City Council / Indio Water Authority - 17 Jul 2024

City Council / Indio Water Authority - 17 Jul 2024. Location: Council Chamber. Time: 05:00 PM. Agenda: City Council / Indio Water Authority - 17 Jul 2024 - Agenda - Html City of Indio AGENDA City Council / Indio Water Authority Wednesday, July 17, 2024 @ 5:00 PM Council Chamber, 150 Civic Center Mall The City Council serves as the Board for Indio Water Authority and Indio Housing Authority You may view the meeting via Livestream on the City’s website, Facebook Live , YouTube or view and participate via Zoom Webinar ID: 873 1948 7132 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. STUDY SESSION - 4 PM 1. CALL TO ORDER AND ROLL CALL Mayor Lupe Ramos Amith Mayor Pro Tem Glenn Miller Councilmember Elaine Holmes Councilmember Waymond Fermon Councilmember Oscar Ortiz *Mayor Lupe Ramos Amith will be participating via zoom teleconference from Hilton Pasadena, 168 S Los Robles, Pasadena, CA 91101. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed at the top of this agenda. 4. DISCUSSION ITEMS 4.1 4:00 p.m. Study Session - Long Range Finance Plan and Water Rates (Reymundo Trejo, IWA General Manager) 4.2 4:30 p.m. Study Session - Presentations and discussion of the Indio International Tamale Festival REGULAR SESSION - 5 PM 1. CALL TO ORDER AND ROLL CALL Mayor Lupe Ramos Amith Mayor Pro Tem Glenn Miller Councilmember Elaine Holmes Councilmember Waymond Fermon Councilmember Oscar Ortiz *Mayor Lupe Ramos Amith will be participating via zoom teleconference from Hilton Pasadena, 168 S Los Robles, Pasadena, CA 91101. 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  Jenavieve Arroyo, Fourth Grader at Amelia Earhart Elementary 4. APPOINTMENTS 4.1 Nomination by Councilmember Oscar Ortiz of Michael Slater to the Community Services Commission Staff Report - Appointment to the Community Services Commission, D4 - Pdf 9 - 15 5. CITY MANAGER REPORTS AND INFORMATION 6. CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE In compliance with the Political Reform Act, Levine Act, and under Common Law, this agenda item provides 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. 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 June 19, 2024 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve Staff Report - Minutes for June 19, 2024 - Pdf 16 - 24 8.2 Direct Staff to review the City's Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve Staff Report - Biennial Review of the Conflict of Interest Code - Pdf 25 - 26 8.3 City Warrants from 06.14.24 thru 07.11.24 (Ruby D. Walla, Director of Finance) Recommendation: Receive & File Staff Report - City Warrants from 06.14.24 thru 07.11.24 - Pdf 27 - 69 8.4 Approve Amendment No. 1 to the Professional Services Agreement with Chandler Asset Management, LLC for Investment Management Services for a one year extension to March 31, 2025 (Ruby D. Walla, Director of Finance) Recommendation: Approve Staff Report - Amendment No. 1 to PSA with Chandler Asset Management - Pdf 70 - 74 8.5 IWA Warrants from 05.23.24 to 06.05.24 (Rey Trejo, IWA General Manager) Recommendation: Receive & File Staff Report - IWA Warrants from 05.23.24 to 06.05.24 - Pdf 75 - 78 8.6 Resolution No. 10461 authorizing the State Revolving Fund Loan Application for IWA Chromium 6 Treatment for Drinking Water Wells (Rey Trejo, IWA General Manager) Recommendation: Approve Staff Report - Resolution No. 10461 - App. for IWA Chromium 6 Treatment - Pdf 79 - 82 8.7 Supplier Agreement with Ferguson Enterprises, LLC for as-needed water meters and meter parts FY 2024-2025 (Rey Trejo, IWA General Manager) Recommendation: Approve Staff Report - Supplier Agreement with Ferguson Enterprises, LLC - Pdf 83 - 102 8.8 Purchase from Ferguson Waterworks, Core & Main, 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 2024-2025 (Rey