City of Indio
City Council / Indio Water Authority Minutes
Wednesday, August 16, 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 4:01 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 Oscar Ortiz
Councilmember Glenn Miller
Councilmember Elaine Holmes
Absent:
Mayor Pro Tem Lupe Ramos Amith
Councilmember Waymond Fermon
2. PUBLIC COMMENT None
3. ADJOURN TO CLOSED SESSION TO CONSIDER:
Councilmember Elaine Holmes recused herself from Items 3.2 thru 3.5, as she owns property within 1000ft and holds a financial interest.
3.1 Conference with Labor Negotiator, Government Code Section 54957.6; City Negotiator: Bryan H. Montgomery, City Manager, Rob Rockwell, Assistant City Manager & Finance Director, Michael Washburn, Chief of Police, Brian Tully, Assistant Chief of Police, and Andrew Ansoorian, Director of Human Resources and Risk Management; Employee Organizations: POA
3.2 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45120 and 45130 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.
3.3 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 82851 and 82867 Miles Avenue; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Miles DTI, LLC; Under Negotiation: Lease Amendment.
3.4 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45127 Towne St, APN 611-172-013; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and Raul Gonzalez Robledo; Under Negotiation: Price and Terms of payment.
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 10 of 1306 City Council / Indio Water Authority
August 16, 2023
3.5 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 Rosemary HiFi, Adrian Romero; Under Negotiation: Price and Terms of Payment.
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 5:04 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
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
Absent:
Mayor Pro Tem Lupe Ramos Amith
City Staff Present:
Bryan H. Montgomery, City Manager, Trujillo, Deputy City Manager, Kevin H. Snyder, Dir. Of Community Development (via zoom), Carl S. Morgan, Dir. Of Economic Development, Sabdi Sanchez, City Clerk Administrator, Ian Cozens, Director of Information Technology, Mike Washburn, Chief of Police, Reymundo Trejo, P.E., IWA General Manager, and Steven Graham, City Attorney
2. INVOCATION Pastor Dave McCoy ~ Garden Fellowship Church
3. PLEDGE OF ALLEGIANCE led by Elena Cañas, Second Grader at Jackson 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.
5. PRESENTATIONS
5.1 Proclamation to Ralph Duarte, U.S. Army Sergeant in honor of "Hunter Lopez Day"
Mayor Ortiz, along with City Council presented a proclamation for Ralph Duarte, U.S. Army Sergeant in honor of "Hunter Lopez Day" to Marine Corp.
Veteran - Keanu Stoneburner on behalf of Ralph Duarte.
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 11 of 1306 City Council / Indio Water Authority
August 16, 2023
6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery recognized Police Chief ~ Mike Washburn on his seven (7) year anniversary with Team Indio
7. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS
AND COMMITTEE MEETINGS
Councilmember Holmes reported on East Valley Reclamation Authority.
Councilmember Fermon reported on Coachella Valley Energy Commission.
Councilmember Miller reported on SunLine Transit Agency and East Valley Reclamation Authority
Mayor Ortiz had no report.
