City of Indio
City Council / Indio Water Authority / Indio Electric Finance Authority Minutes
Monday, September 18, 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 4:08 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:
Councilmember Elaine Holmes recused herself from Item 3.2, 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, Christopher Shaefer, Assistant Chief of Police, and Andrew Ansoorian, Director of Human Resources and Risk Management; Employee Organizations: POA & PCU
3.2 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: 45238 Oasis Street, APN 611-172-007; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and IORA Hospitality, LLC; Under Negotiation: Price and Terms of payment.
REGULAR SESSION - 5 PM
Mayor Oscar Ortiz called to order the adjourned regular joint meeting of the City Council for the City of Indio, Indio Water Authority, and Indio Electric Finance 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 *arrived at 5:12pm
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
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City Staff Present:
Bryan H. Montgomery, 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, Mike Washburn, Chief of Police, Reymundo Trejo, P.E., IWA General Manager, and Steven Graham, City Attorney
2. INVOCATION Pastor Jason Duff ~ Garden Fellowship Church
3. PLEDGE OF ALLEGIANCE led by Allison Demke, 5th Grader at Johnson 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 - Hispanic Heritage Month, Sep 15, 2023 – Sun, Oct 15, 2023 Mayor Ortiz presented a proclamation to TODEC Legal Center Staff for Hispanic Heritage Month recognized from September 15, 2023 - October 15, 2023.
5.2 Proclamation - National Information Technology Professionals Day, September 19, 2023
Mayor Ortiz presented a proclamation to Ian Cozens and the City of Indio's IT Department for National Information Technology Professionals Day, September 19, 2023.
5.3 Proclamation - Constitution Day, Citizenship Day, and Constitution Week, September 17 - 23, 2023
Mayor Ortiz presented a proclamation to Deanne Bronaugh and the Daughter's of American Revolution for Constitution Day, Citizenship Day and Constitution Week recognized from September 17 - 23, 2023.
5.4 Proclamation - National Community Planning Month - October 2023 Mayor Ortiz presented a proclamation to Principal Planner, Kendra Reif and fellow members of the Planning Department in recognition of National Community Planning Month, October 2023.
5.5 Certificate of Recognition - Universal Training Center Mayor Ortiz presented a Certificate of Recognition to Ignacio Lujan in recognition of the 10-year anniversary of Universal Training Center.
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6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery had no report.
7. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS
AND COMMITTEE MEETINGS
Councilmember Holmes reported on Coachella Valley Conservation Commission, Coachella Valley Mountains Conservancy Committee, and Coachella Valley Association of Government Transportation Committee.
Councilmember Fermon reported on Riverside County Transportation Commission, Coachella Valley Association of Government Public Safety Meeting, and Coachella Valley Association of Government Homelessness Meeting.
Councilmember Miller had no report.
Mayor Pro Tem Ramos Amith had no report.
Mayor Ortiz reported on Southern California Association of Governments Joint Policy Committee, and Coachella Valley Association of Government Energy & Sustainability Committee.
8. CONSENT CALENDAR
8.1 Minutes for City Council meeting of August 16, 2023
8.2 Resolution No. 10392, approving the revised Citywide Records Retention and Destruction Schedule
8.3 City Warrants from 08.12.2023 thru 09.14.2023
8.4 IWA Warrants from 08.02.23 thru 08.30.23
8.5 Purchase of LED Screen for the Downtown Living Room Stage from Lightking Tech Group Co. Ltd. for $80,550
8.6 Resolution No. 10393, authorizing the Execution and Delivery of a Cost Reimbursement Agreement with the Indio Electric Finance Authority
8.7 License Agreement between the City of Indio and Smith & Fields LLC dba CVharvestbox for the use of City Property Downtown
8.8 Accept a Fiscal Year 2023-2024 State of California - Office of Traffic Safety (OTS) grant under the Selective Traffic Enforcement Program (STEP) in the amount of $70,000 and authorize the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio
8.9 Purchase of internet, cable, and voice services from Charter Communications, DBA Spectrum, for three years not-to-exceed $130,000 per year
8.10 Resolution No. 10394, Extending Participation in the Riverside County Abandoned Vehicle Abatement Service Authority
8.11 Resolution No. 10389 acknowledging receipt of a report made by the Fire
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Chief of Indio Fire Department regarding compliance with the annual inspection of certain identified occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code
8.12 Second Reading of Ordinance No. 1797, an Ordinance of the City Council of the City of Indio, acting as the Legislative Body of the City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of a special tax within Annexation Area No. 83 annexed to said District
8.13 Purchase of four (4) Ford F-150 trucks and two (2) Ford Mavericks trucks and the upfitting costs in the amount of $352,161.72
8.14 Commercial Lease Agreement with Rosemary HiFi, LLC, located at 45120 Oasis Street
8.15 Amendment No. 3 to the Lease Agreement between the City of Indio and Miles DTI
8.16 Bravo Project: Approve the design concept by artist Sara Dabbagh to be located at the northwest corner of Avenue 50 and Madison Streets (south of the Bravo residential community) and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for a total amount of $100,000
8.17 First Amendment of the Master Services and Purchasing Agreement with Axon Enterprise Inc. to provide for the purchase of five (5) Da-Jiang Innovations (DJI) drones with the applicable accessories and a one-year subscription with Axon Air in the amount of $28,447.18
8.18 Resolution No. 10396, Ratifying the City Manager's August 20, 2023, Proclamation of a Local Emergency Related to Hurricane Hilary Councilmember Elaine Holmes abstained from Items 8.5, 8.7, 8.14 and 8.15 as she has financial interest in a property within 500ft - 1000ft in the Downtown area.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Consent Calendar Items 8.1 thru 8.4,
8.6, 8.8 thru 8.13 and 8.16 thru 8.18. Carried Unanimously.
