City of Indio
City Council / Indio Water Authority Minutes
Wednesday, July 19, 2023
Mayor Oscar Ortiz called to order the Joint Study Session meeting of the City Council and the Public Arts Commission for the City of Indio at 3:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
JOINT STUDY SESSION OF THE CITY COUNCIL AND THE PUBLIC ARTS COMMISSION - 3 PM
1. CALL TO ORDER AND ROLL CALL
City Council:
Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
Public Arts Commission:
Chairperson E.J. Neumeyer
Commissioner Bill Schinsky
Commissioner Alexandria Sanchez
Commissioner Gabriela Armenta
Absent:
Vice-Chairperson Cecilia Cruz-Zendejas
2. PLEDGE OF ALLEGIANCE led by Leila Namvar, Public Arts Analyst
3. PUBLIC COMMENT None
4. DISCUSSION ITEMS
4.1 City Council and Public Arts Commission Joint Meeting - Study Session of Art and Culture Master Plan.
Leila Namvar, Public Arts Analyst presented a Powerpoint presentation to include discussions on the Arts in Public Place Program, Types of Public Arts and the Arts and Culture Master Plan.
Discussion of council ensued.
5. ADJOURN
There being no further business to discuss, Mayor Ortiz adjourned the Joint Study Session of the City Council and Public Arts Commission at 4:12 p.m.
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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 4:14 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 Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
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: 45250 Smurr St., APN 611-174-008; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Cipriano De La Cruz; Under Negotiation: Price and Terms of payment.
3.2 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION - Significant exposure to litigation Government Code Section 54956.9: Claim #3047660 TV – Claim of Phaedra Norton & Leslie Curtin
REGULAR SESSION - 5 PM
Mayor Oscar Ortiz called to order the regular joint meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:__ 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, Carl S. Morgan, Dir. Of Economic Development, Sabdi Sanchez, City Clerk Administrator, Ian Cozens, Director of Information Technology, Brian Tully, Assistant Chief of Police, Reymundo Trejo, P.E., IWA General Manager, and Steven Graham, City Attorney
2. INVOCATION Pastor Christian Slye ~ Garden Fellowship Church
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3. PLEDGE OF ALLEGIANCE led by Ariana Herrera, Third Grader at Amelia Earhart Elementary
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 on Item 3.1, and City Council gave direction on Item 3.2 by a vote of 5-0.
5. PRESENTATIONS
5.1 Quarterly Update by Ron Phillips of Desert Theatreworks Ron Phillips, CEO of Desert Theatreworks provided a quarterly update on the educational programs offered this summer, which was an overwhelming success.
6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reminded residents that Food Truck Friday located on Towne & Bliss Street from 5pm-11pm and the next Second Saturday event will be held on August 12 at 7pm on Miles & Smurr Street.
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 has no report.
Councilmember Fermon reported on Coachella Valley Economic Partnership Committee and RCTC Homelessness Committee
Councilmember Miller reported on SunLine Transit Agency.
Mayor Pro Tem Ramos Amith had no report.
Mayor Ortiz report on the Southern California Association of Government Energy & Environment Committee.
*Brian Tully, Assistant Chief of Police provided a Fireworks update and operation details of Indio Police activities between July 1 – July 4 with specifics on reported calls during that time frame.
8. APPOINTMENTS
8.1 2023 Voting Delegate and Alternate for the Annual Conference General Assembly in Sacramento, CA, September 20 - 22, 2023
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to approve Mayor Oscar Ortiz as the 2023 Voting Delegate and Councilmember Waymond Fermon as the Alternate for the Annual Conference General Assembly in Sacramento, CA, September 20 - 22, 2023. Carried
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Unanimously.
8.2 Appointment of David Getka to the Sustainability Commission, nominated by Councilmember Elaine Holmes
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to appoint David Getka to the Sustainability Commission, nominated by Councilmember Elaine Holmes. Carried Unanimously.
8.3 Appointment of Daniel Trevino II to the Mobile Home Fair Practices Commission, nominated by Councilmember Glenn Miller
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to appoint Daniel Trevino II to the Mobile Homes Fair Practices Commission, nominated by Councilmember Glenn Miller. Carried Unanimously.
