City of Indio
City Council / Indio Water Authority Minutes
Wednesday, June 19, 2024
Mayor Ramos Amith called to order the study session meeting of the City Council for the City of Indio and the Indio Water Authority, at 3:31 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
STUDY SESSION - 3:30 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Lupe Ramos Amith
Mayor Pro Tem Glenn Miller
Councilmember Elaine Holmes
Councilmember Oscar Ortiz
Absent:
Councilmember Waymond Fermon
2. PLEDGE OF ALLEGIANCE led by Sabdi Sanchez, City Clerk Administrator
3. PUBLIC COMMENT None
4. DISCUSSION ITEMS
4.1 Water Rate Study - Financial Plan Review and Proposed Rates Rey Trejo, IWA General Manager presented the PowerPoint Presentation, along with Habib Isaac, Co-Owner of IB Consulting.
CLOSED SESSION - 4:30 PM
1. ADJOURN TO CLOSED SESSION TO CONSIDER:
Steven Graham Pacifico, City Attorney requested to add a closed session item relating to significant exposure to litigation, requiring a 2/3 vote.
Motion by Councilmember Oscar Ortiz, seconded by Mayor Pro Tem Glenn Miller to add a closed session item per City Attorney relating to significant exposure to litigation. Carried 4-0-1. Councilmember Waymond Fermon absent.
1.1 Conference with Legal Counsel, Initiation of Litigation, Government Code Section 54956.9, One (1) case
Mayor Ramos Amith called to adjourn to closed session at 4:39 p.m.
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REGULAR SESSION - 5 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Lupe Ramos Amith
Mayor Pro Tem Glenn Miller
Councilmember Elaine Holmes
Councilmember Oscar Ortiz
Present:
Councilmember Waymond Fermon
Motion by Mayor Pro Tem Glenn Miller, seconded by Councilmember Elaine Holmes to excuse Councilmember Waymond Fermon from City Council Meeting of June 19, 2024. Carried 4-0
City Staff Present:
Bryan H. Montgomery, City Manager, Rob Rockwell, Assistant City Manager, Ruby D.
Walla, Dir. of Finance, 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, Chief of Police, Reymundo Trejo, P.E., IWA General Manager, and Steven Graham Pacifico, City Attorney
2. INVOCATION led by Pastor Robert Chapman ~ Garden Fellowship Church
3. PLEDGE OF ALLEGIANCE led by Travis Vera ~ Van Buren Elementary School
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Steven Graham Pacifico reported Council met in Closed Session to discuss the item listed therein and added; there was no reportable action.
5. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery shared in addition to Food Truck Fridays, the City will be hosting an Independence Day Block Party on Friday July 5 from 5p-10p in downtown Indio to include a patriotic drone show at 9pm.
5.1 Fireworks Enforcement
Brian Tully, Chief of Police shared the efforts put forth regarding the enforcement of illegal fireworks in the City of Indio.
6. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS
AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)
Councilmember Ortiz reported on Coachella Valley Association of Governments Energy and Sustainability Commission and Coachella Indio Waste Transfer Joint Powers Authority.
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Councilmember Holmes reported on East Valley Reclamation Authority.
Mayor Pro Tem Miller reported on East Valley Reclamation Authority, Coachella Indio Waste Transfer Joint Powers Authority and Coachella Valley Association of Governments CV Conservation Commission.
Mayor Ramos Amith had no report on committees.
7. CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
Steven Graham Pacifico, City Attorney explained the Levine Act pursuant to Gov.
Code § 84308, an opportunity for City Council members to disclose any potential conflicts of interest related to any other item on the agenda. The purpose of this disclosure is to ensure transparency and maintain public trust in the Council's decision-making process.
