City Council / Indio Water Authority - 21 Aug 2024

City Council / Indio Water Authority - 21 Aug 2024. Location: Council Chamber. Time: 05:00 PM. Agenda: City Council / Indio Water Authority - 21 Aug 2024 - Agenda - Html City of Indio AGENDA City Council / Indio Water Authority Wednesday, August 21, 2024 @ 5:00 PM Council Chamber, 150 Civic Center Mall The City Council serves as the Board for Indio Water Authority You may view the meeting via Livestream on the City’s website, Facebook Live , YouTube or view and participate via Zoom Webinar ID: 865 2155 8733 Passcode: 92201 Agenda en Español Spanish Interpretation: A bilingual interpreter is available during the Council meeting via Zoom. The meeting can be heard in Spanish by clicking the Interpretation globe at the bottom of the zoom screen and selecting Spanish. Interpretacion en Espa ñ ol: Un intérprete bilingüe está disponible durante la reunión del Consejo a través de Zoom. La reunión se puede escuchar en español seleccionando el globo terráqueo de interpretación en la parte inferior de la pantalla de zoom. CEQA Statement: Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA under Guideline Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”) please contact the office of the City Clerk at 760-391-4007 prior to the meeting for assistance. Members of the public who desire to address the City Council during the meeting may do so either in person or orally or in writing as described below. Oral Comments: Oral testimony can be provided in person or during the virtual live session. Individual speakers are limited to three minutes each, unless the Mayor amends the time limit. To address the Council in person please complete speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. To address the Council during the virtual live session via zoom, please email the City Clerk at cityclerk @indio.org , or alternatively, during the specific agenda item or general comment period (i.e. non-agenda items), please use the "raise your hand" function in zoom in order to be recognized by the City Clerk in order to provide comments in real time. The City Clerk will facilitate to the extent possible any email requests to provide oral testimony that are sent during the live meeting. Please specify on the subject line of the email “Oral Comment” and note the agenda item number or if general comment (i.e. non-agenda item). To participate during the live session, please keep track of the meeting proceedings by watching the meeting via Livestream, Facebook Live, YouTube, or Zoom. Please raise your hand and your name or other identifier (phone number) will be called when it is your turn to speak. Written Comments: If you are unable to provide comments during the meeting (whether in person or the virtual live session), written public comments on agenda and non-agenda items, or both, may be submitted by email to the City Clerk at cityclerk @indio.org . Please specify on the subject line the agenda item number or if general public comment (i.e. non-agenda item). For example on a specific item, write "agenda item 8a" on the email subject line. Email/Written comments must be received by the City Clerk no later than 2:00 p.m. on the day of the meeting and such comments will be distributed to the City Clerk, City Council, posted on the agenda landing page and be made part of the agenda packet and public record of the meeting; however, they will not be read during the meeting. Public Hearing Items: Any person may provide in-person comments on public hearing items. Oral or written comments will also be accepted on public hearing items in the manner prescribed in the notice at the top of this agenda except that comments will be accepted during the public hearing until the hearing is closed. MISSION STATEMENT THE CITY OF INDIO'S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO ENHANCE THE QUALITY OF LIFE FOR OUR RESIDENTS, VISITORS AND THE BUSINESS COMMUNITY DISCLOSURE OF CAMPAIGN CONTRIBUTIONS (Levine Act – Government Code section 84308) Pursuant to Government Code section 84308, members of the Indio City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City of Indio employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the Indio City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a Councilmember since January 1, 2023, are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient Councilmember and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing. REGULAR SESSION - 5 PM 1. CALL TO ORDER AND ROLL CALL Mayor Lupe Ramos Amith Mayor Pro Tem Glenn Miller Councilmember Elaine Holmes Councilmember Oscar Ortiz Councilmember Waymond Fermon 2. INVOCATION The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council does not engage in any prior inquiry, review of, or involvement in, the content of the invocation, except to request the speaker to refrain from using the invocation as an opportunity to attempt to convert others to a particular faith or to disparage any faith or belief and for the speaker to face the City Council. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Clerk will make the Council’s policy on invocations available upon request for public inspection and copying. 3. PLEDGE OF ALLEGIANCE  Mia De La Torre, Fifth Grader at Madison Elementary 4. PRESENTATIONS 4.1 Proclamation - Retirement of Rob Rockwell, Assistant City Manager 4.2 Proclamation to current or former member of the Armed Forces In Honor of Hunter Lopez Day 5. CITY MANAGER REPORTS AND INFORMATION 6. CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE 7. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D) 8. CONSENT CALENDAR Consent calendar items are considered to be routine in nature and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. Public requests to discuss consent calendar items must be filed with the City Clerk before the consent calendar is called. This is the time for any member of the public wishing to speak on a consent calendar item to do so. Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he/she wishes to speak. Unless a consent calendar item is pulled for discussion by a council member, there will be no further opportunity to discuss the matter. If a consent calendar item is pulled for Council discussion and a member of the public then wishes to speak, he/she shall limit comments to matters raised during the Council discussion. 8.1 Minutes for City Council meeting of July 17, 2024 (Sabdi Sanchez, Director of City Clerk Services) Recommendation: Approve Staff Report - Minutes for July 17, 2024 - Pdf 9 - 16 8.2 City Warrants from 07.12.24 thru 08.15.24 (Ruby D. Walla, Director of Finance) Recommendation: Receive & File Staff Report - City Warrants from 07.12.24 thru 08.15.24 - Pdf 17 - 82 8.3 Report of investments for the quarter ending June 30, 2024 (Ruby D. Walla, Director of Finance) Recommendation: Receive & File Staff Report - Investment report for the quarter ending June 30, 2024 - Pdf 83 - 150 8.4 IWA Warrants from 07.03.24 thru 08.01.24 (Rey Trejo, IWA General Manager) Recommendation: Receive & File Staff Report - IWA Warrants from 07.03.24 thru 08.01.24 - Pdf 151 - 157 8.5 Resolution No. 10465 authorizing the United States Department of Interior, Bureau of Reclamation (USBR) WaterSMART program Application for the Indio Water Authority Chromium 6 Treatment for Drinking Water Wells; and authorize the Executive Director as the Authorized Representative for the for the USBR WaterSMART program application (Rey Trejo, IWA General Manager) Recommendation: Approve Staff Report - Resolution No. 10465 (USBR) WaterSMART program Application - Pdf 158 - 161 8.6 Amendment No. 3 to the Professional Services Agreement with CA Consulting Services, LLC for additional amount of $400,000 for engineering technical advisory and program management support services to implement the approved Capital Improvement Program, programming related support, and update Water Operations standard operating procedures (SOPs) (Rey Trejo, IWA General Manager) Recommendation: Approve Staff Report - Amendment No. 3 to PSA w/ CA Consulting Services, LLC - Pdf 162 - 168 8.7 Amendment No. 3 to the Professional Services Agreement with DRP Engineering, Inc. for additional amount of $600,000 for professional construction engineering services, new treatment facility constructability reviews, and construction management support services to implement the approved Capital Improvement Program and Chromium 6 Program (Rey Trejo, IWA General Manager) Recommendation: Approve Staff Report - Amendment No. 3 to the PSA w/ DRP Engineering, Inc. - Pdf 169 - 174 8.8 Amendment No. 2 to the Professional Services Agreement between the City and Tilden-Coil Constructors to increase the contract amount by $86,991.81 which includes the final cost of security cameras for the construction site of the Public Safety Campus (Bryan H. Montgomery, City Manager) Recommendation: Approve Staff Report - Amendment No. 2 to the PSA w/Tilden-Coil Constructors - Pdf 175 - 180 8.9 First Amendment to the Agreement for Animal Control Field and Shelter Services with the County of Riverside (Rob Rockwell, Assistant City Manager) Recommendation: Approve Staff Report - Amendment No. 1 for Animal Control Field and Shelter Services - Pdf 181 - 198 8.10 Budget Adjustment in Special Revenue Fund 220 (Proposition 172) in the amount of $521,258.00 (Brian Tully, Chief of Police) Recommendation: Approve Staff Report - Budget Adjustment - Pdf 199 - 200 8.11 Agreement for Special Legal Counsel Services with the law firm of Liebert Cassidy Whitmore (Andrew Ansoorian, Director of Human Resources & Risk Management) Recommendation: Approve Staff Report - Special Legal Services w/ Liebert Cassidy Whitmore - Pdf 201 - 210 8.12 Approval of Development Impact Fee "DIF" Deferral Agreement with SST Real Estate, LLC for a new apartments complex known as Blu Sapphire for a total amount of $314,436.97 (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - DIF Deferral Agreement with SST Real Estate LLC - Pdf 211 - 222 8.13 Approval of Development Impact Fee "DIF" Deferral Agreement with Pacific West Communities, Inc for a new phase 2 apartments complex for a total amount of $1,318,746.82 (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - DIF Deferral Agreement with Pacific West Communities, Inc - Pdf 223 - 234 8.14 Fourth Amendment to the Disposition and Development Agreement between the City of Indio and Coachella Valley Development Partners, assumed by Versed Development Group, for the completion of Skyline at Bliss & Oasis project. As well as approval of Development Impact Fees "DIF" Deferral Agreement with Versed Development Group for a new apartment complex for the total amount of approximately $450,572.65 (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - Fourth Amendment to DDA w/ Coachella Valley Development Partners & DIF Deferral Agmt - Pdf 235 - 255 8.15 Approval of Purchase Agreement with Dekra-Lite for the purchase of Holiday Decorations in the amount of $128,151.90 (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - Purchase Agreement with Dekra-Lite for Holiday Decor. - Pdf 256 - 266 8.16 Approval of an 18-month amendment extension for golf course management services for The Lights at Indio Golf Course with Landmark Golf Limited Partnership in the amount of $209,866.58 (Jim Curtis, Community Services Manager) Recommendation: Approve Staff Report - Extension of golf course management services w/ Landmark Golf. - Pdf 267 - 272 8.17 Second Reading of Ordinance No. 1815, Extension of Urgency Ordinance No. 1813 adopting a moratorium on the establishment of any new substance abuse treatment facility in the City (Steven Graham Pacifico, City Attorney) Recommendation: Approve Staff Report - Second Reading of Ordinance No. 1815 - Extension of Urgency Ordinance No. 1813 - Pdf 273 - 282 8.18 Second Reading of Ordinance No. 1816 , an Ordinance of the City Council of the City of Indio Amending Sections 130.020 and 130.021 of the Indio Municipal Code Regarding the Prohibition on Camping and Storage of Personal Property on Public Property Following the United States Supreme Court's Decision in Johnson v. City of Grants Pass (Steven Graham Pacifico, City Attorney) Recommendation: Approve Staff Report - Second Reading of Ordinance No. 1816 - Update to City's Camping Ordinance - Pdf 283 - 290 8.19 Fall Surface Replacement Agreement with Dave Bang Associates, Inc. in an amount not-to-exceed $99,194.60 for the Yucca Park playground areas (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Fall Surface Replacement Agreement with David Bang Associates, Inc. - Pdf 291 - 329 8.20 Fuel purchase in the amount of $500,000 from Soco Group, Inc. for the City’s bulk fuel needs (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Purchase of Bulk Fuel from Soco Group, Inc. - Pdf 330 - 364 8.21 Construction contract with Petrochem Materials Innovation, Inc. in an amount not-to-exceed $3,500,000 per fiscal year for the Citywide Roadway Maintenance for a three (3) year term with two (2) optional one (1) year extensions (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Construction Contract with Petrochem Materials Innovation, Inc. - Pdf 365 - 380 8.22 Change Order No. 1 for Conserve Landcare, LLC for additional