Indio City Council
January 19, 2022

AGENDA ITEM #10.3
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Public Arts Commission’s Recommendations:

On November 9, 2021 meeting, the Public Arts Commission adopted recommendations for the City Council’s consideration on restoration or repair of each mural. Each mural is discussed below and is referenced by number as set forth in the chart above. Attachment B includes the November 9th Public Arts Staff Report.

MURAL 1: HISTORY OF TRANSPORTATION, WHICH IS LOCATED AT 82253 INDIO BOULEVARD, WEST WALL ON CLARK'S TRAVEL CENTER, FACING SUNGOLD STREET.

Current Condition for Mural #1, Assessed by Evergreen Architectural Arts:

Painted by artist Duane Flatmo in 1997, History of Transportation is one (1) of two (2) murals painted at the Clark’s Truck Stop on Indio Boulevard. The composition is executed on the side facade, along the West wall of the building. I t is painted on a white primed cement block of a generally smooth surface with the exception of indented grout lines. The substrate shifts to a wooden panel in the central portion of the mural. Overall, the substrate, primer, and paint layers are in critic al condition. Active cracking of the substrate, paint flaking, and paint loss were documented throughout. The surface appears significantly soiled throughout with multiple areas of graffiti and surface accretions such as bird excrement, paint splatters, foam insulation, and calcareous deposits due to water flow around a faulty gutter system. The paint layers in the central portion of the mural, where the substrate switches to a wooded panel, appear to be abraded and worn (particularly in the sky). Select areas of loss have been poorly overpainted, and do not accurately represent the intentions of the original composition. A varnish layer was previously applied to the entire surface of the mural, which has begun to disintegrate, producing an uneven, discolored, flaking, and powdering surface.

AGENDA ITEM #10.3
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Pubic Arts Commission’s Recommendation for Mural # 1:

To retain the mural as is and re -evaluate its condition with the Public Arts Commission in 48 months.

MURAL 2: MARY ANN’S BAKERY, WHICH IS LOCATED AT 82 253 INDIO BLVD., NORTH WALL ON WEST END, ON CLARKS TRAVEL CENTER FACING INDIO BLVD.

Current Condition for Mural # 2, Assessed by Evergreen Architectural Arts:

Painted by artist Duane Flatmo in 1997, Mary Ann’s Bakery is one (1) of two (2)murals painted at the Clark’s Truck Stop on Indio Boulevard. The composition is executed on the front facade, or Northwest corner of the building. The mural is executed on white primed cement block with deep grout lines. The texture is relatively smooth, although the deep grout lines allow dirt and surface accretions to settle in the indents. There is a small section in the upper portion of the mural where the substrate changes to a plastered surface with textured “stucco” plaster on the east side and smooth plaster west. Overall, the substrate and paint layers are in fair condition.

A minimal amount of cracking was documented in the substate. Paint loss and active flaking were primarily noted along the bottom margin on the composition. The surface appears only slightly soiled throughout, with occasional graffiti and surface accretions such as bird excrement and mortar splatter. The paint layers in the upper right stucco section appear to be weathered and abraded.

AGENDA ITEM #10.3
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Pubic Arts Commission’s Recommendation for Mural # 2:

To retain the mural as is and re-evaluate its condition with the Public Arts Commission in 48 months.

MURAL 3: DESERT CAHUILLA VILLAGE, WHICH IS LOCATED AT 82862 MILES AVENUE; SOUTHEAST CORNER OF INDIO BLVD. & TOWNE STREET, FACING INDIO BLVD.

Current Condition for Mural # 3, Assessed by Evergreen Architectural Arts:

Painted by artist Don Gray in 1998, Desert Cahuilla Village is one of the largest scale murals that was assessed during the recent sur vey. It is located at the Southeast corner of Indio Boulevard at Towne Street. It is painted on a white primed cement block support with deep indented grout lines, and a generally rough surface. The pronounced texture allows dirt and surfaces accretions to easily collect and become embedded. The mural was executed over a substrate that contained multiple areas of previous, pronounced patching. The substrate and patches appear stable, although the textures differ significantly. Overall, the substrate, primer, and paint layers are in stable condition. The presenting paint layers appear to be light-bleached or faded due to significant sunlight and UV exposure. The surface is fairly soiled throughout, with scuffs and abrasions along the bottom margins. There are slight discolorations, particularly within the lower blue fields of the composition. The central figure has large graffiti on its chest.

The appearance of the graffiti was subdued with an inappropriate overpaint, causing additional discoloration of the area.

AGENDA ITEM #10.3
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Public Arts Commission’s Recommendation for Mural # 3:

To conduct Evergreen Architectural Arts’ recommended minimum restoration in the estimated amount of $16,046.

MURAL 4: HISTORY OF THE DATE INDUSTRY IN THE COACHELLA VALLEY, WHIC H IS LOCATED AT 45013 OASIS STREET, NORTH WALL ON EAST END (TO THE LEFT), FACING MILES AVENUE.

Current Condition for Mural # 4, Assessed by Evergreen Architectural Arts:

Painted in acrylic medium by artist Chuck Caplinger in 1998, History of the Date Industry in the Coachella Valley is located at the southwest corner of Miles Avenue and Oasis Street. It is painted on a white primed cement block support with a generally smo oth surface excepting indented grout lines. Overall, the substrate, primer, and paint layers are in critical condition.

Active cracking and spalling of the substrate, abrasion, significant paint flaking, and paint loss were documented throughout. The surf ace appears significantly soiled, with scuffs along the bottom margins and brown surface accretions in the upper left sky. The mural has been previously repainted in its entirety, due to extensive damages to the pictorial layers. A varnish layer was previo usly applied over the surface of the mural which has begun to disintegrate, leaving an uneven, discolored, flaking, and powdering surface. The varnish was applied with a roller, producing a thick and uneven layer. The roller texture also caused small bubbles on the surface of the varnish throughout the entire mural.

AGENDA ITEM #10.3
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Public Arts Commission’s Recommendation for Mural # 4:

Contact the property owner for an agreement to decommission the mural (i.e. remove the mural) and clean and repaint the building wall surface.

MURAL 5: HISTORY OF THE ELECTRICITY IN AND AROUND INDIO, WHICH IS LOCATED AT 45-435 FARGO STREET; FACING CIVIC CENTER DRIVE.

Current Condition for Mural # 5, Assessed by Evergreen Architectural Arts:

Painted in an oil medium by artist Jim Fahnestock in 2000, History of Electricity In and Around Indio was painted two years prior to his mural Agriculture in Ind io and the Coachella Valley.

The mural is located at 45 -435 Fargo Street on the Southwest corner of Civic Center Mall at Fargo Street. It is executed on a primed, cement block support with a generally smooth surface finish, excepting indented grout lines.

The left 15 feet (approximate) of the composition is painted on a larger support block format and appears to be in better condition than the mural as a whole. Overall, the substrate, primer, and paint layers (excluding the 15 feet of mural executed on a differing block substrate) are in critical condition. Active cracking and spalling of the substrate, abrasion, paint flaking and loss, and varnish flaking and powdering were identified and documented throughout. Rainwater appears to have eroded the paint layer in large streaks, creating large areas of loss particularly concentrated along the top margin. The surface appears significantly soiled throughout, with tenacious splashes, graffiti, and inappropriate paint touchups. The presenting paint layers appear significantly faded from exposure to direct sunlight. Significant powdering and loss from apparent water streaking compound the faded and inconsistent visual appearance. In addition, the substrate appears to be spalling from salt efflorescence.

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 142 of 418

Public Arts Commission’s Recommendation for Mural # 5:

Contact the property owner for an agreement to decommission the mural (i.e. remove the mural) and clean and repaint of the building wall surface.

MURAL 6: AGRICULTURE IN INDIO AND COACHELLA VALLEY, WHICH IS LOCATED AT 82740 MILES AVENUE; EAST WALL OF YELLOW MART, FACING TOWNE STREET.

Current Condition for Mural # 6, Assessed by Evergreen Architectural Arts:

Painted in an oil medium by artist Jim Fahnestoc k in 2002, Agriculture in Indio and the Coachella Valley is located along Towne Street on the east -facing wall of the Yellow Mart building. The mural is executed on an undetermined substrate, skimmed with plaster which provides a semi-rough surface texture. The texture allows dirt and surfaces accretions to easily collect. Minor cracks in the substrate were documented throughout the composition. Pictorial layers appear generally stable, with minimal loss and flaking, primarily along the bottom edge.

The presenting paint layers seem to be significantly bleached due to UV exposure. The surface appears significantly soiled throughout, with heavier soiling along the bottom margin. A varnish layer was likely applied to the mural which appears to be causing blanc hing in select areas, leaving an uneven and chalky (almost ghost-like) appearance. Areas affected by the blanching include the field to the left of the central figure, the central figure, grape bunches and vines, the green landscape behind the horses, and the figures on the right (including the suitcase).

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 143 of 418

Public Arts Commission’s Recommendation for Mural # 6:

To retain the mural as is and re-evaluate its condition with the Public Arts Commission in 48 months.

MURAL 7: HISTORY OF WATER IN COACHELLA VALLEY, WHICH IS LOCATED AT 45 -175 FARGO STREET, SOUTH WALL OF THE INDIO PERFORMING ARTS CENTER.

Current Condition for Mural # 7, Assessed by Evergreen Architectural Arts:

History of Water in the Coachella Valley is the second mural in the current assessment painted by artist, Don Gray. The mural was executed in 2003, and is located at 45 -175 Fargo Street, East of Smurr Street and North of Civic Center Mall, on the south facing wall between Fargo Street and the alley at Pocket Park. The mural is executed on a metal lath substrate, skimmed with a plaster layer of semi-rough surface texture. The texture allows dirt and surface accretions to easily collect. Overall, the substrate, primer, and paint layers are in poor condition. There is active large-scale cracking of the support plaster, many of which have resulted in complete loss of both the plaster and paint layers. The surface appears significantly soiled throughout, with heavier soiling along the bottom margins and minor graffiti in multiple locations. A possible, previous varnish layer has left the surface blanched, discolored, and uneven; or the pigments have been significantly weathered and sun-bleached, resulting in an uneven, under saturated appearance.

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 144 of 418

Public Arts Commission’s Recommendation for Mural # 7:

To retain the mural as is and re-evaluate its condition with the Public Arts Commission in 24 months reapply the artist’s name.

MURAL 8: MOVING TOWARD THE FUTURE, WHICH IS LOCATED AT 45-125 SMURR STREET;

NORTH WALL FACING THE PARKING LOT AND PARK AREA TO THE NORTH, TOWARDS MILES AVE.

Current Condition for Mural # 8, Assessed by Evergreen Architectural Arts:

Painted by artist David Oceloti Garcia in 2012, Moving Towards the Future is painted in acrylic medium on the North facing wall, at the back of Aladdin’s Florist & Wedding Chapel. The mural is executed on a primed, cement block support with indented grout lines. The texture is relatively smooth, although the deep grout lines allow dirt and surfaces accretions to settle in the indents. Overall, the substrate and paint layers are in fair condition.

A minor amount of cracking was documented in the substate. Active paint cleavage, loss, and flaking was noted, primarily at the bottom margin of the composition and along the documented cracks. The surface appears only slightly soiled throughout with occasional surface accretions such as bird excrement and splatters of other unidentified substances.

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 145 of 418

Public Arts Commission’s Recommendation for Mural # 8:

To retain the mural as is and re-evaluate its condition with the Public Arts Commission in 48 months.

MURAL 9:

REBIRTH, WHICH IS LOCATED AT 82660 MILES AVENUE; WEST WALL OF QUICK & EASY STORE, FACING KINGS STREET.

Current Condition for Mural # 9, Assessed by Evergreen Architectural Arts:

Artist, Nicole Ponsler, painted Rebirth in 2013. It was executed in acrylic medium on the West wall of the Quick & Easy, facing King Street. The substrate is composed of white primed, cement block with indented grout lines. The surface texture is relatively smooth, although the grout lines allow dirt and surfaces accretions to settle in the indents. Overall, the substrate and paint layers are in fair condition. A minimal amount of cracking was documented in the substate.

Paint loss and active flaking were primarily noted along the bottom margin of the composition.

The surface appears soiled throughout, with one location of graffiti and minor surface accretions such as bird excrement and tenacious splatter marks along the bottom portion of the mural. Select surface accretions are slightly raised. A varnish layer has been previously applied to the mural and in select areas demonstrates blanching.

AGENDA ITEM #10.3
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Public Arts Commission’s Recommendation for Mural # 9: To retain the mural as is and re-evaluate its condition with the Public Arts Commission in 48 months.

MURAL 10: OLD INDIO, WHICH IS LOCATED AT 82 -789 MILES AVENUE, EAST ALL FACING TOWNE STREET.

Current Condition for Mural # 10, Assessed by Evergreen Architectural Arts:

Painted by Bijan Masoumpanah in 2016, Old Indio is one of most recently painted compositions undergoing assessment. The composition is executed on an east -0facing wall along Towne Street. The mural is executed on an undetermined substrate, skimmed with plaster providing a semi-rough surface texture. The texture allows dirt and surface accretions to easily collect.

Overall, the substrate and paint layers are in fair condition. A moderate amount of cracking was documented in the plaster substate causing paint cleavage and loss. Paint loss and active flaking were primarily noted along the bottom marg in on the composition and along cracks in the substrate. The surface is slightly soiled throughout, with heavier deposits along the lower portion of the mural and surface accretions such as bird excrement in the upper and lower left margins.

AGENDA ITEM #10.3
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Public Arts Commission’s Recommendation for Mural # 10:

To retain the mural as is and re-evaluate its condition with the Public Art Commission in 12 months and contact the artist on availability and interest in mural restoration.

MURAL 11: MONARCH MI GRATION MURAL, WHICH IS LOCATED AT 79 -767 AVENUE 39,

NORTH, EAST AND WEST WALLS OF THE LIBRARY BUILDING AND NORTH WALL OF BUILDING “C”.

Current Condition for Mural # 14, Assessed by Evergreen Architectural Arts:

Painted by artist Walter Lab in 2016, Monarch Migration is one of the more recently painted murals assessed during the recent survey. The composition spans two (2) buildings, with multiple monarch butterflies decorating the upper North facade of building “C” and the north, east, and west facades of the adjacent Library. The mural is executed on a painted, textured “stucco” plaster. The texture is quite rough, allowing dirt and other accretions to become easily collected on the mural surface. Overall, the mural is in good condition. There is no documented or observed paint loss or flaking. The main condition identified was widespread surface soiling with occasional markings within the flat background fields. The vertical joint lines of the plaster application present the only possible area of subst rate and/or paint instability. Eight joints dissect the images; however, the joint on the West façade of the library appears to have a crack running parallel, spanning the entire length of the joint. The assessment was preformed from ground level; therefore, close inspection of the joints and pictorial layers was not feasible.

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 148 of 418

Public Arts Commission’s Recommendation for Mural # 14:

To retain the mural as is and re -evaluate its condition with the Public Arts Commission in 48 months.

Accordingly, staff recommends that City Council implement the recommendations from the Planning Commission. The cost to repair Mural #3 is $16,046. Staff does not have an estimate of the costs to decommission Mural #4 and Mural #5 and any removal would a lso require that we obtain the appropriate authorizations from the property owner and perhaps others for their removal. Therefore, Staff recommends that authorization be provided to the City Manager to execute agreements to accomplish the removal of the murals as long as the cost does not exceed the City Manager’s contract authority.

In addition, on November 9, 2021 Public Arts Commission’s meeting, the Commission discussed retaining Evergreene with regard to the cleaning of the murals and potential ap plication of updated anti-graffiti coatings to the murals for retention. Moreover, the Commission recommended that the City staff continue their efforts to secure Mural Facade Program Agreement with the remaining private property owners that have murals o n their buildings. Not all of the property owners whose murals were assessed signed the agreement.

If the City Council concurs with these recommendations, staff will put together a work plan to implement these recommendations by prioritizing the work based on each mural’s condition.

FINANCIAL DETAIL:

Current FY Financial
Impact:
$116,046 In current year budget: Yes

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 149 of 418 Current FY General
Fund Impact:
$0 Budget adjustment: No
Future FY Financial
Impact:
$0 For fiscal year: 21/22
Source of funds: Public Art Funds Account number: Various

ALTERNATIVES:

1. Continue the request pending the submission of additional information.

2. Refer the item back to the Public Arts Commission and staff for revision(s)/modification(s).

ATTACHMENTS:

Attachment A - Mural Assessment
Attachment B - November 9, 2021, Public Arts Commission Staff Report Attachment C - Survey Result

APPROVAL(S):

Scott Trujillo, Deputy City Manager Approved - 10 Jan 2022 Roxanne Diaz, City Attorney Approved - 11 Jan 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Jan 2022 Bryan H. Montgomery, City Manager Approved - 13 Jan 2022

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 150 of 418

TO: Debra Alleyne
Public Art and Historic Preservation Management Analyst City of Indio, Community Development Department
100 Civic Center Mall, Indio, CA 92201
Direct: (760) 391-4075 | Cell: (760) 574-9323
Email: [email protected]

FROM: Jaime Carpenter, Conservator - EverGreene Architectural Arts

DATE: July 09, 2021

PROJECT: 5-1-21035 – City of Indio Murals

SUBJECT: Murals Assessment, Treatment Recommendations, and Cost Estimates

At the behest of the City of Indio and facilitated by Debra Alleyne, EverGreene Architectural Arts (EverGreene) surveyed and assessed 11 outdoor mural paintings positioned on the exterior façades of numerous buildings located throughout downtown Indio, California. The on-site assessments were performed by EverGreene Conservator, Jaime Carpenter, on May 18th and 19th, 2021. This submittal provides a summary of the current conditions identified for each mural, provides a treatment priority categorization, and provides recommendations for remedial conservation treatments.

Downtown Indio is adorned with a number of large, sophisticated, beautifully rendered mural paintings, commissioned as a part of the Historic Mural Project, launched by the Chamber of Commerce in 1996.

The paintings were executed by a range of artists between 1997 to 2016. They are painted on the external façade of multiple downtown buildings, mainly found to have cement block or California “stucco” support surfaces. Although no analysis was performed, the murals were all identified as either acrylic polymer or oil paint medium.

The on-site inspection was performed from ground level, therefore close visual assessment of all areas was not possible.

SUMMARY OF FINDINGS
As a group, the murals were found to be in variable condition, ranging from “good” with low treatment priority, to “critical” with very high treatment priority recommended. A summary table is provided below.