Councilmember Elaine Holmes recused herself from the dais.
Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Consent Calendar Items 8.5, 8.7, 8.14 and 8.15. Carried 4-0-1. Councilmember Elaine Holmes abstained.
9. ADMINISTRATIVE ITEMS
9.1 IEFA Resolution No. 2023-02 authorizes the issuance of not to exceed $70,000,000 aggregate principal amount of electric revenue bonds, approves the execution and delivery of certain documents in connection therewith, approves certain capital infrastructure improvement projects, approves the execution and delivery of project agreements in connection therewith, approves
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the execution and delivery of a cost reimbursement agreement and certain other matters
Bryan H. Montgomery, Executive Director introduced Brian P. Forbath of Stradling Law to present the PowerPoint Presentation.
Discussion ensued.
Motion made by Board Member Waymond Fermon, seconded by Board Member Elaine Holmes to approve IEFA Resolution No. 2023-02, authorizing the issuance of not to exceed $70,000,000 aggregate principal amount of electric revenue bonds, approves the execution and delivery of certain documents in connection therewith, approves certain capital infrastructure improvement projects, approves the execution and delivery of project agreements in connection therewith, approves the execution and delivery of a cost reimbursement agreement and certain other matters. Carried unanimously.
9.2 Purchase of five (5) 28MVA Transformers for substations in Indio from Delta Star, Inc. not to exceed $10,500,000
Bryan H. Montgomery, City Manager presented the Staff Report.
Discussion ensued.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve purchase of five (5) 28MVA Transformers for substations in Indio from Delta Star, Inc. not to exceed $10,500,000. Carried unanimously.
9.3 Landscape Maintenance Agreements with Conserve LandCare in the amount of $2,044,996 per fiscal year, for City Properties and Landscape and Lighting District Properties
Timothy T. Wassil, Director of Public Works introduced the item and Conserve LandCare representatives Craig Blouin - Vice President, Brent Fries - Account Manager and Jonathan Silva - Branch Manager.
Conserve LandCare representative presented the Powerpoint Presentation.
Discussion ensued.
Motion made by Councilmember Glenn Miller, seconded by Mayor Pro Tem Lupe Ramos Amith to approve Landscape Maintenance Agreements with Conserve LandCare in the amount of $3,044,996 per fiscal year. Carried Unanimously.
9.4 Community Benefit Agreement with Shyrne Indio, LLC dba STIIIZY for its City of Indio Cannabis Storefront Retail Business Program Permit
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Kevin Snyder, Director of Community Development presented the Staff Reports for Items 9.4 thru 9.8.
Discussion ensued.
Councilmember Elaine Holmes abstained from Administrative Item 9.5, as she owns property within 500ft of one of the retail business.
Motion made by Mayor Pro Tem Lupe Ramos Amith, seconded by Councilmember Glenn Miller to approve Administrative Items 9.4, and 9.6 thru
9.8 approving Shryne Indio, LLC dba STIIIZY, Indio West Coast Retail, LLC dba West Coast Cannabis Club, Indio Responsible & Compliant, LLB dba Embarc and OTC Indio, LLC for Community Benefit Agreements for Indio Cannabis Storefront Retail Business Program Permits. Carried Unanimously.
9.5 Community Benefit Agreement with Culture CC Indio dba Culture Cannabis Club for its City of Indio Cannabis Storefront Retail Business Program Permit Councilmember Elaine Holmes abstained from Administrative Item 9.5, as she owns property within 500ft of the retail business.