8. CONSENT CALENDAR
8.1 Minutes for City Council meeting of June 5, 2024
8.2 City Warrants from 05.31.24 thru 06.13.24
8.3 IWA Warrants from 05.23.24 thru 06.05.
8.4 Memorandum of Understanding with the Desert Community College District (College of the Desert) regarding the use of City-owned property south of City Hall for a parking lot
8.5 Buyout of a portion of the Solar Power Purchase Agreement with Nobell Energy Solutions of the solar power carport system installed in the City Hall parking lot, for a price of $340,000
8.6 Approval of Lease Extension Agreement and Amendment with SBA Communications for Cell Tower Site Located at 83040 Avenue 42, Indio, CA 92203
8.7 Authorization of a payment to Imperial Irrigation District of $953,662 for electrical services required for the City Hall and Library Project
8.8 Second Reading of Ordinance No. 1812, Amending Chapter 31 of the Indio Municipal Code Related to the Duties and Responsibilities of the Elected City Clerk and Elected City Treasurer
8.9 Implementation of changes to the Compensation and Benefits Plan for Management, Confidential and Unrepresented Employees and authorization for the City Manager to execute a successor plan
8.10 Implementation of terms of a Tentative Agreement with the Indio Water Authority Employees’ Association (IWAEA) bargaining unit and authorization for the City Manager to execute a successor Memorandum of Understanding
8.11 Implementation of terms of a Tentative Agreement with the Indio City Employees’ Association (ICEA) bargaining unit and authorization for the City Manager to execute a successor Memorandum of Understanding
8.12 Implementation of terms of a Tentative Agreement with the Indio Service Employees International Union, Local 721 (SEIU) bargaining unit and authorization for the City Manager to execute a successor Memorandum of
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Understanding
8.13 Agreements for Professional Services to perform As-Needed Professional Engineering Plan Check Services with NRO Engineering and NV5, Inc., in an amount not-to-exceed $150,000 per fiscal year, for a three-year term with two optional one-year extensions
8.14 Landscape Maintenance Agreement with Excel Landscape, Inc., in the amount of $85,980 per month totaling $1,031,760 annually, in addition to $300,000 for additional work, for a contract total of $1,331,760 per fiscal year; with a one (1) year term with three (3) optional one (1) year extensions, for City Fund Properties
8.15 Agreements for Professional Services to perform As-Needed Professional Right-of-Way Services with Epic Land Solutions, Inc., Monument ROW, and Overland, Pacific & Cutler, a division of TranSystems, in an amount not-toexceed $250,000 per fiscal year, for a three-year term with two optional oneyear extensions
8.16 Agreements for Professional Services to perform As-Needed Professional Land Surveying, Mapping, and Drafting Services with Michael Baker International, MSA Consulting, Inc., and NV5, in an amount not-to-exceed $250,000 per fiscal year, for a three-year term with two optional one-year extensions
8.17 Agreements for Professional Services to perform As-Needed Professional Architectural Services with Shepphird Associates, McAuliffe & Company, Inc., Holt Architects, and Westgroup Designs, Inc., in an amount not-to-exceed $250,000 per fiscal year, for a three-year term with two optional one-year extensions
8.18 Authorization of the purchase of vehicles based upon the lowest bid and the City’s policy up to $1,257,335.54
8.19 Amendment No. 3 to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio for work related to the Arts and Music Line
8.20 A Task Order to the On-Call Professionals Services Landscape Agreement with Hermann Design Group in an amount not-to-exceed $319,275 for the Construction Management and Inspection Services for the Indio Sports Park - Phase 1, City Project No. PK2203
8.21 Resolutions Nos. 10451, 10452, and 10453 for Landscape and Lighting Districts Numbers 01-22, 24-29, and 31-54 proceedings relative to levying annual assessments for Fiscal Year 2024/25 and setting the public hearing for July 17, 2024
Mayor Pro Tem Glenn Miller pulled Item 8.4 for questions.
Bryan H. Montgomery responded to questions for Item 8.4 Councilmember Elaine Holmes recused herself from Items 8.4, 8.5 & 8.7 due to financial interest in the downtown area.
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Motion made by Mayor Pro Tem Glenn Miller, seconded by Councilmember Oscar Ortiz to approve Consent Calendar Items 8.4, 8.5 & 8.7. Carried 3-1-1.
Councilmember Elaine Holmes abstained. Councilmember Waymond Fermon absent.
Motion made by Mayor Pro Tem Glenn Miller, seconded by Councilmember Oscar Ortiz to approve Consent Calendar Items 8.1 thru 8.3, 8.6 and 8.8 thru
8.21. Carried 4-0-1. Councilmember Waymond Fermon absent.
9. ADMINISTRATIVE ITEMS
9.1 City Resolutions Nos. 10447, 10449, 10450 and Indio Housing Authority Resolution 2024-15 and Indio Water Authority Resolution No. 2024-81, Operating and Capital Improvement Budget, the Capital Improvement Program, the Appropriations Limit, the Citywide Classification and Compensation Plan, the Operating Budget for the Indio Housing Authority, and the Operating and Capital Budget for the Indio Water Authority Ruby D. Walla, Director of Finance presented the PowerPoint Presentation.
Steven Graham Pacifico provided a statement regarding compensation for AtWill Employees per Government Code Section § 54953.
Discussion ensued.
Motion made by Councilmember Oscar Ortiz, seconded by Mayor Pro Tem Glenn Miller to approve City Resolutions Nos. 10447, 10449, 10450 and Indio Housing Authority Resolution 2024-15 and Indio Water Authority Resolution No. 2024-81, Operating and Capital Improvement Budget, the Capital Improvement Program, the Appropriations Limit, the Citywide Classification and Compensation Plan, the Operating Budget for the Indio Housing Authority, and the Operating and Capital Budget for the Indio Water Authority. Carried 3-1-1. Mayor Lupe Ramos Amith opposed. Councilmember Waymond Fermon absent.
10. PUBLIC HEARINGS
10.1 Acceptance of Fiscal Year 2023-2024 Enhancing Law Enforcement Activities Subaccount ("ELEAS") funds in the amount of $141,234 and approval of the enclosed expenditure plan
Brian Tully, Chief of Police presented the Staff Report.
Mayor Ramos Amith opened and closed the Public Hearing at 6:39 p.m. with no comments.
Motion made by Mayor Pro Tem Glenn Miller, seconded by Councilmember Elaine Holmes to approve Acceptance of Fiscal Year 2023-2024 Enhancing Law Enforcement Activities Subaccount ("ELEAS") funds in the amount of $141,234 and approval of the enclosed expenditure plan. Carried 4-0-1.