8. CONSENT CALENDAR
8.1 Minutes for City Council meeting of July 19 & July 26, 2023
8.2 Second Reading of Ordinance No. 1796, amending Chapter 32, Sections
32.03 and 32.04 City Commissions, allowing Commissioners to also serve on the Mobile Home Fair Practices Commission and allowing Commissioners to voluntarily waive the stipend provided by the City pursuant to their appointment
8.3 City Warrants from 07.15.23 thru 08.11.23
8.4 Report of investments for the quarter ending June 30, 2023
8.5 IWA Warrants from 07.06.23 thru 08.01.23
8.6 Conservation Program Update and Recommendation for Revisions to the Turf Removal Rebate Program
8.7 Purchase from Ferguson Waterworks, Core & Main, Dangelo Company, United Waterworks, Inc. and Western Waterworks for as-needed waterworks parts and supplies for a combined not-to-exceed amount of $360,000 in accordance with the approved budget for Fiscal Year 2023-2024
8.8 Authorize the full release of the performance and payment bond and accept the Bill of Sale and Maintenance bond in the amount of $47,794.00 from Terra Lago, Indio, LLC, for the K. Hovnanian’s Four Seasons at Terra Lago Tract No. 32341-8
8.9 Authorize the full release of the performance and payment bond and accept the Bill of Sale and Maintenance bond in the amount of $35,628.00 from Terra Lago Indio, LLC for the K. Hovnanian’s Four Seasons at Terra Lago Tract No. 32341-9
8.10 Authorize the full release of the performance and payment bond and accept the Bill of Sale and Maintenance bond in the amount of $20,322.00 from Terra Lago, Indio, LLC, for the K. Hovnanian’s Four Seasons at Terra Lago Tract No. 32341-11
8.11 Authorize the full release of the performance and payment bond and accept the Bill of Sale and Maintenance bond in the amount of $39,777.00 from Terra
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 12 of 1306 City Council / Indio Water Authority
August 16, 2023
Lago, Indio, LLC, for the K. Hovnanian’s Four Seasons at Terra Lago Tract No. 32341-12
8.12 Agreement for Special Legal Counsel Services with the law firm of Liebert Cassidy Whitmore
8.13 Addendum No. 2 to LandMark Consultants, Inc. for Construction Testing and Inspection Services at the Public Safety Campus project in the not-to-exceed amount of $93,500
8.14 Approval of Purchase and Sale Agreement with Cipriano De La Cruz in the amount of $630,000 plus title and escrow costs and other related expenses not to exceed $645,000 for the City's purchase of the commercial property generally located at the north/east quadrant of Smurr Street and Bliss Avenue (Assessor Parcel Number 611-174-008), and finding of conformity with the General Plan
8.15 Approval of a Lease Agreement with Core & Main, LP located at 82314 Market Street
8.16 Approve a first amendment and extension to the Professional Services Agreement with Steve Serna dba Serna & Associates in an amount not to exceed $100,000 for downtown ambassador and security services
8.17 Construction contract with ATP General Engineering Contractors in the amount of $9,034,730 for the FY 23/24 Pavement Management Project (Project No.
SMPMP)
8.18 Construction contract with Road Works, Inc., for the Annual Crack Seal Program (Project No. CIP-24SMCS), in an amount not-to-exceed $400,000 per fiscal year, for a one-year term, with four optional one-year extensions
8.19 Construction contract with Universal Construction Engineering in an amount not-to-exceed $1,834,673.70 for the Madison Street Improvements Project (Project No. ST503C)
8.20 Approval of Final Parcel Map for The HH Trust, Parcel Map No. 38335 (Indio Self Storage), generally located on the south side of Indio Boulevard and east of Madison Street
8.21 Approval of Final Parcel Map for Canopy, LP, Parcel Map No. 38262 (Canopy at Citrus), generally located on the east side of Jefferson Street and north of Avenue 50
8.22 Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the City’s bulk fuel needs
Mayor Ortiz pulled Item 8.6 for presentation.
Rey Trejo, IWA General Manager presented a PowerPoint Presentation.
Councilmember Holmes abstained from Items 8.8 thru 8.11 and 8.14 as she owns property with 500ft.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve Consent Calendar Items 8.1 thru 8.7, 8.12 thru 8.13,
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 13 of 1306 City Council / Indio Water Authority
August 16, 2023
and 8.15 thru 8.22. Motion carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
Motion made by Councilmember Miller, seconded by Councilmember Fermon to approve Consent Calendar Items 8.8 thru 8.11 and 8.14. Motion carried 3-0-
1. Mayor Pro Tem Lupe Ramos Amith absent.
9. ADMINISTRATIVE ITEMS
9.1 Select the finalist from three (3) options recommended by the Public Arts Commission for the 9/11 Memorial Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for the total amount of $125,000
Leila Namvar, Public Arts Analyst presented the PowerPoint Presentation.
E.J. Neumeyer, Chairperson of the Public Arts Commission provided comment.
Discussion ensued.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Artist James Dinh as the finalist for the 9/11 Memorial Project. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
9.2 Miles Avenue South Alley Activation Project: Review the proposal from Building 180, select one or more ideas from their proposal, and allocate a budget of up to $135,000 or an amount the City Council deems appropriate for this project Councilmember Elaine Holmes recused herself from Item 9.2 as she owns property within 500ft.