Councilmember Elaine Holmes recused herself from the dais.
Motion made by Mayor Pro Tem Lupe Ramos Amith, seconded by Councilmember Glenn Miller to approve Administrative Item 9.5 approving Culture CC Indio dba Culture Cannabis Club for the Community Benefit Agreements for Indio Cannabis Storefront Retail Business Program Permit.
Carried 4-0-1. Councilmember Elaine Holmes abstained.
9.6 Community Benefit Agreement with Indio West Coast Retail, LLC dba West Coast Cannabis Club for its City of Indio Cannabis Storefront Retail Business Program Permit
*motion made on Administrative Item 9.4
9.7 Community Benefit Agreement with Indio Responsible & Compliant, LLC dba Embarc Indio for its City of Indio Cannabis Storefront Retail Business Program Permit
*motion made on Administrative Item 9.4
9.8 Community Benefit Agreement with OTC Indio, LLC for its City of Indio Cannabis Storefront Retail Business Program Permit
*motion made on Administrative Item 9.4
10. PUBLIC HEARINGS
10.1 Resolution No. 10391, requesting the approval of the Calhoun and Ave 43 (Indio Canyon) Specific Plan for the development of 1,200 build-to-rent residential units with community pools, gyms, clubhouses, and open space
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common areas on approximately 60 acres of land located along Calhoun Street and Avenue 43
Kevin Snyder, Director of Community Development introduced the item.
Kendra Reif, Principal Planner presented the PowerPoint Presentation.
Mayor Ortiz opened the Public Hearing at 6:50 p.m. with the following comments:
1. Augie Gomez
2. Nicole Criste, Terra Nova Planning & Research
Discussion ensued.
Mayor Ortiz closed the Public Hearing at 6:55 p.m.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Waymond Fermon to approve Resolution No. 10391 approving the Calhoun and Avenue 43 (Indio Canyon) Specific Plan. Carried unanimously.
10.2 Resolution No. 10390, conditionally approving Tentative Parcel Map 38473 (TPM 22-05-469) for the Desert Retreat by Pulte Homes Project creating 5 parcels of land located along Avenue 38, Avenue 39, Avenue 40, Jefferson Street, and Madison Street and finding it is consistent with the Desert Retreat Final Environmental Impact Report
Kendra Reif, Principal Planner presented the PowerPoint presentation.
Mayor Ortiz opened and closed the Public Hearing at 6:57 p.m. with no comments.
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve Resolution No. 10390 approving Tentative Parcel Map 38473 for the Desert Retreat by Pulte Homes Project. Carried unanimously.
10.3 Certificate of Public Convenience or Necessity for a Type 47 On-Sale General – Eating Place Liquor License for Miles DTI LLC, (Case File No. 23-08-72) located at 82-851 Miles Avenue, Unit 2, Indio CA 92201 & 82-867 Miles Avenue, Indio, CA 92201
Councilmember Elaine Holmes abstained and recused herself from the dais as she owns property within 500ft.
Kevin Snyder, Director of Community Development presented the PowerPoint presentation.
Mayor Ortiz opened the Public Hearing at 7:01 p.m. with no public comments.
Discussion ensued.
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Mayor Ortiz closed the Public Hearing at 7:02 p.m.
Motion made by Councilmember Waymond Fermon, seconded by Mayor Pro Tem Lupe Ramos Amith to approve Certificate of Public Convenience or Necessity for a Type 47 On-Sale General – Eating Place Liquor License for Miles DTI LLC. Carried 4-0-1. Councilmember Elaine Holmes abstained.
10.4 Public Hearing pursuant to the Tax Equity Financial Responsibility Act (“TEFRA”) and adoption of a resolution authorizing the California Municipal Finance Authority (CMFA) to issue tax-exempt bonds to St. John's Community Health to finance the acquisition and renovation of the commercial building located at 82025 Highway 111 to be used as a health clinic Yanel Ramirez, Management Analyst presented the PowerPoint presentation.
Mayor Ortiz opened the Public Hearing at 7:06 p.m. with no comments.
Discussion ensued.
Mayor Ortiz closed the Public Hearing at 7:08 p.m.
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Resolution No. 10395 approving the issuance of tax-exempt revenue bonds by the California Municipal Finance Authority for development of the St. John’s Community Health Clinic to be located at 82025 Highway 111. Carried 4-0-1. Mayor Pro Tem Lupe Ramos Amith abstained.
11. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments provided by the following:
1. A.J. Gallivan - Relocation Assistance Plan
12. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular adjourned joint meeting at 7:14 p.m.
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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