Indio City Council
May 4, 2022

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SCOPE OF WORK

City of Indio Federal Project No. ATPL-5275 (035) | City Project No. SW1801 Final Project Report (35)
The final project report is an important document for the project and the City. We know that each project has its own set of challenges and how the team navigates those challenges is as unique as well. The Anser team knows the City will be completing similar projects throughout the next 5-10 years and documentation of the good and bad parts of the project will help lend support for the next project. We will prepare a report full of the lessons learned as well as a full records of the schedule, costs and progress photographs.

Audit Support (38)
At the end of the project, Anser will deliver audit ready documents for City record. If required by the City, the Anser team will be available to assist in any Caltrans Local Assistance Audit support. Anser has been audited by Caltrans on previous LAPM projects and has received high praise from the Caltrans auditor on the organization and administration of the project. We are confident our team will administer the project without any concern for loss of funding.

Inspection and Documentation
Preconstruction Activities (1,2,3)
The Anser team is fully prepared before stepping onto any project. It will be Lucas’ responsibility as Resident Engineer, to ensure that the field inspectors have fully review contract documents such as plans, specificat ions, and permits. Lucas will sit down with our inspector and give them an indoctrination of the safety, quality, compliance, traffic control, and any other information they will need for their assignment. Our lead inspector will attend all preliminary field walks with the City and attend the pre-construction meeting.

In addition, our inspector’s will be equipped with the tools required to do their job. These tools include a vehicle with safety lighting, PPE, laptop or iPad for their daily reports, cell phone, and camera. Lucas expects that all inspectors always carry a tape measure with them, as well as a notebook and pen. These are the standard tools of an inspector and must always be in the possession o f the inspector. Other tools that our inspectors will be equipped with are a builders/laser level, straight edge, measuring wheel, string lines, and stakes.

Our inspectors are ready to provide continuous inspection during the standard eight -hour shift, but we recognize that the contractor’s shift times may vary due to time of year or special operations. The Anser team will provide inspection support during all the contractor’s shifts.

Safety
Safety is Anser’s number one priority. This includes the safety of the traveling public, the contractor, and our team. We adopt a zero-tolerance culture for preventable accidents to ensure that every team member and public drivers go home at the end of the day. Every member of our construction team has an obligation to never walk by an unsafe act. For this project, a few of the high-priority safety items the Anser team will look out for are machinery working near each other, traffic control, and slips and falls We will require the contractor to submit an Injury and Illness Protection Plan (IIPP) for all their operations for the project and make sure the contractor is held accountable for enforcing their plan. If we see something that goes against the contractor’s plan, we will shut down the operation and call a meeting to make sure safety is the number one goal of the project.

We also utilize the Caltrans safety checklist (CEM -0606) to ensure all safety protocols are being adhered to and if something is found out of compliance, contact the contractor to make an immediate correction.

Cost Monitoring (9)
At the beginning of each project, Anser will set up a master spreadsheet which tracks payment quantities of each bid item, as well as total payment amounts each month to the contractor. Change orders, extra work, and potential change orders will all be tracked in their own report. Additionally, payment for owner furnished materials and materials on hand will be separately reported. In addition to the estimate, we will prepare a monthly report that shows project cost vs. time, as well as the burn rate for the contractor against our projected burn rates to help show if the contractor’s progress from a cost perspective agrees with the schedule. We will analyze both bid items and construction change orders (CCOs) to estimate the total contingency used.

The overall project costs will be measured against the contingency funds to ensure the City is not at risk of a budget overage.

NPDES and AQMD Compliance (4,6)
Storm Water Inspection is a key aspect of any project and Anser understands the importance of maintaining the project SWPPP and performing accurate and timely storm water inspection. Anser will work with the Contractor to ensure all QC SWPPP reporting is being done and any corrective actions are identified and rectified immediately. Anser ensures that the Contractor complies with the general construction permit throughout the life of the project. Anser staff review Contractor’s weekly, monthly,

and annual site inspection reports as well as any discharge reports, storm water sampling reports, REAPS and pre/post storm inspection reports prior to them being submitted and uploaded to SMARTS. Resident Engineer, Lucas Rathe, is a QSD and will be responsible for ensuring compliance for the duration of the project and that all final BMPs are placed correctly for long term

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City of Indio Federal Project No. ATPL-5275 (035) | City Project No. SW1801 reliability and low maintenance by the City.

Maintain Photos and Video Records of Progress (10)
Prior to the first working day, the job site is photographed to document pre -construction conditions of existing facilities and utilities that can be damaged during the construction process. Attention is paid to potential work impacts to the local businesses and the traveling public during the construction. Our inspectors photograph the work daily to show progress and completion of construction related activities. We provide hi-resolution photographs whenever requested by the City for presentations, handouts, or public documents. The Anser team employs licensed drone pilots who can provide aerial photographs (where allowed by law) .

This is an added benefit to any project to quickly see progress weekly or monthly.

Anser also can provide 360 image captures via OpenSpace. OpenSpace captures 360 -degree images which are then stitched to create a virtual walk (think google maps for the project). The pictures are geotagged allowing users to locate exact locations on the plans via the site plan and giving you split screen images of current day activities and any other past day activities in the same exact area. This tool has been proven invaluable in pre-construction services, in claims avoidance or dispute resolution, and serving as a historical record, which provides information for as-built designs in the future if needed. Anser currently utilizes this software for multiple clients such as RCTD’s Avenue 66 Grade Separation Project and SANDAG’s Meade & Landis Bike path project.

Field Inspection (4,6,7,8,12,13,14,15)
Anser offers professional and qualified inspectors with extensive experience with Greenbook and Caltrans standards. These individuals will provide daily on-site observation and inspection of required materials, equipment, and methods of construction and assure that the project remains in compliance with all contract documents, permits, and regulation s. Our inspectors are also cross-trained and versed in compliance as it relates to ADA, traffic control, SWPPP, and AQMD PM10 inspections. Our daily inspection reports discuss conversations, labor, equipment, and work completed during the shift as well as adherence to the compliance aspects of the contract backed up with photographs.

Our work plan is to eliminate surprises to the City by being proactive in working with the contractor to identify and resolve deficiencies or problems as quickly as possible at the field level, which includes review of construction staking; however, we understand that our inspectors cannot deviate from the contract plans, specifications, and dictated means and methods. Our inspectors will participate in the weekly meetings and will utilize the three-week look-ahead-schedule to properly advance the construction effort by looking ahead, and by assisting the contractor in resolving issues before they become problems. All work will be inspected for conformance with contract plans, specifications, and current specified standards. Required field changes wil l be documented and incorporated into the Bluebeam As-Built set as described in the Construction Management section. Inspection documentation, processes, materials testing, and quality assurance will all be in accordance with projects, QMP, SIQMP, and any other quality standard.

Daily Diaries (5,9,11)
One of the more critical pieces of documentation on a construction project are the daily diaries. Daily field diaries will be made every day for every member of our staff that is in the field. These records become contemporary accounts of the project progress, documenting the contractor’s staff, equipment, work accomplished, and any potential issues that are encountered.

When the contractor encounters difficulties in completing an item of work, the daily diary will provide the record of what was done, by whom, and what actual costs were expended to complete the work. Project activities will be photographed daily, labeled, and included with each daily diary. The daily diaries will be checked for completeness by our Resident Engineer, Luc as Rathe, and initialed to show his review. Daily diaries shall include job stamp, date, weather, items of work performed by bid number or CCO/T&M, hours of work performed, measurement of items installed, workers first and last names, workers classifications, equipment makes and models with numbers, subcontractor person nel, conversations, conflicts and resolutions, and non - compliance.

Materials Testing and Quality Assurance Program
As Anser’s subconsultant, Leighton Consulting, Inc. (Leighton) will perform materials testing services during construction.

Leighton’s field personnel will be mobilized from their local Palm Desert office. They have labs in both Temecula and Irvine which are both ASTM and Caltrans approved, which will serve as the Independent Quality Assurance as required in the City’s Quality Assurance Plan (QAP) dated August 2020. To achieve material compliance both the Resident Engineer and Leighton will follow the four-step process below.

1. Material Test Request and Log: The material testing begins with the RE or designee sending a material test request to Leighton at least 24 hours in advance. The testing frequency by the RE will be in accordance with the City’s QAP. This will ensure Leighton sends the appropriate certified tech to site and is prepared to test to the parameters given by the RE. The RE will log the request in a materials test log for chain of custody tracking for the testing and results.

2. Field Testing: Leighton’s certified field technicians will be dispatched to this site, safety trained in accordance with both project-specific requirements and Leighton’s requirements. Conventional and customary personal protection for such construction sites, including a hard hat, reflective vest and eye protection will be provided to all field personnel. Field

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SCOPE OF WORK

City of Indio Federal Project No. ATPL-5275 (035) | City Project No. SW1801 density tests will be performed in accordance with the test methods described in the City’s QAP. Documentation of all tester certifications will be kept on the project site.

3. Laboratory Testing: Laboratory testing program will follow project requirements and applicable state and county standards. Leighton will perform geotechnical laboratory testing of representative on -site and imported soils, and aggregate base materials to determine the laboratory maximum dry density and optimum moisture content (“compaction curves”), and corresponding grain size distribution to match these earth materials with the appropriate compaction curve.

Additional geotechnical laboratory testing including aggregate testing such as Sand Equivalent (SE), corrosivity and/or R - value testing, will be performed as necessary in accordance with project requirements to check import material quality.

Structural concrete will be checked for slump, compressive strength, aggregate gradation, cleanness, and sand equivalent.

4. Office Review and Support: Laboratory test results and field daily reports will be reviewed and compared to project plans and specifications for compliance. If test results comply with project plans and specifications, then they will be distributed as previously established at the pre-construction meeting(s) and placed in an electronic project folder for easy access. If not, then the Resident Engineer and/or field representative will be notified immediately of any non-compliance. The RE will keep a record of any non-compliance until appropriate mitigation and/or corrective measures are taken/implemented.

Material and Fabrication Acceptance Testing (Off-Site)
Anser understands that Caltrans requires local agencies that administer their own projects to provide source inspection services. Based on the provided project plans, there are no items of work that require off site inspection. If the City requires a Change Order to add source inspected items (such as street lights, traffic controllers, and anchor bolts) a Source Inspection Quality Management Plan (SIQMP) will be prepared by Leighton that meets the CFR Title 23, City of Indio QAP and Caltrans LAPM. The SIQMP plan will outline the procedures and test methods to ensure materials fabricated off site meet contract requirements prior to shipment to the project. The SIQMP will be written in accordance with Source Inspection Guidelines for Local Agency’s (SIGLA manual) and approved by the Caltrans METS Oversight prior starting this type of work . Leighton will coordinate this effort and communicate inspected and released items to the Resident Engineer for final inspection upon receipt at the project.

Surveying
Survey control is the responsibility of the Contractor. Anser shall verify construction staking prior to concrete pours.

Public Outreach
As we discussed previously, public outreach and being a good neighbor are top priorities of our team. We enjoy being transparent to the public about their project and sharing the positive information with project progress. Th is is an exciting project for the City of Indio and the community should take pride in the project’s success. The project team will assist the City in providing important information for the public through public meetings, fliers, door hangers, soci al media, CMS signs and any other necessary media (both in English and Spanish). Any concerns from Property Owners and/or Residents will be brought to the Resident Engineer’s attention for action. Lucas will notify the City of any concerns and the recommendation.

In addition to a project phone line, the project team will be responsible for management and updates of the City’s project website “www.herberthooverproject.com” and will complement the information on the website via Facebook and Twitter updates working with the City’s Public Information Officer . These updates will notify Businesses and Residents of important closures, construction noises, or other impacts due to the construction. The website will be updated regularly (weekly at a minimum, and at a greater frequency if required ) to include progress , latest traffic control, three week look ahead, 24/7 hot line number and project email address.

The Resident Engineer and the rest of the project team will be available by phone 24 hours a day, 7 days a week for emergency use. An Emergency Communication Plan will be developed at the beginning of the project to handle these protocols. This plan will be communicated with the local police and fire departments so that they are well informed of the progress of the project along with the impacts that could interfere with their duties.

Environmental Compliance
ECORP will pro vide nesting bird surveys as required by the project En vironmental Commit ment Report (ECR).

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EXHIBIT B

CONSIDERATION

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EXHIBIT C
EXHIBIT 10-O2 - "CONSULTANT CONTRACT DBE INFORMATION"

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City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Ordinance No. 1778 Adding Chapter 51A (Mandatory Organic Waste Disposal Reduction) to Title V of the Indio Municipal Code, and Making a Determination that the Ordinance is Exempt from CEQA review pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308

RECOMMENDATION:

Waive full reading of Ordinance No. 1778, an Ordinance of the City Adding Chapter 51A regarding Mandatory Organic Waste Disposal Reduction to the Indio Municipal Code, introduce the ordinance by title only request the City Clerk read the title.

SUMMARY:

Senate Bill 1383 sets targets to reduce organic waste disposal in landfills, and is the most significant waste reduction mandate in California in the last 30 years. The prescriptive regulations require jurisdictions to adopt an enforcement ordinance to ens ure generators of organic waste and edible food and haulers are in compliance with SB 1383, among other requirements. Cities may take an educational and non-punitive approach to enforcement through 2023.

BACKGROUND INFORMATION:

Senate Bill 1383 (SB 1383) was signed into law in September 2016. In an effort to address climate change, and specifically short -lived climate pollutants, SB 1383 sets targets for reducing organic waste disposal in landfills and to reduce disposal of edible food. California Department of Resources Recycling and Recovery (CalRecycle) found 20 percent of the State’s methane emissions to come from landfills and for organics such as food scraps, yard trimmings, paper and cardboard to make up half of what California disposes of in landfills.

SB 1383 establishes a statewide target to reduce organic waste disposal by 50% by 2020 and 75% by 2025, and a statewide target to redirect at least 20% of edible food that is currently disposed to people in need. To meet these targets CalRecycle de veloped prescriptive regulations (SB 1383 Regulations) requiring local jurisdictions to adopt a mandatory and enforceable organics waste recycling Ordinance by January 1, 2022. These regulations were set to be established at the same time the COVID -19 pandemic shut down much of the state. In some cities, the regulations have caused substantial increases in waste rates for organics generators such as restaurants and residents. Restaurants and residents were hit especially hard by COVID-19, so many cities, including Indio, were delayed in rolling out SB 1383. Per the SB 1383 Regulations local jurisdictions are required to:

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• Conduct outreach and education to all affected parties, including generators, haulers, facilities, and edible food recovery organizations;
• Procure recycled organic waste products like compost, mulch, and renewable natural gas; and, • Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements;
Monitor compliance and conduct enforcement of the City’s Ordinance.

The waste organic for services collection for requirements addresses specifically Ordinance generators, commercial edible food generators, food recovery organizations, haulers, self -haulers, procurement of recovered organic waste projects, inspections an d investigations, enforcement, and model water efficient landscape ordinance compliance.

