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Minutes

Indio City Council
October 18, 2023

Document
Minutes
Meeting
October 18, 2023
Body
Indio City Council
Pages
6
Original file
43.9 MB
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, October 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 4:03 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

Absent:

Mayor Pro Tem Lupe Ramos Amith
Councilmember Elaine Holmes

2. PUBLIC COMMENT None.

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 Conference with Labor Negotiator, Government Code Section 54957.6; City Negotiator: Bryan H. Montgomery, City Manager; Employee Organizations:

POA & PCU

3.2 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: APN's 611-153-009, 611-153-001, and 611- 153-004; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and The Firm Brokerage; 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 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 *joined via zoom per AB2449 Councilmember Waymond Fermon

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Minutes for City Council meeting of October 18, 2023 (Sabdi Sanchez, Cit... Page 36 of 189 City Council / Indio Water Authority
October 18, 2023
City Staff Present:

Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager and Dir. Of Finance, Kevin H. Snyder, Dir. Of Community Development, Carl S. Morgan, Dir. Of Economic Development, Sabdi Sanchez, City Clerk Administrator, Mike Washburn, Chief of Police, Ian Cozens, Dir. Of Information Technology, Timothy T. Wassil, Dir.

Of Public Works, Steven Graham, City Attorney, and Jillian Martins, Assistant City Attorney.

Mayor Oscar Ortiz called for a moment of silence for all lives lost in the Middle East - Palestine and Israeli Wars

2. INVOCATION Pastor Christian Slye ~ Garden Fellowship Church

3. PLEDGE OF ALLEGIANCE led by Wendy Pinto ~ Sixth Grader at Indio Middle 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 - National Disability Employment Awareness Month Mayor Ortiz presented a proclamation for National Disability Employment Awareness Month to Richard Balocco, President, and CEO of Desert Arc.

6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery shared the success of Second Saturday events, with the next concert to be held on November 11, 2023, off Miles and Smurr Street. Food Truck Fridays will continue every Friday from 5pm to 10pm and Farmers Market is set to return Saturday October 21, 2023, at 10am to 2pm, both events to take place in the City Hall parking lot for the time being due to seeding.

7. YOUTH ADVISORY COUNCIL (YAC)
Youth Advisory Council Mayor Pro Tem Frida Arriga shared about their visit to The Living Desert Conservation Program and the upcoming FIND Food Distribution event they will be volunteering for and reminded council of their partnership with Acrisure Arena by selling tickets to a Firebirds hockey game on December 16, 2023, at 6pm to fundraise for donations.

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 had no reports on committees.

Councilmember Fermon had no reports on committees.

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Minutes for City Council meeting of October 18, 2023 (Sabdi Sanchez, Cit... Page 37 of 189 City Council / Indio Water Authority
October 18, 2023
Councilmember Miller had no report on committees.

Mayor Pro Tem Ramos Amith had no report on committees.

Mayor Ortiz had no report on committees.

9. APPOINTMENTS

9.1 Appointment of Reymundo Trejo to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC), Seat 1
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to appoint Rey Trejo to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC). Carried Unanimously.

10. CONSENT CALENDAR

10.1 Minutes for City Council meeting of October 4, 2023

10.2 2024 City Council Meeting Calendar

10.3 City Warrants from 09.29.23 thru 10.12.23

10.4 IWA Warrants from 09.21.23 thru 10.04.23

10.5 Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID) Reimbursement of $340,979.17 as part of the Public Safety Campus Project

10.6 Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG), in an amount not to exceed $900,000, for work related to the co-location of City of Indio broadband fiber with the construction of CV Sync Phase II and authorize the City Manager to negotiate and sign the final agreement

10.7 Accept the Street and Survey Monument Improvements and authorize release of the Surety for Beazer Homes Holdings, LLC., Tract Map No. 32411

10.8 Contract Change Order No. 1 in the amount of $104,833.48 with Three Peaks Corp., for the construction of underground conduits, electrical equipment and necessary connections and allocate $43,274.50 to be paid to the Imperial Irrigation District for the miscellaneous materials and metering to energize facilities for the new Living Room Park Improvements Project, City Project No.

PK2101

10.9 Second Reading of Ordinance No. 1798: One (1)-Year Extension Request by California REO Acquisition Partners IV, LP of the Administrative Design Review Approval (ADR-16-10-405) for Regency Palms Indio located on Avenue 48 west of its intersection with Monroe Street and comprised of Assessor’s Parcel Numbers 616-200-038, 616-200-039, 616-200-040 and 616- 200-038-140
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Consent Calendar. Carried with Mayor Pro Tem Ramos Amith opposing on Item 10.9. Vote 4-1.

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Minutes for City Council meeting of October 18, 2023 (Sabdi Sanchez, Cit... Page 38 of 189 City Council / Indio Water Authority
October 18, 2023

11. ADMINISTRATIVE ITEMS

11.1 Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ban the use of Safe and Sane Fireworks, conform social host liability to such use, in order to improve City Enforcement for code violations which will enhance Public Safety, Health and Welfare
Steven Graham, City Attorney introduced Jillian Martins, Assistant City Attorney to present the Staff Report.

Jillian Martins, Assistant City Attorney presented the Staff Report.

Discussion ensued.

Items 11.1 & 12.1 were combined for discussion and approval per Mayor Ortiz.

12. PUBLIC HEARINGS

12.1 Ordinance No. 1800, Amending Chapter 93 of the Code of Indio, The Fire Code, to ban the use of Safe and Sane Fireworks and delineate cost of Enforcement Recovery and corresponding procedures in order to improve enforcement for fire code violations to enhance public safety, health and welfare
Mayor Ortiz opened the Public Hearing at 5:35 p.m. with the following comments:

1. John Kelly (TNT Fireworks)

2. Daniel Alvarado

3. Gerber Guzman

4. Sarah Romero

5. Kim Hardee

6. Renee Oudinarath

7. Sofia Negrete
Mayor Ortiz closed the Public Hearing at 5:58 p.m.

Discussion ensued.

Mayor Pro Tem Ramos Amith requested better outreach so that those with Posttraumatic Stress Disorder (PTSD), Veterans and homeless are present at the next meeting to provide their input.

Motion made by Mayor Oscar Ortiz seconded by Councilmember Waymond Fermon to approve the Council direction affecting both Items 11.1, Ordinance No. 1799 and 12.1, Ordinance No. 1800 and bring back for first reading, keep the public hearing open and continue the public hearing to the next meeting, and revise the ordinance to enhance enforcement on illegal fireworks and

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Minutes for City Council meeting of October 18, 2023 (Sabdi Sanchez, Cit... Page 39 of 189 City Council / Indio Water Authority
October 18, 2023
continue to allow safe and sane fireworks. Motion Carried 3-2 with Mayor Pro Tem Lupe Ramos Amith and Councilmember Elaine Holmes opposing.

13. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
None

14. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular joint meeting at 6:13 p.m.

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Minutes for City Council meeting of October 18, 2023 (Sabdi Sanchez, Cit... Page 40 of 189

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