Indio Murals Assessment – Summary Table
No. Title Artist Year Paint Media Dimensions Varnished Condition Treatment Priority
1 History of
Transportation
Duane Flatmo 1997 Undetermined
(Oil or Acrylic)
18’ x 90’ Yes Critical Very High
2 Mary Ann’s Bakery Duane Flatmo 1997 Undetermined
(Oil or Acrylic)
18’ x 30’ No Fair Moderate

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2 3 Desert Cahuilla
Village
Don Gray 1998 Undetermined
(Oil or Acrylic)
-- No Fair Low
4 History of the Date
Industry in the
Coachella Valley
Chuck Caplinger 1998 Acrylic 18’ x 77’ Yes Critical Very High 5 History of Electricity
in and Around Indio
Jim Fahnestock 2000 Oil -- Yes Critical Very High
6 Agriculture in Indio
and the Coachella
Valley
Jim Fahnestock 2002 Oil 18’ x 95’ Unknown Fair Moderate 7 History of Water in
the Coachella Valley
Don Gray 2003 Undetermined
(Oil or Acrylic)
15’ x 140’ Possible Poor High
8 Moving Towards the
Future
David Oceloti
Garcia
2012 Acrylic 14’ x 62’ No Fair Moderate
9 Rebirth Nicole Ponsler 2013 Acrylic 17’ x 50’ Yes Fair Moderate 10 Old Indio Bijan
Masoumpanah
2016 Undetermined
(Oil or Acrylic)
-- No Fair Moderate
14 Monarch Migration
Mural
Walter Lab 2016 Undetermined
(Oil or Acrylic)
-- No Good Low

This group of paintings displays many conditions commonly faced by outdoor murals which include phenomena such as flaking and peeling paint, cracking and detaching substrate, spalling, salt efflorescence, fading, paint erosion, degradation of previous coatings, and graffiti vandalism. While some of these issues can be effectively mitigated with conservation treatment, other issues such as fading, erosion, and coating degradation are enhanced by the particularly harsh desert environment in which these murals are situated and are not reversable or preventable. As such the following recommendations should be considered for the group of paintings as a whole:
• High resolution photographic documentation – Outdoor mural paintings have an inherently shorter lifespan than indoor paintings due to the particular environmental impacts faced from deterioration sources such as rainwater exposure, sandstorms, pollution, temperature fluctuations, direct sunlight, etc. Outdoor murals cannot be readily protected from these sources of deterioration, meaning that regardless of remedial conservation treatment efforts, outdoor murals will continue to degrade at a rapid rate over time. Therefore, comprehensive, high-resolution photo documentation such as photogrammetry is recommended to document the murals for posterity and to assist in their restoration should they need to be entirely repainted or otherwise recreated in the future.
• Avoidance of varnish or coating application – Generally speaking, coatings and varnishes cause more problems than benefits when applied to outdoor paintings and require maintenance of their own in the relatively short term, including frequent removal and replacement. Varnishes and coatings are able to slow fading but not prevent it. In addition, they protect against graffiti vandalism, but only if rigorously maintained. Conversely, their application frequently causes severe flaking, paint loss, discoloration (yellowing and darkening), blanching, spalling of the support, and exacerbation of salt efflorescence. That being said, new coating materials are regularly being developed and research may be implemented to evaluate potential new options; however, no known materials are currently recommended. • Vandalism deterrents – the implementation of certain passive measures may help to deter future acts of graffiti vandalism. Measures may include increasing visibility of the murals overnight by improving lighting, reducing access to the mural surfaces with barriers, and installing visible security cameras as disincentives.

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 152 of 418 MURALS ASSESSMENT AND RECOMMENDATIONS City of Indio
July 09, 2021 Indio, California __________________________________________________________ _____________________________________

3 INDIVIDUAL MURAL ASSESSMENTS AND RECOMMENDATIONS

History of Transportation (#1)
82253 Indio Blvd.; west wall on Clark's Travel Center, facing Sungold Street.

Condition
Painted by artist Duane Flatmo in 1997, History of Transportation is one of 2 murals painted at the Clark’s Truck Stop on Indio Boulevard. The composition is executed on the side façade, along the West wall of the building.

It is painted on a white primed cement block of a generally smooth surface with the exception of indented grout lines. The substrate shifts to a wooden panel in the central portion of the mural. Overall, the substrate, primer, and paint layers are in critical condition. Active cracking of the substrate, paint flaking, and paint loss were documented throughout.

The surface appears significantly soiled throughout with multiple areas of graffiti and surface accretions such as bird excrement, paint splatters, foam insulation, and calcareous deposits due to water flow around a faulty gutter system. The paint layers in the central portion of the mural, where the substrate switches to a wooded panel, appear to be abraded and worn (particularly in the sky). Select areas of loss have been poorly overpainted, and do not accurately represent the intentions of the original composition. A varnish layer was previously applied to the entire surface of the mural which has begun to disintegrate, producing an uneven, discolored, flaking, and powdering surface.

The mural is located at 82-253 Indio Boulevard, at the Clark's Truck Stop on the West wall of the building, along Sun Gold Street.

AGENDA ITEM #10.3
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July 09, 2021 Indio, California __________________________________________________________ _____________________________________

4 Recommendations
History of Transportation is currently in critical condition and has been assigned a very high conservation treatment prioritization. Select areas of unstable paint will require immediate stabilization through flake re-adhesion and paint consolidation. A light dry cleaning is then recommended for all surfaces, using soft brushes, Wishab, and/or vulcanized rubber sponges. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture and grout lines. Tenacious surface accretions, such as graffiti, inappropriate overpainting, and calcareous deposits will likely require further aqueous or solvent based cleaning for successful removal. The degraded coating should be removed to the extent possible without damaging the underlying paint layer beneath.

All cracks and unsound plaster will require localized stabilization including consolidation and injection re-adhesion. Following complete stabilization, loss compensation should be executed, which includes both substrate and pictorial layers.

Overall image of History of Transportation.

Detail showing central wooden support panel in
which the paint layer appears worn and abraded.
(Photo: EverGreene, 2021)

Detail of graffiti on painted surface and paint loss.
(Photo: EverGreene, 2021)

Detail of severe paint peeling, spalling/decohesion
of substrate, and paint loss. (Photo: EverGreene,
2021)

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5 Mary Ann’s Bakery (#2)
82253 Indio Blvd., north wall on west end, on Clarks Travel Center facing Indio Blvd.

Condition
Painted by artist Duane Flatmo in 1997, Mary Ann’s Bakery is one of 2 murals painted at the Clark’s Truck Stop on Indio Boulevard. The composition is executed on the front façade, or Northwest corner of the building.

The mural is executed on white primed cement block with deep grout lines. The texture is relatively smooth, although the deep grout lines allow dirt and surface accretions to settle in the indents. There is a small section in the upper portion of the mural where the substrate changes to a plastered surface with textured “stucco” plaster on the east side and smooth plaster west. Overall, the substrate and paint layers are in fair condition. A minimal amount of cracking was documented in the substate. Paint loss and active flaking were primarily noted along the bottom margin on the composition. The surface appears only slightly soiled throughout, with occasional graffiti and surface accretions such as bird excrement and mortar splatter. The paint layers in the upper right stucco section appear to be weathered and abraded.

The mural is located at 82-253 Indio Boulevard, at Clark's Truck Stop on the Northwest Corner of Indio Boulevard and Sun Gold Street.

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6 Recommendations
Mary Ann’s Bakery is currently in fair condition. A light dry cleaning is recommended across the surface, using dust brushes, Wishab, and/or vulcanized rubber sponges. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture and deep grout lines. Tenacious surface accretions may require further aqueous or solvent based cleaning for proper removal.

Unstable paint layers along the bottom edge of the composition will require localized stabilization followed by loss compensation. The upper stucco portion of the mural may also require stabilization and loss compensation where the original appears abraded.

Overall image of Mary Ann’s Bakery.

Detail showing paint loss and active flaking along
bottom margin of composition. (Photo:

EverGreene, 2021)

Detail of mortar splatter. (Photo: EverGreene, 2021)

Detail of bird excrement. (Photo: EverGreene, 2021)

AGENDA ITEM #10.3
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July 09, 2021 Indio, California __________________________________________________________ _____________________________________

7 Desert Cahuilla Village (#3)
82862 Miles Avenue; southeast corner of Indio Blvd. & Towne St., facing Indio Blvd.

Condition
Painted by artist Don Gray in 1998, Desert Cahuilla Village is one of the largest scale murals that was assessed during the recent survey. It is located at the Southeast corner of Indio Boulevard at Towne Street.

It is painted on a white primed cement block support with deep indented grout lines, and a generally rough surface. The pronounced texture allows dirt and surfaces accretions to easily collect and become embedded. The mural was executed over a substrate that contained multiple areas of previous, pronounced patching. The substrate and patches appear stable, although the textures differ significantly. Overall, the substrate, primer, and paint layers are in stable condition. The presenting paint layers appear to be light-bleached or faded due to significant sunlight and UV exposure.

The surface is fairly soiled throughout, with scuffs and abrasions along the bottom margins. There are slight discolorations, particularly within the lower blue fields of the composition. The central figure has large graffiti on its chest. The appearance of the graffiti was subdued with an inappropriate overpaint, causing additional discoloration of the area.

The mural is located at 82-862 Miles Avenue on the
Southeast corner of Indio Boulevard at Towne
Street.

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July 09, 2021 Indio, California __________________________________________________________ _____________________________________

8 Recommendations
Desert Cahuilla Village is currently in fair condition; however, it was given a low conservation treatment priority because it appears stable and does not show signs of ongoing, active deterioration. A light, dry cleaning is recommended for all surfaces, using soft dust brushes, Wishab, and/or vulcanized rubber sponges. An aqueous cleaning method will likely be required to remove stubborn dirt from within the wall texture and grout lines. Tenacious surface accretions, such as graffiti, inappropriate overpainting, and brown staining will likely require further aqueous or solvent based cleaning for successful removal.

Cracks and unsound plaster will require spot stabilization. Following spot stabilization, loss compensation will be executed, which should address both the substrate and pictorial layers. The chest of the graffitied figure should be repainted to remove any ghosting and discoloration currently present.

Detail showing graffiti which has been painted out
with poorly matched overpaint. (Photo: EverGreene,
2021)

Detail showing faded surface appearance and
original patches in the substrate of differing surface
texture. (Photo: EverGreene, 2021)

Overall image of Desert Cahuilla Village.

Detail showing scuffs and
abrasions along bottom
margin. (Photo: EverGreene,
2021)

AGENDA ITEM #10.3
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July 09, 2021 Indio, California __________________________________________________________ _____________________________________

9 History of the Date Industry in the Coachella Valley (#4) 45013 Oasis St.; north wall on east end (to the left), facing Miles Avenue.

Condition
Painted in acrylic medium by artist Chuck Caplinger in 1998, History of the Date Industry in the Coachella Valley is located at the southwest corner of Miles Avenue and Oasis Street.

It is painted on a white primed cement block support with a generally smooth surface excepting indented grout lines. Overall, the substrate, primer, and paint layers are in critical condition. Active cracking and spalling of the substrate, abrasion, significant paint flaking, and paint loss were documented throughout.

The surface appears significantly soiled, with scuffs along the bottom margins and brown surface accretions in the upper left sky. The mural has been previously repainted in its entirety, due to extensive damages to the pictorial layers. A varnish layer was previously applied over the surface of the mural which has begun to disintegrate, leaving an uneven, discolored, flaking, and powdering surface. The varnish was applied with a roller, producing a thick and uneven layer. The roller texture also caused small bubbles on the surface of the varnish throughout the entire mural.

The mural is located at 45-013 Oasis Street on the
southwest corner of Miles Avenue and Oasis Street.

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10 Recommendations
History of the Date Industry in the Coachella Valley is currently in critical condition and prioritized as have a very high conservation treatment need. Select areas of unstable paint will require immediate stabilization. A light dry cleaning is then recommended to all surfaces, using soft brushes, Wishab, and/or vulcanized rubber sponges. Additional paint consolidation may be required following surface cleaning. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture and grout lines. Tenacious surface accretions, such as graffiti (if present), inappropriate overpainting, and brown staining will likely require further aqueous or solvent based cleaning for successful removal. Removal of the degraded, previous coating is recommended if possible without disturbing the underlying paint layer.

All cracks and unsound plaster will require localized stabilization. Loss compensation of the support and paint layer should then be implemented.

Detail showing widespread nature of paint loss
across mural surface. (Photo: EverGreene, 2021)

Detail showing significant spalling and decohesion
of the substrate, in addition to paint flaking and
loss. (Photo: EverGreene, 2021)

Overall image of History of the Date Industry in the
Coachella Valley.

Overall image of History of the Date Industry in the
Coachella Valley. (Photo: EverGreene, 2021)

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11 History of Electricity in and Around Indio (#5)
45-435 Fargo Street; facing Civic Center Drive.

Condition
Painted in an oil medium by artist Jim Fahnestock in 2000, History of Electricity In and Around Indio was painted two years prior to his mural Agriculture in Indio and the Coachella Valley. The mural is located at 45-435 Fargo Street on the Southwest corner of Civic Center Mall at Fargo Street.

It is executed on a primed, cement block support with a generally smooth surface finish, excepting indented grout lines. The left 15 feet (approximate) of the composition is painted on a larger support block format and appears to be in better condition than the mural as a whole. Overall, the substrate, primer, and paint layers (excluding the 15 feet of mural executed on a differing block substrate) are in critical condition. Active cracking and spalling of the substrate, abrasion, paint flaking and loss, and varnish flaking and powdering were identified and documented throughout. Rainwater appears to have eroded the paint layer in large streaks, creating large areas of loss particularly concentrated along the top margin.

The surface appears significantly soiled throughout, with tenacious splashes, graffiti, and inappropriate paint touchups. The presenting paint layers appear significantly faded from exposure to direct sunlight.

Significant powdering and loss from apparent water streaking compound the faded and inconsistent visual appearance. In addition, the substrate appears to be spalling from salt efflorescence.

The mural is located at 45-435 Fargo Street on the Southwest corner of Civic Center Mall at Fargo Street.

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12 Recommendations
History of Electricity In and Around Indio is currently in critical condition and was assigned a very high priority level for conservation treatment. Select areas of unstable paint will require immediate stabilization. A light, dry cleaning is then recommended for all surfaces, using dust brushes, Wishab, and/or vulcanized rubber sponges. Efflorescent and spalling support material should be removed down to a stable surface and poulticed as necessary. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture and grout lines. Tenacious surface accretions, such as graffiti, inappropriate overpainting, and splashes will likely require further aqueous or solvent based cleaning for successful removal.

All cracks and unsound plaster will require localized stabilization. Flaking and powdering will additionally require stabilization through consolidation and re-adhesion. Following complete stabilization, loss compensation will be executed, which includes both substrate and pictorial layers.

Large areas of erosion will require repainting.

Overall image of History of Electricity In and Around the Coachella Valley.

Detail showing erosion and fading
of mural surface. (Photo:

EverGreene, 2021)

Detail showing spalling of the substrate and
associated peeling, flaking, and loss of the paint
layer. (Photo: EverGreene, 2021)

Detail showing erosion and fading of the mural
surface. (Photo: EverGreene, 2021)

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13 Agriculture in Indio and the Coachella Valley (#6)
82740 Miles Avenue; east wall of Yellow Mart, facing Towne Street.

Condition
Painted in an oil medium by artist Jim Fahnestock in 2002, Agriculture in Indio and the Coachella Valley is located along Towne Street on the east-facing wall of the Yellow Mart building.

The mural is executed on an undetermined substrate, skimmed with plaster which provides a semi- rough surface texture. The texture allows dirt and surfaces accretions to easily collect. Minor cracks in the substrate were documented throughout the composition. Pictorial layers appear generally stable, with minimal loss and flaking, primarily along the bottom edge. The presenting paint layers seem to be significantly bleached due to UV exposure.

The surface appears significantly soiled throughout, with heavier soiling along the bottom margin. A varnish layer was likely applied to the mural which appears to be causing blanching in select areas, leaving an uneven and chalky (almost ghost-like) appearance. Areas affected by the blanching include the field to the left of the central figure, the central figure, grape bunches and vines, the green landscape behind the horses, and the figures on the right (including the suitcase).

The mural is located at 82740 Miles Avenue, along the
East side of the Yellow Mart Building, facing Towne
Street.

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14 Recommendations
Agriculture in Indio and the Coachella Valley is currently in fair condition. A light, dry cleaning is recommended for all surfaces, using soft brushes, Wishab, and/or vulcanized rubber sponges. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture.

Tenacious surface accretions, such as bird excrement and the blanched varnish layers, will likely require further aqueous or solvent based cleaning for successful removal. Additional investigation and testing to determine if a coating is present and if its removal is possible and will improve the visibility of the mural. Paint consolidation should be tested to establish if reformation and re-saturation of the original paint layer is possible.

All cracks, unsound plaster, and lifting paint will require localized stabilization. Following stabilization, loss compensation will be executed, which includes both substrate and pictorial layers.

Overall image of Agriculture in Indio and the Coachella Valley.

Detail showing heavy soiling along
bottom. (Photo: EverGreene, 2021)

Detail showing cracking in the plaster substrate and general fading of the paint layer. (Photo: EverGreene, 2021)

Detail showing cracking in
the plaster substrate and
general fading of the paint
layer. (Photo: EverGreene,
2021)

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15 History of Water in the Coachella Valley (#7)
45-175 Fargo Street; south wall of the Indio Performing Arts Center.

Condition
History of Water in the Coachella Valley is the second mural in the current assessment painted by artist, Don Gray. The mural was executed in 2003, and is located at 45-175 Fargo Street, East of Smurr Street and North of Civic Center Mall, on the south facing wall between Fargo Street and the alley at Pocket Park.

The mural is executed on a metal lath substrate, skimmed with a plaster layer of semi-rough surface texture. The texture allows dirt and surface accretions to easily collect. Overall, the substrate, primer, and paint layers are in poor condition. There is active large-scale cracking of the support plaster, many of which have resulted in complete loss of both the plaster and paint layers.

The surface appears significantly soiled throughout, with heavier soiling along the bottom margins and minor graffiti in multiple locations. A possible, previous varnish layer has left the surface blanched, discolored, and uneven; or the pigments have been significantly weathered and sun-bleached, resulting in an uneven, undersaturated appearance.

The mural is located at 45-175 Fargo Street, East of Smurr Street and North of Civic Center Mall, on the south facing wall between Fargo Street and alley at Pocket Park.

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16 Recommendations
History of Water in the Coachella Valley is currently in poor condition and was categorized as high priority for conservation treatment. Select areas of unstable substrate and accompanying paint will require immediate stabilization. A light, dry cleaning is then recommended for all surfaces, using soft brushes, Wishab, or vulcanized rubber sponges. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture. Tenacious surface accretions, such as graffiti, inappropriate overpainting (in any), and staining will likely require further aqueous or solvent based cleaning for successful removal. The paint layer may require consolidation. Re-saturation of the paint layer is unlikely without repainting.

All cracks and unsound plaster will require localized stabilization. Following stabilization, loss compensation will be executed, which includes both substrate and pictorial layers.

Overall image of History of Water in the Coachella Valley.

Detail showing faded or
blanched appearance of
mural surface today.
(Photo: EverGreene, 2021)

Detail showing faded or blanched appearance of mural surface today. (Photo: EverGreene, 2021)

Detail showing cracking in
the substrate and
associated paint instability.
(Photo: EverGreene, 2021)

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17 Moving Towards the Future (#8)
45-125 Smurr Street; north wall facing the parking lot and park area to the north, towards Miles Ave.