CalRecycle’s regulations went into effect on January 1, 2022. SB 1383 allows cities to take an educational and non-punitive approach to enforcement for the first tw o years of the City’s Ordinance being in effect (2022 and 2023).

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

There is no fiscal impact to the City due to adopting the proposed Ordinance.

ATTACHMENTS:

Attachment 1 - SB 1383 Ordinance

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 28 Apr 2022 Roxanne Diaz, City Attorney Approved - 28 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

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ORDINANCE NO. 1778

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ORDINANCE NO. 1778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADDING CHAPTER 51A (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION)

TO TITLE V OF THE INDIO MUNICIPAL CODE, AND MAKING A DETERMINATION

THAT THE ORDINANCE IS EXEMPT FROM REVIEW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) AND 15308

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS.

A. The City of Indio, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California.

B. Assembly Bill (“AB”) 939 of 1989, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000, et seq., as amended, supplemented, superseded and replaced from time to time and as implemented by regulations of the California Department of Resources, Recycling and Recovery (“CalRecycle”)), requires the City to reduce, reuse, and recycle (including composting), solid waste generated in the City to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

C. AB 341 of 2011 places requirements on businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program.

D. AB 1826 of 2014 requires businesses, including multi-family property owners with five or more dwelling units, that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, and requires the City to implement a mandatory commercial organics recycling program for designated businesses and multi-family property owners.

E. AB 827 of 2019, with respect to certain businesses that offer products for immediate consumption, imposes requirements for on-site recycling and organic waste containers, including that these containers be placed adjacent to trash containers, be visible, easily accessible, and clearly marked. AB 827 further provides that certain businesses that arrange for gardening or landscaping services shall require the contract or work agreement between the business and the gardening or landscaping service require that the organic waste generated by those services be managed in compliance with Chapter 12.8 of Part 3 of Division 30 of the California Public Resources Code.

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F. Senate Bill (“SB”) 1383 of 2016, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. These regulations, adopted in 2020 (“SB 1383 Regulations”), place requirements on multiple entities including the City; single-family residential households; commercial businesses, including multi-family property owners with five or more dwelling units; commercial edible food generators; haulers, including self-haulers; food recovery organizations; and food recovery services to support achievement of statewide organic waste disposal reduction targets.

G. The SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations.

H. This Ordinance implements the requirements of the SB 1383 Regulations.

SECTION 2. AMENDMENT.

Title V (Public Works) of the Indio Municipal Code is hereby amended to add Chapter 51A (Mandatory Organic Waste Disposal Reduction) to read as follows:
“CHAPTER 51A – MANDATORY ORGANIC WASTE DISPOSAL REDUCTION 51A.01 Definitions
For the purposes of this Chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms not defined in this section and defined elsewhere in this Code shall have the same meanings herein unless the context otherwise requires. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number. In the event of a conflict between a definition in this Code and a definition in 14 CCR Section 18982, the definitions in Section 18982 shall control for the purposes of this Chapter.

Additionally, for the purposes of this Chapter, the definitions in 14 CCR Section 18982 shall control for terms used in this Chapter and not defined in this Code. Unless otherwise specified herein, references to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used only for the purpose of storage and collection of Source Separated Recyclable Materials. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Recyclable Materials and that do not comply with the color requirements of 14 CCR Section 18982(a)(5) shall be deemed to be Blue Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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“CalRecycle” means the California Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on the City (and others). “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of the CCR). “City” means the City of Indio.
“City Manager” means the City Manager of the City or his/her designee. “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling; or, as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) dwelling units is not a Commercial Business for purposes of implementing this Chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
“Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined in 14 CCR Section 18982(a)(8).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4). “Compostable Plastics” means plastic materials that meet the ASTM D6400 standard for compostability; or, as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants; or, as otherwise defined in 14 CCR Section 18982(a)(55).
“County” means the County of Riverside.
“C&D” means construction and demolition debris removed from a premise during the construction or demolition of a structure.
“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2;

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or, as otherwise defined in 14 CCR Section 18982(a)(15). A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Edible Food” means food intended for human consumption; or, as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the State Retail Food Code.
“Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies; or, as otherwise defined in 14 CCR Section 18982(a)(19). “Enforcement Official” means the City Manager or the Designee who is/are partially or wholly responsible for enforcing this Chapter. The Enforcement Official includes the Regional or County Agency Enforcement Official.
“Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City’s Enforcement Official’sor its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the State Public Resources Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores; or, as otherwise defined in 14 CCR Section 18982(a)(22).
“Food Facility” has the same meaning as in Section 113789 of the State Health and Safety Code.
“Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed; or, as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization,” unless otherwise defined in 14 CCR Section 18982(a)(25), means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

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(1) A food bank as defined in Section 113783 of the State Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the State Health and Safety code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the State Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or, as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
“Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
“Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations; or, as otherwise defined in 14 CCR Section 18982(a)(27).
“Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. “Generator” means a person or entity that is responsible for the initial creation of Solid Waste, and with respect to Organic Waste, means a person or entity that is responsible for the initial creation of Organic Waste; or, as otherwise defined in 14 CCR Section 18982(a)(48).
“Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used only for the purpose of storage and collection of Gray Container Waste.

Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Gray Container Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(28) shall be deemed to be Gray Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.

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“Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of the City’s three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b); or, as otherwise defined in 14 CCR Section 17402(a)(6.5).

Notwithstanding the preceding sentence, Gray Container Waste includes carpets and textiles.
“Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used only for the purpose of storage and collection of Source Separated Green Container Organic Waste. Notwithstanding the foregoing, functional containers purchased prior to January 1, 2022 that are used for the storage and collection of Source Separated Green Container Organic Waste and that do not comply with the color requirements of 14 CCR Section 18982(a)(29) shall be deemed to be Green Containers and are not required to be replaced until the end of the useful life of those containers or January 1, 2036, whichever is earlier.
“Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments; or, as otherwise defined in 14 CCR Section 18982(a)(30).
“High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). “Inspection” means a site visit where the City or its Designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter; or, as otherwise defined in 14 CCR Section 18982(a)(35). “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event; or, as otherwise defined in 14 CCR Section 18982(a)(38).
“Large Venue,” unless otherwise defined in 14 CCR Section 18982(a)(39), means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated

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stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
“Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of the City’s regulations related to Solid Waste; or, as otherwise defined in 14 CCR Section 18982(a)(40). “Multi-Family Residential Dwelling(s)” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance, 23 CCR, Division 2, Chapter 2.7.
“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process; or, as otherwise defined in 14 CCR Section 18982(a)(41).
“Notice of Violation” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties; or, as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Waste containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges; or, as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or, as otherwise defined in 14 CCR Section 18982(a)(51). “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or, as otherwise defined in 14 CCR Section 18982(a)(54). “Prohibited Container Contaminants,” unless otherwise defined in 14 CCR Section 18982(a)(55), means the following:

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(1) discarded materials placed in the Blue Container that are not identified by the City as acceptable Source Separated Recyclable Materials for the Blue Container;
(2) discarded materials placed in the Green Container that are not identified by the City as acceptable Source Separated Green Container Organic Waste for the Green Container, including carpet, hazardous wood waste and Non- Compostable Paper;
(3) discarded materials placed in the Gray Container that are identified by the City as acceptable Source Separated Recyclable Materials to be placed in the Blue Container or Source Separated Green Container Organic Waste to be placed in the City’s Green Container; and,
(4) Excluded Waste placed in any container.
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b); or, as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means Paper Products and Printing and Writing Papers that consist of at least 30 percent, by fiber weight, postconsumer fiber; or, as otherwise defined in 14 CCR Section 18982(a)(61).
“Regional or County Agency Enforcement Official” means a regional agency or county agency enforcement official, which the City may designate with responsibility for enforcing this Chapter in conjunction or consultation with the City’s Enforcement Official. “Remote Monitoring” means the use, at the discretion of the City, of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption; or, as otherwise defined in 14 CCR Section 18982(a)(64).
“SB 1383” means Senate Bill 1383 of 2016 approved by the Governor of the State on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the State Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the State Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants.
“SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR.

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“Self-Hauler” means a person or entity, who, in compliance with all applicable requirements of this Code, hauls Solid Waste, Organic Waste or recyclable materials he or she has generated to another person or entity; or, as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a person or entity who Back-Hauls waste. Back-Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment; or, as otherwise defined in 14 CCR Section 18982(a)(66)(A). “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” unless otherwise defined in State Public Resources Code Section 40191, means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141;
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code); and,
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
“Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace; or, as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials, at the point of generation, by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing of those materials.

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“Source Separated Blue Container Organic Waste” means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the collection of that Organic Waste and Non-Organic Recyclables. Source Separated Blue Container Organic Waste includes Paper Products and Printing and Writing Papers unless otherwise specified by the City, but excludes Source Separated Green Container Organic Waste.
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container, including Food Waste, that is limited to the collection of that Organic Waste; or as otherwise specified in 14 CCR 18984.1 (a) and (b), but excludes Source Separated Blue Container Organic Waste, carpets, Non- Compostable Paper, and textiles.
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. “Source Separated Non-Organic Recyclables” means non-putrescible and non- hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics and glass; or, as otherwise defined in 14 CCR Section 18982(a)(43) that can be placed in a Blue Container, that is limited to the collection of those recyclable wastes and Source Separated Blue Container Organic Waste.
“State” means the State of California.
“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items; or, as otherwise defined in 14 CCR Section 18982(a)(71).
“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(73):
(1) Supermarket;
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet;
(3) Food Service Provider;
(4) Food Distributor; or,
(5) Wholesale Food Vendor.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following; or, as otherwise defined in 14 CCR Section 18982(a)(74):

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(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet;
(2) Hotel with an on-site Food Facility and 200 or more rooms; (3) Health facility with an on-site Food Facility and 100 or more beds; (4) Large Venue;
(5) Large Event;
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or (7) A Local Education Agency facility with an on-site Food Facility. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination; or, as otherwise defined in 14 CCR Section 189852(a)(76). 51A.02. Compliance Generally
Generators, haulers and other entities that are subject to the requirements of SB 1383 and the SB 1383 Regulations and the City’s authority shall fully comply with all applicable requirements of SB 1383, the SB 1383 Regulations, this Chapter, and the provisions of any franchise agreement between the City and a franchised hauler in effect. In the event of a conflict between the provisions of this Chapter and other provisions of this Code, the provisions of this Chapter shall control. In the event of a conflict between the provisions of the SB 1383 Regulations and the provisions of this Chapter, the SB 1383 Regulations shall control.
51A.03 Requirements for Single-Family Organic Waste Generators Single-Family Organic Waste Generators shall comply with the following requirements:
(A) Subscribe to the City’s three-container Organic Waste collection service(s) for all Organic Waste generated as described in subsection 51A.03(B). The City shall have the right to review the number and size of a Generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Single-Family Generators shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). Generators may additionally meet the Self-Hauler requirements of Section 51A.09 of this Code.

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(B) Participate in the City’s Organic Waste collection service by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in collection containers. Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container.

Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Generators may additionally meet the Self- Hauler requirements of Section 51A.09 of this Code.
51A.04 Requirements for Commercial Organic Waste Generators and Commercial Businesses
Commercial Organic Waste Generators and Commercial Businesses shall comply with the following requirements:
(A) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall subscribe to the City’s three-container Organic Waste collection service and comply with requirements of that service as described below in subsection 51A.04(B). The City shall have the right to review the number and size of a Generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and Commercial Businesses shall adjust their service level for their collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). Generators may additionally meet the Self-Hauler requirements of Section 51A.09 of this Chapter. (B) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall participate in the City’s Organic Waste collection service by placing designated materials in designated containers as described in this paragraph, and not placing Prohibited Container Contaminants in containers.

Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials (which includes Source Separated Non-Organic Recyclables and Source Separated Blue Container Waste) in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. Generators may additionally meet the Self-Hauler requirements of Section 51A.09 of this Chapter. (C) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers. Such containers shall be visible and easily accessible. Such containers do not need to

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be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the Organic Waste collection service provided by the City. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container; or as otherwise provided in 14 CCR Section 18984.8. (D) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, shall supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming to subsection 51A.04(C)(1) and (C)(2) above) for employees, contractors, tenants, and customers, consistent with the City’s collection service and Article 3 of Chapter 12 of Division 7 of Title 14 of the CCR.
(E) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service pursuant to 14 CCR Section 18984.1(a)(5). (F) Commercial Organic Waste Generators, except for Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(G) Commercial Businesses, including Multi-Family Residential Dwellings, shall annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(H) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide information as described in (g) in this Section before or within fourteen (14) days of occupation of the premises to new tenants.

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(I) Commercial Businesses, including Multi-Family Residential Dwellings, shall provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with Section 51A.12 to confirm compliance with the requirements of this Section.
(J) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements of Section 51A.09 of this Chapter.
(K) Commercial Organic Waste Generators, including Multi-Family Residential Dwellings, if generating two (2) cubic yards or more of total Solid Waste per week (or other threshold defined by the State), shall require that any contract or work agreement between the owner, occupant, or operator of the Commercial Business and a gardening or landscaping service specify that the Organic Waste generated by those services be managed in compliance with Chapter 12, Part 3, Division 30 of the Public Resources Code.
(L) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 51A.06 of this Chapter.
(M) Nothing in this Section shall be construed as classifying customers as commercial, residential, single family dwellings, or multi-family dwellings, for purposes of implementing a franchise agreement between the City and a franchised hauler. 51A.05. Waivers for Generators
The City, at its discretion and in accordance with 14 CCR Section 18984.11, or as otherwise authorized by CalRecycle, may grant one or more of the following types of waivers to a Generator of Organic Waste:
(A) De Minimis Waivers. The City may waive a Commercial Business’(including Multi- Family Residential Dwellings) obligations to comply with some or all of the Organic Waste requirements of Section 51A.04 of this Chapter if the Commercial Business provides documentation, or the City has evidence demonstrating, that the commercial business generates below a certain amount of Organic Waste material as described below in subsection (a)(2). Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services for which the Commercial Business is requesting a waiver and provide documentation as noted in subsection 51A.05(A)(2) below.
(2) Provide documentation that either:
(a) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less

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than 20 gallons per week per applicable container of the business’ total waste; or,
(b) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify the City if circumstances change such that the Commercial Business’ Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has received a waiver is exceeding the Organic Waste thresholds set forth in subsection (a)(2) above, the City shall rescind the waiver.
(4) Provide written verification of eligibility for a de minimis waiver every 5 years, if the City has approved a de minimis waiver.
(B) Physical Space Waivers. The City may waive a Commercial Business’ (including Multi-Family Residential Dwellings) or property owner’s obligations to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements of Sections 51A.04 of this Chapter, as applicable, if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 51A.04 of this Chapter, as applicable.

