Ortiz to approve Ordinance No. 1784 and waive full reading introduced by title only, as presented by Roll Call Vote. Carried Unanimously.
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 introduced the staff report.
Matthew Griffith, Assistant Fire Marshal presented the staff report.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to approve Ordinance No. 1785 and waive full reading introduced by title only, as presented by Roll Call Vote. Carried Unanimously.
11. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments provided by the following:
1. Rick Weiss (Avenue 51 Name Change)
12. ADJOURN
There being no further business to discuss Mayor Fermon adjourned the regular meeting at 7:04 p.m.
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Minutes for City Council meeting of Oct 5, 2022 (Sabdi Sanchez, City Cle... Page 12 of 304