City of Indio
City Council / Indio Water Authority Minutes
Wednesday, April 19, 2023
Mayor Oscar Ortiz called to order the closed session meeting of the City Council for the City of Indio and the Indio Water Authority, at 3:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
CLOSED SESSION - 3 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Oscar Ortiz
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon *arrived at 3:05pm
Absent:
Mayor Pro Tem Lupe Ramos Amith
2. PUBLIC COMMENT None
3. ADJOURN TO CLOSED SESSION TO CONSIDER:
3.1 Conference with Real Property Negotiators, Government Code Section 54956.8; for APNs, 614-090-001, 614-090-002, 614-030-002, 614-020-028, 614-020-027, 614-020-024, 614-020-021, 611-020-016, 614-020-015, 614- 020-012, 614-020-011, 614-020-008, 614-020-009, and 614-020-005 City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party:
Haagen Co.; Under Negotiation: Price and Terms of Payment
3.2 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45120 Oasis Street, APN 611-152-003; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Finders Keepers Records; Under Negotiation: Price and Terms of payment. *Councilmember Elaine Holmes recused herself from Item 3.2, as she owns property within 500ft.
REGULAR ADJOURNED SESSION - 4 PM
Mayor Oscar Ortiz called to order the regular adjourned joint meeting of the City Council for the City of Indio and the Indio Water Authority, at 4:01 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
1. CALL TO ORDER AND ROLL CALL
Mayor Oscar Ortiz
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
Minutes for City Council meeting of April 19, 2023 (Sabdi Sanchez, City ... Page 7 of 160 City Council / Indio Water Authority
April 19, 2023
Absent:
Mayor Pro Tem Lupe Ramos Amith
City Staff Present:
Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. Of Finance, Kevin H. Snyder, Dir. Of Community Development, Carl S. Morgan, Dir. Of Economic Development, Andrew Ansoorian, Dir. of Human Resources, Timothy T.
Wassil, Dir. of Public Works, Rey Trejo, IWA General Manager, Ian Cozens, Dir. of Information Technology, Sabdi Sanchez, City Clerk Administrator and Vanessa Castillo, City Clerk Specialist.
2. INVOCATION Pastor Dave McCoy of Garden Fellowship Church
3. PLEDGE OF ALLEGIANCE led by Melanie Tapia - Fifth Grader at Kennedy Elementary School
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Steven Graham reported Council met in Closed Session to discuss the items listed therein and there was no reportable action.
5. PRESENTATIONS
5.1 Proclamation - 2023 National Crime Victims' Rights Week Mayor Ortiz, along with Councilmembers presented the Proclamation for 2023 National Crimes Victims' Rights Week to Idania Hernandez and Katie Gilbertson of the Riverside County District Attorney's Office - Victim's Services Division
5.2 Recognition of Diaz brothers for their Youth Boxing Program in Indio Mayor Ortiz, along with Councilmembers presented a Certificate of Recognition to Joel Diaz, for the Youth Boxing Program at the Diaz Brothers gym in the Indio.
5.3 Presentation by Ron Buchwald, Interim General Manager, of the Valley Sanitary District (VSD) regarding the proposed VSD rate increase.
Debra Canero, President of the Board, Michael Duran, Vice President of the Board, Ron Buchwalk, Interim General Manager and Janet Juarez, Chief Administrative Officer were all present as representatives of Valley Sanitary District (VSD).
Ron Buchwald and Janet Juarez presented a PowerPoint presentation regarding the proposed VSD rate increase.
Discussion ensued.
6. YOUTH ADVISORY COUNCIL (YAC)
YAC Mayor - Victoria Terriquez provided a brief update on YACs attendance at the
Minutes for City Council meeting of April 19, 2023 (Sabdi Sanchez, City ... Page 8 of 160 City Council / Indio Water Authority
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2023 Mobius Conference, which include the Empowerment session being held at the Coachella Container Park on April 19, and the Earth Session to be held at the Palm Springs Air Museum on April 20 with YAC Mayor Victoria Terriquez as a guest speaker on effects of The Salton Sea. The upcoming Mental Health hike will be taking place on May 6 on the Indio Badlands trail in North Indio.
7. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reminded everyone of the Second Annual "Chella" event being hosted by Goldenvoice, taking place in downtown Indio this evening to begin at 5pm.