Commercial Businesses or property owners requesting a physical space waiver shall:
(1) Submit an application form specifying the type of collection services for which the Commercial Business is requesting a waiver and provide documentation as noted below.
(2) Provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Notify the City if circumstances change such that Commercial Business has adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 51A.04, in which case the waiver will be rescinded. In addition, if the City determines at any time that a Commercial Business that has adequate space for the collection

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containers required for compliance with the Organic Waste collection requirements of Section 51A.04, the City shall rescind the waiver. (4) Provide written verification to the City that it is still eligible for a physical space waiver every five years, if the City has approved an application for a physical space waiver.
(C) The City Manager will be responsible for review and approval of waivers. 51A.06. Requirements for Commercial Edible Food Generators (A) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(B) Large Venue or Large Event operators, not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(C) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(a) the collection of Edible Food for Food Recovery; or, (b) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records kept pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(a) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

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(b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(c) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self- hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(D) If the Enforcement Official makes a request, then within 30 days of the request, Tier One Commercial Edible Foods Generators and Tier Two Commercial Edible Food Generators shall provide a Food Recovery report to the City that includes the following information:
(1) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(2) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(3) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(4) Any additional information required by the City or the City’s Designee.
(E) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the State Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State on September 25, 2017, which added Article 13 (commencing with Section 49580) to Chapter 9 of Part 27 of Division 4 of Title 2 of the State Education Code, and amended Section 114079 of the State Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time.)

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51A.07. Requirements for Food Recovery Organizations and Services (A) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(B) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (C) If the Enforcement Official makes a request, then within 30 days of the request, Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
(D) Food Recovery Organizations and Food Recovery Services shall inform Generators about State and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).

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(E) Food Recovery Capacity Planning--Food Recovery Services and Food Recovery Organizations.

In order to support the City’s cooperation with the County in its conduct of Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
51A.08. Requirements for Haulers, Facility Operators and Community Composting Operations
(A) Requirements for Haulers. Haulers providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City’s boundaries shall meet the requirements and standards of 14 CCR, Division 7, Chapter 12 and the following requirements as conditions of approval of contract, agreement, or other authorization to collect Organic Waste:
(1) Through written notice to the City, identify the facilities to which they will transport Organic Waste.
(2) Comply with the applicable requirements of 14 CCR, Division 7, Chapter 12, Article 3.
(3) Transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(4) Obtain applicable approval of the City pursuant to 14 CCR Section 18988.1 and keep a record of the documentation of its approval by the City. (B) Subsection 51A.08(A) is not applicable to a hauler that consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the State Public Resources Code, is transporting Source Separated Organic Waste to a Community Composting site or to a hauler that is lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and applicable requirements of this Code.
(C) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities,

AGENDA ITEM #9.6
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and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
(2) Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days, unless a shorter timeframe is otherwise specified by the City.
51A.09. Self-Hauler Requirements
In addition to any other requirements for Self-Haulers as contained in this Code:
(A) Self-Haulers of Organic Waste shall comply with the requirements in 14 CCR Section 18988.3.
(B) Self-Haulers shall Source Separate all recyclable materials and Organic Waste (materials that the City otherwise requires Organic Waste Generators to separate for collection in the City’s organics and recycling collection program) generated on- site from Solid Waste in a manner consistent with 14 CCR Section 18984.1, or shall haul, on an at least weekly basis, Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (C) Self-Haulers shall haul, on an at least weekly basis, their Source Separated Recyclable Materials to a facility that recovers those materials; and haul, on an at least weekly basis, their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul, on an at least weekly basis, Organic Waste to a High Diversion Organic Waste Processing Facility. (D) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste and provide such records to the City in accordance with subsection 51A.09(E). The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity.

AGENDA ITEM #9.6
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(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. Such record shall include a receipt or similar documentation created by the receiving entity stating the date of delivery and confirming acceptance of the Organic Waste by the receiving entity.
(E) Self-Haulers that are Commercial Businesses shall provide the records required in subsection 51A.09(D) to the City on a quarterly basis in four reports on the following schedule, commencing with the report due on July 31, 2022:

Period when Material Self-Hauled Report Due
January 1 - March 31 April 30
April 1 – June 30 July 31
July 1 – September 30 October 31
October 1 - December 31 January 31
(F) A Single-Family Organic Waste Generator that self-hauls Organic Waste is not required to record or report information pursuant to subsection 51A.09(D) or (E). 51A.10. Model Water Efficient Landscaping Ordinance Requirements Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch, as amended September 15, 2015.
51A.11 Procurement Requirements for Direct Service Providers and Vendors All vendors providing Paper Products and Printing and Writing Papers and all Direct service providers to the City shall comply with the City’s policy regarding recovered Organic Waste product procurement, including Recycled-Content Paper procurement.

AGENDA ITEM #9.6
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51A.12 Inspections and Investigations by the City
(A) City representatives and/or its Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi- Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City, its Designees or agents to enter the interior of a private residential property for inspection. For the purposes of inspecting Commercial Business containers for compliance with this Chapter, the City may conduct container Inspections, including using Remote Monitoring, for Prohibited Container Contaminants. (B) A regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City or Designee, during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for:
(1) access to an entity’s premises;
(2) installation and operation of Remote Monitoring equipment; or, (3) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described herein. (C) Any records obtained by the City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in State Government Code. (D) The City’s, its Designees and agents are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(E) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints in accordance with by 14 CCR Section 18995.3. 51A.13 Enforcement
(A) Violation of any provision of this Chapter that occurs on or after January 1, 2024 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the Enforcement Official in accordance with 14 CCR Section 18995.4.

AGENDA ITEM #9.6
Ordinance No. 1778, adding Chapter 51A (Mandatory Organic Waste Disposal... Page 314 of 447 -23-
(1) Issuance of an administrative citation and assessment of a fine are Enforcement Actions under this Chapter. The City’s procedures on imposition of administrative fines set forth in Title 1, Chapter 11 of this Code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Section.
(2) A Notice of Violation shall require compliance within 60 days of issuance of the notice, in accordance with 14 CCR Section 18995.4.
(3) Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The City may pursue civil actions in the State courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

The provisions of subsection 51A.13(A) do not apply to violations related to a Generator placing Prohibited Container Contaminants in containers, which the Enforcement Official and/or Designee shall enforce through the notice provisions of 14 CCR Section 18984.5(b) and the contamination processing fees pursuant to the provisions of the applicable franchise agreement between the City and a franchised hauler.
(B) Enforcement pursuant to this Section may be undertaken by the Enforcement Official.
(C) Penalty Amounts for Types of Violations
For the purposes of this Code, the penalty levels for violations of the provisions of this Chapter are as follows:
(1) For a first violation, the penalty shall be $100 per violation. (2) For a second violation, the penalty shall be $200 per violation. (3) For a third or subsequent violation, the penalty shall be $500 per violation.
(D) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

AGENDA ITEM #9.6
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(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.” SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Indio hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 5. PUBLICATION. 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.

PASSED, APPROVED AND ADOPTED this 4th day of May, 2022. ________________________________

WAYMOND FERMON, MAYOR

AGENDA ITEM #9.6
Ordinance No. 1778, adding Chapter 51A (Mandatory Organic Waste Disposal... Page 316 of 447 -25-
ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:
________________________________

ROXANNE DIAZ, CITY ATTORNEY

AGENDA ITEM #9.6
Ordinance No. 1778, adding Chapter 51A (Mandatory Organic Waste Disposal... Page 317 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment No. 2 extending the term to the existing As-Needed Professional Services Agreement with T.Y. Lin, International, Inc., not to exceed $350,000, for consulting services for the Southbound Indio Boulevard Bridge Retrofit over Union Pacific Railroad, City Project No. BR0302 and Amendment No. 4 to Task Order No. 2 for City Project No. BR0302.

RECOMMENDATION:

Approve Amendment No. 2 extending the term to the existing As -Needed Professional Services Agreement with T.Y. Lin, International, Inc. and a pprove Amendment No. 4 to Task Order No. 2 extending the term for the Southbound Indio Boulevard Bridge Retrofit over Union Pacific Railroad, City Project No. BR0302.

SUMMARY:

On October 21, 2015, the City Council approved an As -Needed on call Professional Services Agreement (PSA) with T.Y. Lin International, Inc. (TYLI) for a period of 5 years. The contract termination date was extended by Amendment No. 1 on September 16, 2020. TYLI is currently providing litigation support for the Southbound Indio Boulevard Bridge Retrofit over Union Pacific Railroad matter. Staff requests the Professional Services Agreement be extended to December 31, 2023.

BACKGROUND INFORMATION:

Construction for the Southbound Indio Boulevard Bridge Retrofit over Union Pacific Railroad Project (Project No. BR032) has been completed. However, the City and the Contractor for the Project have not settled outstanding construction claims. Staff requests that t he contract termination date to Amendment No. 4 to Task Order No. 2 be extended to December 31, 2023, with the ability for the City to further extend the contract termination date, if necessary. This is in addition to the extension for the primary as -needed on call services agreement. This will enable the City and TYLI to complete arbitration with the Contractor and come to terms on closing out the construction project. TYLI provided project and construction management, inspection and federal compliance review for this project. They are the most qualified to assist the City in addressing the Contractor’s claims.

In addition to the time extension, T.Y. Lin International, Inc. has updated their rate sheet to include the 2022 and 2023 calendar year rates, which will be used for work during those contract years.

FINANCIAL SUMMARY:

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 318 of 447 Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$350,000 Strategic Objective:

Source of funds: Transportation funds (SB1) Fund-Org-Object Reference:
234

Additional Financial Details:

The amendment to the Base Contract and for Task Order No. 2 does not increase the amount previously authorized under Task Order No. 2. Under prior City Council approval, up to $350,000 will be spent through the requested agreement-extension period.

ATTACHMENTS:

Attachment 1 - Amendment No. 2 - T.Y. Lin International, Inc.

Attachment 2 - Amendment No. 4 to Task Order No. 2

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 28 Apr 2022 Roxanne Diaz, City Attorney Approved - 28 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 319 of 447 ATTACHMENT 1
AMENDMENT NO. 2 TO THE AS-NEEDED PROFESSIONAL
SERVICES AGREEMENT WITH T.Y. LIN INTERNATIONAL, INC.

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 320 of 447 AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF INDIO AND T.Y. LIN

INTERNATIONAL FOR AS NEEDED PROFESSIONAL SERVICES
FOR PROJECTS FUNDED BY STATE AND FEDERAL AID.

This Amendment No. 2 ("Amendment No. 2") is entered into on this 4 th day of May, 2022 between the City of Indio, a California municipal corporation ("City"), and T.Y. Lin International ("Consultant").

RECITALS
A. Consultant is currently under contract to provide the City with professional services, including construction management, inspection, material testing, and surveying for street and bridge construction pursuant to a Professional Services Agreement entered into by the parties dated October 21, 2015 and as amended by Amendment No. 1 on September 16, 2020 (“Agreement”).

B. City desires to amend the Agreement to: (1) extend the date of completion.

C. Consultant is qualified and agrees to provide all the work pursuant to the terms of this Amendment No. 2 to the Agreement and City agrees to the amendments contained herein.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Article 1. Section 2 of the Agreement shall be amended to extend the completion date until December 31, 2023.

Article 2. Section 4 of the Agreement shall be amended to provide for new hourly rates for work performed during years 2022 and 2023 as specified in Consultant’s Cost Proposal dated April 7, 2022, attached hereto in Exhibit A (“Consideration”).

Article 3. Except as specifically amended by this Amendment No. 2, the Agreement shall remain in full force and effect.
(SIGNATURES ON FOLLOWING PAGE)

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 321 of 447 2 In witness whereof the parties have executed this Amendment No. 2 under the provisions of the Agreement on the date set forth above.

CITY OF INDIO
A Municipal Corporation
ATTEST:

BRYAN H. MONTGOMERY
City Manager

CYNTHIA HERNANDEZ
City Clerk
APPROVED AS TO FORM:

ROXANNE M. DIAZ
City Attorney

CONSULTANT
T.Y. LIN INTERNATIONAL
F.R. CLARK FERNON, PE
Vice President

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 322 of 447

EXHIBIT A

CONSIDERATION

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 323 of 447 Contract # ST1504-1
Date: 06/25/15
Revised Date: 04/07/2022

DESCRIPTION OF ITEMS UNIT DESCRIPTION OF ITEMS UNIT COST DESCRIPTION OF ITEMS UNIT COST Printing and Reproductions Printing and Reproductions Printing and Reproductions A. Copies (Color, Black & White) - Outside
Vendor EA footnote #2 A. Copies (Color, Black & White) - Outside Vendor N/A N/A A. Copies (Color, Black & White) - Outside Vendor N/A N/A
B. Shipping/Delivery (Fed Ex, USPS, Courier) EA foot note #2 B. Shipping/Delivery (Fed Ex, USPS, Courier ) N/A N/A B. Shipping/Delivery (Fed Ex, USPS, Courier ) N/A N/A C. Reports EA footnote #2 C. Reports N/A N/A C. Reports N/A N/A D. Miscellaneous EA footnote #2 D. Miscellaneous N/A N/A D. Miscellaneous N/A N/A E. Permit fees EA footnote #2 E. Permit fees N/A N/A E. Permit fees N/A N/A Travel (Project related costs only) Travel (Project related costs only) Travel (Project related costs only) A. Vehicle mile $0.57 A. Vehicle mile $0.57 A. Vehicle mile $0.57 B. Vehicle day $65 B. Vehicle day $65 B. Vehicle day $65 C. Vehicle month $1,300 C. Vehicle month $1,300 C. Vehicle month $1,300

DESCRIPTION OF ITEMS UNIT COST DESCRIPTION OF ITEMS UNIT COST DESCRIPTION OF ITEMS UNIT COST Printing and Reproductions Printing and Reproductions Printing and Reproductions A. Copies (Color, Black & White) - Outside
Vendor N/A N/A A. Copies (Color, Black & White) - Outside Vendor EA footnote #2 A. Copies (Color, Black & White) - Outside Vendor EA footnote #2
B. Shipping/Delivery (Fed Ex, USPS, Courier) N/A N/A B. Shipping/Delivery (Fed Ex, USPS, Courier) EA foot note #2 B. Shipping/Delivery (Fed Ex, USPS, Courier ) EA footnote #2 C. Reports N/A N/A C. Reports EA footnote #2 C. Reports EA footnote #2 D. Miscellaneous N/A N/A D. Miscellaneous EA footnote #2 D. Miscellaneous EA footnote #2 E. Permit fees N/A N/A E. Permit fees EA footnote #2 E. Permit fees/Material Testing EA foot note #2 Travel (Project related costs only) Travel (Project related costs only) Travel (Project related costs only) A. Vehicle mile $0.57 A. Vehicle mile $0.57 A. Vehicle mile $0.57 B. Vehicle day $65 B. Vehicle day $65 B. Vehicle day $65 C. Vehicle month $1,300 C. Vehicle month $1,300 C. Vehicle month $1,300

1. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for Consultants. No charge will be invoiced for employee relocation cost.

T.Y. Lin International DESI Heptagon

MSA RBF SCST

SCHEDULE OF OTHER DIRECT COST ITEMS

2. Pre-approved actual costs are competitive prices from appropriate vendors in their respective industries, and supported by receipts. ltems such as specialtooling, will be reimbursed at actual cost with supporting docurnentation (invoice).