Condition
Painted by artist David Oceloti Garcia in 2012, Moving Towards the Future is painted in acrylic medium on the North facing wall, at the back of Aladdin’s Florist & Wedding Chapel.

The mural is executed on a primed, cement block support with indented grout lines. The texture is relatively smooth, although the deep grout lines allow dirt and surfaces accretions to settle in the indents. Overall, the substrate and paint layers are in fair condition. A minor amount of cracking was documented in the substate. Active paint cleavage, loss, and flaking was noted, primarily at the bottom margin of the composition and along the documented cracks. The surface appears only slightly soiled throughout with occasional surface accretions such as bird excrement and splatters of other unidentified substances.

The mural is located at 45-125 Smurr Street on the North wall facing the parking lot and open park area to the
Northwest of Miles Avenue.

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18 Recommendations
Moving Towards the Future is currently in fair condition and was identified as a moderate priority for conservation treatment. A light dry cleaning is recommended for all surfaces, using soft brushes, Wishab, and/or vulcanized rubber sponges. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture and deep grout lines. Tenacious surface accretions may require further aqueous or solvent based cleaning for successful removal.

Unstable paint layers along the bottom edge of the composition and along documented cracks will require localized stabilization followed by loss compensation of both the substrate and pictorial layers.

Overall image of Moving Toward the Future.

Detail showing cracking in the
substrate and associated
instable paint. (Photo:

EverGreene, 2021)

Detail showing cracking in the substrate and associated instable paint. (Photo: EverGreene, 2021)

AGENDA ITEM #10.3
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19 Rebirth (#9)
82660 Miles Avenue; west wall of Quick & Easy Store, facing Kings Street.

Condition
Artist, Nicole Ponsler, painted Rebirth in 2013. It was executed in acrylic medium on the West wall of the Quick & Easy, facing King Street.

The substrate is composed of white primed, cement block with indented grout lines. The surface texture is relatively smooth, although the grout lines allow dirt and surfaces accretions to settle in the indents. Overall, the substrate and paint layers are in fair condition. A minimal amount of cracking was documented in the substate. Paint loss and active flaking were primarily noted along the bottom margin of the composition. The surface appears soiled throughout, with one location of graffiti and minor surface accretions such as bird excrement and tenacious splatter marks along the bottom portion of the mural. Select surface accretions are slightly raised. A varnish layer has been previously applied to the mural and in select areas demonstrates blanching.

The mural is located at 82-660 Miles Avenue on the West wall of the Quick & Easy facing King Street.

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20 Recommendations
Rebirth is currently in fair condition with conservation treatment prioritized as moderate. A light dry cleaning is recommended to all surfaces, using soft brushes, Wishab, and/or vulcanized rubber sponges.

An aqueous cleaning method may be required to remove stubborn dirt from the lower portion of the wall where heavier soiling is documented. Tenacious surface accretions, blanching, and graffiti may require further aqueous or solvent based cleaning for proper removal.

Unstable paint layers along the bottom edge of the composition will require stabilization. Removal of the degraded coating should be tested and further evaluated onsite, to determine the potential for and benefit of safe removal. Stabilization and cleaning should be followed by loss compensation.

Overall image of Rebirth.

Detail of loss and unstable paint layer along
bottom margin of composition. (Photo:

EverGreene, 2021)

Detail of streaking likely caused by blanching
varnish layer. (Photo: EverGreene, 2021)

AGENDA ITEM #10.3
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July 09, 2021 Indio, California __________________________________________________________ _____________________________________

21 Old Indio (#10)
82-789 Miles Avenue; east all facing Towne Street.

Condition
Painted by Bijan Masoumpanah in 2016, Old Indio is one of most recently painted compositions undergoing assessment. The composition is executed on an east-0facing wall along Towne Street.

The mural is executed on an undetermined substrate, skimmed with plaster providing a semi-rough surface texture. The texture allows dirt and surface accretions to easily collect. Overall, the substrate and paint layers are in fair condition. A moderate amount of cracking was documented in the plaster substate causing paint cleavage and loss. Paint loss and active flaking were primarily noted along the bottom margin on the composition and along cracks in the substrate. The surface is slightly soiled throughout, with heavier deposits along the lower portion of the mural and surface accretions such as bird excrement in the upper and lower left margins.

The mural is located at 82-789 Miles Avenue, along
Towne Street on the East facing wall.

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22 Recommendations
Old Indio is currently in fair condition with conservation treatment necessity prioritized as moderate. A light, dry cleaning is recommended for all surfaces, using a soft brush, Wishab, and/or vulcanized rubber sponges. An aqueous cleaning method may be required to remove stubborn dirt from within the wall texture. Tenacious surface accretions may require further aqueous or solvent based cleaning for successful removal.

All cracks and unsound plaster will require localized stabilization. Following substrate stabilization, compromised paint layers along the bottom edge of the composition and along presenting cracks in the substrate will require stabilization. Loss compensation for both substrate and pictorial layers should then be completed.

Overall image of Old Indio.

Detail showing a crack in the plaster substrate with
associated tenting and flaking. (Photo:

EverGreene, 2021)

Detail showing a crack in the substrate with
associated plaster and paint loss. (Photo:

EverGreene, 2021)

AGENDA ITEM #10.3
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23 Monarch Migration (#14)
79-767 Avenue 39, North, East and West walls of the Library Building and North wall of Building “C”.

Condition
Painted by artist Walter Lab in 2016, Monarch Migration is one of the more recently painted murals assessed during the recent survey. The composition spans 2 buildings, with multiple monarch butterflies decorating the upper North façade of building “C” and the North, East, and West façades of the adjacent Library.

The mural is executed on a painted, textured “stucco” plaster. The texture is quite rough, allowing dirt and other accretions to become easily collected on the mural surface. Overall, the mural is in good condition. There is no documented or observed paint loss or flaking. The main condition identified was widespread surface soiling with occasional markings within the flat background fields. The vertical joint lines of the plaster application present the only possible area of substrate and/or paint instability. Eight joints dissect the images; however, the joint on the West façade of the library appears to have a crack running parallel, spanning the entire length of the joint. The assessment was preformed from ground level, therefore close inspection of the joints and pictorial layers was not feasible.

The mural is located at 79-767 Avenue 39, on the North, East and West walls of the Library Building and North wall of Building "C", at Desert Ridge Academy.

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24 Recommendations
Monarch Migration is currently in good condition and conservation treatment is low priority. A light, dry cleaning is recommended for all surfaces using dust brushes, a Wishab, and/or vulcanized rubber sponges. All vertical joints should be properly assessed to ensure paint and plaster stability. Localized plaster stabilization through injections and paint consolidation will be required in any areas presenting instability to prevent future loss.

Overall image of Monarch Migration. (Photo:

EverGreene, 2021)

Overall image of Monarch Migration. (Photo:

EverGreene, 2021)

Overall image of Monarch Migration. (Photo:

EverGreene, 2021)

Overall image of Monarch Migration. (Photo:

EverGreene, 2021)

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25 CONSERVATION TREATMENT COST ESTIMATES
A cost estimate for remedial conservation treatment for each of the 11 murals is provided in the table below. The estimates provided represent the cost for the maximum level of treatment recommended for each mural. Upon request, additional estimates can be provided to reflect the minimum level of treatment recommended; and/or estimates can be provided to represent a phased conservation approach to allow for the allocation of funds over time.

Please note:
• Estimates include the cost of labor, materials, transportation-related expenses, and insurance. • Estimates do not include costs for non-treatment recommendations such as comprehensive, high-resolution photo documentation (photogrammetry), or the implementation of vandalism deterrents.
• Prices are valid through the end of 2021. For each successive year please add 4% - 7% to account for labor, insurance, material, and other cost increases.

Indio Murals Assessment – Remedial Treatment Cost Estimates No. Title Artist Year Dimensions Varnished Condition Treatment Priority
Cost
1 History of
Transportation
Duane Flatmo 1997 18’ x 90’ Yes Critical Very High $ 161,781.00 2 Mary Ann’s Bakery Duane Flatmo 1997 18’ x 30’ No Fair Moderate $ 22,250.00 3 Desert Cahuilla
Village
Don Gray 1998 -- No Fair Low $65,838.00
4 History of the Date
Industry in the
Coachella Valley
Chuck Caplinger 1998 18’ x 77’ Yes Critical Very High $128,798.00 5 History of Electricity
in and Around Indio
Jim Fahnestock 2000 -- Yes Critical Very High $111,650.00 6 Agriculture in Indio
and the Coachella
Valley
Jim Fahnestock 2002 18’ x 95’ Unknown Fair Moderate $58,641.00 7 History of Water in
the Coachella Valley
Don Gray 2003 15’ x 140’ Possible Poor High $87,305.00 8 Moving Towards the
Future
David Oceloti
Garcia
2012 14’ x 62’ No Fair Moderate $27,352.00
9 Rebirth Nicole Ponsler 2013 17’ x 50’ Yes Fair Moderate $28,664.00 10 Old Indio Bijan
Masoumpanah
2016 -- No Fair Moderate $29,977.00
14 Monarch Migration
Mural
Walter Lab 2016 -- No Good Low $10,077.00
Total Cost $732,333.00

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 175 of 418 1 STAFF REPORT & RECOMMENDATIONS
City of Indio
Public Arts Commission
STAFF REPORT DATE: November 3, 2021
M
EETING DATE: November 9, 2021
ST
AFF PERSON: Kevin Snyder, AICP, Director of Community
Development
A
GENDA ITEM NO.: Item 7.1 (Action Item)
P
ROJECT: Recommendation to City Council Regarding
Mural Conservation Assessment and Cost
Estimates: The Commission will continue its
discussion from the October 12, 2021 meeting
including feedback from the Ad-Hoc Committee
and an overview of the community survey
results. Evergreen Architectural Arts was
retained by the City to conduct a
comprehensive condition assessment of
eleven (11) publicly and privately owned
murals within and around Downtown Indio. In
addition, Evergreen Architectural Arts analyzed
and provided cost estimates for remedial
conservation treatments for each of the murals.

The Commission will review the assessment
and cost estimates and make one or more
recommendations to the City Council regarding
possible next steps including but not limited to
mural treatments and mural deaccession
actions.

PLEASE NOTE: This staff report is the same staff report submitted to the Commission for the Octobe r 12, 2021 meeting. At the October 12, the Commission authorized the formation of an Ad- Hoc Committee comprised of Vice- Chairperson Schinsky and Commissioner Neumeyer to review this matter in further detail. In addition, City staff prepared and published an online community survey to gather community input on murals.
1 of 34

AGENDA ITEM #10.3
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UMMARY:

E
vergreen Architectural Arts was retained by the City to conduct a comprehensive condition assessment of eleven (11) publicly and privately owned murals within and around Downtown Indio. In addition, Evergreen Architectural Arts analyzed and provided cost estimates for remedial conservation treatments for each of the murals.

The Commission will review the assessment and cost estimates and make one or more recommendations to the City Council regarding possible next steps including but not limited to mural treatments and mural deaccession actions.

B
ACKGROUND:

T
here are currently eleven (11) wall murals in and around Downtown Indio. Three (3) of the murals were previously commissioned as public murals while the remaining eight (8) murals are private. The private murals were created through a previous program administered through the City of Indio Chamber of Commerce now operating as the Greater Coachella Valley Chamber of Commerce. The City has had no direct operation or maintenance responsibilities for the privately owned murals since their inception.

However, recognizing the public’s interest in having these murals properly repaired and maintained, City staff in summer of 2020 worked with the City Attorney’s Office to create a “Mural Façade Program Agreement” template document. The goal of this document was to enter into agreements with the owners of the private murals that would allow the City to legally access the murals to conduct an assessment of them as well as to conduct possible restoration or other treatments and to conduct on- going maintenance as needed to help retain the artistic and aesthetic quality of the mural artwork. This agreement was also needed in order for the City to be able to legally spend Art in Public Places (AIPP) funds for any work on these private murals.

I
n fall 2020, City staff issued a Request for Qualifications (RFQ) was issued for qualified individuals or firms with demonstrated skills and experience in on maintenance and preventative care, and examination and conservation of artworks in the Indio Art Public Places Collection (AIPP) with a particular focus on mural restoration and conservation.

The RFQ response closure date was December 11, 2020. The City received five (5) RFQ responses. Staff initially presented the five (5) RFQ responses to the Commission at its January 12, 2021 meeting. The Commission subsequently reviewed and discussed the qualifications of the respondents over several meetings and recommended to City staff at a March 16, 2021 special meeting the hiring of Evergreene Architectural, Inc.

AN
ALYSIS:

E
vergreene Architectural, Inc. conducted its in- person assessment of the eleven (11) murals on May 18- 19, 2021. It transmitted its re port to the City on June 23, 2021. The report assessed the condition of each mural and proved a prioritized cost estimate for remedial treatment efforts. In response to a request from City staff, Evergreene 2 of 34

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 177 of 418 3 supplemented this report with a memorandum dated July 15, 2021 that addressed minimum treatment recommendations for each mural and their associated costs.

T
he total estimated remedial treatment costs for all eleven (11) murals ranges from $511,934.00 to $732,333.00. Evergreene designated three (3) of the eleven murals as very high treatment priority. These murals identified as Murals 1, 4, 5 with estimated remedial costs of $161,781.00, $128,798.00 and $111,650.00, respectively.

T
he current fund balance for the Art in Public Places Fund is $1,169,796. 24. This fund is encumbered by a future $303,038 for the artist fee and installation costs for the Sarbale Ke art piece at Dr. Carreon Park. In addition, there is annual maintenance budget of $26,576 for the Sarbale Ke art piece. There also planned near -term expenditures for the fabrication of the art pieces for the Miles Avenue Bridge Art Project and the rewrapping of traffic signal boxes. In addition, the Water Tower art display at the Coachella Valley History Museum is not currently working and needs to be repaired.

There may also be some costs associated with providing resource support for the on- going Public Arts Program. Based on the preceding information, there may be inadequate budgetary resources to address the remedial conservation treatment recommendations from Evergreene. As a result, the City may need to consider prioritization of treatment activities as well as potential deaccession consideration for some of the most currently impacted murals.

T
o date, the City has secured signed Mural Façade Program Agreements from three (3) of the eight (8) private mural owners. These Agreements include the following murals:

1. H
istory of Electricity In and Around Indio

2. Agriculture in Indio and the Coachella Valley

3. Old Indio
Cit
y staff will pursue executed ag reements with the remaining private mural owners.

Until such time that these agreements are obtained, no work can be performed for the affected murals.

RE
COMMENDATION (S):

S
taff recommends that the Commission discuss the recommendations from Evergreene regarding potential remedial conservation efforts inclusive of estimated costs for the aforementioned eleven (11) murals. As evidenced in the Analysis section of this staff report, these murals are in various conditions resulting in different cost estimat es to effectively treat them. At the end of its discussion, the Commission may want to take motion action to recommend to the City Council certain actions to be taken for the murals. The following are potential options that the Commission could consider t hat are provided to help with its discussion and potential recommendation (s) to the City Council. These options are not an exhaustive. The Commission may identify other options that it wants to recommend to the City Council. 3 of 34

AGENDA ITEM #10.3
Discussion and approval of the Public Arts Commission’s recommendations ... Page 178 of 418 4 Option 1: No Action Alternative
T
he Commission could recommend no actions be taken for the remedial treatment of the murals.

O
ption 2: Focused Treatments Alternative with No Deaccession T
he Commission could recommend to the City Council that certain murals receive remedial treatment while others do not receive treatment and no deaccession action by the City including painting over of murals is conducted for the remaining murals.

O
ption 3: Focused Treatments Alternative with Deaccession T
he Commission could recommend to the City Council that certain murals receive remedial treatment while others do not receive treatment and deaccession action by the City including painting over of murals is conducted.

O
ption 4: Phased Priority Treatments Alternative
T
he Commission could recommend to the City Council that the City pursue a phased priority remedial conservation program based on a priority designation for each mural and funding availability from the Art in Public Places fund.

I
f the Commission determines it is not ready to make a recommendation to the City Council and wishes to discuss further, the Commission should table this item to a date certain (i.e. a future meeting date). The Commission should also identify any questions or information needs that staff can address prior to the tabled meeting date.

AT
TACHMENT (S):

A. J
une 23, 2021 Mural Assessment Report from Evergreene Architectural, Inc.

B. July 15, 2021 Supplemental Memorandum from Evergreene Architectural, Inc. 4 of 34

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July 15, 2021 Supplemental Memorandum from
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1 / 17

83.56% 61

1.37% 1

15.07% 11
Q1 Are you a current resident of the City of Indio?
Answered: 73 Skipped: 0
TOTAL 73
# IF YOU ANSWERED NO - PLEASE PROVIDE THE CITY YOU CURRENTLY RESIDE IN? DATE 1 Gilbert, AZ 11/8/2021 9:29 PM
2 La Quinta 11/8/2021 7:14 PM
3 Thousand Oaks, CA 91362 11/7/2021 2:33 PM
4 Cathedral City 11/4/2021 7:59 PM
5 Cathedral City 11/4/2021 7:24 PM
6 La Quinta 11/4/2021 6:57 PM
7 Lexington, KY 11/4/2021 11:42 AM
8 Palm Desert 11/2/2021 6:27 PM
9 Bermuda Dunes 11/2/2021 6:04 PM
10 Former resident. Currently in Galt 11/2/2021 6:00 PM 11 Fresno, Ca 11/2/2021 5:59 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
If you
answered NO ...

ANSWER CHOICES RESPONSES
Yes
No
If you answered NO - please provide the city you currently reside in?

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75.34% 55

8.22% 6

16.44% 12
Q2 If you are not a current resident, have you ever resided in the City ofIndio? Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
N/A

ANSWER CHOICES RESPONSES
Yes
No
N/A

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94.52% 69

5.48% 4
Q3 Are you aware of the murals located in and around the City'sdowntown? Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

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93.15% 68

6.85% 5

0.00% 0
Q4 Do you support the presence of murals in the city?
Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
Neutral
No

ANSWER CHOICES RESPONSES
Yes
Neutral
No

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93.15% 68

2.74% 2

4.11% 3
Q5 Do you support adding new murals in the city?
Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
Neutral
No

ANSWER CHOICES RESPONSES
Yes
Neutral
No

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0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0

0.00% 0
Q6 Please give us your thoughts on the following murals and whether youbelieve that they should be repaired, removed or if you are undecided as towhether they should be repaired or removed Answered: 0 Skipped: 73
# NAME DATE
There are no responses.
# COMPANY DATE
There are no responses.
# ADDRESS DATE
There are no responses.
# ADDRESS 2 DATE
There are no responses.
# CITY/TOWN DATE
There are no responses.
# STATE/PROVINCE DATE
There are no responses.
# ZIP/POSTAL CODE DATE
There are no responses.
# COUNTRY DATE
There are no responses.
# EMAIL ADDRESS DATE
There are no responses.
# PHONE NUMBER DATE
There are no responses.