9. CONSENT CALENDAR
9.1 Minutes for City Council meeting of June 21, 2023
9.2 City Warrants from 06.17.23 thru 07.14.23
9.3 IWA Warrants from 06.07.2023 thru 07.05.2023
9.4 Authorize the full release of the performance and payment bond and accept the Bill of Sale, Grant of Easement and Warranty bond in the amount of $10,576.50 from Elemento 49 LLC., (Elemento 49), for the Elemento 49 Development Tract No. 36679
9.5 Approval of the water improvement agreement and performance and payment bonds in the amount of $414,740.25 from K. Hovnanian Communities Inc. for Aguila at Terra Lago, Tract No. 32288, located near the northeast corner of Golf Center Parkway and Terra Lago Parkway
9.6 Supplier Agreement with Ferguson Enterprises, LLC (dba Ferguson Waterworks) for as-needed water meters and meter parts during Fiscal Year 2023-2024 in an amount not to exceed $700,000
9.7 Approval of Fiscal Year 2023-24 Professional Services Agreement with Hunter Johnsen on behalf of the regional CV Water Counts group to support regional conservation outreach efforts in an amount not-to-exceed $157,000, of which IWA is solely responsible for $24,500
9.8 Second Reading of 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
9.9 Purchase of necessary equipment upgrades, software updates a five-year service upgrade agreement, and relocation of existing equipment to the new Dispatch Center from Motorola Solutions, Inc., in the amount of $726,542; and budget adjustments
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9.10 Purchase from Dana Safety Supply, Inc. in the amount of $198,610.50 for the police package upfitting of six (6) Dodge Chargers
9.11 Resolution No. 10376 authorizing the City Manager or the Public Works Director to execute Agreements with the California Department of Transportation for the City of Indio’s Transformative Climate Communities Project Development Grant Program Projects
9.12 Construction contract with Urban Habitat in an amount not-to-exceed $917,127 for the Indio Medians Project (Project No. ST2305)
9.13 Construction contract with Three Peaks Corp. in an amount not-to-exceed $726,384 for the Miles Avenue Dog Park (Project No. PK2305)
9.14 Approval of Final Parcel Map for ABC Recovery Center, Inc., Parcel Map No. 38630 (ABC Recovery Center), generally located on the southwest corner of Palm Street and Indio Boulevard
9.15 Professional Services Agreement with Dudek in the not-to-exceed amount of $100,000 for Consulting Services Pertaining to Implementation of the City's Sixth Cycle Housing Element
Mayor Ortiz pulled Item 9.11 for discussion.
Timothy T. Wassil, Director of Public Works presented the Staff Report for Item
9.11 Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Consent Calendar Items 9.1 thru 9.15. Carried unanimously.
10. ADMINISTRATIVE ITEMS
10.1 Ordinance No. 1796, amending Chapter 32, Sections 32.03 and 32.04 City Commissions, allowing Community Services Commissioners to serve on the Mobile Home Fair Practices Commission and allowing Commissioners to waive the stipend provided by the City pursuant to their appointment.
Sabdi Sanchez, City Clerk Administrator presented the Staff Report.
Discussion ensued.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to approve introduction of Ordinance No. 1796 as amended to include all commissions. Carried unanimously.
10.2 Indio Mural # 15 Project Finalist Selection: Select the finalist from three (3) options recommended by the Public Arts Commission to paint Indio Mural # 15 and authorize the City Manager and City Attorney to negotiate and finalize the terms for the total amount of $40,000
Councilmember Elaine Holmes recused herself from Item 10.2, as she owns
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property within 1000ft and holds a financial interest.
Leila Namvar, Public Arts Analyst presented the PowerPoint Presentation via zoom.
Discussion ensued.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Indio Mural #15 Project Finalist Selection between Art Piece No. 2 or Art Piece No. 6 to be approved after the suggestion of the owner of the building. Carried 3-1-1. Mayor Pro Tem Lupe Ramos Amith opposed. Councilmember Elaine Holmes abstained.
10.3 Resolution No. 10382, Authorizing the Preparation and Submittal of an Application for Participation in the State's Prohousing Designation Program Kevin Snyder, Director of Community Development presented the Staff Report and provided discussion with no action requirement at this time.