AGENDA ITEM #9.7
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EXHIBIT B

COST PROPOSAL

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 325 of 447

CITY OF INDIO Contract #: ST1504-1

COST PROPOSAL
Construction Managmement and Inspection for all State and Federal Aid Street and Bridge Construction Projects Consultant: T.Y. Lin International Date:06/25/2015
Revised Date: 04/07/2022
FIELD Fringe Benefit % Overhead % General Administration % Combined % NORMAL 55.30% + 69.80% + 0.00% = 125.10%
OVERTIME 55.30% + 69.80% + 0.00% = 125.10%
OFFICE
NORMAL

55.30% + 111.81% + 0.00% = 167.11%
OVERTIME 55.30% + 111.81% + 0.00% = 167.11%
FEE%

10.00%
% Actual Hourly Rate
Escalation and/or Average Hourly Range
Straight Overtime Overtime From To Increase Hourly Rate for Class (*) subject to prevailing wage (1.5X) (2X)
Joseph Smith $252.81 N/C N/C 03/20/15 12/31/15 $102.10 N/A Project Manager $260.39 N/C N/C 01/01/16 12/31/16 3.00% $105.16 $268.21 N/C N/C 01/01/17 12/31/17 3.00% $108.32
$273.57 N/C N/C 01/01/18 12/31/18 2.00% $110.48
$279.04 N/C N/C 01/01/19 12/31/19 2.00% $112.69
$284.62 N/C N/C 01/01/20 12/31/20 2.00% $114.95
$297.30 N/C N/C 01/01/21 12/31/21 $120.07
Exempt $306.22 N/C N/C 01/01/22 12/31/22 3.00% $123.67
Field Office OH Rate $315.41 N/C N/C 01/01/23 12/31/23 3.00% $127.38 Joseph Smith $299.99 N/C N/C 03/20/15 12/31/15 $102.10 N/A Project Manager $308.99 N/C N/C 01/01/16 12/31/16 3.00% $105.16 $318.26 N/C N/C 01/01/17 12/31/17 3.00% $108.32
$324.63 N/C N/C 01/01/18 12/31/18 2.00% $110.48
$331.12 N/C N/C 01/01/19 12/31/19 2.00% $112.69
$337.74 N/C N/C 01/01/20 12/31/20 2.00% $114.95
$352.79 N/C N/C 01/01/21 12/31/21 $120.07
Exempt $363.37 N/C N/C 01/01/22 12/31/22 3.00% $123.67
Home Office OH Rate $374.28 N/C N/C 01/01/23 12/31/23 3.00% $127.38 Structures Representative $164.66 N/C N/C 03/20/15 12/31/15 $66.50 $58-$75 $169.60 N/C N/C 01/01/16 12/31/16 3.00% $68.50
$174.69 N/C N/C 01/01/17 12/31/17 3.00% $70.55
$178.18 N/C N/C 01/01/18 12/31/18 2.00% $71.96
$181.75 N/C N/C 01/01/19 12/31/19 2.00% $73.40
$185.38 N/C N/C 01/01/20 12/31/20 2.00% $74.87
$238.49 N/C N/C 01/01/21 12/31/21 $96.32
Exempt $245.64 N/C N/C 01/01/22 12/31/22 3.00% $99.21
Field Office OH Rate $253.01 N/C N/C 01/01/23 12/31/23 3.00% $102.18 Effective Date of
Hourly RateHourly Billing RatesName/Classification

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona...Page 326 of 447

CITY OF INDIO Contract #: ST1504-1

COST PROPOSAL
Construction Managmement and Inspection for all State and Federal Aid Street and Bridge Construction Projects Consultant: T.Y. Lin International Date:06/25/2015
Revised Date: 04/07/2022
FIELD Fringe Benefit % Overhead % General Administration % Combined % NORMAL 55.30% + 69.80% + 0.00% = 125.10%
OVERTIME 55.30% + 69.80% + 0.00% = 125.10%
OFFICE
NORMAL

55.30% + 111.81% + 0.00% = 167.11%
OVERTIME 55.30% + 111.81% + 0.00% = 167.11%
FEE%

10.00%
% Actual Hourly Rate
Escalation and/or Average Hourly Range
Straight Overtime Overtime From To Increase Hourly Rate for Class Effective Date of
Hourly RateHourly Billing RatesName/Classification
Structures Representative $195.39 N/C N/C 03/20/15 12/31/15 $66.50 $58-$75 $201.25 N/C N/C 01/01/16 12/31/16 3.00% $68.50
$207.29 N/C N/C 01/01/17 12/31/17 3.00% $70.55
$211.44 N/C N/C 01/01/18 12/31/18 2.00% $71.96
$215.66 N/C N/C 01/01/19 12/31/19 2.00% $73.40
$219.98 N/C N/C 01/01/20 12/31/20 2.00% $74.87
$283.00 N/C N/C 01/01/21 12/31/21 $96.32
Exempt $291.49 N/C N/C 01/01/22 12/31/22 3.00% $99.21
Home Office OH Rate $300.23 N/C N/C 01/01/23 12/31/23 3.00% $102.18 Assistant Structure Representative* $126.28 $189.42 $252.56 03/20/15 12/31/15 $51.00 $47-$55 $130.07 $195.11 $260.14 01/01/16 12/31/16 3.00% $52.53
$133.97 $200.96 $267.94 01/01/17 12/31/17 3.00% $54.11
$136.65 $204.98 $273.30 01/01/18 12/31/18 2.00% $55.19
$139.38 $209.07 $278.76 01/01/19 12/31/19 2.00% $56.29
$142.17 $213.26 $284.34 01/01/20 12/31/20 2.00% $57.42
$146.44 $219.66 $292.88 01/01/21 12/31/21 3.00% $59.14
Non-Exempt $150.83 $226.25 $301.66 01/01/22 12/31/22 3.00% $60.91 Field Office OH Rate $155.35 $233.03 $310.70 01/01/23 12/31/23 3.00% $62.74 Assistant Structure Representative* $149.85 $224.78 $299.70 03/20/15 12/31/15 $51.00 $47-$55 $154.34 $231.51 $308.68 01/01/16 12/31/16 3.00% $52.53
$158.97 $238.46 $317.94 01/01/17 12/31/17 3.00% $54.11
$162.15 $243.23 $324.30 01/01/18 12/31/18 2.00% $55.19
$165.40 $248.10 $330.80 01/01/19 12/31/19 2.00% $56.29
$168.71 $253.07 $337.42 01/01/20 12/31/20 2.00% $57.42
$173.77 $260.66 $347.54 01/01/21 12/31/21 3.00% $59.14
Non-Exempt $178.98 $268.47 $357.96 01/01/22 12/31/22 3.00% $60.91 Home Office OH Rate $184.35 $276.53 $368.70 01/01/23 12/31/23 3.00% $62.74

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona...Page 327 of 447

CITY OF INDIO Contract #: ST1504-1

COST PROPOSAL
Construction Managmement and Inspection for all State and Federal Aid Street and Bridge Construction Projects Consultant: T.Y. Lin International Date:06/25/2015
Revised Date: 04/07/2022
FIELD Fringe Benefit % Overhead % General Administration % Combined % NORMAL 55.30% + 69.80% + 0.00% = 125.10%
OVERTIME 55.30% + 69.80% + 0.00% = 125.10%
OFFICE
NORMAL

55.30% + 111.81% + 0.00% = 167.11%
OVERTIME 55.30% + 111.81% + 0.00% = 167.11%
FEE%

10.00%
% Actual Hourly Rate
Escalation and/or Average Hourly Range
Straight Overtime Overtime From To Increase Hourly Rate for Class Effective Date of
Hourly RateHourly Billing RatesName/Classification
Structure Inspector* $92.85 $139.28 $185.70 03/20/15 12/31/15 $37.50 $35-$40 $95.64 $143.46 $191.28 01/01/16 12/31/16 3.00% $38.63
$98.51 $147.77 $197.02 01/01/17 12/31/17 3.00% $39.78
$100.48 $150.72 $200.96 01/01/18 12/31/18 2.00% $40.58
$102.49 $153.74 $204.98 01/01/19 12/31/19 2.00% $41.39
$104.54 $156.81 $209.08 01/01/20 12/31/20 2.00% $42.22
$107.67 $161.51 $215.34 01/01/21 12/31/21 3.00% $43.49
Non-Exempt $110.90 $166.35 $221.80 01/01/22 12/31/22 3.00% $44.79 Field Office OH Rate $114.23 $171.35 $228.46 01/01/23 12/31/23 3.00% $46.13 Structure Inspector* $110.18 $165.27 $220.36 03/20/15 12/31/15 $37.50 $35-$40 $113.49 $170.24 $226.98 01/01/16 12/31/16 3.00% $38.63
$116.89 $175.34 $233.78 01/01/17 12/31/17 3.00% $39.78
$119.23 $178.85 $238.46 01/01/18 12/31/18 2.00% $40.58
$121.62 $182.43 $243.24 01/01/19 12/31/19 2.00% $41.39
$124.05 $186.08 $248.10 01/01/20 12/31/20 2.00% $42.22
$127.77 $191.66 $255.54 01/01/21 12/31/21 3.00% $43.49
Non-Exempt $131.60 $197.40 $263.20 01/01/22 12/31/22 3.00% $44.79 Home Office OH Rate $135.55 $203.33 $271.10 01/01/23 12/31/23 3.00% $46.13 Office Engineer $87.90 $131.85 $175.80 03/20/15 12/31/15 $35.50 $33-$38 $90.54 $135.81 $181.08 01/01/16 12/31/16 3.00% $36.57
$93.25 $139.88 $186.50 01/01/17 12/31/17 3.00% $37.66
$95.12 $142.68 $190.24 01/01/18 12/31/18 2.00% $38.42
$97.02 $145.53 $194.04 01/01/19 12/31/19 2.00% $39.18
$98.96 $148.44 $197.92 01/01/20 12/31/20 2.00% $39.97
$101.93 $152.90 $203.86 01/01/21 12/31/21 3.00% $41.17
Non-Exempt $104.99 $157.49 $209.98 01/01/22 12/31/22 3.00% $42.40 Field Office OH Rate $108.14 $162.21 $216.28 01/01/23 12/31/23 3.00% $43.67

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona...Page 328 of 447

CITY OF INDIO Contract #: ST1504-1

COST PROPOSAL
Construction Managmement and Inspection for all State and Federal Aid Street and Bridge Construction Projects Consultant: T.Y. Lin International Date:06/25/2015
Revised Date: 04/07/2022
FIELD Fringe Benefit % Overhead % General Administration % Combined % NORMAL 55.30% + 69.80% + 0.00% = 125.10%
OVERTIME 55.30% + 69.80% + 0.00% = 125.10%
OFFICE
NORMAL

55.30% + 111.81% + 0.00% = 167.11%
OVERTIME 55.30% + 111.81% + 0.00% = 167.11%
FEE%

10.00%
% Actual Hourly Rate
Escalation and/or Average Hourly Range
Straight Overtime Overtime From To Increase Hourly Rate for Class Effective Date of
Hourly RateHourly Billing RatesName/Classification
Office Engineer $104.31 $156.47 $208.62 03/20/15 12/31/15 $35.50 $33-$38 $107.44 $161.16 $214.88 01/01/16 12/31/16 3.00% $36.57
$110.66 $165.99 $221.32 01/01/17 12/31/17 3.00% $37.66
$112.87 $169.31 $225.74 01/01/18 12/31/18 2.00% $38.42
$115.13 $172.70 $230.26 01/01/19 12/31/19 2.00% $39.18
$117.43 $176.15 $234.86 01/01/20 12/31/20 2.00% $39.97
$120.95 $181.43 $241.90 01/01/21 12/31/21 3.00% $41.17
Non-Exempt $124.58 $186.87 $249.16 01/01/22 12/31/22 3.00% $42.40 Home Office OH Rate $128.32 $192.48 $256.64 01/01/23 12/31/23 3.00% $43.67

1. Names and classifications of consultant (key staff) team members must be listed. Separate sheets for subconsultants.

2. Billing rate = actual hourly rate* (1+ICR)*(1+Fee). Agreed uupon billing rates are not adjustable for the term of the contract.

3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

4. N/C = No charge for overtime

5. NOTE: Denote all employees subject to prevailing wage with an asterisks (*). For Other Direct Costs listing, see page 11 of this Exhibit

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona...Page 329 of 447 ATTACHMENT 2
AMENDMENT NO. 4 TO TASK ORDER NO. 2 TO

THE AS-NEEDED PROFESSIONAL SERVICES WITH
T.Y. LIN INTERNATIONAL, INC.

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 330 of 447

AMENDMENT NO. 4 TO THE TASK ORDER NO. 2

PURSUANT TO THE AGREEMENT FOR

PROFESSIONAL SERVICES BETWEEN THE CITY OF
INDIO AND T.Y. LIN INTERNATIONAL FOR

SERVICES RELATED TO THE SOUTHBOUND INDIO

BOULEVARD OVERHEAD OVER UNION PACIFIC

RAILROAD SEIMIC RETROFIT PROJECT

This Amendment No. 4 ("Amendment No. 4") is entered into on this 4th day of May, 2022 between the City of Indio, a California municipal corporation ("City"), and T.Y. Lin International ("Consultant") to Task Order No. 2.

RECITALS

A. Consultant is currently under contract to provide the City with professional services, including construction management, inspection, material testing, and surveying for street and bridge construction pursuant to a Professional Services Agreement entered into by the parties dated October 21, 2015 as amended by Amendment No. 1 on September 16, 2020 and Amendment No. 2 on May 4, 2022 (collectively “Original Agreement”).

B. Section 4 of the Original Agreement provides that specific projects may be assigned to the Consultant through the issuance of “Task Orders” as further described herein.

C. City approved Task Order No. 2 to the Original Agreement for the Southbound Indio Boulevard Overhead, Br. No. 56C -0283, Retrofit Project, City Project No. BR0302, on November 16, 2016 and subsequently approved Amendment No. 1 on March 18, 2018 ; Amendment No. 2 on September 19, 2018 ; and Amendment No. 3 on September 16, 2020 . This Amendment No. 4 along with the original Task Order No. 2 and subsequent amendments shall c ollectively be referred to herein as “Task Order No. 2”

D. City desires to amend the Task Order No. 2 to extend the date of completion.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Article 1. Article 3 of the Task Order No. 2 shall be amended to extend the completion date until December 31, 2023.

Article 2. Except as specifically amended by this Amendment No. 4, the terms of Task Order No. 2 shall remain in full force and effect.

(SIGNATURES ON NEXT PAGE)

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 331 of 447

In witness whereof the parties have executed this Amendment No. 4 under the provisions of the Agreement on the date set forth above.