ANSWER CHOICES RESPONSES
Name
Company
Address
Address 2
City/Town
State/Province
ZIP/Postal Code
Country
Email Address
Phone Number

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78.08% 57

13.70% 10

8.22% 6
Q7 History of Transportation (82253 Indio Blvd)
Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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61.64% 45

20.55% 15

17.81% 13
Q8 Mary Ann's Bakery (82253 Indio Blvd)
Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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87.67% 64

5.48% 4

6.85% 5
Q9 Desert Cahuilla Village (82837 Indio Blvd)
Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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71.23% 52

13.70% 10

15.07% 11
Q10 History of the Date Industry in the Coachella Valley (45013 OasisStreet) Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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52.05% 38

21.92% 16

26.03% 19
Q11 History of Electricity In and Around Indio (45435 Fargo Street) Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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71.23% 52

12.33% 9

16.44% 12
Q12 Agriculture in Indio and the Coachella Valley (82740 Miles Avenue) Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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65.75% 48

16.44% 12

17.81% 13
Q13 History of Water in the Coachella Valley (45175 Fargo Street) Answered: 73 Skipped: 0
TOTAL 73
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Repair
Remove
Undecided

ANSWER CHOICES RESPONSES
Repair
Remove
Undecided

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Q14 Please feel free to share any other comments or concerns that youmay have regarding the Public Arts displayed in the City of Indio.

Answered: 73 Skipped: 0
# RESPONSES DATE
1 Please do not add political murals. Keep them related to local history of Indio or the valley. 11/11/2021 6:22 AM 2 please repair 11/10/2021 8:08 PM
3 We should allow for creativity. Let locals share their stories and experiences. Locals are what MAKE Indio. Our voices are valuable
11/9/2021 10:31 AM
4 Repair and do more please 11/9/2021 5:02 AM
5 I love driving by them I remember how much I wanted to be an artist when I was little when we’d drive by one
11/9/2021 1:13 AM
6 As someone who was born in Indio and lived most of my life here, and as a Marine veteran I believe that a mural showing the community the sacrifice Hunter Lopez and other service members have made in the Global War on Terror should be depicted. 11/8/2021 9:29 PM
7 How much is this “repair” gonna cost us? We need our streets fixed!! 11/8/2021 9:24 PM 8 None at the moment 11/8/2021 9:08 PM
9 Keep and refurbish the hummingbird mural. Remove the murals that don’t have any Latinos in them. Translate mural to Spanish- or have Spanish only murals. 11/8/2021 9:04 PM
10 Keep all of the current murals. Add one honoring Corporal Hunter Lopez and also the role Indio had in the Desert Training Center.
11/8/2021 8:27 PM
11 Please add more murals. They beautify the city and make otherwise boring or dilapidated buildings look cared for and give character
11/8/2021 8:11 PM
12 A group from the chamber organized and raised funds for the historical murals to help revitalize the downtown. It would be a crime to not restore them. Plus. It's too bad more historical murals have not been added. The odd structure at Jackson and Hwy 111 would have paid for mode murals and repairs for the older ones.
11/8/2021 7:14 PM
13 Arts representative of the community, local artist, and relevant culture and climate. Art with purposeful messaging to our community is needed
11/8/2021 6:49 PM
14 I love leaving in a city that values art. I may not like all the murals, but I appreciate them and glad they are part of our city
11/8/2021 9:39 AM
15 It would be ashamed to let the history of Indio disappear and be replaced with what? These mural depict a time in history of past events and people that help make the city of Indio what it is today. If you have any future plans for new murals may I suggest the history we are making these days, like the music festivals, other events.
11/7/2021 4:35 PM
16 I would like to see our murals constantly replaced to keep giving our residents new art to enjoy and keep people coming to downtown
11/7/2021 3:57 PM
17 While I haven’t seen them in person they appear beautiful & historical. 11/7/2021 2:33 PM 18 Na 11/7/2021 2:14 AM
19 New murals of people culture with loads of colors. 11/6/2021 4:34 PM 20 Remove and put new ones up 11/6/2021 3:28 PM
21 Nope 11/6/2021 10:46 AM
22 Just what I picked 11/6/2021 9:38 AM

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23 Would like to see more abstract murals. 11/5/2021 9:09 PM 24 Include more murals 11/5/2021 3:11 PM
25 I enjoy the murals around the city of Indio, as it not only reminds us of the history of such a great city, and how much the city has improved.
11/5/2021 2:59 PM
26 N/A 11/5/2021 8:29 AM
27 I’m an Indio home owner and I support spending funds on any new murals by emerging local artists with very avant-garde ideas.
11/5/2021 7:41 AM
28 Live them all! Voted to repair all of them. Additionally it would be great to have a younger, local artist create something vibrant and new for the youth of Indio to take pride in. Perhaps the youth view these as old and can’t relate to them.
11/5/2021 7:05 AM
29 I always take any of our Indio visitors to all the murals and they love seeing the history of the valley. Please restore them. They are beautiful!
11/5/2021 6:01 AM
30 New are that reflects the diversity, resilience, and culture of our communities. Including Latinx(similar to coachella) and African American communities are needed. As for native American Art piece- we should have the tribes decide how they would like to be represented through our art.
11/4/2021 10:19 PM
31 Live the hummingbird mural 11/4/2021 9:56 PM
32 Please repair the desert village mural 11/4/2021 9:43 PM 33 Na 11/4/2021 8:59 PM
34 Art should always be a part of the community. It’s really important. 11/4/2021 7:59 PM 35 I'm not sure that I have seen the murals on Fargo. Maybe some should be painted in more highly trafficked areas
11/4/2021 7:25 PM
36 I'm a firm believer in murals, with it being something about the city/culture or the artists own idea or style they paint. Yes I belive a mural should be brought to the city for approval but if it's on a private business and the building owner and business owner approve of such mural the city needs to take that in consideration for approval. Art needs to be seen, murals give that.

Not every town has a museum or gallery for the public to view works of art... plus I think it would be great if even your city created a revolving mural area set up for the youth/schools there is such talent in this valley not to let them be seen. Thank you Fred Warzecha III 11/4/2021 7:24 PM
37 You should hire local artist. Do not outsource out of the area, we have many talented artists.

Look at Coachella as an example.
11/4/2021 7:18 PM
38 Be sure they are true historical reflections and include accurate images of the entire community.
11/4/2021 6:57 PM
39 I drive through old town everyday and its sad to see the murals falling apart. It would be great to repair the existing murals and add newer more modern murals as well. 11/4/2021 6:09 PM
40 Would like to see something depicting entertainment Coachella/Stagecoach/Riverside County Fair.
11/4/2021 5:46 PM
41 Some of the public art like Jackson and 111 are a puzzle. It’d be nice if somewhere in the city site there was info about the statues (what it represents, why that item). Do more surveys 11/4/2021 3:29 PM
42 Add more modern-day art to add to the history of indio. Hire talented local artist to make new murals for the city of festivals. Support local talent
11/4/2021 12:27 PM
43 My roots are in Indio, so I feel the murals are important. I think they should be maintained, but only if the costs to do so have been reviewed and approved. No money wasted. 11/4/2021 11:42 AM
44 I love that we have these Wish there were more 11/4/2021 10:40 AM 45 No other concerns. 11/4/2021 4:41 AM
46 These murals capture history via art in free, public spaces. If they are not repaired or are removed, there should be a plan to ensure the history is not lost. Murals that draw in insta-“famous” visitors are great but are fleeting. Sharing and teaching history of our local 11/3/2021 10:48 PM

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community is limited; for some they might only know the history because of the murals.

Sometimes you cannot move forward without knowing and honoring your past. 47 I think it gives character to the city. 11/3/2021 9:57 PM 48 I am relatively new to the city and I love that Indio has these murals. They made me proud to have moved here and would hate to see them go or deteriorate more 11/3/2021 9:24 PM
49 We need new mutuals showcasing new parties and perspectives in Indio. It's more than railroads and agriculture. There are whole parts of our community we're not communicating with.
11/3/2021 8:02 PM
50 You have to remove the mural on Miles (history of date). It’s completely dilapidated and ruins the entrance to down town. And you must preserve the hummingbird mural at the Quick and Easy. It’s beautiful and a total local attraction.
11/3/2021 7:59 PM
51 All of them are a part of our history… 11/3/2021 7:52 PM 52 Na 11/3/2021 6:41 PM
53 I hope to see more public arts that display our history and not modern abstract art. 11/3/2021 1:07 PM 54 Glad you are addressing this issue as I noticed the deterioration of some murals.Thank you for the survey!
11/3/2021 11:42 AM
55 We could clean up more an help the people on the streets. 11/3/2021 11:18 AM 56 Redo removed murals with new modern representations of Indio. Festivals, concerts etc. 11/3/2021 10:36 AM 57 Police and fire and EMS mural would be nice 11/2/2021 11:16 PM 58 Beautiful, historic and need preservation 11/2/2021 9:25 PM 59 A few of these themes can be redone with new works 11/2/2021 9:13 PM 60 Na 11/2/2021 7:33 PM
61 Have only seen a few myself. That’s why a couple responses were marked undecided. (Survey wouldn’t allow to be submitted without an answer to All Questions) Like this last one. 11/2/2021 6:53 PM
62 Please remove the one at hwy111 and jackson 11/2/2021 6:39 PM 63 . 11/2/2021 6:38 PM
64 I think there should be more art pieces as well as maps available to view all pieces 11/2/2021 6:28 PM 65 The murals are a reminder of Indio's past which has mostly disappeared. 11/2/2021 6:27 PM 66 I hate the Art in front of Jefferson School on 111. Hate is a strong word, but I do. I also don’t like the new art at the renovated park of Dr. Carreon. I do like the dog on 48. I like the murals, but I feel too much is less. Just a few, is great.
11/2/2021 6:20 PM
67 These murals are part of the history of Indio and should be saved! 11/2/2021 6:12 PM 68 Love the history 11/2/2021 6:04 PM
69 None 11/2/2021 6:00 PM
70 They are all very very nice and most attractive. Please continue with more murals. 11/2/2021 5:59 PM 71 . 11/2/2021 5:41 PM
72 Not at this time. 11/1/2021 7:17 PM
73 I like to the mural depicting our city's history. However, I wouldn't mind seeing more artistic/artsy type murals that is unrelated to history. An artist's independent piece. 11/1/2021 5:17 PM

AGENDA ITEM #10.3
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City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Discussion and Introduction of Ordinance No. 1772, an ordinance of the City adopting by reference Chapter 5.68 of Title 5 of the County of Riverside County Code regarding the permitting of tobacco retailers.

RECOMMENDATION:

Waive full reading of Ordinance No. 1772, An Ordinance of the City of Indio Adopting by Reference Chapter 5.68 (Permitting of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the County of Riverside County Code and Amending the Indio Municipal Code, introduce the ordinance by title only and request the City Clerk to read the title and direct the City Clerk to publish notice for a public hearing on Ordinance No. 1772 for February 16, 2022.

SUMMARY:

The Riverside County Board of Supervisors has adopted an ordinance establishing a program that requires tobacco retailers to obtain a permit in order to conduct retail tobacco sales. The stated intent of the ordinance is to encourage responsible tobacco retailing and to discourage violations of tobacco related laws, especially those that prohibit the sale of tobacco products to minors. Since the County’s adoption of this program, most Coachella Valley cities have also taken similar action by adopting the County’s ordinance by reference. This allows the County to administer the program in those cities.

Staff from the Riverside County Department of Environmental Health have confirmed that if the City adopts an ordinance establishing the permitting requirement in Indio, the County will administer the program, including issuing the permits, collecting fees and fines and enforcing relevant provisions of the ordinance.

BACKGROUND INFORMATION:

The Retail Tobacco Permitting Program is administered by the Riverside County Department of Environmental Health (DEH). The annual fee to retailers for the implementation of the program is $457. The program requires businesses who sell tobacco products in Indio to pay a license fee to the County in conjunction with their State of California Cigarette and Tobacco Products Retailer's License as a way to regulate businesses and promote public health at a more controlled local level.

In 2016, the County first approached the City regarding possible adoption. Consequently, staff h as diligently worked with the program’s representatives to garner additional programmatic information.

Subsequently, staff asked the County representatives to present informational PowerPoints to the City Council on three separate occasions over the years. At the conclusion of each presentation, the City Council had additional questions for the group to retort. Most recently, in July 2021, the City Council asked the group to clarify final points of which their responses can be found in Attachment #2 (Retail AGENDA ITEM #10.4
Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 227 of 418 Tobacco Permitting – Description of Services for the City of Indio) and Attachments #3 (California Tobacco Tax – City of Indio Questions and Answers).

Below is a summary of the questions and answers:

1. California Excise Tax History
a. Proposition 99, or the Tobacco Tax and Health Protection Act of 1988, imposed an additional excise tax on cigarettes amounting to 25 cents for each pack of 20 cigarettes. b. Proposition 10 increased the excise tax on cigarettes by 52 cents per pack beginning January 1, 1999, bringing the total state excise tax on this product to 87 cents per pack. c. Proposition 56 the measure added an additional $2.00 tax, bringing the total tobacco tax up to $2.87 per pack of cigarettes. The tobacco tax increase went into effect in April 2017.

2. What is the total California excise tax added on to a pack of cigarettes/ other tobacco products)?
a. Currently, $2.87 per pack/product (not including state and local sales tax)

3. How are these taxes being used?
a. Funds raised through the implementing CA taxes on tobacco products are to be spent on health education, hospital services, physician services, research, and public resources. No aspect of the CA taxes has been set aside to fund enforcement for tobacco control legislation.

4. How much is being assessed through Prop 99/Prop 56?
a. In November 1988, California voters approved the Tobacco Tax and Health Protection Act of 1988, also known as Proposition (Prop) 99 . This initiative increased the state cigarette tax by 25 cents per pack, added an equivalent amount on other tobacco products, and designated a portion of the funds be used to prevent and reduce tobacco use

5. Out of the $12-15 that a consumer pays for a pack of cigarettes how much is taxes (or fees)? a. In California the Average Retail Price Per Pack (with all taxes) $8.90; Cigarette Excise Tax Per Pack is $2.87; Excise Tax Rank (Highest=1) is 13th; State Sales Tax Rate is 8.25%; State Sales Tax Per Pack is $0.68; Total State Tax Per Pack is $3.55; Total Tax Rank (Highest=1) is 12th.

It is the recommendation of staff to waive full reading of Ordinance No. 1772, an Ordinance of the City of Indio Adopting by Reference Chapter 5.68 (Permitting of Tobacco Retailers) of Title 5 (Business Licenses and Regulations) of the County of Riverside County Code and Amending the Indio Municipal Code, introduce the ordinance by title only and request the City Clerk to read the title.

In addition, because the City is adopting this County Chapter by reference, State law (Government Code Section 50022.3) requires that the City Council schedule a public hearing after first reading of the ordinance. The Government Code's notice requirement provides that the notice of the public hearing must be published once a week for two successive weeks, with at least five days intervening between the respective publication dates. Accordingly, this means there must be 15 days in between readings so the public hearing will occur not at our next meeting but at the City Council meeting of February 16, 2022.

ALTERNATIVES:

Do not introduce the Ordinance.

AGENDA ITEM #10.4
Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 228 of 418 ATTACHMENTS:

Attachment 1. Ordinance No. 1772
Attachment 2. Retail Tobacco Permitting - Description of Services for City of Indio Attachment 3. California Tobacco Tax - City of Indio Questions and Answers

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 06 Jan 2022 Scott Trujillo, Deputy City Manager Pending
Rob Rockwell, Asst. City Manager & Dir. Of Finance Pending

AGENDA ITEM #10.4
Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 229 of 418 1 ORDINANCE NO. 1772

AN ORDINANCE OF THE CITY OF INDIO ADOPTING BY REFERENCE CHAPTER 5.68 (PERMITTING OF TOBACCO RETAILERS) OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE COUNTY OF

RIVERSIDE COUNTY CODE AND AMENDING THE INDIO MUNICIPAL
CODE

THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS
FOLLOWS:

Section 1. A new Chapter 124 (Permitting of Tobacco Retailers) is hereby added to Title XI (Business Regulations) of the Indio Municipal Code to read as follows:
“CHAPTER 124: PERMITTING OF TOBACCO RETAILERS
124.01 Adoption of Riverside County Code Regarding Tobacco Retailers by Reference. Except as hereinafter provided in this Chapter, Chapter 5.68 of Title 5, Business Licenses and Regulations, of the Riverside County Code of Ordinances, as amended and in effect on January 19, 2022, is hereby adopted by reference as the “Permitting of Tobacco Retailers Ordinance” of the City of Indio and may be cited as such.

A copy of Chapter 5.68 of Title 5, Business Licenses and Regulations, of the Riverside County Code of Ordinances, in effect on January 19, 2022 has been deposited in the Office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public.

In the event of any conflict between provisions of Chapter 5.68 of the Riverside County Code and any amendment thereto contained in the Indio Municipal Code, the provision contained in the later listed document shall control. 124.02 Definitions. Notwithstanding the provisions of Section 92.01, the following words and phrases used in the Animal Control Ordinance are defined as follows:

A. County of Riverside shall mean the City of Indio, except where the County of Riverside is the correct notation due to circumstances.

B. Department shall mean the County of Riverside Department of Environmental Health.

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Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 230 of 418 2 124.03 Penalties for Violating the Permitting of Tobacco Retailers Ordinance.

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

A. Violators who operate without the necessary tobacco retailer's permit shall be subject to closure of the tobacco retail facility.

B. Whenever evidence of a violation of this chapter is obtained in part through the participation of a person under the age of twenty-one (21) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Violations of this chapter are subject to a civil action brought by the district attorney or county counsel, punishable by:

1. A fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) for a first violation in any sixty-month period; or

2. A fine not less than one thousand five hundred dollars ($1,500.00) and not exceeding two thousand five hundred dollars ($2,500.00) for a second violation in any sixty-month period; or

3. A fine not less than three thousand dollars ($3,000.00) and not exceeding ten thousand dollars ($10,000.00) for a third or subsequent violation in any sixty month period.

D. Violations of this chapter may, in the discretion of the district attorney or county counsel, be prosecuted as infractions or misdemeanors.

E. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Ordinance shall constitute a violation.

F. Violations of this chapter are hereby declared to be public nuisances.

G. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the county counsel, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

H. Administrative citations and penalties. In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an enforcement officer may issue an administrative citation for any violation of this chapter. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

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Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 231 of 418 3 1. Content of citation. The administrative citation shall be issued on a form approved by county counsel and shall at a minimum contain the following information:
i. Date, location and approximate time the violation was observed. ii. The ordinance violated and a brief description of the violation. iii. The amount of the administrative penalty imposed for the violation.
iv. Instructions for the payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period.
v. Instructions on how to appeal the citation.
vi. The signature of the enforcement officer.

The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

2. Service of citation.
i. If the proprietor, owner, employee, agent, occupant or other person who has violated the Ordinance is present at the scene of the violation, the enforcement officer shall attempt to obtain their signature on the administrative citation and shall deliver a copy of the administrative citation to them. ii. If the proprietor, owner, employee, agent, occupant or other person who has violated the Ordinance is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to them. If the enforcement officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested.
iii. If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the owner, occupant or other person who has violated the ordinance. The citation shall be mailed to the property address and/or the address listed for the owner on the last county equalized assessment roll.
iv. The failure of any interested person to receive the citation shall not affect the validity of the proceedings.