Leila Namvar, Public Arts Analyst presented the PowerPoint presentation.
Public Comment provided by the following:
1. E.J. Neumeyer ~ Chairperson of Public Arts Commission Discussion ensued.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Miles Avenue South Alley Activation Project. Carried 3-1-1. Mayor Pro Team Lupe Ramos Amith absent.
Councilmember Elaine Holmes abstained.
10. PUBLIC HEARINGS
10.1 Public hearing to approve the conduction of a special election, adopt Resolution No. 10383 Determining the Validity of Prior Proceedings, adopt Resolution No. 10384 Calling a Special Election, adopt Resolution No. 10385 Canvassing the Results of the Election, conduct first reading by title only
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 14 of 1306 City Council / Indio Water Authority
August 16, 2023
of Ordinance No. 1797 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 83 to CFD No. 2004-1 (Parcel Map No. 38493, Indio North Business, LLC) Mayor Oscar Ortiz opened the Public Hearing for Item 10.1 at 5:50 p.m.
Juan Raya, City Engineer presented the Staff Report.
Mayor Oscar Ortiz closed the Public Hearing with no comments, or protests at 5:54 p.m.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve Resolution No. 10383, Determining the Validity of Prior Proceedings. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve Resolution No. 10384, Calling a Special Election.
Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve Resolution No. 10385, Canvassing the Results of the Election. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to waive full reading and introduce Ordinance No. 1797, Authorizing the Levy of a Special Tax. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve a Budget Adjustment relating to the Annexation of Annexation Area No. 83 to CFD No. 2004-1. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
10.2 Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 approving the Tentative Tract Map 38470 (TTM 22-05-469) and Resolution No. 10388 certifying that the project’s Final Environmental Impact Report (EIR) is in compliance with Section 15089 and Section 15132 of the California Environmental Quality Act (CEQA) Guidelines for the development of 1,500 active adult residential units with a community clubhouse and other recreational amenities on approximately 378 acres located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street (Assessor’s Parcel Numbers 691-110- 002, 003, 004, 008, 011, 014, 021, 023, 025)
Kendra Reif, Principal Planner presented the PowerPoint Presentation.
Mayor Ortiz opened the Public Hearing at 6:26 p.m.
David Dewegeli, Land Manager for Pulte Homes and Jim Vaughn, Land Use Counsel of SZR Law provided a PowerPoint Presentation.
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 15 of 1306 City Council / Indio Water Authority
August 16, 2023
Mayor Ortiz opened the Public Hearing once again at 6:58 p.m.
Public Comments provided by the following:
1. Deborah Gmeiner
2. Brandon Marley
Mayor Ortiz closed the Public Hearing at 7:07 p.m.
Discussion ensued.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Resolution No. 10386 approving the Specific Plan, Resolution No. 10387 approving the Tentative Tract Map 38470 (TTM 22-05-469) with amended condition of approval language provided by the City Attorney, and Resolution No. 10388 certifying that the project’s Final Environmental Impact Report (EIR) is in compliance with Section 15089 and Section 15132 of the California Environmental Quality Act (CEQA) Guidelines.
Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
Condition of Approval language for Resolution No. 10387 provided by City Attorney Graham:
“Without affecting the discretion of CVWD in the provision of services or any rights it may have under existing agreements or easements, Applicant shall be required to prepare and obtain approval from CVWD one or more Special and/or Standard Agreements for the provision of sanitary sewer service that does not require the upsizing of CVWD facilities located within the Sun City Shadow Hills development.”
11. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
None
12. ADJOURNMENT
Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to adjourn the City Council meeting to an Adjourned Regular meeting, Monday September 18, 2023 at 5:00 p.m. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith absent.
There being no further business to discuss Mayor Ortiz adjourned the regular joint meeting at 7:21 p.m.
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 16 of 1306 City Council / Indio Water Authority
August 16, 2023
Minutes for City Council meeting of August 16, 2023 (Sabdi Sanchez, City... Page 17 of 1306