CITY OF INDIO
A Municipal Corporation

_____________________________
BRYAN H. MONTGOMERY
City Manager

ATTEST:

CYNTHIA HERNANDEZ
City Clerk

APPROVED AS TO FORM:

ROXANNE M. DIAZ
City Attorney

CONSULTANT
T.Y. LIN INTERNATIONAL

F.R. CLARK FERNON, PE
Vice President

AGENDA ITEM #9.7
Amendment No. 2 extending the term to the existing As-Needed Professiona... Page 332 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approve Amendment No.1 to the Professional Services Agreement between the City of Indio and Take Five Entertainment, LLC extending services

RECOMMENDATION:

Approve the Amendment No.1 to the Professional Services Agreement between the City of Indio and Take Five Entertainment, LLC to extend the term an additional four (4) months and add an additional $52,200 that includes $5,000 for assistance with preparation of digital marketing and promotional materials.

SUMMARY:

Staff requests an amendment to the Professional Services Agreement for the extension of the term for an additional 4-month period and increase the total compensation amount to $107,200. Doing so will allow the continuation of contracting services used for our successful 2nd Saturday’s Center Stage events to maintain the momentum for the rest of 2022. Take Five Entertainment has actively worked to bring top-tier entertainment and metropolitan influenced culture, while procuring sponsors to help fund and offset hard costs for the 2nd Saturday’s Center Stage Series.

BACKGROUND INFORMATION:

On October 20, 2021, the City Council authorized the issuance of a Request for Qualifications (RFQ) for vendors and producers to produce monthly downtown activation and en livenment events. A total of eight responses were received. Once the permanent stage is in place and we’ve concluded our first year, staff intends to reach out to the respondents to the RFQ and re -engage with them for consideration in year number two and beyond.

In the spirit of GSD, a target date of January 15, 2022 was set the first 2nd Saturday - Center Stage event and an interim professional services contract was entered into with Take Five Entertainment.

We are pleased to report that the events have b een well attended and a success. Therefore, staff would like to extend the Professional Services Agreement with Take Five Entertainment, LLC through December 2022, adding the months of August, September, October and December. November 2022 will be dark due to the Luce Group, Latin American Rhythm Festival planned for November 11, 12 and 13, 2022.

The purpose of this Amendment No.1 is to extend the existing Professional Services Agreement between the City of Indio and Take Five Entertainment, LLC dated December 21, 2021, extending the end term date through December 31, 2022 and add additional funding.

We have tremendous momentum going and the community is responding to the 2nd Saturday's Center Stage events in a very positive manner. Additional efforts to a ctivate and enliven downtown include multiple leases signed or in process to bring new restaurants, a brewery, taprooms, and coffee AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 333 of 447 shops. College of the Desert is set to break ground on the new COD Campus Expansion and the Child Development Center. Staff is also making great progress on the plans to build a permanent outdoor living room and event stage, currently being designed, to create a year -round performance and community- gathering venue.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

In current year budget: N/A
Current FY General
Fund Impact:

Budget adjustment: N/A
Next FY Financial
Impact:
$52,200 Strategic Objective: Festivals, Events, Arts & Culture
Source of funds: General Fund - Economic
Development Fund-Org-Object
Reference:
101-1011175

ATTACHMENTS:

Attachment A
Attachment B

APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 28 Apr 2022 Roxanne Diaz, City Attorney Approved - 28 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 334 of 447

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH TAKE FIVE ENTERTAINMENT, LLC

This Amendment is entered into as of May 4, 2022 (“Amendment No. 1” ) and is to the Professional Services Agreement by and between the City of Indio (“City”) and Take Five Entertainment, LLC ("Consultant") dated December 21, 2021 (“Agreement”).

RECITALS
A. Consultant provides monthly themed event services for the City’s “Second Saturday” “Take Center Stage” events pursuant to the Agreement.

B. City desires to amend the Agreement and extend its term as well as provide for additional services and additional compensation for those services.

NOW THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. Section 1 of the Agreement entitled “Term of Agreement” shall be amended to read as follows:

“ This Agreement shall commence on the Effective Date and shall remain and continue in effect until the Services are completed, but in no event later than December 31, 2022 unless sooner terminated as provided in Section 14 or unless the City Manager extends the term.”

Section 2. Section 3.A of the Agreement entitled “Compensation” shall be amended to read as follows:

“As full compensation for Services satisfactorily rendered, City shall pay Consultant $9,250 a month and a one- time flat fee of $5,000 for marketing and promotional materials for all the events, as more particularly described in Exhibit A ("Consideration"). Said Consideration shall consti tute reimbursement of Contactor's fee for the Services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, Consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $107,700 (which includes expenses and additional services (if any) during the term of this Agreement.”

Section 3. Scope of Services. Exhibit A shall be replaced with the Exhibit A attached to this Amendment No. 1, exceot the proposal attached to Exhibit A shall remain the same.

AGENDA ITEM #9.8
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-2-

Section 4. Except as specifically amended by this Amendment No.1, t he remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No.1 and the provisions of the Agreement, the provisions of this Amendment No.1 shall control.

In witness whereof the parties have executed this Amendment No. 1 under the provisions of the Agreement on the date set forth above.

CITY OF INDIO:

_____________________________
BRYAN H. MONTGOMERY

CITY MANAGER

ATTEST:

________________________

CYNTHIA HERNANDEZ

CITY CLERK

APPROVED AS TO FORM:

_____________________________
ROXANNE M. DIAZ

CITY ATTORNEY

CONSULTANT:

TAKE FIVE ENTERTAINMENT, LLC

ADAM LEVY, OWNER

AGENDA ITEM #9.8
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-3-

NEW EXHIBIT A

SCOPE OF SERVICES AND COMPENSATION
Services
City desires to invigorate the downtown and have monthly themed events under the City's moniker of "Take Center Stage" or "Second Saturday-Center Stage." Consultant shall produce these monthly events and for each monthly event shall provide all elements of the events and the services as is described in the attached proposal, which is incorporated herein as part of this Exhibit A.

For the first monthly event to be held in January 2022, Consultant shall produce and provide the elements and services detailed in the attached proposal. For the subsequent monthly events for months two through ten, Consultant, in consultation with the City, shall produce and provide the elements and services for each themed event at the same level of the January 2022 event, which shall include but not be limited to the following:

Entertainment. Entertainment includes all live musical entertainment (i.e. band), d.j., activities such as party games, kids activities and family activities, etc. similar to t hat described in Consultant's proposal as appropriate for the themed monthly event.

Promotion. Promotion of the monthly events including professional videography (to be provided to the City), social media promotion and content marketing.

Production. Production includes but is not limited to sound, lighting and stage equipment and personnel for the event and includes equipment, transportation, coordination, load-in and load- out, sound check, show technicians and management and any other required back -of-house elements similar to that described in Consultant's proposal.

Events two through ten will take place in the following months: February, March, May, June, July, August, September, October and December of 2022. Consultant's services for each monthly event shall include professional videography which shall be provided to the City without any restrictions on the use of the videography, including any copyright restrictions. The City shall be the owner of the videography, including its intellectual property. If approved in writing by the City Manager, Consultant's social media promotion may include Consultant's creation of a facebook page (or other social media account) specific to the Services, but such facebook page or other social media account would be registered in the name of the City of Indio and owned by the City with Consultant providing content for the account including updating the page as appropriate. The creation of this page may be subject to any further terms and conditions provided by the City Manager. Otherwise, Consultant's services shall include social media promotion as determined by the Consultant and the City.

Compensation
City shall pay a fixed monthly price of $9,250 per month for the Services. In addition, Consultant shall be paid a flat fee of $5,000 for digital marketing and promotional materials.

There are no additional expenses permitted under this Agreement.

AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 337 of 447

AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 338 of 447 SECDIIIISATIIRIIA VSCENTERSTAGEAIIE-DEC2022

CDIITACT
ADAMLEWUWIIER\EXECUTIVEPRODUCER
\.|+17so 6411946
- |TAKES|VEENTERTA|NMENT@GMA|L.COM
Q |[email protected]
TAKEFIVEENTERTAINMENTLLCP.0.BOX124PALMSPRINGS,CA92253
SPARKEIICITIIIEIIT.CREATEHYPE.DELIVERBIIZZ.

TakeFiveiscommittedtobringingtop—tierentertainmentandmetropolitan-influencedculturetotheCoachellaValley.OurgoalistoactivatetheheartofIndiotoestablishacreativesafehaventhatinspiresmulti-generationsandethnicitieswhileenrichingtheentireCoachellaValleycommunity.WeaimtoshineaspotlightonDowntownIndiobyshowcasingworld-classmusicians,artists,performances,andproductions.Ouroverallmissionistosparkexcitement,createhype,anddeliverbuzz.

EIIEIITDETAILS
EverySecondSaturdayDowntownIndio
TIME.‘6PM- 9PM
DATES:AUGUST13SEPTEMBER10OCTOBER8DECEMBER10

OVERVIEW
MonthlyentertainmentwillbeprogrammedbasedonanapprovedthemedesignatedbyTheCityofIndioand/orpairedwithshowsplayingatDesertTheatreworks.Eacheventwillincludeaminimumofone(1)headlineactandone(1)openingact.Theheadlineactwillprovidea90» 120minuteperformance.Theopenermaybeoneofthefollowingacts:DJ/Emcee,localband,performanceartist.

RIIII-OF-SIIDW
Joininonafuneveningunderthestarswithgames,familyactivities,aDJ/Emcee,liveband,andfood&drinkvendors. 5PM- 7PM - DJ/Emceepumpsupthecrowdplayinglivelymusic.
~ Cornholeandothertailgate-stylegamesareopentoplay.
- Food&Beveragevendorsareopentoservethepublic.
7PM- 7:45PM- Bandbeginsplayingcrowd»favoritetunes.(SETONE) 7:45PM-TBD- Bandtakesanoptional15-30minuteintermission. - DJ/Emceekeepsthetunesgoing.
8:15PM- 9PM- Bandreturnstothestagefinishingoffthenight(SETTWO)

AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 339 of 447

SCOPEOFSERVICES
PRODUCTION(SOUND/LIGHTING/STAGE)Feecoversequipment,transportation,coordination,load-in,load-out,soundcheck,showtechnicians,andmanagement.

INCLUDES:

SECOIIOSIITIIIIOIVS* ‘*"°‘ 39”“28’><20’x3’+sue:DRUMRISER sloo8’><8'x2’+FBTMUSELINEARRA VSPEAKERS $7505qtyI200wattLinearrayspeakers+FBTDUEL18"suns $4004qty2x13"2000Wrmswattpoweredsubwoofers ‘uson:2022 +FBTsue:MONITOR12" 3250
' 4qtyFBTVentisIIZMAprocessedactivemonitor700W+200W~ 133205+MIDASM-32 slsoMidasM-32Digitalsoundooardw/40inputs3(I6outputs+SHUREMICKIT slooincludes10instrumentmics,avocalmics,I0drummics,5condensermics+12"aoxmuss10' 342010ft~ I2"XI2"aluminumboxtruss+1 aoxrnuss2' slot:2ft.- 12"XI2"aluminumboxtrussIIOAMLEW +12"Box‘muss4' S80OWNER\EXECUTIVEPIIODLICEII 4ft.~ I2"X12"aluminumboxIruss+LEDLIGHTan slso12qtyDalzlerBarl8DwRed/Green/Blue/Amber/White+MOVINGnewSPOT42 33003qtyADJFocusspot42,200wMovingHeadspotlights+MOVINGnewBEAMS 3400PlatinumBeam5Rmovingneadlignt+rowanDISTRO sloo 40¢?!2kpowerdistrc+GENERATORzoitv/t 370030,000watt120/208V3-phaseservicegenerator t- *0PTI[1NAL
—
LEDVIDEOW ALL S‘‘>’,‘',’16‘><!-!‘\/VDEOW ALLHDLEDVideoWallIlmm500mmx500mmwithgroundSilppalfSySTGm(pHCi’1IIp(1VLEDpanel)K.|+17so6411946 PRODUCTIONTOTAL:34,900- |TAKE5|VEENTERTA|NMENT@GMA|L.COM ‘’‘’m'L50V'“50W“ “"00 ENTERTAINMENTI I‘D‘MVLE"V@GMA"--°°M FeecoversIaien;coordination,transportation,pre-production,management&bookingree.

INCLUDES:
9 LIVEBAND $3,0009 DJIEMCEE $5009 TAILGATEPARTVGAMES,KIDSACTIVITIES,PROJECTORVIDEOS $5009 FOOD&BEVERAGEVENDORCOORDINATIONExMGMT $200Acquisition,scheduling.andmanagementoiFoodatBeveragevendorstoperformservicesateachevent.

ENTERTAINMENTTOTAL:$4,400

CONTENTMARKETING
INCLUDES:TAKEFIVEENTERTAINMENTLu:POBox24 +PROFESSIONALVIDEOGBAPHV ' ‘
EacheventcapturedonascnyA7iiicamerawitngimble. ~lncludedPALMspnmes.CA92253 +puorocnnpuvstillpnotcsprovidedatmeconclusionoreacheventbyproducerand/or~lncludedproiessicnalpnotcgrapner.inciudesseiectioncieditedpictures.+(1)oneEDITEDSIZZLEREELCompiledfootageeditedintoaI-3minutesizziereeloieachevent. ~lncluded CONTENTMARKETINGTOTAL:~/nciuded

AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 340 of 447 SECCIIIISATIIIIIIA VSCENTERSTAGEIIIIG-IIEC2022

CCIITACT
ADAMLEWUWIIEII\EXECUTIVEPRODUCER
\.|+17so 6411946
- ITAKES|VEENTERTA|NMENT@GMA|L.COM
Q |[email protected]
TAKEFIVEENTERTAINMENTLLCP.0.BOX124PALMSPRINGS,CA92253

SCOPEOFSERVICES

SOCIALMEDIA
INCLUDES:
+PAIDINSTAGRAMIFACEBOOKADVERTISING(1)oneReachCampaignprogrammedinFacebookAdManagerperevent.3500+cnzxnvzASSETS $500(1)Onel080px><l080pxinstagrarn/FaceoookimageusingapprovedestaoiisnedSecondsaturdayscenterstagecreative.(2)Twovertical9:161920pxX1080p><lnstagram/Facebookstoryimages.(1)onevertical9:151920pxX1080lnstagram/Facebookstoryeventpromovideo.(1)oneLandscapel6:91080pxX192Dp><lnstagram/Facebookeventpromovideo.

CONTENTMARKETINGTOTAL:31,000
BILLABLESERVICESBillabieServicesrefertoitemsnotlistedinthescopeofservicesorspeci?edintheproposallistedaboveorunrelated1atheSecondSaturdaysCenterStagecampaign.Hardcostsforservicesarebilledbacktoclient.Forexample,Flyers.ClientbilledforcreativeandbilledbackforThirdpartyprintingcosts.