3. Administrative penalties.

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Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 232 of 418 4 i. The penalties assessed for each violation shall not exceed the following amounts:
(a) One hundred dollars ($100.00) for a first violation; (b) Two hundred dollars ($200.00) for a second violation of this chapter within one (1) year; and
(c) Five hundred dollars ($500.00) for each additional violation of this chapter within one (1) year.
ii. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
iii. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
iv. The penalties assessed shall be payable to the County of Riverside.

4. Administrative appeal.
i. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation as set forth in Section 5.68.090.H.2 Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on the administrative citation appeal forms and shall be accompanied by payment of the full penalty assessment, and shall contain the following information:
(a) A brief statement setting forth the appellants interest in the proceedings;
(b) A brief statement of the material facts which the appellant claims supports their contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; (c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.
(d) The notice of appeal must be signed by the appellant. ii. Administrative hearing. Upon a timely written request by the recipient of the administrative citation, an administrative hearing shall be held as follows:

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Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 233 of 418 5 (a) Notice of hearing. Notice of the administrative hearing shall be given at least ten (10) days before the hearing to the person requesting the hearing. The notice may be delivered to the person or may be mailed to the address listed in the notice of appeal.
(b) Hearing officer. The administrative hearing shall be held before the director of department of environmental health or their designee. The hearing officer shall not be the enforcement officer who issued the administrative citation or said enforcement officer's immediate supervisor. The director may contract with a qualified provider to conduct administrative hearings or to process administrative citations.
(c) Conduct of the hearing. The enforcement officer who issued the administrative citation shall not be required to, but may, participate in the administrative hearing. The contents of the enforcement officer's file in the case shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal fails to appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal. (d) Hearing officer's decision. The hearing officer, based upon the evidence submitted, shall either dismiss or uphold the citation. The citation recipient shall receive a refund of the full penalty assessment if the citation is dismissed. The hearing officer's decision following the administrative hearing shall be personally delivered to the person requesting the hearing or sent by first class mail.

The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full. The hearing officer's decision shall contain instructions for obtaining review of the decision by the superior court.

5. Review of administrative hearing officer's decision. i. Notice of appeal. Within twenty (20) days of the date of the delivery or mailing of the hearing officer's decision, a person may contest that decision by filing an appeal to be heard by the superior court. The failure to file the written appeal and to pay the court filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the issuing agency by the contestant.
ii. Conduct of hearing. The conduct of the appeal is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received in evidence. A copy of the document or instrument of the issuing agency providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated

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Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 234 of 418 6 therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within fifteen (15) days of the request. iii. Judgment. The court shall retain the court's filing fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fine or penalty shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the issuing agency in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.”
Section 2.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 3.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

Section 4. The City Clerk is directed to forward a certified copy of this ordinance to the Director of the County of Riverside Department of Environmental Health.

PASSED, APPROVED, and ADOPTED this 16th day of February 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________

WAYMOND FERMON
MAYOR
ATTEST:

AGENDA ITEM #10.4
Discussion and Introduction of Ordinance No. 1772 , an ordinance of the ... Page 235 of 418 7 __________________________

CYNTHIA HERNANDEZ

CITY CLERK
APPROVED AS TO FORM:
__________________________

ROXANNE DIAZ

CITY ATTORNEY

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The Retail Tobacco Permitting Program is adminis tered by the Riverside County Department of Environmental Health (DEH). The annual fee to retailers for the implementation of the program is $457.

Retailer Education
• Education is intended to ensure retailers understand the requirements of the County Ordinance 838.2
• An educational mailer is sent to all retailers to begin the education process • In-person education during site inspections (includes overview of the ordinance and compliance protocols)
Compliance
• Routine site inspections conducted once a year per retailer ▪ Currently there are 55 retailers in the City of Indio • Recruiting and training decoys (youth ages 15-19 years old) ▪ Includes funds to purchase tobacco products and Riversgift cards for volunteers
• Every 2 years decoy operations are conducted at all retail stores • There is an average noncompliance rate of 8-10%
▪ Follow-up notices, hearings, and site visits to noncompliant facilities with histories of complaints, violations and previous illegal sales to decoys • Administrative cost to Department of Environmental Health ▪ Staffing, processing permits, vehicle maintenance, database management

Benefits of the TRP program to City of Indio
• No city staff or resources are utilized to implement the TRP program, all aspects of the program are covered 100% by DEH
• DEH staff present in Indio office, including 3 staff assigned to cover Indio • Promotes fair practices among Indio’s retailers
• Fosters a healthier retail environment to decrease illegal youth access and addiction to tobacco products
Description of Services and Benefits

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1 California Tobacco Tax Assessment and its Implications on the Tobacco Retail Permitting Program
Questions and Answers

1. California Excise Tax History1
a. Proposition 99, or the Tobacco Tax and Health Protection Act of 1988, imposed an additional excise tax on cigarettes amounting to 25 cents for each pack of 20 cigarettes. b. Proposition 10 increased the excise tax on cigarettes by 52 cents per pack beginning January 1, 1999, bringing the total state excise tax on this product to 87 cents per pack. c. Proposition 56 the measure added an additional $2.00 tax, bringing the total tobacco tax up to $2.87 per pack of cigarettes. The tobacco tax increase went into effect in April 2017.

2. What is the total California excise tax added on to a pack of cigarettes/ other tobacco products)?
a. Currently, $2.87 per pack/product (not including state and local sales tax)

3. How are these taxes being used? (Addressed in Tables 1,2, and 3) a. Funds raised through the implementing CA taxes on tobacco products are to be spent on health education, hospital services, physician services, research, and public resources. No aspect of the CA taxes has been set aside to fund enforcement for tobacco control legislation.

4. How much is being assessed through Prop 99/Prop 56?
a. Reference Table 1 on Page #2

5. Out of the $12-15 that a consumer pays for a pack of cigarettes how much is taxes (or fees)? a. Here is a recent depiction from the ‘Campaign for Tobacco Free Kids’2 of how much a consumer is taxed when purchasing a pack of cigarettes:

1 . Legislative Analyst's Office. The California Legislature's Nonpartisan Fiscal and Policy Advisor. (April, 2018).

Repeal of Proposition 10 Tobacco Surtax. Initiative Statute. https://lao.ca.gov/ballot/2000/28_03_2000.html 2 Ann Boon. (March 15, 2021). State Excise and Sales Taxes Per Pack of Cigarettes Total Amounts & State Rankings. Campaign for Tobacco-Free Kids, https://www.tobaccofreekids.org/assets/factsheets/0202.pdf

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2 California Tobacco Tax Assessment and its Implications on the Tobacco Retail Permitting Program
Proposition 99 and the Legislative Mandate for
the California Tobacco Control Program3
In November 1988, California voters approved the Tobacco Tax and Health Protection Act of 1988, also known as Proposition (Prop) 99. This initiative increased the state cigarette tax by 25 cents per pack, added an equivalent amount on other tobacco products, and designated a portion of the funds be used to prevent and reduce tobacco use. As shown in Table 1 below, Prop 99 revenues are deposited into six accounts by a formula and are used for specified purposes (Revenue and Taxation Code Section 30122(b), 30123, and 30124):

The HEA funds both community- and school-based health education programs to prevent and reduce tobacco use and is jointly administered by the California Department of Public Health, California Tobacco Control Program (CDPH/CTCP) and the California Department of Education (CDE). Currently, CTCP receives approximately two-thirds of HEA funds and CDE receives approximately the other one-third. CTCP is responsible for supporting a statewide comprehensive tobacco control program, one of the largest and most successful public health interventions of its kind ever initiated, nationally or internationally. CTCP provides funding for 61 Local Lead Agencies

3 California Department of Public Health, California Tobacco Control Program. (2017). Proposition 99 and the Legislative Mandate for the California Tobacco Control Program. Accessed August 20, 2021. https://tcfor.catcp.org/index.cfm?fuseaction=opportunities.background

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3 California Tobacco Tax Assessment and its Implications on the Tobacco Retail Permitting Program
(LLA), competitively selected community-based organizations, a statewide media campaign, and an extensive evaluation of the entire program.

The enabling legislation for Prop 99 includes Assembly Bill (AB) 75 (Chapter 1331, Statutes of 1989), AB 99 (Chapter 278, Statutes of 1991), AB 816 (Chapter 195, Statutes of 1994), AB 3487 (Chapter 199, Statutes of 1996), Senate Bill (SB) 99 (Chapter 1170, Statutes of 1991), SB 960 (Chapter 1328, Statutes of 1989), SB 493 (Chapter 194, Statutes of 1995); the annual State Budget; Health and Safety Code Sections 104350-104480, 104500-104545; and Revenue and Taxation Code Sections 30121-30130. The enabling legislation, the various codes, and the annual State Budget, provide legislative and funding authority for programs administered by CTCP to:
• Conduct health education interventions and behavior change programs at the state level, in the community and in other non-school settings.
• Apply the most current research findings and recommendations regarding tobacco use prevention.
• Give priority to programs that demonstrate an understanding of the role community norm change has in influencing behavioral change regarding tobacco use.

Proposition 56
Almost three decades after Prop 99’s passage, in November 2016, the voters of California overwhelmingly passed Prop 56, the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. Prop 56 increased the cigarette tax from $0.87 to $2.87 per pack, taking California’s ranking from 37th to 9th in the nation. The initiative increased the tax on other tobacco products by an equivalent amount, including electronic cigarettes for the first time. With 64.4% of

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4 California Tobacco Tax Assessment and its Implications on the Tobacco Retail Permitting Program
voters voting in favor of Prop 56, Californians sent a strong message to end the state’s tobacco epidemic. Prop 56 revenues are distributed to state agencies to pay for implementation costs:

The remaining revenues distributed to other state agencies by a formula (Table 3), all of which are to be used for specified purposes (Revenue and Taxation Code Section 30130.55 and 30130.57).:

Key Considerations
The Tobacco Retail Permitting (TRP) program does not impose fees on consumers, rather the fees are directed to retailers. Consumers pay taxes on the tobacco products they purchase and are not paying into the program fees. The fees associated with the TRP program are put in place to fund administration, education to tobacco retailers, and city- wide enforcement.

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City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: the to Third the Approving Amendment No. Ordinance Urgency 1773, Development Agreement between the City of Indio and Certain Owners of Real Property Within the Site Known as the Pacific Indio Properties to Extend the Term of the Development Agreement and Declaring the Urgency Thereof and Finding is Extension the that Ex CEQA to pursuant CEQA From empt Guidelines 15162 and 16061(b)(3)

RECOMMENDATION:

Waive full reading of Urgency Ordinance No. 1773, request the City Clerk to read Urgency Ordinance No. 1773 by title only and adopt Urgency Ordinance No. 1773 approving the Third Amendment to the Development Agreement between the City of Indio and certain owners of real property within the site known as the Pacific Indio Properties to extend the term of the development agreement and declaring the urgency thereof

SUMMARY:

The proposed Urgency Ordinance extends the Pacific Indio Properties Development Agreement for certain properties within the site for a short period of 18 months.

BACKGROUND INFORMATION:

The City of Indio and what was then Pacific Indio Propert ies, Inc. entered into a Development Agreement for the development of approximately 241 acres of land in the area extending north from Interstate 10 to Avenue 42 and east between Clinton and Monroe Streets near Jackson (“Site”). This is the area that cont ains The Palms shopping center and the Hampton Inn among other retail and restaurant establishments. The Development Agreement was amended twice with the last amendment, the “Second Amendment to Development Agreement” having extended the term of the agreement through January 19, 2022. The extension was limited to only those provisions in the Development Agreement related to land use and density.

Certain property owners within the Site (I-Ten Monroe LLC, BH Indio Land LLC, Charlotte Southwest Corporation and Urbanica LLC) that were either parties to the Second Amendment or assignees of those property interests along with City Staff desire that the Development Agreement be amended to extend the term for a short period of 18 -months to July 19, 2023. As t he City Council is aware, this area has been of increased development activity that ceased with the onset of the COVID -19 pandemic in March 2020. Although we are still in the midst of the most recent COVID -19 variant, there has been interest in that area and to let the Development Agreement lapse would be detrimental AGENDA ITEM #10.5
Urgency Ordinance No. 1773 , Approving the Third Amendment to the Develo... Page 242 of 418 and prevent the owners from having additional time to pursue the development opportunities that were lost during the COVID-19 pandemic.

Because of the timing regarding the term of the Development Agreement, Staff is requesting that the City Council adopt Urgency Ordinance No. 1773 by a 4/5 vote in order to approve the Third Extension.

Pursuant to Government Code Section 36937(b), the Ordinance approving the Third Extension can take effective immediately if the adoption is for the immediate preservation of the public peace, health or safety. As explained in Urgency Ordinance No. 1773 those findings can be made.

First, the COVID-19 pandemic disproportionately impacted the commercial real estate market which has caused uncertainty in the marketplace. This also impacts the City’s opportunities for economic growth and declines in commercial property values could impact the City’s property tax revenues and lead to vast areas of land remainin g vacant which can cause blight. As the commercial economy slowly begins its post pandemic recovery, the lapse of the Development Agreement would be detrimental to the current efforts being made by the Owners and City in pursing development opportunities that were lost or hampered by the COVID -19 pandemic. This immediately and directly impacts the public peace, health and safety as property and sales taxes from the commercial sector are utilized by the City to provide services to residents and the City has a strong interest in preventing the secondary impacts to the public health, safety and welfare brought about by stagnant property.

Second, allowing the Development Agreement to lapse so suddenly without other appropriate land use measures in place wil l cause great uncertainty regarding the potential development of over 120 acres of property subject to this Third Amendment. Zoning for these properties is set forth in the Development Agreement and if the agreement is not extended, this will result in la rge areas of unzoned property scattered throughout the Site. As discussed in the findings in the Ordinance, the extension of the Development Agreement will guarantee that the City has enforceable zoning, development and design standards so development occ urs in an orderly manner and will minimize the uncertainty of the Owners when marketing their property.

With respect to CEQA , the Third Amendment was reviewed for CEQA compliance and the City previously prepared and certified a final Environmental Impa ct Report (“EIR”) for the Original Development Agreement. This EIR remains valid in assessing the environmental impacts associated with the Third Amendment and the minor change to the term does not make ny physical changes to the scope of development. Accordingly, the Third Amendment is not subject to further environmental review pursuant to Section 15162 of the CEQA Guidelines because none of the conditions exist that would require the preparation of subsequent environmental review. The extension is a lso exempt from further CEQA review under Guidelines Section 15061(B)(3). The extension is also consistent with the General Plan as set forth in Urgency Ordinance No. 1773.

Accordingly, Staff recommends that Urgency Ordinance No. 1773 be adopted for th e immediate preservation of the public peace, health or safety. As such, this Ordinance approving the Third Amendment to the Development Agreement will take effect immediately and shall take effect immediately pursuant to Government Code Section 36937(b).

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ATTACHMENTS:

Urgency Ordinance No. 1773
Third Amendment to Development Agreement

APPROVAL(S):

Sabdi Sanchez, City Clerk Administrator Pending

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-1-

ORDINANCE NO. 1773

AN URGENCY ORDINANCE OF THE CITY OF INDIO APPROVING

THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF INDIO AND CERTAIN OWNERS OF REAL

PROPERTY WITHIN THE SITE KNOWN AS THE PACIFIC INDIO

PROPERTIES TO EXTEND THE TERM OF THE DEVELOPMENT

AGREEMENT AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. Background.

A. The City of Indio (“City”) and Pacific Indio Properties, Inc. entered into a Development Agreement, which was recorded in the office of the Riverside County Recorder as Instrument Number 047277 (“Original Development Agreement”) and which was subsequently amended by the First Amendm ent executed by the Parties.

The Original Development Agreement and the First Amendment (collectively referred to as the “Development Agreement”) applied to approximately two hundred and forty -one (241) acres of land, generally described as extending north from Interstate 10 to Avenue 42, and east from a boundary between Clinton and Monroe Streets to near Jackson Street, and approved by the City for phase development (“Site”).

B. Subsequently, the City entered into the “Second Amendment to Development Agreement” dated November 20, 2010, which was recorded in the office of the Riverside County Recorder as Instrument Number 20011 -050690 (“Second Amendment”). The Second Amendment did not encompass the entire Site and was entered into only by certain owner s of real property within the Site as set f orth in the Second Amendment. The Second Amendment extended the term of the Development Agreement until and through January 19, 2022 (“Term”) and such Term applied only to the terms of the Deve lopment Agreement t hat address land uses and density of the Site. The Development Agreement and the Second Amendment shall collectively be referred to herein as the “Amended Development Agreement.” C. I-Ten Monroe LLC, BH Indio Land LLC, Charlotte Southwest Corporation, a Delaware Corporation and Urbanica, LLC, a California Limited Liability Company are the current owners of certain real prope rty located within the Site, and whose real property are subject to the Amended Development Agreement (collectively “Owners”).

The Owners have requested an extension of the Term for an a dditional 18 months subject to the same conditions as set forth in the Second Amendment (“Third Amendment to Development Agreement” or “Third Amendment” ). The Third Amendment to Development Agreement is attached hereto as Exhibit A, and is hereby incorporated herein by this reference.

Section 2. CEQA. The Third Amendment to Development Agreement has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”)

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and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The City previously prepared and certified a final Environmental Impact Report (“EIR”) for the Original Development Agreement and this EIR remains valid in assessing the environmental impacts associated with the Third Amendment. The Third Amendment makes a minor change to the Amended Development Agreement and does not make any physical changes to the scope of development thereunder nor to the conditions of app roval that were imposed and the Third Amendment conforms to the City’s General Plan. Accordingly, based upon the above facts and based upon its independent review, the City Council finds that the Third Amendment to Development Agreement is not subject to further environmental review pursuant to Section 15162 of the CEQA Guidelines because none of the conditions exist that would require the preparation of subsequent environmental review. Specifically, the Third Amendment does not constitute a substantial c hange that requires major revisions to the EIR.

Second, there have been no substantial changes in the circumstances under which the project is undertaken that require major revisions to the EIR, in that the environmental setting of the project has not cha nged since the adoption of the EIR. In addition, there are no new significant environmental effects nor is there a substantial increase in the severity of previously identified significant effects. Last, there is no new information of substantial importa nce to the project that was not known and could not have been known when the EIR was adopted that shows the project will have one or more significant effects not discussed in the EIR or the significant effects previously examined will be more severe because of the project. All previously identified mitigation measures remain in full force and effect. No changes to the CEQA findings adopted in conjunction with the Original Development Agreement are made necessary by the Third Amendment, and the City Council finds the Third Amendment to Development Agreement to be within the scope of the EIR’s analysis. The City Council further finds that it can be seen with certainty that the requested extension does not have the potential to cause a significant effect on t he environment, and thus the Third Amendment to Development Agreement is also exempt from further environmental review pursuant to State CEQA Guidelines Section 15061(B)(3).

Section 3. General Plan. Based upon the evidence presented at the hearing, including the staff report, the City Council finds that the Third Amendment to Development Agreement is consistent with the City’s General Plan Goals and Policies.