contract services for Lighting and Landscape Districts Areas 1, 9, 10, 11, 14, 21, 24-28, 32-34, 36-41, 43, 44, 47, 48, and 50, totaling $67,614.02 for FY 2023/24 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Conserve Landscape, Inc. Change Order No. 1 - Pdf 381 - 386 8.23 Final Parcel Map No. 38791, generally located north of Avenue 51 and west of Jackson Street, off Los Palos Road (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Final Parcel Map. 38791 - Pdf 387 - 390 8.24 Approval of Final Parcel Map for Shifin Inc., Parcel Map No. 38741, generally located on the south side of Highway 111 and east of Shields Road (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Final Parcel Map No. 38741 - Pdf 391 - 394 8.25 Budget Appropriation with Shades Structures, Inc. in the amount of $120,223.26 for Shade Structures at Davis Field #3 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Budget Appropriation with Shades Structures, Inc. - Pdf 395 - 454 9. ADMINISTRATIVE ITEMS 9.1 Approve the conservation and restoration of the City’s mural collection, award the contract to Scott M. Haskins of FACL, Inc., and authorize the City Manager and City Attorney to negotiate and finalize the agreement with Scott M. Haskins and FACL, Inc. for an amount not to exceed $170,474. This contract will cover immediate conservation and restoration for nine murals for the amount of $148,794, and annual conservation and restoration costs $21,680 (Leila Namvar, Public Arts Analyst) Recommendation: Approve Staff Report - Indio Mural Collection Conservation and Restoration - Pdf 455 - 480 9.2 Ordinance No. 1818 , an ordinance of the City Council of the City of Indio, amending Section 10.19 and adding Sections 10.20 through and including 10.23 to the City's Municipal Code regulating use of the City's Seal and Logo (Steven Graham Pacifico, City Attorney) Recommendation: Approve Introduction & Waive Full Reading Staff Report - Ordinance No. 1818 regulating use of the City's Seal and Logo - Pdf 481 - 489 10. PUBLIC HEARINGS 10.1 Ordinance No. 1817 & Resolution No. 10464 - Rescinding of legislative actions previously approved by the City Council pertaining to expansions of the City's Spheres of Influence (Steven Graham Pacifico, City Attorney) Recommendation: Approve Resolution and Ordinance Introduction & Waive Full Reading Staff Report - Ord No. 1817 & Reso No. 10464 - Rescinding Entitlements RE: LAFCO Settlement - Pdf 490 - 496 10.2 Request for City Council Certificate of Public Convenience or Necessity for a Type 21 Off-Sale Liquor License issued by the California Department of Alcoholic Beverage Control (ABC) for Rocket (City Case No. PLAN-PCN-24-0004), an existing convenience store located at 80976 Highway 111, Indio, CA 92201 (Assessor’s Parcel Number 600-200-014) (Carl S. Morgan, Interim Director of Community Development) Recommendation: Approve Staff Report - Certificate of PCN for Rocket Convenience Store - Pdf 497 - 507 11. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed on the first page of this agenda. 12. ADJOURN NEXT COUNCIL / IWA MEETING: SEPTEMBER 18, 2024 Agenda packets are available on the city’s website at www.indio.org. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available in City Clerk's Office at 100 Civic Center Mall, Indio, during normal City business hours and during the meeting. PUBLIC NOTICE The Indio City Council Chamber is accessible to person(s) with disabilities. If special equipment is needed, for the hearing impaired, please call the City Clerk's office. Persons with disabilities can receive this agenda in an alternative format and should call the City Clerk's office at 3914007. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting ( 28 CFR 35.102, and 35.104 ADA Title II ). RULES OF DECORUM To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in Ordinance No. 1205. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully. COMMUNICATION AND ELECTRONIC DEVICE To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode. DECLARATION OF POSTING I, Sabdi Sanchez, Director of City Clerk Services of the City of Indio, California, do hereby declare that the foregoing agenda was posted on August 15, 2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations: City of Indio Council Chamber, 150 Civic Center Mall, Indio, CA 92201 City of Indio website www.indio.org Sabdi Sanchez SABDI SANCHEZ, CMC DIRECTOR OF CITY CLERK SERVICES