INCLUDES:
9 GRAPHICDESIGNSERVICES9 PROMOTIONALCOLLATERAL9 SOCIALMEDIACONTENTCALENDARMGMT9 ARTDIRECTION9 DIGITALMOCK-UPS&RENDERINGS9 WEBDESIGN9 VIDEOPRODUCTION9 TEMPLATES9 LOGOS9 POSTERS9 MARKETINGPLANS9 ADVERTISINGSERVICES9 SPONSORSHIPPROPOSALS9 PRINTSERVICES OPTIONALBILLABLESERVICES?ilaltoexceed$2,000perman?v):$50/hr

AGENDA ITEM #9.8
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AGENDA ITEM #9.8
Approve Amendment No.1 to the Professional Services Agreement between th... Page 342 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Approve Request for Proposal (RFP) for City Attorney Services

RECOMMENDATION:

Approve the RFP for City Attorney Services

SUMMARY:

From time to time the City issues requests for proposals (RFP) for various services needed by the City. This RFP solicits proposals from qualified attorneys and/or law firms interested in providing City Attorney services to the City of Indio.

BACKGROUND INFORMATION:

As stated in the attached RFP document, the City seeks legal services that would include, but not be limited to:

General Municipal Specialty
-General municipal law advisory
-Tax (federal, state, local)
-Housing
-Elections
-Telecommunications
-Code enforcement
-Joint Power Authorities
-Contracts
-Review of Resolutions and Ordinances
-Public Records Act, Brown Act, Elections Code

Litigation Defense
•Public entity tort claims
•Labor and employment
•Public safety defense
•Construction law/public works/prevailing wage matters
•General writ litigation

Real Property
•Development
AGENDA ITEM #9.9
Approve Request for Proposal (RFP) for City Attorney Services (Bryan H. ... Page 343 of 447 •Real estate transaction/commercial document preparation •Lease negotiations and drafting

Land Use and Planning
•CEQA\NEPA
•General Plans
•Environmental issues
•Bond Counsel/Municipal Financing
•Human Resources\Personnel

ATTACHMENTS:

Attachment 1: RFP_FOR CITY ATTORNEY SERVICES

AGENDA ITEM #9.9
Approve Request for Proposal (RFP) for City Attorney Services (Bryan H. ... Page 344 of 447

REQUEST FOR PROPOSALS (RFP)
for

CITY ATTORNEY

SERVICES

PROPOSALS DUE:

June 17, 2022
before 5:00pm

AGENDA ITEM #9.9
Approve Request for Proposal (RFP) for City Attorney Services (Bryan H. ... Page 345 of 447

The City of Indio is soliciting proposals from qualified attorneys and/or law firms interested in providing City Attorney services. The selected attorney or law firm will provide a wide range of services to the City. The City currently contracts with a law firm to provide City Attorney services, but also retains special counsel in a number of areas. The City is open to considering proposals ranging from individual attorneys offering general, municipal counsel services with specialized legal services outsourced to other attorneys, to law firms offering a full suite of both general and special counsel services. The City will reserve the right to continue to use the current services of special counsel, as needed, at its sole discretion.

The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into an Agreement. The Agreement will contain provisions requiring the selected proposer to indemnify the City and provide that the City Attorney is an independent contractor serving at the will of the City Council. Provisions will also be included in the contract allowing the City Council to terminate the agreement, at its sole and entire discretion, upon the provision of notice.

The City of Indio is a vibrant and growing community within the Coachella Valley of east Riverside County. Indio’s population is approaching 95,000 . Indio is known all over the world as the “City of Festivals” and is home to the Coachella Art & Music Festival, the Stagecoach Festival and a number of other festivals and large community events. The natural beauty and perfect winter climate combine to make the City of Indio the leading city in the region. Indio spans 30 square miles and is the largest municipality in the Valley, both in area and population.

Following significant growth in the region, Indio has seen a 73% increase of residents since 2000. This dramatic growth and success in recent years has required strategi c response by City leadership in the upgrade of infrastructure and services. Indio has historically been the main population center in the Coachella Valley and continues to serve as the location for Riverside County’s eastern branch offices.

With fabulous weather, Indio offers abundant outdoor activities including renowned polo matches, championship golf, cycling, equestrian events, and hiking. This ideal climate, combined with exceptional conditions f or growing various crops and an ample supply of ground water, allows agriculture to remain the second largest industry in the Coachella Valley. Tourism is the region’s top employer, with close to 1 million visitors each year.

SECTION 1
Request for Proposal
SECTION 2
Background

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The variety of home types available in Indio range from workforce housing to multi-million dollar homes, easily accommodating the housing needs of a wide spectrum of homeowners.

Executive housing includes resort style living with condominiums and golf course residences in gated communities.

The City of Indio operates under a Council/City Manager form of government with five councilmembers elected by district. The City of Indio is a full -service City with approximately 300 full-time employees.

The City Attorney is selected by and serves at the pleasure of the City Council. The City Attorney works close with the City Council, City Manager, City Clerk and other City staff providing sound and consistent legal advice. Some of the duties and key responsibilities of the City Attorney are as follows:

 Represent and advise the Council and all City officers in all matters of law pertaining to their offices;

 Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee or former City officer or employee in any or all actions and proceedings in which any such City officer or employee is concerned or is a party, for any action arising out of their employment or by reason of her/his official capacity;

 Attend all meetings of the Council and give advice or opinion in writing whenever requested to do so by the Council or by any of the boards or officers of the City;

 Approve the form of all bonds given to and contracts made by the City, endorsing their approval in writing;

 Prepare all proposed ordinances, contracts, and other legal instruments for the City;

 Prosecute on behalf of the City cases for violation of City ordinances and other City laws and regulations;

 Perform such other legal duties consistent with the Charter as may be required of them by the Council;

 Provides guidance and training with regard to the Brown Act, AB 1234, CEQA, Political Reform Act, Public Records Act, tort liability and risk, civil and criminal enforcement, due process and other legal requirements imposed by statute and common law.

 Establishes designated office hours or times of availability as agreed to with the City Council and City Manager, and providing responses to requests for legal advice in a timely manner

 Researching municipal or other legal matters as requested by the City Council or the City Manager

AGENDA ITEM #9.9
Approve Request for Proposal (RFP) for City Attorney Services (Bryan H. ... Page 347 of 447

Introduction
The City of Indio requests interested attorneys and/or full service law firms to submit a p roposal to provide legal services for the City of Indio. The City Council will determine the process by which the proposals are reviewed, although the material provided in the proposal, interviews with the firms, and/or interviews with references, will be determinative factors in selecting Indio’s next City Attorney.

The fee arrangements proposed by firms are important, but will be seco ndary to the experience, service delivery, and other qualifications of the attorney/firm that best meet the needs of the City. It is possible that the City Council will select multiple firms, with different firms responsible for assisting with different legal issues/projects.

Please provide the information requested in this RFP for each of the specialized practices area for which you would like to be considered. These practice areas include:

General Municipal Specialty, including but not limited to:
- General municipal law advisory
- Tax (federal, state, local)
- Housing
- Elections
- Telecommunications
- Code enforcement
- Joint Power Authorities
- Contracts
- Review of Resolutions and Ordinances
- Public Records Act, Brown Act, Elections Code

Litigation Defense, including but not limited to:
• Public entity tort claims
• Labor and employment
• Public safety defense
• Construction law/public works/prevailing wage matters • General writ litigation

Real Property, including but not limited to:
• Development
• Real estate transaction/commercial document preparation • Lease negotiations and drafting

Land Use and Planning, including but not limited to:
• CEQA\NEPA
• General Plans
• Environmental issues
• Bond Counsel/Municipal Financing
• Human Resources\Personnel
• Other (please specify)
SECTION 3
Request for Proposals

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All proposals must include the following:

Identification of Attorney(s). The response to this Request for Proposals should describe the attorney(s) who would be responsible for providing regular services under the proposal. For each attorney, the proposal should identify the qualifications, areas of expertise, and prior experience.

Support Staff. The proposal should include information about the types of support staff, such as other attorneys, paralegals, interns and others in the firm who might be assigned to perform work for the City and whose time would be billed for such work. The response should include information about how the firm plans to utilize support staff.

Description of Services. The proposal should describe the services the firm proposes to provide, the firm’s overall experience with municipal law, any areas of specialty listed above, and any special qualifications that are believed to distinguish it from other law firms.

Please indicate if there are any services that you do not provide.

Rates and Charges . The proposed means of compensation, including hourly rates or fees to be charged for each individual named in the proposal, should be listed. A schedule of the rates or amounts for all fees, charges, and expenses to be billed by each attorney or staff member should also be included. If it is proposed to provide general services under a fixed monthly retainer and additi onal “special” services at pre -negotiated hourly rates, please be specific about what would be included in each category. Proposals shall also identify what charges the firm will impose, if any, for travel time.

Availability and Commitment to Provide Services. The proposal should include an indication of the commitment to provide the services by the attorney or attorneys with principal responsibility for providing services to the City. In this context, the words availability and commitment should be taken in their broadest meanings, incorporating time, flexibility in scheduling, office location of the attorney or attorneys, commute time to Indio, time spent at Indio City Hall, and firm or personal policies and practices with regard to returning calls and meeting deadlines.

Actual or Perceived Conf licts. The proposal should disclose the names, nature of assignment, and relevant dates for any of the firm’s clients who may have actual or perceived conflicts of interest with the City. Reasonable diligence to identify and disclose potential conflicts is expected of all firms submitting a response to this Request for Proposals. The proposal should also provide a statement or description of firm policy to address how conflicts of interest between two or more clients are addressed.

Insurance: A description of the pertinent information regarding the general liability and malpractice insurance maintained by the firm, including the amount of coverage under such insurance.

Additional Information. Statements submitted in response to the Request for Proposals may, but are not required to, provide additional information to assist the evaluation of the proposal. Any discussions relating to suggested strategies to reduce costs for outside legal services are appropriate in this section.

References: Please provide references from comparable and representative public agency clients. Please include the names and telephone numbers of at least three previous and/or current public agency clients.

SECTION 4
Requirements for Proposals

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Submission Requirements: Proposals are due no later than 5:00 pm on Friday, June 17, 2022. Late submittals will not be considered

Interested firms or attorneys must submit one original copy and one electronic copy sent by email. The original copy must be delivered or mailed to:

City of Indio, CA
Attn: Shelley Soliz
100 Civic Center Mall
Indio, CA 92201
Email: [email protected]

All proposals submitted shall be valid for a minimum period of one -hundred and twenty (120) calendar days following the last date established for proposal submission. Propos als may be withdrawn up on written request from the proposer at the address shown in this solicitation prior to the last date for proposal submission. Negligence on the part of the proposer in preparing the proposal confers no right of withdrawal after the time set for proposal submission. The cost for preparing a proposal in response to the RFP is the responsibility of the proposer, not the City.

Award of the contract will be to the attorney or
firm whose proposal best complies with all of the
RFP requirements and provides the best solution
for the legal needs of the City of Indio.

Experience, qualifications, availability, and cost
will all be considered. The final selection will not
be based on the lowest bid; however, cost will be
a consideration.

The City Council will determine a procedure to review
each Proposal. Calls to submitting firms or attorneys
and their references may be made to clarify material
in the submittals. Based on this review, the best
qualified firms will be invited to a personal interview.

Following the interviews, reference interviews will be
conducted. While a detailed timeline has not been
established for the selection process, it is the goal of the City to commence a contract for attorney
services in July of 2022.

SECTION 5
Evaluation Criteria
SECTION 6
Selection Process

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The City of Indio reserves the right to accept or reject any or all proposals, or select more than one firm to complete this work. than one firm to complete this work. After selection by the City, the contents of the submitted proposal will become a contractual obligation. Failure to agree to include the proposal as part of the contractual agreement may result in cancellation of the award.

The City of Indio reserves the right to negotiate a modification to, or accept any part of the proposal, and will not be obligated in any way to accept those parts that do not meet the approval of the City. Terms and conditions of the contract will be subject to the approval of the City Council.

The tentative schedule is as follows and is subject to change:

Last day to submit questions June 8, 2022

Interviews TBD - estimated week of June 27th

Begin Work Dependent on Negotiations

Questions regarding this RFP should be submitted via email and directed to Shelley Soliz at [email protected] no later than June 8 , 2022. If appropriate , responses to questions, or other clarifications, will be issued via an addendum.

The City o reserves the right to reject any and all proposals.

PLEASE NOTE: This RFP, subsequent addendums, and all attachments are available online at the City of Indio’s website at www.cityofIndio.org.

SECTION 9
Questions
SECTION 7
Acceptance or Rejection &
Negotiation of Proposal
SECTION 8
Selection Timetable
Release Request for Proposal May 5, 2022
Proposals Due June 17, 2022
Award contract TBD - estimated July 2022

AGENDA ITEM #9.9
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1) All proposals will become the property of the City of Indio and will not be returned.

Be advised that all documents submitted with their proposals are public records open to inspection without redaction, and are directed to California Government Code Section 6250 (Public Records Act).
2) The City of Indio reserves the right to reject any and all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Request for Proposal, in whole or in part, or decide to award a contract to perform only some of the services outlined in this Request f or Proposal, without liability, obligation, or commitment to any party, or organization.
3) In addition, the City reserves the right to request and obtain additional information from any individual or firm submitting a proposal, and to negotiate the final scope of services with the selected attorney or firm/s. The City is not liable for any costs incurred by responders prior to issuance of a contract.
4) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on its sole judgment and discretion, to award a contract based upon the written proposals it receives without conducting discussions, interviews or negotiations. 5) If, in the opinion of the City, a proposal contains false or misleading statements or references, it may be rejected.
6) The City reserves the right to obtain written clarification of any point in a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure to comply with these instructions, and the other specific provisions of the RFP, may result in the proposal not being reviewed.
7) The City reserves the right, without qualification, to select a respondent for further discussions based solely on the content of the RFPs and relevant information obtained from others concerning the respondent’s respective records of past performance. 8) The proposal shall not be made contingent upon uncertain events, which shall not have occurred until after the RFP is completed.
9) In the event that it becomes necessary to revise any part of this RFP due to inquiries raised, an email notifying an addendum, supplement or amendment to this RFP will be provided to those who received an original invitation to bid via email OR responded to us with contact information expressing interest in receiving responses.

We look forward to reviewing your proposal.

SECTION 10
General Requirements

AGENDA ITEM #9.9
Approve Request for Proposal (RFP) for City Attorney Services (Bryan H. ... Page 352 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Tilden with Services Professional Agreement -Constructors Coil for Programming and Pre-Construction for the new City Hall project in the not to exceed amount of $163,750.

RECOMMENDATION:

Aprrove the Professional Services Agreement with Tilden-Coil Constructors for Programming and Pre- Construction for the new City Hall project in the not to exceed amount of $163,750 in the form approved by the City Attorney.

SUMMARY:

In order to properly determine the logistics, phasing, interim housing needs, schedule, feasibility, and program budget of a new City Hall, the City has engaged with Tilden-Coil to assist with programming and pre-construction Services. There are economies of scale with Tilden-Coil also assisting with the concurrent Public Safety Campus Project. Compensation for all programming and pre -construction phase services shall be a fixed amount in the sum of $125,000 plus $38,750 for Building Information Modeling (BIM) services for a total of $163,750.