Trejo, IWA General Manager) Recommendation: Approve Staff Report - Purchase from Ferguson Waterworks, Core & Main, United Waterworks, Inc. and Western Waterworks - Pdf 103 - 104 8.9 Approve Amendment No. 2 of the Design-Build Agreement with GCX LLC - the Final Guaranteed Maximum Price (GMP) with GCX LLC for The Lights Golf Course Clubhouse in the amount of $4,596,079 and Transfer of Funds for The Lights Golf Course Clubhouse Project (Bryan H. Montgomery, City Manager) Recommendation: Approve Staff Report - Final GMP with GCX LLC for The Lights Clubhouse Project - Pdf 105 - 264 8.10 Resolution No. 10462 , fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act (Andrew Ansoorian, Director of Human Resources & Risk Management) Recommendation: Approve Staff Report - Resolution No. 10462, Employer Contribution for both Employees and Annuitants - Pdf 265 - 268 8.11 Master Sales Agreement Between City of Indio and ConvergeOne for the Purchase of Network Switches and Professional Services from ConvergeOne in the Amount of $148,674.36 (Ian Cozens, Director of Information Technology) Recommendation: Approve Staff Report - Master Sales Agreement w/ ConvergeOne - Pdf 269 - 298 8.12 Three-Year Agreement between the City of Indio and eSentire for Cybersecurity services in the amount of $151,779 (Ian Cozens, Director of Information Technology) Recommendation: Approve Staff Report - Three-Year Agreement between City of Indio and eSentire for Cybersecurity - Pdf 299 - 314 8.13 Approval of a Commercial Lease Agreement with FFA Touring Inc. DBA Studio B, located at 45250 Smurr Street Suite 13 (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - Commercial Lease Agreement w/ FFA Touring Inc. - Pdf 315 - 343 8.14 Approval of a Commercial Lease Agreement with Woo Hospitality, LLC located at 82862 Miles Ave (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - Commercial Lease Agreement w/ Woo Hospitality, LLC. - Pdf 344 - 374 8.15 Approval of Development Impact Fee "DIF" Deferral Agreement with Indio Towne Center I, LLC for a new retail building for a total amount of $221,961.06 (Miguel Ramirez-Cornejo, Interim Director of Economic Development) Recommendation: Approve Staff Report - DIF Deferral Agreement with Indio Towne Center I, LLC - Pdf 375 - 386 8.16 Second Reading 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 (Carl S. Morgan, Interim Director of Community Development) Recommendation: Approve Staff Report - Second Reading of Ordinance No. 1814 - UDC Text Amendments for Storage Facilities Prohibition - Pdf 387 - 649 8.17 Award of Professional Services Agreement to Dudek in the not-to-exceed amount of $100,000 for Consulting Services Pertaining to Implementation of the City's Sixth Cycle Housing Element (Carl S. Morgan, Interim Director of Community Development) Recommendation: Approve Staff Report - PSA w/ Dudek - 6th Cycle Housing Element - Pdf 650 - 677 8.18 Resolution No. 10456 levying the Annual Waste Charges for Fiscal Year 2024/25 and Ordering the Residential Annual Solid Waste Charge to Be Collected on the County of Riverside Tax Roll (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Resolution No. 10456 - Annual Waste Charges FY24-25 - Pdf 678 - 692 8.19 Professional Services Agreement with Harris & Associates, Inc., in an amount not to exceed $3,371,700.35 for the Construction Management and Inspection Services for the Avenue 44 Low Water Crossing Replacement at the Coachella Valley Storm Water Channel Project, Federal Project No. BRLKS-5275(024), City Project No. BR1101 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - PSA w/ Harris & Associates, Inc. for Project No. BR1101 - Pdf 693 - 754 8.20 Construction contract with Ortiz Enterprises, Inc., in an amount not to exceed $28,894,389.80 for the Avenue 44 Bridge at the Coachella Valley Storm Water Channel