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Councilmember Waymond Fermon absent.
10.2 Resolution No. 10446, approving the Indio Water Authority Capital Improvement Program, Development Impact Fee Program, and Supplemental Water Supply Program for Fiscal Year 2024-25
Ruby D. Walla, Director of Finance presented the PowerPoint Presentation.
Mayor Ramos Amith opened and closed the Public Hearing at 6:42 p.m. with no comments.
Motion made by Councilmember Oscar Ortiz, seconded by Councilmember Elaine Holmes to approve Resolution No. 10446, approving the Indio Water Authority Capital Improvement Program, Development Impact Fee Program, and Supplemental Water Supply Program for Fiscal Year 2024-25. Carried 4-0-
1. Councilmember Waymond Fermon absent.
10.3 Resolution No. 10448 of the City Council of the City of Indio approving the Capital Improvement Program for Fiscal Year 2024/25
Ruby D. Walla, Director of Finance introduced the Staff Report.
Timothy T. Wassil, Director of Public Works presented the Staff Report.
Mayor Ramos Amith opened the Public Hearing at 6:42 p.m. with the following comments:
1. Gil Marrujo
2. James Suer
3. Mike Zamudio
4. Ruben Arias
Mayor Ramos Amith closed the Public Hearing at 6:58 p.m.
Motion made by Councilmember Oscar Ortiz, seconded by Councilmember Elaine Holmes to approve Resolution No. 10448 of the City Council of the City of Indio approving the Capital Improvement Program for Fiscal Year 2024/25.
Carried 4-0-1. Councilmember Waymond Fermon absent.
10.4 Ordinance No. 1814: Text Amendments to Section 2.04/Figure 2.04.02 and Section 4.19 of the Unified Development Code Establishing as Prohibited Land Uses within the Municipal Limits of the City of Indio Regulated by the Unified Development Code New Indoor/Outdoor Mini-Storage, Self-Storage and Recreational Vehicle Storage Facilities
Kevin H. Snyder, Director of Community Development presented a PowerPoint Presentation for Items 10.4 & 10.5 together, as both relate to Text Amendments for Storage Facilities
Mayor Ramos Amith opened the Public Hearing at 7:11 p.m. with the following comments:
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1. Christian Rodriguez Ceja
Mayor Ramos Amith closed the Public Hearing at 7:15 p.m.
Discussion ensued.
Motion made by Councilmember Oscar Ortiz, seconded by Mayor Pro Tem Glenn Miller to approve Introduction of Ordinance No. 1814, Text Amendments to Section 2.04/Figure 2.04.02 and Section 4.19 of the Unified Development Code Establishing as Prohibited Land Uses within the Municipal Limits of the City of Indio Regulated by the Unified Development Code New Indoor/Outdoor Mini-Storage, Self-Storage and Recreational Vehicle Storage Facilities, and waive full reading. Carried 4-0-1. Councilmember Waymond Fermon absent.
10.5 Resolution No. 10445: Text Amendments to Section 3.5/Table 3.5-1 of the Highway 111 Corridor Specific Plan Establishing as Prohibited Land Uses within the Boundaries of the Specific Plan New Indoor/Outdoor Mini-Storage, Self-Storage and Recreational Vehicle Storage Facilities Kevin H. Snyder, Director of Community Development presented a PowerPoint Presentation for Items 10.4 & 10.5 together, as both relate to Text Amendments for Storage Facilities
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Oscar Ortiz to approve Resolution No. 10445, Text Amendments to Section
3.5/Table 3.5-1 of the Highway 111 Corridor Specific Plan Establishing as Prohibited Land Uses within the Boundaries of the Specific Plan New Indoor/Outdoor Mini-Storage, Self-Storage and Recreational Vehicle Storage Facilities. Carried 4-0-1. Councilmember Waymond Fermon absent.
10.6 Urgency Interim Ordinance No. 1813: Adoption of a Moratorium on the Establishment of any New Substance Abuse Treatment Facility or any Related Use or Activity in Order to Study Where Such Facilities may be Properly Located
Steven Graham Pacifico, City Attorney presented the Staff Report.
Discussion ensued.
Mayor Ramos Amith opened and closed the Public Hearing at 7:22 p.m. with no comments.
Motion made by Mayor Pro Tem Glenn Miller, seconded by Councilmember Oscar Ortiz to approve Urgency Interim Ordinance No. 1813, Adoption of a Moratorium on the Establishment of any New Substance Abuse Treatment Facility or any Related Use or Activity in Order to Study Where Such Facilities may be Properly Located. Carried 4-0-1. Councilmember Waymond Fermon absent.
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11. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments provided by the following:
1. Christian Rodriguez Ceja (Pride Proclamation)
2. Jonathan Becerra (Pride Month)
3. Vanessa Rivera (Pride Month)
4. Marylou Marrujo (Tamale Festival)
12. ADJOURN
There being no further business to discuss Mayor Ramos Amith adjourned the regular joint meeting at 7:35 p.m.
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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