BACKGROUND INFORMATION:

This proposal is for Programming and Pre -construction Services for the City's new City Hall Project.

The scope of work will include a new City Hall, a new and/or Tenant Improvements/Interim H ousing for a Library, demolition of the two existing structures, as well as site improvements for the existing City Hall Campus and Golf Course Renovations (if necessary). Although the golf course project is included as part of this contract it is importan t to note it is the last in terms of priorities, yet it made sense for potential cost savings and project efficiencies.

Tilden-Coil Constructors’ proposal includes professional services to help determine logistics, phasing, interim housing needs, sche dule, feasibility, program budget, etc. Once the program is determined, Tilden-Coil Constructors will provide Pre -Construction services which will include constructability reviews, design coordination, cost estimating, value engineering, scheduling, scope writing/trade coordination, agency Documents, 0/1 Division management, phasing/logistics budget plans, coordination, bid strategies, bid documents, public bidding, bid evaluations, prime contractor award, etc.

After bidding and award of the contract for the City Hall project, if the City is satisfied with Tilden-Coil's services, Tilden-Coil is available to perform construction management Services for the project. The construction management services would include but not be limited to prime contractor management, AGENDA ITEM #9.10
Professional Services Agreement with Tilden-Coil Constructors for Progra... Page 353 of 447 trade coordination, schedule, billing, cost control, quality control, risk management, dispute resolution, contract document management, project close -out, etc. If the City were to proceed, an amended contract would come back to City Council for approval.

Staff recommends approving the professional services agreement with Tilden-Coil for all Programing and Pre-Construction phase services in a fixed amount in the sum of $125,000 billable at a rate of $166/hour plus $38,750 for Building Informa tion Modeling ( BIM) Coordination/Clash Detention Services for City Hall for a total of $163,750.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$60,000 In current year budget: Yes
Current FY General
Fund Impact:
$60,000 Budget adjustment: No
Next FY Financial
Impact:
$103,750 Strategic Objective: Community Infrastructure Source of funds: Lease Revenue Bonds and
General Fund (Measure X) Fund-Org-Object
Reference:
102 and Lease Revenue
Bonds

ALTERNATIVES:

Do not award the contract to Tilden-Coil Constructors.

APPROVAL(S):

Roxanne Diaz, City Attorney Approved - 28 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

AGENDA ITEM #9.10
Professional Services Agreement with Tilden-Coil Constructors for Progra... Page 354 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Second Reading of Ordinance No. 1776, adopting a Military Equipment Use Policy in accordance with Assembly Bill 481.

RECOMMENDATION:

Adopt Ordinance No. 1776, adopting a Military Equipment Use Policy in accordance with Assembly Bill 481.

SUMMARY:

On April 20, 2022, the City Council introduced for first reading Ordinance No. 1776, adopting a Military Equipment Use Policy in accordance with Assembly Bill 481. The ordinance is presented for second reading and final adoption.

BACKGROUND INFORMATION:

Ordinance No. 1776 is being presented for second reading and adoption. As is customary, second reading and adoption of ordinances are placed on the City's consent calendar.

Pursuant to AB 481, law enforcement agencies, including the Indio Police Depart ment (“IPD”), are now required to first obtain approval of a military equipment use policy prior to using, acquiring or funding military equipment, as that term is defined in the statute. The policy is also required to contain a military equipment invento ry. As stated above, the policy must be approved by the City Council.

Following its initial approval, IPD is further required to submit an annual military equipment report (“Report”) to the City Council for as long as the equipment listed in the policy is available for use. Also, within 30 days of submitting and publicly releasing the Report, IPD is required to hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions r egarding the Report and IPD’s funding, acquisition, or use of the listed military equipment. Finally, IPD must also make the Report publicly available on its internet website for as long as the military equipment is available for use.

Accordingly, in order for IPD to continue to use military equipment acquired prior to January 1, 2022, the City must commence the City Council approval process for the military equipment policy as described by statute prior to May 1, 2022. Accordingly, a policy was drafted t hat also contains IPD’s current inventory of military equipment and that policy is attached as Exhibit A to Ordinance No. 1776 and is entitled Indio Police Department Policy 708 - Military Equipment (“Policy 708”). Prior to the City Council holding a public meeting concerning Policy 708, IPD is required to make available and post Policy 708 for at least 30 days on its website. IPD posted Policy 708 on its website on March 15, 2022, therefore the City is in compliance with this requirement.

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Overview of Military Equipment and City’s Inventory
It is important to note that “military equipment” is now a defined term under state law and it doesn’t necessarily mean that IPD acquired or purchased its equipment from the military. Nor does it mean that the equipm ent we have is of the type used by the military. None of the equipment listed in the inventory was obtained from the military but rather was purchased from law enforcement vendors. For example, military equipment as defined by state law includes IPD founda tional equipment such as patrol rifles, and some of our less lethal tools. Rifles, for example, allow peace officers to address lethal threats from a greater distance and with greater precision.

Other items that are now considered “military equipment” i nclude, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. This equipment, now deemed to be “military equipment” by AB 481, is used as a component of overall best practices for law enforcement agencies throughout the country including IPD in order to specifically reduce risk to community members. These items provide peace officers wi th the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. These tools have been tested in the field, and are used to enhance citizen safety and officer safety. The loss of these items would jeopardize the welfare of citizens and peace officers within IPD.

As required by AB 481, Policy 708 and specifically the inventory, contains the description, quantity, capabilities and purchase cost (if known) of IPD’s equipment. In addition, Policy 708 co ntains a description of the equipment’s purpose, its authorized use, expected lifespan, a description of the training required for the equipment, any applicable legal and procedural rules, and the fiscal impact (such as maintenance costs, etc.) of purchasi ng and maintaining the equipment. With respect to training, Policy 708 notes that there is certain specialized police equipment that is used only by highly trained and experienced law enforcement professionals.

The equipment on the City’s inventory list includes modernized tools and devices that have as their primary purpose, the preservation of human life. This equipment is utilized when responding to critical incidents, including high-risk apprehensions, search and rescue, and fast responses to catastro phic events. By using these tools, officers can reduce the chances of physical injury to the public and department personnel. It also allows for de -escalation techniques to be used during high -risk encounters with armed, violent suspects.

The Indio Police Department and Desert Regional SWAT operate in various jurisdictions throughout Riverside County. Likewise, other agencies also conduct routine business in the City of Indio or respond to a request for mutual aid. Policy 708 clarifies that through the Association of Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military Equipment policy related to any enforceme nt action throughout Riverside County. Military equipment used by any member of this Department shall be approved for use and in accordance with this Military Equipment Policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

Ordinance and Required Findings

AB 481 provides that the City Council may approve the military equipment use policy if the City Council determines or makes findings regarding all of the following:

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1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The proposed military equipment use policy will saf eguard the public’s welfare, safety, civil rights, and civil liberties;

3. If purchasing the equipment, the equipment is reasonably cost -effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if the prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming u ses and ensure future compliance.

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide Indio police officers as many options as possible to safeguard lives, ensure safety, and protect civi l liberties. Accordingly, the use of the tools identified in Policy 708 are vital to IPD’s mission and will continue to be strictly regulated through internal processes and oversight. There are no reasonable alternatives to the items listed in Policy 708 a nd IPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.

As for safeguarding the public’s welfare, safety, civil rights and civil liberties, Policy 708 ensures that there are safeguards, including t ransparency, oversight, and accountability measures in place. For example, the policy designates a “military equipment coordinator” that will ensure that sworn staff comply with Policy 708. An annual audit with the assistance of the Training Unit will be conducted. In addition, if a violation of Policy 708 occurs, IPD will correct the violation when discovered. All items which result in a use of force matter will be investigated as is already required by existing IPD policy.

In addition, the policy provides members of the public with clear instructions on how to register a question and/or complaint and all questions or complaints will be responded to in a timely manner and in most cases within 20 business days. Accordingly, Policy 708 will safeguard the publ ic’s welfare, safety, civil rights, and civil liberties.

When purchasing equipment, IPD ensures that equipment is reasonably cost -effective against available alternatives, if any, that could achieve the same objective of officer and civilian safety. The inventory contained in Policy 708 provides specific information regarding the fiscal impact of the equipment and should the City need to purchase new equipment in the future, the cost-effectiveness of such equipment is analyzed as well as whether there is an alternative to the equipment that could achieve the same objective with regard to officer and civilian safety.

Last, AB 481 now requires the City to provide in one document a comprehensive military equipment policy along with a master inventory of mil itary equipment (as that term is defined). Within that inventory, the policy provides information with regard to the equipment’s authorized uses and the training required for such use. Prior to the adoption of this policy, there has been in place the state d uses of the City’s military equipment along with the training required for the use of such equipment in the City’s existing policies. Under AB 481, all this information is contained in one location. Accordingly, any prior equipment use has been compliant with the policies in place at the time of use. Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and council approval.

Conclusion
In conclusion, the Indio Police Department seeks City Council adoption of the attached military use policy, Policy 708, by ordinance in order to allow the department to continue the use of the vital equipment specified in Policy 708 as well as acquire equipment as needed.

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ATTACHMENTS:

Attachment 1: Ordinance No. 1776 - Military Equipment Policy

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1 ORDINANCE NO. 1776

AN ORDINANCE OF THE CIT Y COUNCIL OF THE CIT Y OF INDIO,

CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding sections 7070 et seq. to the Government Code, relating to the use of military equipment as defined by Government Code section 7070(c) by law enforcements agencies; and

WHEREAS, AB 481 requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body at a public meeting and at least 30 days prior to any such public meeting, the law enforcement agency shall make the military equipment use policy available on the law enforcement agency’s internet website; and

WHEREAS, the Indio Police Department currently possesses equipment that qualifies under the definition of military equipment pursuant to Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner that continues to ensure the safety of the community and its residents; and

WHEREAS, the adoption of the proposed military equipment use policy is necessary in order to continue use of such equipment for the purpose of protecting the safety of officers and civilians in the City of Indio; and

WHEREAS, in accordance with Government Code Section 7071(a)(2), a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, must commence the governing body approval process for the military equipment use policy no later than May 1, 2022; and

WHEREAS, in accordance with Government Code Section 7071, the Indio Police Department has commenced the governing body approval process and has posted a copy of the proposed military equipment use policy on the Indio Police Department’s website on March 15, 2022. Said posting is more than 30 days prior to the April 20, 2022 City Council meeting; and

WHEREAS, Ordinance No. 1776 and the proposed military equipment use policy were presented and introduced to the City Council at the public meeting held on April 20, 2022, which is prior to May 1, 2022, at which time the public had the opportunity to comment on Ordinance No. 1776 and the proposed military equipment use policy;

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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO , CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.

Section 2. Findings. Pursuant to Government Code Section 7071, the City Council commenced the governing body approval process prior to May 1, 2022 and considered the adoption of this Ordinance at a regular, public meeting on April 20, 2022, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:

A. The military equipment identified in Indio Police Department Policy 708 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

B. The proposed military equipment use policy (Indio Police Department Policy 708) will safeguard the public’s welfare, safety, civil rights, and civil liberties; and

C. The military equipment identified in Indio Police Department Policy 708 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

D. P rior military equipment use complied with the corresponding policy that was in effect at the time.

Section 3. Pursuant to Government Code Section 7071, the City Council hereby adopts the military equipment use policy entitled Indio Policy Department Policy 708 as set forth in the attached Exhibit A and incorporated by this reference.

Section 4. Severability. I f 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 5. 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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3 PASSED, APPROVED AND ADOPTED this 4th day of May, 2022.

_____________________________________

WAYMOND FERMON
MAYOR

ATTEST:

________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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4 EXHIBIT A

MILITARY EQUIPMENT USE POLICY

AGENDA ITEM #9.11
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City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) the to pertaining 159.419 adopting new a and section development of unzoned properties within the former Pacific Indio Properties Development Agreement area.

RECOMMENDATION:

Adopt Ordinance No. 1777, amending Chapter 159 (Zoning Regulations) and adopting a new section 159.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement area.

SUMMARY:

On April 20, 2022, the City Council introduced for first reading Ordinance No. 1777 which will amend Chapter 159 (Zoning Regulations) and adopt a new section 159.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement area.

BACKGROUND INFORMATION:

Ordinance No. 1777 is being presented for second reading and adoption. As is customary, second reading and adoption of ordinances are placed on the City's consent calendar.

The City of Indio ("City") and Pacific Indio Properties, Inc. entered into a Development Agreement in the early 1990’s, which was recorded in the office of the Riverside County Recorder as Instrument Number 047277 ("Original Development Agreement") and which was subsequently am ended by the First Amendment 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 (“Site”), and approved by the City for phased development.

Subsequently, the City entered into the "Second Amend ment 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. 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 Development Agreement that address land uses and density of the Site. The Development Agreement AGENDA ITEM #9.12
Second Reading of Ordinance No. 1777 , amending Chapter 159 (Zoning Regu... Page 363 of 447 and the Second Amendment shall collectively be referred to herein as the "Amended Development Agreement.”

Subsequently, the City Council adopted Ordinance No. 177 3 approving a Third Amendment to the Development Agreement following a request by the current owners of certain real properties located within the boundaries of the Pacific Indio Properties Development Agreement (I -Ten Monroe LLC, BH Indio Land LLC, Charlotte Southwest Corporation, and Urbanica, LLC; collectively “Owners”). The Owners requested an extension of the term of the Development Agreement for an additional 18 months subject to the same conditions set forth in the Second Amendment. The Third Amen dment applies only to those properties controlled by the Owners.

Portions of the Site that comprises the boundaries of the former Pacific Indio Properties Development Agreement and not subject to the Third Amendment are unzoned. Upon the lapse of the Development Agreement as to those properties, 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 planning control tool used to regulate th e physical development of land. Zoning promotes desirable development patterns and protects the public peace, health, safety and general welfare by preventing incompatible uses.

The City Council approved Ordinance No. 1774, an urgency ordinance amending Chapter 159 (Zoning Regulations) and adopting a new Section 159.419 pertaining to the development of unzoned properties within the former Pacific Indio Properties Development Agreement. While that urgency ordinance is currently in effect, it is best practi ce that this zoning code amendment go through the regular state law process. Accordingly, amendments to the City's zoning regulations are initially considered by the Planning Commission, which makes a recommendation to the City Council. The City Council, in turn, reviews the Commission's recommendation and makes a final decision on the formal adoption of the amendment.

On February 23, 2022, the Planning Commission held a duly noticed public hearing to consider the amendment to Chapter 159 of the Municip al Code adding new Section 159.419 and recommended that the City Council adopt said amendments to the Code.

Proposed Ordinance No. 1774 will replace the urgency ordinance and is substantially the same as the urgency ordinance and provides that any real property within the boundaries of the site subject to the Development Agreement between the City and Pacific Indio Properties, Inc. may be developed only with the approval of a development agreement by the City Council.