Specifically, Economic Development Goals and Policies ED -2.1 regarding the development of busin ess opportunities that diversify the local economy, ED -2.6 in providing employment opportunities to attract livable wages and Land Use LU -2-2 by maintaining a balanced land use patter n to support a broad range of employment opportunities.

Section 4. Urgency Findings. The Site had been an area of increased development activity, however, with the onset of the COVID -19 pandemic in March 2020 and its continuance into 2022, the commercial real estate market was disproportionately impacted with some sectors of the market facing a complete transformation that now requires right -sizing to meet consumer n eeds in a post - pandemic economy. Such uncertainty also impacts the City’s opportunities for economic growth and declines in commercial property values could impact the City’s

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property tax revenues and lead to vast areas of land remaining vacant which can cause blight. As the commercial economy slowly begins its post pandemic recovery, the lapse of the Amended Development Agreement would b e detrimental to the current efforts being made by the Owners and City in pursing development opportunities that were l ost or hamper ed by the COVID -19 pandemic. This immediately and directly impacts the public peace, health and safety as property and sales taxes from the commercial sector are utilized by the City to provide services to residents ranging from public safety to clean wa ter to recreational activities. Moreover, the City has a strong interest in preventing blight caused by vacant land because of the secondary impacts to the public health, safety and welfare.

In addition, allowing the Amendment Development Agr eement to lapse so suddenly without other appropriate land use measures in place will cause great uncertainty regarding the potential development of over 100 acres of property subject to this Third Amendment . Zoning for these properties is set forth in th e Amended Development Agreement and if the agreement is not extended, this will result in large areas of unzoned property scattered throughout the Site. Zoning is a p lanning control tool used to regulate the physical development of land. Zoning promotes desirable development patterns and protects the public peace, health, safety and general welfare by preventing incompatible uses . For the immediate preservation of the public peace, health, safety and general welfare it is necessary that this Ordinance be adopted to maintain the status quo for the properties subject to the Third Amendme nt for a short period of time as the Amended Development Agreement delineates permitted, conditioned and prohibited uses as well as contains development standards related to height and the placement of structures and provides for design review to ensure compatibility. T his will guarantee that the City has enforceable zoning, development and design standards so d evelopment occurs in an orderly manner and therefore it is necessary that this Ordinance become effective immediately upon adoption.

Accordingly, this Ordinance is for the immediate preservation of the public peace, health or safety and shall take effect immediately pursuant to Government Code Section 36937(b).

Section 5. The City Council hereby approves the Third Amendment to Development Agreement attached hereto as Exhibit A and authorizes the City Manager to execute the Third Amendment on behalf of the City.

Section 6. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Third Amendment to Development Agreement and the notice shall describe the land to which such contract applies.

Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

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PASSED, APPROVED, and ADOPTED this 19th day of January, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Waymond Fermon, Mayor

ATTEST:

________________________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

___________________________
Roxanne Diaz, City Attorney

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EXHIBIT A

THIRD AMENDMENT TO DEVELOPMENT AGREEMENT

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RECORDING REQUESTED By
WHEN RECORDED MAIL TO:

City of Indio
Attn: City Clerk
Indio City Hall
100 Civic Center Mall
Indio, CA 92210
No Recording Fee, Government Code Section 6103 (Above Space for Recorder’s Use Only)

THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (“ Third
Amendment”) is made and entered into this 19th day of January 2022 (“Effective Date”), by and among the City of Indio, a California municipal corporation (“the City”) and certain owners of real property subject to that certain development agreement by and between the City and Pacific Indio Properties, Inc. (“PIP”) as amended by the Second Amendment to Development Agreement (i n the aggregate “Owners”). The Owners executing this Third Amendment are: (i) I-Ten Monroe, LLC, a California Limited Liability Corporation (“I -Ten Monroe”); BH Indio Land LLC, a California Limited Liability Company (“BH Indio”) ; Charlotte Southwest Corp oration, a Delaware Corporation (“Charlotte) and Urbanica, LLC, a California Limited Liability Company.

Accordingly, the City and Owners enter into this Third Amendment with reference to the following:

RECITALS
A. The City and Pacific Indio Properties, Inc. (“PIP”) entered into a Development Agreement dated November 27, 1991, which was recorded in the office of the Riverside County Recorder as Instrument Number 047277 on February 11, 1992 (“Original Development Agreement”). The Original Development Agreement was subsequently amended by that certain Amendment to Development Agreement by and between the City and PIP dated September 3, 1997 (“First Amendment”). The Original Development Agreement and the First Amendment (collectively referred to as the “ Development Agreement”) apply to approximately two hundred and forty-one (241) acres of land, generally described as extendi ng north from Interstate 10 to Avenue 42, and east from a boundary between Clinton and Monroe Streets to near Jackson Street, and approved by the City for phase development (“Site”).

B. Subsequently, the City entered into the “Second Amendment to Development Agreement” dated November 20, 2010, which was recorded in the office of the Riverside County Recorder as Instrument Number 20011-050690 (“Second Amendment”). The Second Amendment did not encompass the entire Site and was entered into only by certain owners of real property within the Site as set forth in the Second Amendment and said property is generally described as follows:

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1. The owner of that certain real property within the Site that is approximately 11 acres in size and generally located immediately south of Avenue 42 and immediately west of Spectrum Boulevard;

2. The owner of that certain real property wi thin the S ite consisting of approximately 21.5 acres and generally located (i) along the north side of Interstate 10 immediately west of Jackson Street, (ii) immediately south of Avenue 42 on both sides of Caspian Street, and (iii) immediately south of Showcase Parkway and immediately west of Caspian Street;

3. The owner of that certain real property within the Site consisting of 165 acres in size and generally located (i) west of Monroe Street, east of Clinton Street, and immediately south of Avenue 42, and (ii) east of Monroe Street, west of Spectrum Boulevard and immediately south of Avenue 42;

4. The owner of that certain real property within the Site consisting of approximately thirteen and one-half (13.5) acres in size and generally located south of Avenue 42, east of Monroe Street and west of Spectrum Boulevard.

The Second Amendment extended the term of the Amended Development Agreement until and through January 19, 2022 (“Term”) and such Term applied exclusively to the terms of the Amended Development Agreement that addressed permissible land uses of the Site and the density thereof. The Development Agreement and the Second Amendment shall collectively be referred to herein as the “Amended Development Agreement.”
C. I-Ten Monroe is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that totals approximately

13.52 acres in size and is more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

D. BH Indio is the current owner and holder of right s under the Amended Development Agreement as to that certain real property within the Site, that totals approximately

93.51 acres in size and is more particularly described in Exhibit B attached hereto and incorporated herein by this reference.

E. Charlotte is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that is totals approximately

13.94 acres in size and is more particularly described in Exhibit C attached hereto and incorporated herein by this reference.

F. Urbanica is the current owner and holder of rights under the Amended Development Agreement as to that certain real property within the Site, that is totals approximately

11.43 acres in size and is more particularly described in Exhibit D attached hereto and incorporated herein by this reference.

F. The Site in recent years has been an area of increased development activity, however, with the continuance of the COVID -19 pandemic and its impact on the development community as well as the City, allowing the lapse of the Development Agreement would be detrimental. Accordingly, the Parties desire an extension of the Development Agreement for an

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additional 18 months to allow the Owners that are signatories to this Third Amendment additional time to pursue the development opportunities that were lost during the COVID-19 pandemic.

G. The City has reviewed the request by the Owners and has concluded that the additional time extension is in the City’s best interests and constitutes sufficient consideration to support the request.

NOW, THEREFORE, in consideration of the above-referenced facts and the covenants of the parties contained below in this Third Amendment, and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowled ge, the parties hereby agree as follows:

AGREEMENT
Section 1. Incorporation of Recitals. The recitals above are true and correct and incorporated by reference into this Third Amendment.

Section 2. Term Extended. The term of the Amended Development Agreement as set forth in the Second Amendment is hereby extended to July 18, 2023. Similar to the provisions of Paragraph 5 of the Second Amendment , the extension of the term affected by this Third Amendment applies exclusively to the provisions of the A mended Development Agreement that address land uses and density as well as the development standards for the Site. Accordingly, except as otherwise amended herein, the remaining text of Paragraph 5 of the Second Amendment remains in full force and effect.

Section 3. Environmental Analysis of Future Development. Each undersigned party understands and agrees that the City reserves the right to require any O wner proposing new development of any portion of the Site subject to this Third Amendment to comply, at its own cost, with such requirements of the California Environmental Quality Act as the City determines applicable in an exercise of City’s sole discretion.

Section 4. General Provisions.

a. Notice, All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing (s uch as Federal Express or UPS) or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers:

If to City: City of Indio
100 Civic Center Mall
Indio, California 92210
Attention: City Manager

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If to I-Ten Monroe I-Ten Monroe
10990 Wilshire Boulevard
Suite 1000
Los Angeles, California 90024

If to Urbanica: Urbanica, LLC
c/o Bruce E. Hood, Esq.

Withers Bergman LLP
430 Park Avenue, 10th Floor
New York, New York 10022-3505
If to Charlotte: Charlotte Southwest Corporation
c/o Bruce E. Hood, Esq.

Withers Bergman LLP
430 Park Avenue, 10th Floor
New York, New York 10022-3505
If to BH Indio: BH Indio Land LLC
11111 Santa Monica Boulevard, Suite 600
Los Angeles, California 90025

Notices sent in accordance with this paragraph shall be deemed delivered as follows: (i) the date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); or (iii) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be gi ven by written notice in the manner detailed in this paragraph.
b. Applicable Law. This Third Amendment shall be construed and enforced in accordance with the laws of the State of California, and the venue for any legal actions brought by any Party with respect to this Third Amendment shall be the County of Riverside, State of California for state actions and the Central District of California for any federal actions. c. Binding Effect. This Third Amendment, and all of the terms and conditions herein, shall be binding upon and inure to the benefit of the Parties, any subsequent developer of all or any portion of the real property interests of the Owners, and their respective assigns, heirs or successors in interest, whether or not any reference to this Third Amendment is contained in the instrument by which the person acquired an interest in the real property interests herein. d. No Third Party Beneficiaries. The only parties to this Third Amendment are the City and the Owners and their successors-in-interest. There are no third party beneficiaries and this Third Amendment is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.
e. Applicability. This Third Amendment applies to the real property interests of the Owners as set further described in Exhibits A, B, C and D.

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f. Remedies. The Parties agree that the remedies for breach of this Third Agreement shall be injunctive relief and/or specific performance. Owners shall not be entitled to monetary damages or consequential or special damages for the City’s breach or if this Third Amendment is found invalid or unenforceable by a court of competent jurisdiction. g. Nonliability of City Officers and Employees. No official, officer , employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to any Owner, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Third Amendment, or for any act or omission on the part of City.
h. Entire Agreement. This Third Amendment and the exhibits herein contain the entire agreement between the Parties and is intended by the Parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Third Amendment or the Development Agreement, is null and void.
i. Severability. If any term, provision, c ondition, or covenant of this Third Amendment, or the application thereof to any Party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Third Amendment shall be valid and enforceable to the fullest extent permitted by law. j. Counterparts. This Third Amendment may be executed in one or more counterparts each of which will be deemed an original, but all of which constitute one and the same instrument.
k. Authorization. Each person executing this Third Amendment represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Third Amendment on behalf of the Party for which execution has been made. l. Recordation of Agreement. As provided in Section 65868.5 of the Development Agreement Act, the City shall cause a copy of this Third Amendment to be recorded against the Owner’s real property interests subject to this Third Amendment with the County Recorder within ten (10) days following the Effective Date. m. Time is of the Essence. Time is of the essence of this Third Amendment and every term or performance hereunder.

IN WITNESS WHEREOF, the undersigned have executed this Third Amendment as of the day and year first above written.

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“CITY”
CITY OF INDIO, a California municipal
corporation

Bryan H. Montgomery, City Manager

ATTEST:

________________________________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

_________________________________
Roxanne Diaz, City Attorney

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I-TEN MONROE, a California Limited
Liability Company

By:________________________________

BH INDIO LAND LLC, a California
Limited Liability Company

By:________________________________
Farzaneh Gozini, Trustee of the Gozini
Children’s Trust of 2005, Its Sole Member

CHARLOTTE SOUTHWEST
CORPORATION, a Delaware Corporation

____________________________________
Bruce E. Hood

URBANICA, LLC, a California Limited
Liability Company

Bruce E. Hood

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EXHIBIT A

LEGAL DESCRIPTION (APN 610-330-027)

I-10 MONROE LLC

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EXHIBIT B

LEGAL DESCRIPTION
(APNS 610-020-010, 610-020-021, 610-020-034, 610-020-036)

B.H. INDIO LAND LLC

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EXHIBIT C

LEGAL DESCRIPTIONS
(APNS 610-270-068, 610-270-069, 610-080-062)

CHARLOTTE SOUTHWEST CORPORATION

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EXHIBIT D

LEGAL DESCRIPTIONS
(APNS 610-330-026)

URBANICA, LLC

AGENDA ITEM #10.5
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City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: An Urgency Ordinance of the City of Indio Amending Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and Adopting a New Section 159.419 Pertaining to the Development of Unzoned Properties Properties Indio Pacific Development the Within Former Agreement and Declaring the Urgency Thereof and Finding that the Urgency Ordinance is Exempt from CEQA Pursuant to CEQA Guideline Section 15061(b)(3)

RECOMMENDATION:

Waive full reading of Urgency Ordinance No. 1774, request the City Clerk to read the ordinance by title only and adopt Urgency Ordinance No. 1774 amending Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and adopting a new section 159.419 pertaining to the development Development Properties Indio Pacific former within properties unzoned of the Agreement and declaring the urgency thereof

SUMMARY:

Urgency Ordinance No. 1774 amends the City's Zoning Code to address the zoning of properties within the former Pacific Indio Properties Development Agreement that will remain unzoned after the approval of the Third Amendment to the Development Agreement. T his is a companion Urgency Ordinance to Urgency Ordinance No. 1773 to approve the Third Amendment to the Development Agreement.

BACKGROUND INFORMATION:

The City of Indio and what was then Pacific Indio Properties, Inc. entered into a Development Agreement for the development of approximately 241 acres of land in the area extending north from Interstate 10 to Avenue 42 and east between Clinton and Monroe Streets near Jackson (“Site”). This is the area that contains The Palms shopping center and the Hampt on Inn among other retail and restaurant establishments. The Development Agreement was amended twice with the last amendment, the “Second Amendment to Development Agreement” having extended the term of the agreement through January 19, 2022. The extensi on was limited to only those provisions in the Development Agreement related to land use and density.

The previous City Council item is requesting that the Development Agreement be extended through July 19, 2023. If the City Council approves the ext ension there will remain properties that are not covered by the Third Amendment that will be unzoned as the Development Agreement expires to those properties.

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While the City is undertaking and intends to complete the Zoning Code Update later this year, there will be unzoned property that has not been development within the Site. Accordingly, to ensure the orderly development of property, Staff is recommending that the City Council adopt an Urgency Ordinance to require that any development of such prope rty occur pursuant to a Development Agreement. This will allow the City to review each proposal and ensure that the City determines how the parcel will be used will be compatible in that area.

Because of the timing regarding the term of the Development Agreement, Staff is requesting that the City Council adopt Urgency Ordinance No. 1774 by a 4/5 vote in order to adopt this zoning provision.

Pursuant to Government Code Section 36937(b), this ordinance can take effective immediately if the adoption is for the immediate preservation of the public peace, health or safety. As explained in Urgency Ordinance No. 1774 those findings can be made.

As not all the property owners of land that was encompassed by the Second Amendment were signatories to the Third Amendment to the Development Agreement, there will remain acres of property that is vacant but now unzoned. The Development Agreement provided the zoning.

Accordingly, to ensure that large areas of unzoned property are subject to oversight by the City, t he proposed ordinance will require that any development be subject to a development agreement. The City will provide a standard development agreement and such agreement will provide for the approved uses of the site including any development standards. This will serve as a stop-gap measure until the City completes the Zoning Code update. This will guarantee that the City has enforceable development and design standards so development occurs in an orderly manner.

The adoption of Ordinance No. 1774 is exempt from CEQA pursuant to 15061(b)(3) as it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. The ordinance will require property owners to bring their specific projects forward and comply with CEQA at that time. This Urgency Ordinance is also consistent with the City’s General Plan as such development will comply with the underlying General Plan designation for the property.

Accordingly, Staff recommends that the City Council adopt Urgency Ordinance No. 1774 for the immediate preservation of the public peace, health or safety. As such, this Ordinance will take effect immediately pursuant to Government Code Section 36937(b).

ATTACHMENTS:

Urgency Ordinance No. 1774

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-1-

ORDINANCE NO. 1774

AN URGENCY ORDINANCE OF THE CITY OF INDIO AMENDING
CHAPTER 15 9 (ZONING REGULATIONS) OF TITLE XV (LAND
USAGE) AND ADOPTING A NEW S ECTION 159.419 PERTAINING TO

THE DEVELOPMENT OF UNZONED PROPERTIES WITH IN THE

FORMER PACIFIC INDIO PROPERTIES DEVELOPMENT

AGREEMENT AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municip al Code is hereby amended by adding a new Section 159.419 (Development of Unzoned Property) to read as follows:
“DEVELOPMENT OF UNZONED PROPERTY
159.419. Any real property located with in the bo undaries of the site that was subject to the Development Agreement between the City of Indio and Pacific Indio Properties, Inc. ( Riverside County Recorder Instrument Number 047277 ) as subsequently amended by the First Amendment, the Second Amendment to Development Agreement and the Third Amendment to Devel opment, all on file in the Department of Community Dev elopment, that is unzoned as of Jan uary 20, 2022, may be developed only with the approval of a development agreement by the City Council.” Section 2. Urgency Findings. Upon approval of the Third Amendment to Development Agreement, there will be p ortions of th e site that comprises the boundaries of the Pacific Indio Properties Development Agreement that will remain unzoned. Upon the lapse of the Development Agreement as t o those properties on January 20, 2022, and with no other appropriate land use measures in place , there is the potential of development of a large number of acres of property without any oversight. Zoning is a p lanning control tool used to regulate the physical development of land. Zoning promotes desirable development patterns and protects the public peace, health, safety and general welfare by preventing incompatible uses . For the immediate preservation of the public peace, health, safety and general welfare it is necessary that this Ordinance be adopted to ensure that any development of unzoned property be subject to re view and approval of the City through a development agreement granted pursuant to the provisions of the California Government Co de. This will provide for uses of such property along with development standards related to height and the placement of structures as well as design review to ensure compatibility with the area. Development, therefore, can proceed in an orderly manner. Therefore it is necess ary that this Ordinance become effective immediately upon adoption.

Accordingly, this Ordinance is for the immediate preservation of the public peace, health or safety and shall take effect immediately pursuant to Government Code Section 36937(b).