Discussion ensued.
10.4 Approval of the Bylaws for the Indio Electric Finance Authority (IEFA) that includes a) Establishing officers of the IEFA; b) Adopting the City's Conflict of Interest Code; c) Adopting the City's Investment Policy; and d) Appointing the City Attorney as IEFA General Counsel
Bryan H. Montgomery, City Manager presented the Staff Report.
Brian Forbath, Stradling Law provided clarity on the administerial matters.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve the Bylaws for the Indio Electric Finance Authority.
Carried unanimously.
10.5 Resolution No. 2023-01 of the Indio Electric Financing Authority establishing and authorizing the charge of a surcharge for electric service within the boundaries of the City of Indio, authorizing the execution and delivery of a servicing agreement and authorizing certain related actions Bryan H. Montgomery, City Manager presented the Staff Report.
Discussion ensued.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Elaine Holmes to approve Resolution No. 2023-01 of the Indio Electric Finance Authority. Carried unanimously.
11. PUBLIC HEARINGS
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11.1 Resolution No. 10374 approving Engineer’s Annual Levy Report and Resolution No. 10375 levying the annual assessments for City of Indio Landscape and Lighting Districts (Numbers 01-22, 24-29, and 31-54) for FY 2023/24
Timothy T. Wassil, Director of Public Works presented the Staff Report.
Mayor Ortiz opened and closed the Public Hearing at 6:56 p.m. with no comments.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Resolution No. 10374 approving the Engineer's Annual Levy Report and Resolution No. 10375 levying the annual assessments for City of Indio Landscape and Lighting Districts (Numbers 01- 22, 24-29, and 31-54) for FY 2023/24. Carried 4-0. Mayor Pro Tem Lupe Ramos Amith absent.
11.2 Adopt Resolution No. 10378 authorizing the levy of a special tax for City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and annexation areas thereto; the City of Indio Community Facilities District No. 2004-2 (Law Enforcement, Fire and Paramedic Services); Resolution No. 10379 Community Facilities District No. 2004 -3 (Terra Lago Area No. 1); Resolution No. 10380 Community Facilities District No. 2005-1 (Talavera Area No. 1 and No. 2); and Resolution No. 10381 Community Facilities District No. 2006-1 (Sonora Wells) for fiscal year 2023/2024
Rob Rockwell, Assistant City Manager & Director of Finance presented the Staff Report.
Mayor Ortiz opened and closed the Public Hearing at 6:59 p.m. with no comments.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller approve Resolution Nos. 10378 thru 10381, approving Community Facilities Districts for Fiscal Year 2023/2024. Carried unanimously. *Item No. 11.3 & 11.4 were moved by one combined motion
11.3 Ordinance No 1795 amending Section 156.134 (Fees in Lieu of Dedication) of Indio Municipal Code
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to move Ordinance No. 1795, to the next regular council meeting. Carried unanimously.
11.4 Resolution No. 10377 establishing Standardized Quimby Act Parkland Acquisition In-Lieu Fees
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to move Resolution No. 10377, to the next regular council
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meeting. Carried unanimously.
11.5 Request for City Council Certificate of Public Convenience or Necessity for a Type 40 On-Sale Liquor License for Avenida Music, LLC/Little Street Music Hall (City Case File No. 23-05-49) located at 82707 Miles Avenue, Indio, CA 92201 (Assessor’s Parcel Number 611-172-001)
Councilmember Elaine Holmes recused herself from the dais as she owns property within 500ft.
Kevin Snyder, Director of Community Development presented the Staff Report.
Mayor Ortiz opened and closed the Public Hearing at 7:03 p.m. with no comments.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller approve Certificate of Public Convenience or Necessity for a Type 40 On-Sale Liquor License for Avenida Music.
Carried 4-0-1. Councilmember Elaine Holmes abstained.
12. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments provided by the following:
1. Rodrigo Garcia Sandoval (Traffic Concerns - Deglet Noor and Avenue 44)
2. Toni DeAztlan (Homelessness Concerns)
3. Steven Wijatyk (Cannabis Appeal Process - Reefer Madness)
13. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular joint meeting at 7:16 p.m.
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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