8. 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 the Coachella Valley Conservation Committee Councilmember Fermon reported on Riverside County Transportation Committee, Coachella Valley Economic Partnership Committee, and the Coachella Valley Association of Government Homelessness Committee
Councilmember Miller had no report
Mayor Ortiz reported on Southern California Association of Government (SCAG) Energy and Environment Committee and Coachella Valley Association of Government (CVAG) Energy and Environment Committee
9. EXCUSE YOUTH ADVISORY COUNCIL
10. CONSENT CALENDAR
10.1 Minutes for City Council meeting of April 5, 2023
10.2 City Warrants from 04.01.23 thru 04.13.23
10.3 IWA Warrants from 03.15.23 thru 04.04.23
10.4 Indio Subbasin Annual Report for Water Year 2021-2022 in accordance with the Sustainable Groundwater Management Act (SGMA) of 2014
10.5 Authorize the full release of the performance bonds and maintenance bonds from D.R. Horton CA3, Inc. a Delaware Corporation (D.R. Horton) and accept the Bill of Sale for Hacienda II Tract No. 31975
10.6 Resolution No. 10346 to accept the FY 2022 Emergency Management Performance Grant (EMPG) funds in the amount of $21,186
10.7 Second Reading of Ordinance No. 1792, an ordinance of the City Council of the City of Indio, California, approving the termination of the Madison Crossing Project Master Plan applicable to Assessor’s Parcel Numbers (APN’s) 600- 240-005, 600-240-016, 600-240-020 and 600-240-021 and making a determination that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act
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(CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and also making a determination that said action is consistent with the provisions of California Government Code Section 15183 (projects consistent with a community plan, general plan, or zoning) because said termination supports the previously approved Madison Pointe Mixed Use Project on the same parcels of land as the Madison Crossing Project Master Plan
10.8 Three-year Renewal of the Small Enterprise Agreement between the City of Indio and Environmental Systems Research Institute, Inc in the amount of $170,100
10.9 Receive and File the 2022 Indio Police Department Annual Military Equipment Report
10.10 Resolution No. 10349 of the City Council of the City of Indio authorizing the City Manager to execute Agreements with the California Department of Transportation for the City of Indio Clean California Local Grant Program Project
10.11 Resolution No. 10351, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act
10.12 Side letter between the City of Indio and the Police Command Unit Association
10.13 Approve a License Agreement between the City of Indio and Sacher Enterprises, LLC for the use of City Property to conduct a weekly Food Truck Event
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Consent Calendar Items 10.1 through 10.13.
Motion carried unanimously. 4-0-1. Councilmember Lupe Ramos Amith absent.
11. ADMINISTRATIVE ITEMS
11.1 Consideration of Resolution No.10350 that amends the At-Will Employee Resolution (Resolution #10232) to add "Special Circumstances Pay." Bryan H. Montgomery, City Manager presented the Staff Report.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Waymond Fermon to approve Item 11.1, Resolution No. 10350, amending the At-Will Employee Resolution (Resolution #10232) to add "Special Circumstances Pay". Motion carried unanimously. 4-0-1. Councilmember Lupe Ramos Amith absent.
12. PUBLIC HEARINGS
12.1 Ordinance No. 1793, an urgency Ordinance of the City Council of the City of Indio, extending an interim measure imposing a moratorium on the use,
Minutes for City Council meeting of April 19, 2023 (Sabdi Sanchez, City ... Page 10 of 160 City Council / Indio Water Authority
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construction, establishment or operation of new self-storage facilities, ministorage facilities and recreational vehicle storage facilities within the city of Indio excluding non-commercial facilities constructed wholely within the boundaries of a legally operated homeowners association for the sole use and benefit of the members of the homeowners association and land use entitlement or building permit applicants specified herein and determining that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated Municipal Code review
Kevin Snyder, Director of Community Development presented the PowerPoint Presentation.
Mayor Ortiz opened the Public Hearing at 5:24 p.m.
Public Comments provided by the following:
1. Rob Ferguson
2. Shane Swerdlow
3. Andrew Fog
Mayor Ortiz closed the Public Hearing at 5:31 p.m.
Discussion of Council ensued.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Item 12.1, Urgency Ordinance No. 1793 extending an interim measure imposing a moratorium on storage facilities. Motion carried unanimously. 4-0-1. Councilmember Lupe Ramos Amith absent.
13. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments provided by the following:
1. Steven Wijatyk (Cannabis Application - Cannabis Appeal)
14. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular adjourned joint meeting at 5:41 p.m.
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Minutes for City Council meeting of April 19, 2023 (Sabdi Sanchez, City ... Page 11 of 160 City Council / Indio Water Authority
April 19, 2023
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