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Section 3. Pursuant to California Environmental Quality Act Guidelines 15061(b)(3) it can be seen with cert ainty tha t there is no possibility that this Urgency Ordinance will have a significant effect on the environment. The ordinance will require property owners to bring their specific proj ects forward and comply with CEQA at that time. In addition, this Urgency Ordinance is also consistent with the City ’s General Plan as such development will comply with the underlying General Plan designation for the property.

PASSED, APPROVED, and ADOPTED this 19th day of January, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Waymond Fermon, Mayor

ATTEST:

________________________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

___________________________
Roxanne Diaz, City Attorney

AGENDA ITEM #10.6
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City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Third Public Hearing to Receive Input from the Community Regarding the Redrawing of District Boundaries and Presentation of Draft District Maps

RECOMMENDATION:

No motion is necessary. The City Council shall (i) receive a report from staff and the City's consultant; (ii) conduct a public hearing to receive community input r egarding the redrawing of election district boundaries and draft maps created by the Demographer; and (iii) provide feedback to the City's Demorgrapher regarding the draft maps.

SUMMARY:

The City has by-district elections. With the release of the 2020 census data, the City is required to use the new census data to review and if needed, redraw district lines to reflect how local populations have changed. The districts must be redrawn using the 2020 census data and incompliance with the Fair Maps Act, which was adopted by the California Legislature as AB 849 and took effect January 1, 2020. The deadline for the City to adopt and submit the new District map to the County is April 17, 2022.

BACKGROUND INFORMATION:

The City Council has held the first and second public hearings which provided an overview of redistricting requirements and process as well as provided a forum for members of the public to provide input regarding redistricting and co mmunities of interest. In addition and in response to requests from the community, City Staff and the City's consultant/demographer from NDC Research held a community meeting on Saturday January 8, 2022 at 10:00 am in the City Council Chambers.

The meeting was also streamed live via Zoom. Members of the public participated both electronically and in person and provided input regarding communities of interest and asked questions of the consultant and staff. In addition, the consultant went through and exp lained how to use the online mapping tool.

This is the third hearing for the purposes of sharing draft maps prepared by the City's demographer and as well as receive feedback. The draft maps include the maps received from members of the public. The maps are based on the 2020 census data and input received to date regarding communities of interest. It should be noted that when creating draft maps, the demographer must use census blocks. Census blocks are the smallest geographic entity in the mapping process and a census black cannot be divided. This will often help explaing why certain boundaries may not be perfectly straight.

AGENDA ITEM #11.1
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ATTACHMENTS:

Attachment 1 - Draft Maps and Demographics_v2

APPROVAL(S):

Scott Trujillo, Deputy City Manager Approved - 14 Jan 2022

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Third Public Hearing to Receive Input from the Community Regarding the R...Page 279 of 418

AGENDA ITEM #11.1
Third Public Hearing to Receive Input from the Community Regarding the R...Page 280 of 418 District
Total
Population Deviation % Deviation Hispanic % Hispanic
NH
White
% NH
White
NH
Black
% NH
Black
NH
Asian
% NH
Asian
1 17,203 -701 -3.92% 12,734 74.02% 3,379 19.64% 399 2.32% 413 2.40% 2 18,183 279 1.56% 7,777 42.77% 8,547 47.01% 515 2.83% 871 4.79% 3 17,872 -32 -0.18% 15,187 84.98% 1,854 10.37% 281 1.57% 272 1.52% 4 17,625 -279 -1.56% 13,048 74.03% 3,428 19.45% 511 2.90% 342 1.94% 5 18,635 731 4.08% 13,120 70.41% 4,324 23.20% 448 2.40% 423 2.27% Totals 89,518 -5.64% 61,866 21,532 2,154 2,321
District
CVAP
Population
Hisp
CVAP Hisp CVAP%
NH White
CVAP
% NH
White CVAP
NH
Black
CVAP
% NH Black
CVAP
NH
Asian
CVAP
% NH
Asian CVAP
1 11,518 6,893 59.85% 4,116 35.74% 319 2.77% 133 1.15%
2 13,859 4,613 33.29% 8,606 62.10% 161 1.16% 398 2.87%
3 10,818 8,618 79.67% 1,870 17.29% 130 1.20% 167 1.54%
4 11,212 7,188 64.11% 3,169 28.27% 682 6.08% 118 1.05%
5 11,898 6,914 58.11% 4,117 34.61% 476 4.00% 281 2.36%
Totals 59,306 34,227 21,880 1,767 1,096
City of Indio - Plan 109 Total Population Demographics
City of Indio - Plan 109 Citizen Voting Age Population Demographics

AGENDA ITEM #11.1
Third Public Hearing to Receive Input from the Community Regarding the R...Page 281 of 418

AGENDA ITEM #11.1
Third Public Hearing to Receive Input from the Community Regarding the R...Page 282 of 418 District
Total
Population Deviation % Deviation Hispanic % Hispanic
NH
White
% NH
White
NH
Black
% NH
Black
NH
Asian
% NH
Asian
1 18,183 279 1.56% 7,777 42.77% 8,547 47.01% 515 2.83% 871 4.79% 2 17,872 -32 -0.18% 15,187 84.98% 1,854 10.37% 281 1.57% 272 1.52% 3 17,203 -701 -3.92% 12,734 74.02% 3,379 19.64% 399 2.32% 413 2.40% 4 17,625 -279 -1.56% 13,048 74.03% 3,428 19.45% 511 2.90% 342 1.94% 5 18,635 731 4.08% 13,120 70.41% 4,324 23.20% 448 2.40% 423 2.27% Totals 89,518 8.00% 61,866 21,532 2,154 2,321
District
CVAP
Population
Hisp
CVAP Hisp CVAP%
NH White
CVAP
% NH
White CVAP
NH
Black
CVAP
% NH Black
CVAP
NH
Asian
CVAP
% NH
Asian CVAP
1 13,859 4,613 33.29% 8,606 62.10% 161 1.16% 398 2.87%
2 10,818 8,618 79.67% 1,870 17.29% 130 1.20% 167 1.54%
3 11,518 6,893 59.85% 4,116 35.74% 319 2.77% 133 1.15%
4 11,212 7,188 64.11% 3,169 28.27% 682 6.08% 118 1.05%
5 11,898 6,914 58.11% 4,117 34.61% 476 4.00% 281 2.36%
Totals 59,306 34,227 21,880 1,767 1,096
City of Indio - Plan 109 Total Population Demographics
City of Indio - Plan 109 Citizen Voting Age Population Demographics

AGENDA ITEM #11.1
Third Public Hearing to Receive Input from the Community Regarding the R...Page 283 of 418 City of Indio
City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Public hearing, to approve the conducting of a special election, adopt Resolution No. 10251 Determining the Validity of Prior Proceedings, adopt Resolution No. 10252 Calling a Special Election, adopt Resolution No. 10253 Canvassing the Results of the Election, conduct first reading by title only of Ordinance N o. 1769 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 80 (The Crossings – Tract Map No. 37899) to CFD No. 2004-1.

RECOMMENDATION:

That the City Council open the Public Hearing to approve the conducting of a special election, adopt Resolution No. 10251 Determining the Validity of Prior Proceedings, adopt Resolution No. 10252 Calling a Special Election, adopt Resolution No. 10253 Canvassing the Results of the Election, and waive full reading of Ordinance No. 1769 Authorizing the Levy of a Special Tax, introduce the Ordinance by title only and request the City Clerk to read the title, and approve a budget adjustment relating to the Annexation of Annexation Area No. 80 (The Crossings – Tract Map No. 37899) to CFD No. 2004-1.

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District No. 2004 -1 (CFD) for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development withi n the City. On July 21, 2004, the City Council established the CFD and also adopted a rate and method of apportionment to levy the special tax on all new residential development, within the CFD, of four or more homes. The tax is applicable upon the issuance of building permits on or after May 1, 2004. Annexation of each CFD is typically included as a mitigation measure for new residential development within the City. At the November 3, 2021 City Council meeting, the Council approved Resolution No. 10238, In tention to annex Annexation Area No. 80 into the CFD and set January 19, 2022 as the date for the public hearing, consideration of the adoption of a Resolution Determining the Validity of Prior Proceedings, a Resolution Calling a Special Election, holding the election, a Resolution Canvassing the Results of the Election, conduct first reading of the Ordinance Authorizing the Levy of a Special Tax, and approve a budget adjustment relating to the Annexation of Annexation Area No. 80.

BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “5”), Annexation Map No. 80. Upon the petition of property owners, the City will annex new subdivision developments into the CFD. The owner of the property within the boundaries of AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 284 of 418 Annexation Map No. 80, The Crossings Indio Inc., has filed a petition with the City Clerk requesting the City to include such property in the CFD.

The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.

Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district. Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

Section 53326(b) provides that there are less than 12 registered voters currently within the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments.

FINANCIAL DETAIL:

Current FY Financial
Impact:
$25,064 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Future FY Financial
Impact:
$0 For fiscal year: 21/22
Source of funds: N/A Account number: N/A

Additional Financial Details:

The cost for the annexation is approximately $11,500 in consulting fees and $13,564 for Administrative Costs. The Crossings Indio Inc. has paid $25,064 to cover these costs. There will be no cost impact to the General Fund.

There are 103 units contained within this annexation. The Fiscal Year 2021-22 rate is $504.08 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year, but ultimately generate more than $51,920 annually to help cover local public safety costs.

ATTACHMENTS:

Attachment 1 - Resolution Determining Validity of Prior Proceedings (2) Attachment 2 - Resolution Calling a Special Election (2) Attachment 3 - Resolution Canvassing Results of Election Attachment 4 - Ordinance Authorizing Levy of Special Tax (2) Attachment 5 Map - Annexation Map No. 80

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 285 of 418 APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 Jan 2022 Roxanne Diaz, City Attorney Approved - 12 Jan 2022
Hector Orozco, Accountant Approved - 13 Jan 2022
Bryan H. Montgomery, City Manager Approved - 13 Jan 2022

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 286 of 418 56387408.2

ATTACHMENT 1
RESOLUTION NO. 10251 DETERMINING THE VALIDITY

OF PRIOR PROCEEDINGS

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 287 of 418 56387408.2 2
RESOLUTION NO. 10251

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS

RELATING TO ANNEXATION OF PROPERTY INTO C ITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT,

FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10238 stating its intention to annex certain properties, consisting of (Tract Map No. 37899) (“Annexation Area No. 80”), The Crossings into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 10238 incorporating a description and map of the proposed boundaries of Annexation Area No. 80 and setting forth the rate and method of apportionment and man ner of collection of the special tax to be levied within Annexation Area No. 80, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 80 prior to the annexation of Annexation Area No. 80 to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 80, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 10238 set January 19, 2022 as the date of the public hearing on the annexation of Annexation Area No. 80 to the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 80 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presen ted to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Sect ion 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.

Section 2. Annexation Area No. 80 is hereby annexed into the District.

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 288 of 418 56387408.2 3
Section 3. The description and map of the boundaries of Annexation Area No. 80 on file in the City Clerk’s office and as described in said Resolution No. 10238 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 80.

The map of the proposed boundaries of Annexa tion Area No. 80 has been recorded in the Office of the County Recorder of Riverside County, California in Book 87, Page 92 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2021-0697636).

Section 4. Except where funds are other wise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 80 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 80. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5. Upon recordation of a notice of special tax lien pursu ant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in Annexation Area No. 80 and this lien shall continue in force and effect until the special tax obligation i s canceled in accordance with law or until collection of the tax by the City ceases.

Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 80.

Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 80 for the exclusive purpose of financing law enforcement, fire and paramedic services.

Section 8. Written protests against annexation of Annexation Area No. 80, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 80, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within Annexation Area No. 80.

Section 9. The Office of the City Manager, 100 Civic Center Mall, Indio, California 92201, ( 760) 391-4015, or its designee, is designated to be responsible for preparing annually a current rol l of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.

Section 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all neces sary acts to call, hold, canvass and certify an election or elections on the levy of the special tax.

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 289 of 418 56387408.2 4
PASSED, APPROVED and ADOPTED this 19th day of January, 2022.

WAYMOND FERMON, MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVE AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 290 of 418 56387408.2

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

AGENDA ITEM #11.2
Public hearing, to approve the conducting of a special election, adopt R... Page 291 of 418 56387408.2

RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the C ity Council of the City of Indio, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the Ci ty pursuant to which such property owner pays Transient Occupancy Taxes.

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“Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new construction of a single -family dwelling unit was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending on the following June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are n ot exempt from the Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Propert y, or Developed Multi -Family Residential Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single -Family Residential Property shall be $504.08.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

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2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classifi ed as Developed Multi -Family Residential Property shall be $ 504.08 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for etch following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or befor e the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION

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The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004 -1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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ATTACHMENT 2
RESOLUTION NO. 10252 CALLING A SPECIAL ELECTION

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RESOLUTION NO. 10252

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO ,

CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10238 stating its in tention to annex certain property, consisting of ( Tract Map No. 37899) (“Annexation Area No. 80), The Crossings, into City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 10238 incorporating a description and map of the proposed boundaries of Annexation Area No. 80, and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 80, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 80, prior to the a nnexation of Annexatio n Area No. 80, to the District and do not supplant services already av ailable within the territory proposed to be included in Annexation Area No. 80, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on January 19, 2022, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 80, into the District; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining t o the annexation of Annexation Area No. 80, into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 10251 determining the validity of prior proceedings relating to such annexations; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 80 to finance the above referenced public services has not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 80; and
WHEREAS, this Council wishes to present to the respective qualified electors of Annexation Area No. 80, a proposition to levy special taxes on property within Annexation Area No. 80;

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 80 a proposition (the “Proposition 80”) to levy special taxes on property within Annexation Area No. 80 in accordance with the rate and method specified in Res olution No. 10238 of the Council.

The form of Official Ballot containing Proposition 80 is attached hereto.

Section 2. A special election is hereby called for Annexation Area No. 80 on the Proposition 80 set forth in Section 1 above.

Section 3. The date of the special election s shall be on the 19th day of January, 2022. The voter ballot s shall be returned to the City Clerk at 1 00 Civic Center Mall, Indio, California 92201, no later than 5:00 o’clock p.m. on January 19, 2022.

Section 4. The Council finds and determines that there were no registered voters residing within the territor y of Annexation Area No. 80 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by the sole landowner or sole land owners, the ballot for the special election shall be mailed or hand delivered to the landowner or landowners within Annexation Area No. 80, and the City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of Annexa tion Area No. 80 an Official Ballot in the form attached hereto.

Section 5. Annexation Area No. 80 shall constitute a single election precinct for the purpose of holding said election.

Section 6. The Council hereby directs that the election be conducted by the City Clerk of the City of Indio, as the elections official.

PASSED, APPROVED and ADOPTED this 19th day of January, 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVED AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)

SPECIAL TAX ELECTION
January 19, 2022

VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declared under penalty of perjury as follows:

I have been duly authorized to cast ballots on behalf of the landowner as set forth below:

LANDOWNER:

NAME OF VOTER:

ADDRESS OF VOTER:

DATE OF SIGNING:

SIGNATURE:

FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.

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YES

NO

OFFICIAL BALLOT

CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 80
(Tract Map No. 37899)

SPECIAL TAX ELECTION
January 19, 2022
To vote, mark a cross (+) in the voting square after the word “YES” or after th e word “NO.” All marks otherwise made are forbidden.

This ballot is provided to The Crossings Indio Inc. , as owner or authorized representative of such sole owner of land within Annexation Area No. 80 of City of Indio Community Facilities District No. 200 4-1 (Law Enforcement, Fire and Paramedic Services) and represents 103 votes.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Indio at 100 Civic Center Mall, Indio, California 92201.

PROPOSITION 80: Shall City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof
pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resoluti on No. 10238 to finance the authorized services, all as provided for in the Special Tax Formula?

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ATTACHMENT 3
RESOLUTION NO. 10253 CANVASSING THE RESULTS

OF THE SPECIAL ELECTION

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RESOLUTION NO. 10253

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFOR CEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 80

ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Indio, California (the “Council”) has previously conducted proceedings pertaini ng to the annexation of certain propert ies, consisting of (Tract Map No. 37899) (“Annexation Area No. 80”), into the City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and
WHEREAS, on January 19, 2022, an election was held within Annexation Area No. 80 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for each of Annexation Area No. 80 was approved by the qualified electors of Annexation Area No. 80;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. It is hereby determined that the election conducted within Annexation Area No. 80, was duly and validly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 10251 determining the validity of prior proceedings adopted by the City Council on January 19, 2022.

PASSED, APPROVED and ADOPTED this 19th day of January, 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVE AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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ATTACHMENT 4
ORDINANCE NO. 1769 AUTHORIZING THE LEVY OF A SPECIAL TAX

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ORDINANCE NO. 1769

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 200 4-1 (LAW ENFO RCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 80

ANNEXED TO SAID DISTRICT

WHEREAS, on November 3, 2021, the City Council (the “Council”) of the City of Indio, California (the “City”), adopted Resolution No. 10238 stating its intention to annex certain properties, consisting of (Tract Map No. 37899) (“Annexation Area No. 80”), into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pu rsuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 80 into the District; and WHEREAS, on January 19, 2022 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 80 into the District and the rate and method of apportionment and manner of collection of the special ta x to be levied within Annexation Area No. 80 to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 80 were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 10251 determining the validity of prior proceedings relative to the anne xation of Annexation Area No. 80 annexed Annexation Area No. 80 into the District and authorized the levy of a special tax within Annexation Area No. 80; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 10252 which called an election within Annexation Area No. 80; for January 19, 2022 on the proposition of levying a special tax; and
WHEREAS, on January 19, 2022 an election was held within Annexation Area No. 80 in which the eligible electors approved by more than two -thirds vote the proposition of levying a special tax;

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF INDIO AS FOLLOWS:

Section 1. A special tax is levied within the boundaries of Annexation Area No. 80 pursuant to the formula set forth in Exhibit “A” attached hereto and

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2 incorporated by reference in an amount necessary to finance a portion of the cost of providin g law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 80 prior to the annexation of Annexation Area No. 80 respectively, into the District.

Section 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rat e set forth in Exhibit “A.”
Section 3. All of the collections of the special tax shall be used as provided for in the Act and this Ordinance.

Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall b e subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes.

Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of this ordinance, together with the vote thereon, in the form attached as Exhibit B, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the ter ritorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.

Section 6. This ordinance relating to the levy o f the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County.

PASSED, APPROVED and ADOPTED this 2nd day of February, 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ

CITY CLERK, CMC

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3 APPROVED AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facil ities District No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the City Council of the City of Indio, through the application of the Rate and Method of Apportio nment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parce l Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

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2 “Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new construction of a single -family dwelling unit was issued after May 1, 2004 and prior to Jun e 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending o n the following June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are not exempt from the Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Property, or Developed Multi -Family Residential Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classifie d as Developed Single -Family Residential Property shall be $504.08.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

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3 2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi -Family Residential Property shall be $ 504.08 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect fo r the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for etch following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel sh all not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provid ed that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrato r agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

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4 G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004 -1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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EXHIBIT B
NOTICE OF ADOPTION OF ORDINANCE NO. XXXXX
NOTICE IS HEREBY GIVEN that on January 19, 2022, at the Council Chambers of the City of Indio, 100 Civic Center Mall , Indio, California 92 201, the City Council of the City of Indio, in its capacity as the legislative body of the City of Indio Community Facilities District No. 200 4-1 (Law Enforcement, Fire and P aramedic Services), held a public hearing and adopted Ordinance No. XXXXX. A summar y of Ordinance No.

