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Minutes

Indio City Council
June 21, 2023

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Minutes
Meeting
June 21, 2023
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Indio City Council
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7
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Text extracted from the city's file for reading and search. Open the original on indio.civicweb.net. That file is the official record.

City of Indio
City Council / Indio Water Authority Minutes
Wednesday, June 21, 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 4:00 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 Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

Absent:

Mayor Oscar Ortiz

2. PUBLIC COMMENT None

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION - Pursuant to paragraph (1) of subdivision (d) of Section 54956.9 - Future DB International, Inc. v. City of Indio, Los Angeles Superior Court BC711033 REGULAR SESSION - 5 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 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 Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
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, Andrew Ansoorian, Dir. of Human Resources, Timothy T. Wassil, Dir. of Public Works, Rey Trejo, IWA General Manager, Ian Cozens, Dir. of Information Technology, Steven Graham, City Attorney and Sabdi Sanchez, City Clerk Administrator.

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2. INVOCATION Pastor Alex Hebert ~ Garden Fellowship Church

3. PLEDGE OF ALLEGIANCE led by Amy Leyva, Fifth Grader from Van Buren Elementary

4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Steven Graham reported Council met in Closed Session to discuss the item listed therein and City Council gave direction by a count of 4-0 for Item 3.1.

Mayor Ortiz absent.

5. PRESENTATIONS

5.1 Presentation on Fentanyl Awareness Education Project by Jana Trew of Desert Healthcare District
Jana Trew, Senior Program Officer, Desert Healthcare District and Foundation presented a presentation on a Fentanyl Awareness Education Project.

5.2 Presentation by David Wilson of the Coachella Valley Water District regarding the Regional Flood Control Project
David Wilson, Engineering Manager, Coachella Valley Water District presented a PowerPoint presentation regarding the Regional Flood Control Project.

5.3 Proclamation - LGBTQ+ Pride Month
Mayor Ortiz presented a proclamation for LGBTQ+ Pride Month to Lex Ortega, Director of Community Engagement at Community Center of the Desert, Christian Rodriguez-Ceja, Chairperson of City of Indio Planning Commission and Alex Sykora, Nurse Practitioner at DAP Health.

6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery introduced Scott Visyak, Emergency Services Manager to provide information on City of Indio Emergency Preparedness roles, updates and trainings.
*Mayor Ortiz pulled Item 10.1 to be presented at 5:40 p.m.

7. REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)
Councilmember Holmes had no report.

Councilmember Fermon reported on Coachella Valley Economic Partnership Committee
Councilmember Miller reported on Coachella/Indio JPA Waste Transfer Station Commission
Mayor Pro Tem Ramos Amith had no report.

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Mayor Ortiz reported on Coachella Valley Association of Government Energy & Environment Committee

8. CONSENT CALENDAR

8.1 Minutes for City Council meeting of June 7, 2023

8.2 City Warrants from 06.03.23 thru 06.16.23

8.3 8.4
IWA Warrants from 05.17.23 thru 06.06.23
Approval of a Commercial Lease Agreement with MT Bakery doing business as Mi Tierra Bakery #2 located at 45228 Oasis Street

8.5 Resolution No. 10373 of Intention for Annexation No. 83 (Parcel Map No. 38493) Indio North Business, LLC, located on the northeast corner of Monroe Street and Requa Avenue, into CFD No. 2004-1 and setting the public hearing for August 16, 2023

8.6 Ratification of the purchase of six (6) 2023 Dodge Chargers Pursuit for the Indio Police Department in the amount of $260,236.56

8.7 Construction contract with Universal Construction and Engineering in an amount not-to-exceed $1,413,178.90 for the Rancho Los Coyotes Drive Pavement Improvement Project (Project No. ST2201)

8.8 Approval of the proposed artwork by artist Babak Jaez for the Shields Park project in the amount of $65,000 and authorize the City Manager and City Attorney to execute the Agreement.

Mayor Oscar Ortiz pulled Item 8.8 for discussion.

Leila Namvar, Public Arts Analyst presented a PowerPoint presentation.

Discussion ensued.

Consent Calendar Item 8.8 will be continued to a future meeting.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Consent Calendar Items 8.1 thru 8.3, and 8.5 thru 8.7. Carried unanimously.

Councilmember Elaine Holmes recused herself from Items 8.4 due to property owned within 500ft.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Consent Calendar Item 8.4, Approval of a Commercial Lease Agreement with MT Bakery doing business as Mi Tierra Bakery #2 located at 45228 Oasis Street. Motion carried 4-0.

Councilmember Elaine Holmes abstained.

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9. ADMINISTRATIVE ITEMS

9.1 Discuss and select the location to install the Desert Tortoise Sculpture that was approved and commissioned to artist Peter Hazel by the City Council on March 1, 2023
Motion made by Mayor Pro Tem Lupe Ramos Amith, seconded by Councilmember Waymond Fermon to defer Item 9.1 to a meeting after the Joint Study Session with the Public Arts Commission scheduled for July 19, 2023 at 3pm. Carried Unanimously.

9.2 Resolution No. 10361 approving the formation of the Indio Electric Financing Authority Joint Powers Agreement with the Imperial Irrigation District Bryan H. Montgomery, City Manager presented the Staff Report.