Project, Federal Project No. BRLKS-5275(024), City Project No. BR1101, and a 10% contingency of $2,889,438.98, for a total amount of $31,783,828.78 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Construction contract w/ Ortiz Enterprises, Inc. (Project No. BR1101) - Pdf 755 - 947 8.21 Deed Restriction on the parcels for the Miles Avenue Park Irrigation Improvements Project, PK1705 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Miles Avenue Park Irrigation Improvements Project Deed Restriction for Grant Funding - Pdf 948 - 964 9. ADMINISTRATIVE ITEMS 9.1 Resolution No. 10463 , Adopting an updated City Investment Policy and annual delegation of investment authority to the City Treasurer and the Treasurer of the Component Municipal Entities pursuant to Government Code Section 53607 (Ruby D. Walla, Director of Finance) Recommendation: Approve Staff Report - Resolution No. 10463 - Investment Policy FY 24/25 - Pdf 965 - 991 9.2 Authorize the City Manager to execute an agreement for event management services for the Indio International Tamale Festival (Jim Curtis, Community Services Manager) Recommendation: Approve Staff Report - Tamale Festival Management Services - Pdf 992 - 1094 9.3 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 (Jennifer Mizrahi, Assistant City Attorney) Recommendation: Approve Introduction and Waive Full Reading Staff Report - Ordinance No. 1816 - Update to City's Camping Ordinance - Pdf 1095 - 1102 10. PUBLIC HEARINGS 10.1 Resolution No. 10454 approving the Engineer’s Annual Levy Report and Resolution No. 10455 ordering the levy and collection of assessments for the Fifty-Two Landscape and Lighting Districts Numbers 01-22, 24-29, and 31-54 proceedings relative to levying annual assessments for Fiscal Year 2024/25 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve Staff Report - Resolution Nos. 10454 & 10455 - LLDs for FY24/25 - Pdf 1103 - 1300 10.2 Resolution No. 10457 authorizing the levy of a special tax for City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and annexation areas thereto; the City of Indio Community Facilities District No. 2004-2 (Law Enforcement, Fire and Paramedic Services); Resolution No. 10458 Community Facilities District No. 2004 -3 (Terra Lago Area No. 1); Resolution No. 10459 Community Facilities District No. 2005-1 (Talavera Area No. 1 and No. 2); and Resolution No. 10460 Community Facilities District No. 2006-1 (Sonora Wells) for fiscal year 2024-2025 (Ruby D. Walla, Director of Finance) Recommendation: Approve Staff Report - Resolutions - Community Facilities Districts FY 24/25 - Pdf 1301 - 1312 10.3 Approval the City's 5-year Consolidated Plan FY 2024-2029, approval of the Annual Action Plan FY 2024-2025 for the Fiscal Year 2024 Community Development Block Grant (CDBG) allocation in the amount of $750,001, reprogramming of unspent prior year CDBG Funds and authorization of a budget adjustment for receipt and utilization of the Fiscal Year 2024 allocation and unspent prior year CDBG Funds (David Razo, Senior Management Analyst) Recommendation: Approve Staff Report - CDBG ConPlan FY 2024-2029, AAP FY 24/25 - Pdf 1313 - 1661 10.4 Ordinance No. 1815 , an extension of Urgency Ordinance No. 1813 adopting a moratorium on the establishment of any new substance abuse treatment facility in the City (Jennifer Mizrahi, Assistant City Attorney) Recommendation: Approve Introduction and Waive Full Reading Staff Report - Ordinance No. 1815 - Extension of Urgency Ordinance No. 1813 - Pdf 1662 - 1671 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: AUGUST 21, 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, City Clerk Administrator of the City of Indio, California, do hereby declare that the foregoing agenda was posted on July 11, 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 CITY CLERK ADMINISTRATOR