XXXXX follows and is marked as Exhibit “A”. At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard.

Ordinance No. XXXXX was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY COUNCIL OF THE CITY OF INDIO,

ACTING AS THE LEGISLATIVE BODY OF

THE CITY OF INDIO COMMUNITY
FACILITIES DISTRICT NO. 200 4-1 (LAW

ENFORCEMENT, FIRE AND PARAMEDI C

SERVICES)

Dated: _________________, 2022 By
Cynthia Hernandez, CMC
City Clerk of the City of Indio

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EXHIBIT “A”

TO NOTICE OF ADOPTION OF ORDINANCE

BEFORE THE CITY COUNCIL OF THE CITY OF INDIO IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC

SERVICES)

IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within Annexation
Area No. 80 Annexed to City of
Indio Community Facilities
District No. 2004-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. __________ SUMMARY
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The ordinance authorizes the levy of an annual special tax within Annexation Area No. 80 annexed to City of Indio Community Facilities District No. 200 4-1 (La w Enforcement, Fire and Paramedic Services) (the “District”), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 80 prior to the annexation of Annexation Area No. 80, respectively, to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitatio n occurring within Annexation Area No. 80.

DATED: ____________________, 2022 CITY OF INDIO

By:

Cynthia Hernandez, CMC
City Clerk of the City of Indio

AGENDA ITEM #11.2
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ANNEXATION MAP NO. 80

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City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: election, special a of conducting approve to hearing Public the adopt Resolution No. 10255 Determining the Validity of Prior Proceedings, adopt Resolution No. 10256 Calling a Special Election, adopt Resolution No. 10257 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1770 Au thorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 81 (Ventana – Tract Map No. 37884) to CFD No. 2004-1.

RECOMMENDATION:

That the City Council open the Public Hearing to approve the cond ucting of a special election, adopt Resolution No. 10255 Determining the Validity of Prior Proceedings, adopt Resolution No. 10256 Calling a Special Election, adopt Resolution No. 10257 Canvassing the Results of the Election, and waive full reading of Ordi nance No. 1770 Authorizing the Levy of a Special Tax, introduce the Ordinance by title only and request the City Clerk to read the title, and approve a budget adjustment relating to the Annexation of Annexation Area No. 81 (Ventana – Tract Map No. 37884) t o CFD No. 2004-1.

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District No. 2004 -1 (CFD) for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development withi n the City. On July 21, 2004, the City Council established the CFD and also adopted a rate and method of apportionment to levy the special tax on all new residential development, within the CFD, of four or more homes. The tax is applicable upon the issuance of building permits on or after May 1, 2004. Annexation of each CFD is typically included as a mitigation measure for new residential development within the City. At the December 1, 2021 City Council meeting, the Council approved Resolution No.10243, Intention to annex Annexation Area No. 81 into the CFD and set January 19, 2022 as the date for the public hearing, consideration of the adoption of a Resolution Determining the Validity of Prior Proceedings, a Resolution Calling a Special Election, holding t he election, a Resolution Canvassing the Results of the Election, conduct first reading of the Ordinance Authorizing the Levy of a Special Tax, and approve a budget adjustment relating to the Annexation of Annexation Area No. 81.

BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “5”), Annexation Map No. 81. Upon the petition of property owners, the City will annex new subdivision developments into the CFD. The owner of the property within the boundaries of AGENDA ITEM #11.3
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The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.

Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district. Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

Section 53326(b) provides that there are less than 12 registered voters currently within the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments

FINANCIAL DETAIL:

Current FY Financial
Impact:
$25,064 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Future FY Financial
Impact:
$0 For fiscal year: 21/22
Source of funds: N/A Account number: N/A

Additional Financial Details:

The cost for the annexation is approximately $11,500 in consulting fees and $13,564 for Administrative Costs. Avenue 50 Indio, LLC has paid $25,064 to cover these costs. There will be no cost impact to the General Fund.

There are 103 units contained within this annexation. The Fiscal Year 2021-22 rate is $504.08 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year, but could ultimately generate more than $51,920 annually to help cover local public safety costs.

ATTACHMENTS:

Attachment 1 - Annexation 81 Resolution Determining Validity of Prior Proceedings (2) Attachment 2 - annexation 81 Resolution Calling a Special Election (2) Attachment 3 -annexation 81 Resolution Canvassing Results of Election (2) Attachment 4 - annexation 81 Ordinance Authorizing Levy of Special Tax (2) Attachment 5 - CFD Annexation Boundary Map

AGENDA ITEM #11.3
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Timothy Wassil, Public Works Director Approved - 12 Jan 2022 Roxanne Diaz, City Attorney Approved - 12 Jan 2022
Hector Orozco, Accountant Approved - 13 Jan 2022
Bryan H. Montgomery, City Manager Approved - 13 Jan 2022

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ATTACHMENT 1
RESOLUTION NO. 10255 DETERMINING THE VALIDITY

OF PRIOR PROCEEDINGS

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RESOLUTION NO. 10255

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS

RELATING TO ANNEXATION OF PROPERTY INTO CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT,

FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 12243 stating its intention to annex certain propert ies, consisting of (Tract Map No. 37884) (“Annexation Area No. 81”), Ventana into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos Com munity Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 12243 incorporating a description and map of the proposed boundaries of Annexation Area No. 81 and setting forth the rate and method of apportionment and manner o f collection of the special tax to be levied within Annexation Area No. 81, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 81 prior to the annexation of Annexation Area No. 81 to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 81, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 10243 set January 19, 2022 as the date of the public hearing on the annexation of Annexation Area No. 81 to the District and this Council held the said public hearing as required by law; and
WHEREAS, at said heari ng all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 81 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented t o the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Section 5 3325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.

Section 2. Annexation Area No. 81 is hereby annexed into the District.

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Section 3. The description and map of the b oundaries of Annexation Area No. 81 on file in the City Clerk’s office and as described in said Resolution No. 12243 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 81.

The map of the proposed boundaries of Annexation Area No. 81 has been recorded in the Office of the County Recorder of Riverside County, California in Book 88, Page 15 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2021-0755847).

Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 81 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 81. The rate and method of apportionment of the spec ial tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5. Upon recordation of a notice of special tax lien pursuant t o Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in Annexation Area No. 81 and this lien shall continue in force and effect until the special tax obligation is can celed in accordance with law or until collection of the tax by the City ceases.

Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 81.

Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 81 for the exclusive purpose of financing law enforcement, fire and paramedic services.

Section 8. Written protests against annexation of Annex ation Area No. 81, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 81, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one -half (1/2) or more of the area of land within Annexation Area No. 81.

Section 9. The Office of the City Manager, 100 Civic Center Mall, Indio, California 92201, ( 760) 391-4015, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.

Section 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax.

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PASSED, APPROVED and ADOPTED this 19th day of January, 2022.

WAYMOND FERMON, MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVE AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the City C ouncil of the City of Indio, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the Stat e of California.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or in dustrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

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“Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new construction of a single -family dwelling unit was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending on the following June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are not ex empt from the Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all A ssessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Property, or Developed Multi -Family Residential Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single -Family Residential Property shall be $504.08.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

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2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi -Family Residential Property shall be $ 504.08 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for etch following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of T ransient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator d eems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION

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The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004 -1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to fore close and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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ATTACHMENT 2
RESOLUTION NO. 10256 CALLING A SPECIAL ELECTION

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RESOLUTION NO. 10256

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO ,

CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 12243 stating its in tention to annex certain property , consisting of ( Tract Map No. 37884) (“Annexation Area No. 81), Ventana, into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 12243 incorporating a description and map of the proposed boundaries of Annexation Area No. 81, and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 81, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 81, prior to the a nnexation of Annexation Area No. 81, to the District and do not supplant services already av ailable within the territory proposed to be included in Annexation Area No. 81, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on January 19, 2022, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 81, into the District; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 81, into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was a nd is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 10255 determining the validity of prior proceedings relating to such annexations; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 81 to finance the above referenced public services has not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 81; and
WHEREAS, this Council wishes to present to the respective qualified electors of Annexation Area No. 81, a proposition to levy special taxes on property within Annexation Area No. 81;

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 81 a proposition (the “Proposition 81”) to levy special taxes on property within Annexation Area No. 81 in accordance with the rate and method specified in Resolutio n No. 12243 of the Council.

The form of Official Ballot containing Proposition 81 is attached hereto.

Section 2. A special election is hereby called for Annexation Area No. 81 on the Proposition 81 set forth in Section 1 above.

Section 3. The date of the special election s shall be on the 19th day of January, 2022. The voter ballot s shall be returned to the City Clerk at 1 00 Civic Center Mall, Indio, California 92201, no later than 5:00 o’clock p.m. on January 19, 2022.

Section 4. The Council finds and determines that there were no regist ered voters residing within the territor y of Annexation Area No. 81 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by the sole landowner or sole landowners , the ballot for the special election shall be mailed or hand delivered to the landowner or landowners within Annexation Area No. 81, and the City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of Annexation A rea No. 81 an Official Ballot in the form attached hereto.

Section 5. Annexation Area No. 81 shall constitute a single election precinct for the purpose of holding said election.

Section 6. The Council hereby directs that the election be conducted by the City Clerk of the City of Indio, as the elections official.

PASSED, APPROVED and ADOPTED this 19th day of January, 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVED AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)

SPECIAL TAX ELECTION
January 19, 2022

VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declared under penalty of perjury as follows:

I have been duly authorized to cast ballots on behalf of the landowner as set forth below:

LANDOWNER:

NAME OF VOTER:

ADDRESS OF VOTER:

DATE OF SIGNING:

SIGNATURE:

FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.

AGENDA ITEM #11.3
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YES

NO

OFFICIAL BALLOT

CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 81
(Tract Map No. 37884)

SPECIAL TAX ELECTION
January 19, 2022
To vote, mark a cross (+) in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.

This ballot is provided to Avenue 50 Indio, LLC , as owner or authorized representative of such sole owner of land within Annexation Area No. 81 of City of Indio Community Facilities District No. 2004 -1 (Law E nforcement, Fire and Paramedic Services) and represents 103 votes.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Indio at 100 Civic Center Mall, Indio, California 92201.

PROPOSITION 81: Shall City of Indio C ommunity Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof
pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. 12243 to finance the authorized services, all as provided for in the Special Tax Formula?

AGENDA ITEM #11.3
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ATTACHMENT 3
RESOLUTION NO. 10257 CANVASSING THE RESULTS

OF THE SPECIAL ELECTION

AGENDA ITEM #11.3
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RESOLUTION NO. 10257

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFOR CEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 81

ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Indio, California (the “Council”) has previously conducted proceedings pertaini ng to the annexation of certain propert ies, consisting of (Tract Map No. 37884) (“Annexation Area No. 81”), into the City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and
WHEREAS, on January 19, 2022, an election was held within Annexation Area No. 81 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for each of Annexation Area No. 81 was approved by the qualified electors of Annexation Area No. 81;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. It is hereby determined that the election conducted within Annexation Area No. 81, was duly and validly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 10255 determining the validity of prior proceedings adopted by the City Council on January 19, 2022.

PASSED, APPROVED and ADOPTED this 19th day of January, 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #11.3
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APPROVE AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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ATTACHMENT 4
ORDINANCE NO. 1770 AUTHORIZING THE LEVY OF A SPECIAL TAX

AGENDA ITEM #11.3
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ORDINANCE NO. 1770

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,

ACTING AS THE LEGISLATIVE BODY OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 200 4-1 (LAW ENFO RCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 81

ANNEXED TO SAID DISTRICT

WHEREAS, on December 1, 2021, the City Council (the “Council”) of the City of Indio, California (the “City”), adopted Resolution No. 12243 stating its intention to annex certain properties, consisting of (Tract Map No. 37884) (“Annexation Area No. 81”), into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pu rsuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 81 into the District; and WHEREAS, on January 19, 2022 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 81 into the District and the rate and method of apportionment and manner of collection of the special ta x to be levied within Annexation Area No. 81 to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 81 were heard and a full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 10255 determining the validity of prior proceedings relative to the anne xation of Annexation Area No. 81 annexed Annexation Area No. 81 into the District and authorized the levy of a special tax within Annexation Area No. 81; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 10256 which called an election within Annexation Area No. 81; for January 19, 2022 on the proposition of levying a special tax; and
WHEREAS, on January 19, 2022 an election was held within Annexation Area No. 81 in which the eligible electors approved by more than two -thirds vote the proposition of levying a special tax;

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF INDIO AS FOLLOWS:

Section 1. A special tax is levied within the boundaries of Annexation Area No. 81 pursuant to the formula set forth in Exhibit “A” attached hereto and

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2 incorporated by reference in an amount necessary to finance a portion of the cost of providin g law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 81 prior to the annexation of Annexation Area No. 81 respectively, into the District.

Section 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rat e set forth in Exhibit “A.”
Section 3. All of the collections of the special tax shall be used as provided for in the Act and this Ordinance.

Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall b e subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes.

Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of this ordinance, together with the vote thereon, in the form attached as Exhibit B, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the ter ritorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.

Section 6. This ordinance relating to the levy o f the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County.

PASSED, APPROVED and ADOPTED this 2nd day of February, 2022.

WAYMOND FERMON, MAYOR
ATTEST:

CYNTHIA HERNANDEZ

CITY CLERK, CMC

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3 APPROVED AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facil ities District No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the City Council of the City of Indio, through the application of the Rate and Method of Apportio nment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parce l Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

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2 “Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new construction of a single -family dwelling unit was issued after May 1, 2004 and prior to Jun e 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending o n the following June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are not exempt from the Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Property, or Developed Multi -Family Residential Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classifie d as Developed Single -Family Residential Property shall be $504.08.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

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3 2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi -Family Residential Property shall be $ 504.08 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect fo r the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for etch following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel sh all not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provid ed that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrato r agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

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4 G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004 -1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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EXHIBIT B
NOTICE OF ADOPTION OF ORDINANCE NO. XXXXX
NOTICE IS HEREBY GIVEN that on January 19, 2022, at the Council Chambers of the City of Indio, 100 Civic Center Mall , Indio, California 92 201, the City Council of the City of Indio, in its capacity as the legislative body of the City of Indio Community Facilities District No. 200 4-1 (Law Enforcement, Fire and P aramedic Services), held a public hearing and adopted Ordinance No. XXXXX . A summar y of Ordinance No.

XXXXX follows and is marked as Exhibit “A”. At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard.

Ordinance No. XXXXX was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY COUNCIL OF THE CITY OF INDIO,

ACTING AS THE LEGISLATIVE BODY OF

THE CITY OF INDIO COMMUNITY
FACILITIES DISTRICT NO. 200 4-1 (LAW

ENFORCEMENT, FIRE AND PARAMEDI C

SERVICES)

Dated: _________________, 2022 By
Cynthia Hernandez, CMC
City Clerk of the City of Indio

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EXHIBIT “A”

TO NOTICE OF ADOPTION OF ORDINANCE

BEFORE THE CITY COUNCIL OF THE CITY OF INDIO IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC

SERVICES)

IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within Annexation
Area No. 81 Annexed to City of
Indio Community Facilities
District No. 2004-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO. __________ SUMMARY
)
)
)
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The ordinance authorizes the levy of an annual special tax within Annexation Area No. 81 annexed to City of Indio Community Facilities District No. 200 4-1 (La w Enforcement, Fire and Paramedic Services) (the “District”), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 81 prior to the annexation of Annexation Area No. 81, respectively, to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitatio n occurring within Annexation Area No. 81.

DATED: ____________________, 2022 CITY OF INDIO

By:

Cynthia Hernandez, CMC
City Clerk of the City of Indio

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ANNEXATION MAP NO. 81

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City Council
January 19, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: election, special a of conduction to approve hearing Public the adopt Resolution No. 10258 Determining the Validity of Prior Proceedings, adopt Resolution No. 10259 Calling a Special Election, adopt Resolution No. 10260 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1771 Au thorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 82 to CFD No. 2004-1 (Tract Map Nos. 37075 and 37076, LGI Homes-California, LLC)

RECOMMENDATION:

That the City Council open the Public Hearing to approve the conducting of a special election, adopt Resolution No. 10258 Determining the Validity of Prior Proceedings, adopt Resolution No. 10259 Calling a Special Election, adopt Resolution No. 10260 Canvassing the Results of the Election, waive full reading of Ordinance No. 1771 Authorizing the Levy of a Special Tax, introduce the Ordinance by title only and request the City Clerk to read the title and approve a budget adjustment relating to the Annexation of Annexation Area No. 82 to CFD No. 2004-1 (Tract Map Nos. 37075 and 37076, LGI Homes-California, LLC).

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District No. 2004 -1 (CFD) for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development withi n the City. On July 21, 2004, the City Council established the CFD and also adopted a rate and method of apportionment to levy the special tax on all new residential development, within the CFD, of four or more homes. The tax is applicable upon the issuance of building permits on or after May 1, 2004. Annexation of each CFD is typically included as a mitigation measure for new residential development within the City. At the December 15, 2021 City Council meeting, the Council approved Resolution No. 10250, I ntention to annex Annexation Area No. 82 into the CFD and set January 19, 2022 as the date for the public hearing, consideration of the adoption of a Resolution Determining the Validity of Prior Proceedings, a Resolution Calling a Special Election, holding the election, a Resolution Canvassing the Results of the Election, conduct first reading of the Ordinance Authorizing the Levy of a Special Tax, and approve a budget adjustment relating to the Annexation of Annexation Area No. 82.

BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “5”), Annexation Map No. 82. Upon the petition o f property owners, the City will annex new subdivision developments into the CFD. The owner of the property within the boundaries of AGENDA ITEM #11.4
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The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.

Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district. Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

Section 53326(b) provides that there are less than 12 registered voters currently within the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments.

FINANCIAL DETAIL:

Current FY Financial
Impact:
$25,064 In current year budget: No
Current FY General
Fund Impact:
$0 Budget adjustment: No
Future FY Financial
Impact:
$0 For fiscal year: 21/22
Source of funds: N/A Account number: N/A

Additional Financial Details:

The cost for the annexation is approximately $11,500 in consulting fees and $13,564 for Administrative Costs. LGI Homes-California, LLC has paid $25,064 to cover these costs. There will be no cost impact to the General Fund.

There are 115 units contained within this annexation. The Fiscal Year 2021-22 rate is $504.08 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year, but could ultimately generate more than $57,969.20 annually to help cover local public safety costs.

ATTACHMENTS:

Attachment 1 -annexation 82 Resolution Determining Validity of Prior Proceedings (2) Attachment 2 -Annexation 82 Resolution Calling a Special Election (2) Attachment 3 annexation 82 Resolution Canvassing the Results of Special Election(2) Attachment 4 -annexation 82 Ordinance Authorizing Levy of Special Tax (2) Attachment 5 - CFD Annexation Boundry Map