Motion made by Councilmember Elaine Holmes, seconded by Mayor Pro Tem Lupe Ramos Amith to approve Resolution No. 10361, formation of the Indio Electric Financing Authority Joint Powers Agreement with the Imperial Irrigation District. Carried unanimously.

9.3 Ordinance 1794, An Ordinance of the City Council of the City of Indio adding Chapter 73 to Title VII of the Indio Municipal Code prohibiting spectators at illegal motor vehicle speed contests, exhibitions of speed, and sideshows Michael Washburn, Chief of Police presented the PowerPoint presentation.

Discussion ensued.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Introduction of Ordinance No. 1794, adding Chapter 73 to Title VII of the Indio Municipal Code prohibiting spectators at illegal motor vehicle speed contests, exhibitions of speed, and sideshows. Carried unanimously.

10. PUBLIC HEARINGS

10.1 City Council/Indio Water Authority Joint Resolution No. 10364 and IWA Resolution No. 2023-80, adopting the Fiscal Year 2023-24 Operating and Capital Improvement Budget and Program and Supplemental Water Supply Program
Rey Trejo, IWA General Manager presented the PowerPoint presentation.

Mayor Ortiz opened and closed the Public Hearing at 7:20 p.m. with no comments.

Motion made by Councilmember/Commissioner Elaine Holmes, seconded by Councilmember/Commissioner Glenn Miller to approve Joint Resolution No. 10364 and IWA Resolution No. 2023-80, adopting the Fiscal Year 2023-24 Operating and Capital Improvement Budget and Program and Supplemental

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Water Supply Program. Carried unanimously.

10.2 City Resolutions Nos. 10365, 10366, 10367, 10368 and Indio Housing Authority Resolution 2023-14, adopting for Fiscal Year 2023-2024, the Operating and Capital Improvement Budget, the Capital Improvement Program, the Appropriations Limit, the Citywide Classification and Compensation Plan, and the Operating Budget for the Indio Housing Authority Rob Rockwell, Assistant City Manager and Director of Finance presented a PowerPoint presentation.

Mayor Ortiz opened and closed the Public Hearing at 6:05 p.m. with no comments.

Discussion ensued.

Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to approve City Resolution No. 10366, Capital Improvement Program for FY 2023-2024. Motion carried 4-1. Councilmember Lupe Ramos Amith voting No.

Motion made by Councilmember/Commissioner Glenn Miller, seconded by Councilmember/Commissioner Elaine Holmes to approve City Resolutions Nos. 10365, 10367, 10368 and Indio Housing Authority Resolution No. 2023-14, adopting for Fiscal Year 2023-2024, the Operating and Capital Improvement Budget, the Appropriations Limit, the Citywide Classification and Compensation Plan, and the Operating Budget for the Indio Housing Authority.

Motion carried unanimously.

Assistant City Manager/Finance Director read aloud the changes to compensation for Executive Staff as required by law.

10.3 Resolution No. 10369 levying the Annual Waste Charges for Fiscal Year 2023-24 and Ordering the Annual Solid Waste Charge to Be Collected on the County of Riverside Tax Roll
Timothy T. Wassil, Director Public Works presented the Staff Report.

Mayor Ortiz opened and closed the Public Hearing at 7:22 p.m. with no comments.

Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Resolution No. 10369 levying the Annual Waste Charges for Fiscal Year 2023-24 and Ordering the Annual Solid Waste Charge to Be Collected on the County of Riverside Tax Roll. Carried unanimously.

10.4 Resolutions Nos. 10370, 10371, and 10372 for Landscape and Lighting Districts Numbers 01-22, 24-29, and 31-54 proceedings relative to levying

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annual assessments for Fiscal Year 2023/2024 and setting the public hearing for July 19, 2023
Timothy T. Wassil, Director Public Works presented the Staff Report.

Mayor Pro Tem Ramos Amith opened and closed the Public Hearing at 7:25 p.m. with no comments.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Resolutions Nos. 10370, 10371, and 10372 for Landscape and Lighting Districts Numbers 01-22, 24-29, and 31-54 proceedings relative to levying annual assessments for Fiscal Year 2023/2024 and setting the public hearing for July 19, 2023. Carried unanimously.

10.5 Acceptance of Fiscal Year 2022-2023 Enhancing Law Enforcement Activities Subaccount ("ELEAS") funds in the amount of $137,671 and approval of the enclosed expenditure plan
Michael Washburn, Chief of Police presented the Staff Report.

Mayor Ortiz opened and closed the Public Hearing at 7:26 p.m. with no comments.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Item 10.5, Acceptance of Fiscal Year 2022-2023 Enhancing Law Enforcement Activities Subaccount ("ELEAS") funds in the amount of $137,671 and approval of the enclosed expenditure plan. Carried unanimously.

11. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments were provided by the following:

1. Barbara Holbrook (Arroyo Crossing - security concerns)

2. Christopher Martinez (Cannabis Appeal process)

3. Steven Wijatyk (Cannabis Appeal process)

4. Sam Griffith (Four Seasons Terra Lago resident - flat dirt area plans behind community)

5. Pedro Ordonez *via zoom (Cannabis Appeal process)

12. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular joint meeting at 7:45 p.m., in memory of Zoila Orlett, Indio resident.

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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