Pursuant to California Environmental Quality Act Guidelines 15061(b)(3), it can be seen with certainty that there is no possibility that amendment to the Indio Municipal Code will have a significant effect on the environment. The amendment will require pro perty owners to bring their specific projects forward and comply with CEQA at that time. In addition, the amendment is also consistent with the City's General Plan as such development will comply with the underlying General Plan designation for the property.

In conclusion, Staff recommends that the City Council adopt Ordinance 1777.

ATTACHMENTS:

Attachment 1: Ordinance No. 1777 - Zoning Chapter 159

AGENDA ITEM #9.12
Second Reading of Ordinance No. 1777 , amending Chapter 159 (Zoning Regu... Page 364 of 447

1 ORDINANCE NO. 1777

AN ORDINANCE OF THE CITY OF INDIO , CALIFORNIA, AMENDING CHAPTER 159 (ZONING REGULATIONS) OF THE MUNICIPAL CO DE AND ADOPTING A NEW S ECTION 159.419 PERTA INING TO THE

DEVELOPMENT OF UNZON ED PROPERTIES WITHIN THE FORMER

PACIFIC INDIO PROPERTIES DEVELOPMENT AGREEMENT AREA

THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. Pursuant to Indio Municipal Code Section 159.875, the City Council the City Council hereby determines and makes the following finding : the proposed change to the zoning code set forth in Section 2 is consistent with the objectives of Title XV (Land Usage) of the Indio Municipal Code. The proposed zoning code amendment will protect, promote and enhance the public health, safety and general welfare, ensuring that development within the city is related to the city's ability to provide essential urban services and is consistent with the City of Indio general plan.

Section 2. Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code is hereby amended by adding a new Subchapter entitled “Development of Unzoned Property” and adding thereunder a new Section 159.419 (Development of Unzoned Property) to read as follows:

“DEVELOPMENT OF UNZONED PROPERTY

§ 159.419. Development of Unzoned Property.

Any real property located within the boundaries 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 the Development Agreement, all on file in the Department of Community Development, that is u nzoned as of January 20, 2022, may be developed only with the approval of a development agreement by the City Council.”

Section 3. Ordinance No. 1774 is hereby repealed.

Section 4. Adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines 15061(b)(3) because it can be seen with certainty that there is no possibility that amendment to the Indio Municipal Code will have a significant effect on the environment. The amendment will require property owners to bring their specific projects forward and comply with CEQA at that time. In addition, the amendment is also consistent with the City's General Plan as such development will comply with the underlying General Plan designation for the property.

AGENDA ITEM #9.12
Second Reading of Ordinance No. 1777 , amending Chapter 159 (Zoning Regu... Page 365 of 447

2 Section 5. Severability. I f 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 6. 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.

PASSED, APPROVED AND ADOPTED this 4th day of May, 2022.

_____________________________________

WAYMOND FERMON
MAYOR

ATTEST:

________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #9.12
Second Reading of Ordinance No. 1777 , amending Chapter 159 (Zoning Regu... Page 366 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Roxanne Diaz, City Attorney
Subject: Reconsideration of the circumstances of the COVID -19 state of emergency and determine that the legislative bodies of the City of Indio will continue to hold meetings via teleconferencing pursuant to the findings set forth in Government Code Section 54953(e)(3).

RECOMMENDATION:

The City Council has (i) reconsidered the circumsta nces of the COVID -19 state of emergency; and (2) finds that the state of emergency continues to directly impact the ability of the members of the City’s legislative bodies to meet safety in person and Cal OSHA continues to recommend measures to promote social distancing.

SUMMARY:

To continue to have the ability to meet remotely pursuant Government Code Section 54953(e) (AB 361), the City Council must make certain finings no later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. The City Council reconsiders the findings it previously made and then makes a determination of whether the State’s COVID -19 declared state of emergency continues to impact the ability of all of the members of the City’s legislative bodies from meeting sa fely in person and as a result of the state of emergency, meeting in person presents imminent risks to the health and safety of attendees. Accordingly, the City Council has previously held that the City's legislative bodies may continue to use virtual tele conferenced meetings in compliance with Government Code Section 54953(e).

BACKGROUND INFORMATION:

The City Council and its legislative bodies have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for the City’s legislative bodies to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and the City Council has previously reconsidered the findings and determined that the state of emergency continues to directly impact the ability of members of the City's legislative bodies to meet safely in person.

Since the beginning of the year, there have been several variants including the Delta variant, the Omicron variant (which was prevalent in the begi nning of the year), and now the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. The BA2 variant now accounts for over half of the new COVID cases and is being watched closely in California and in several counties. Recently, the FDA and the CDC authorized an additional COVD-19 booster AGENDA ITEM #9.13
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 367 of 447 shot for people age 50 and older, as a step to offer extra protection for the most vulnerable in case the coronavirus rebounds. This is the fourth dose of the vaccine that is now authorized.

Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recognize the importance of social distancing and states that the fact that particles containing the virus can travel more than six feet, especially indoors, training and instruction should be given to employees in that regard as well as inform that physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID -19 and are most effective when used in combination. As of April 26, 2022, there has been a 21% increase week over week of new cases for a total of 233 new cases cases in the Coachella Valley. 55 of these cases are in the City of Indio and Indio has one new death.

Accordingly, tt remains prudent that we monitor and continue the flexibility of a hybrid format will allow the continuation of the City’s business so that Council or Commission meetings would not have to be cancelled should members have health concerns or are sick and would provide the flexibility to each member of a legislative body to determine for themselves based on their own health matters whether attending a meeting will be risk to their health and safety or to those attending the meeting.

Even if the City Council continues to make the findings as required, the City Council and each of the City’s commissions can continue to meet in person and the chambers can continue to stay open. This determination does not require that meetings only be held remotely. This determination, however, would allow the City to make adjustments if needed (temporarily closing the chambers to the public) should COVID-19 cases rise or new variants threaten the health and safety of the public including staff and members of the City’s legislative bodies.

In conclusion, by reconsidering the circumstances of the state of emergency created by the COVID19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet s afely in person, the public meetings of the City of Indio can continue to be conducted by Zoom for the next 30 days.

APPROVAL(S):

Roxanne Diaz, City Attorney Approved - 27 Apr 2022

AGENDA ITEM #9.13
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 368 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Approve substantial amendment to the FY2021/2022 Annual Action Plan to reprogram unspent Community Development Block Grant Coronavirus (CDBG-CV) Funds in the amount of $81,008.97.

RECOMMENDATION:
1) Approve substantial amendment to the FY2021/2022 Annual Action Plan to reprogram $81,008.97 in unspent Community Development Block Grant-Coronavirus Round 3 (CDBG-CV3) Funds and fund the Coachella Valley Rescue Mission, Martha's Village & Kitchen, and FIND Food Bank to provide services to individuals/households in Indio; and 2) direct the Finance Director to make the necessary budget adjustments.

SUMMARY:

The City has $81,008.97 in unspent CDBG-CV3 Funds, which are currently available for repurposing by the City. This amount remains unspent from the original $110,000 allocation to the United Way of the Desert which implemented the Indio Water Authority Account Delinquency Payment Program. The City would like to reprogram the unspent funds to fund programs/services that prevent, prepare for and mitigate the impacts of COVID -19 to local agencies. Staff is recommending the City Council authorize the reprogramming of those funds to the local agencies (Coachella Valley Rescue Mission, Martha's Village & Kitchen, and FIND Food Bank). The funding levels are summarized in Table 1 of this staff report.

BACKGROUND INFORMATION:

On January 20, 2021, the City Council held a public hearing to approve a Substantial Amendment to the City’s Fiscal Year 19/20 Annual Action Plan. The amendment was required in order to accept a distribution of supplement Community Development Block Grant-Coronavirus (CDBG-CV) Funds from the U .S. Department of Housing and Urban Development (HUD) in the amount of $755,754 as appropriated by the Coronavirus Aid, Relief and Economic Security Act (CARES Act). This round of funding was the 3rd round of CDBG-CV Funds the CARES Act made available to HUD for distribution; hence, this Funding is specifically referred to as CDBG-CV3.

As required by the CARES Act, the CDBG -CV3 Funds are to be used to help prevent, prepare for, and/or mitigate Coronavirus related impacts. After considering various pr ogram options during the public hearing on January 20, 2021, the City Council approved two (2) programs. The first was a rental payment assistance program to be implemented by Lift to Rise (LTR) in the amount of $645,754. The rental assistance was in the f orm of payments made direct to landlords on the renters’ behalf. The second program was a water utility delinquency bill payment assistance program to be implemented AGENDA ITEM #10.1
Approve substantial amendment to the FY2021/2022 Annual Action Plan to r... Page 369 of 447 by the United Way of the Desert (UWD) in partnership with the Indio Water Authority (IWA) in the amount of $110,000. As required, the City entered into Subrecipient Agreements (funding agreements) with LTR and UWD. The expiration date for the Agreements was December 31, 2021.

As of August 15, 2021, LTR had provided rental payment assistance to 292 Indio rental households who were behind on their rent due to COVID -19 and had utilized its entire allocation of $645,754 (which included a program delivery fee of $72,647).

As of October 31, 2021, UWD had provided water bill payment assistance to 45 IWA customers, and had only utilized $28,991.03 of the $110,000 in CDBG -CV3 Funds that UWD had been allocated by the City. (The utilized amount included a program-delivery fee of $2,635.54, which was paid to UWD directly for providing the services. ) UWD informed City Staff that UWD was not going to be able to continue to implement the Program. This resulted in $81,008.97 in CDBG-CV3 Funds being unspent.

These unspent funds have now become available for repurposing by the City for alternate eligible uses.

As is now being proposed being proposed, the Substantial Amendment to the FY21/22 Annual Action Plan would serve to reprogram the $81,008.97 that remained unspent by UWD. The repurpose of those funds would fund the Coachella Valley Rescue Mission, Martha's Village & Kitchen, and FIND Food Bank to fund programs/services that prevent, prepare for and mitigate the impacts of COVID-19 as follows:

Table 1— Proposed Reprogramming of Unspent CDBG-CV1 Funds ($81,008.97)

Public Review and Notification Process: Federal CDBG-CV regulations allow the City to change projects/activities, increase/decrease the amount of funding to programs, or to reprogram funds as needed as long as the proper citizen participation process is followed. This process includes providing sufficient notice to the public regarding the proposed amendments and holding a public hearing to consider public testimony. The City published a 30 -day public review period notice regarding the availability of the amendment documents for public review from April 2 to May 2, 2022. In addition,

AGENDA ITEM #10.1
Approve substantial amendment to the FY2021/2022 Annual Action Plan to r... Page 370 of 447 the City also published a public hearing notice for the May 4 public hearing in The Desert Sun on April 22, 2022. As of the preparation of this staff report, no public comments had been received.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

N/A In current year budget: Yes
Current FY General
Fund Impact:

N/A Budget adjustment: N/A
Next FY Financial
Impact:
$81,008.97 Strategic Objective:

Source of funds: CDBG Fund-Org-Object
Reference:

Fund 230

Additional Financial Details:

There is no impact to the General Fund with the approval of this agenda item. The anticipated expenditures associated with these CDBG-CV3 funded activities will be programmed in the City's budget for next fiscal year. Because the CDBG-CV3 grant is a reimbursable grant program, the City will be reimbursed throughout the year as the City incurs expenses.

ALTERNATIVES:

Direct staff to revise the funding levels and/or funded programs/activities.

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 27 Apr 2022 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

AGENDA ITEM #10.1
Approve substantial amendment to the FY2021/2022 Annual Action Plan to r... Page 371 of 447 City of Indio
City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Approval of FY2022/2023 Annual Action Plan as necessary to receive an allocation of Community Development Block Grant (CDBG) Funds

RECOMMENDATION:

Approve the Fiscal Year 2022/2023 Annual Action Plan for the use of Community Development Block Grant Funds and authorize the City Manager to execute all necessary a greements, documents, and certifications necessary to implement and manage the program.

SUMMARY:

This Public Hearing serves as the second of two (2) public hearings the City is required to conduct as part of the preparation and approval process for the City's Annual Action Plan, which serves as the City's application to the U.S. Department of Housing and Urban Development (HUD). The City is entering its fourteenth year as an eligible CDBG Entitlement Community. Although HUD has not announced the allocation amount for FY22/23 as of the date of the preparation of this staff report, the City has been advi sed to utilize the amount of $875,000 for planning and preliminary discussion purposes. and funding proposed the identify Plan and Annual report staff This Action programs/activities for the upcoming period of July 1, 2022 through June 30, 2023 (FY22/23). All proposed programs are eligible activities per HUD regulations. The City Council must approve the Annual Plan prior to its submittal to HUD for final approval.

BACKGROUND INFORMATION:

The City has received an annual allocation of Community Developmen t Block Grant (CDBG) funds from HUD as a direct entitlement local government since FY 2009/2010. Although HUD has not announced the allocation amount for FY22/23 as of the date of the preparation of this staff report, the City has been advised to utilize t he amount of $875,000 for planning and preliminary discussion purposes. Preparation of the Annual Action Plan requires the City to follow a public participation process in accordance with the City’s adopted Citizen Participation Plan (CPP). Consistent with the City’s CPP, this public hearing is the second of two public hearings that the City is required to conduct in order to meet HUD’s public participation requirements.

CDBG Priority Areas as Identified by Consolidated Plan 2019-2024 In June 2019, the City Council approved its latest 5-Year Consolidated Plan as required by HUD, that identified the established priorities for the City’s use of CDBG funding during the term of the Consolidated Plan. This upcoming program year represents Program Year 4 (of 5) of the Consolidated Plan. (Each year, funding and programs are individually represented and described in an Annual Action Plan.)
AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 372 of 447

The Consolidated Plan identified five (5) essential types of priorities that need to be addressed over the 5-year implementation period. They are as follows:

1. Public infrastructure improvement projects in residential neighborhoods such as street light improvements and street rehabilitation projects.

2. Home improvement and energy-efficiency programs for low-income residents;

3. Job-training, job-creation/retention; and, business assistance;

4. Fair and affordable housing programs, especially targeting extremely low- and low-income households, including home-ownership programs; and,

5. Increased public services through local non -profits, particularly services and programs for homeless families and individuals.

The Consolidated Plan also identified several target populations that include extremely low -income and low-income households, homeless persons, seniors and frail elderly, youth, and persons with disabilities.

To receive the City’s FY22/23 allocation of C DBG Funds, the City Council must adopt the Annual Action Plan (Attachment A) after holding a required public hearing and considering public input, if any.

Funded activities listed in the Annual Action Plan must be consistent with the funding priorities identified in the City’s 5-year Consolidated Plan and must principally benefit low to moderate-income households/individuals. Considering these requirements, as well as preliminary direction and support received from the City Council during an initial public hearing held by the Council on March 16, 2022.

Staff has summarized the recommended utilization of the FY22/23 CDBG allocation in this report.

Upon receiving notification from HUD of the City's official allocation, staff will modify the level of funding to respective activities accordingly.

The recommended projects/activities as presented in this report place an emphasis on utilizing a majority of the CDBG allocation to complete urgently -needed public infrastructure improvements in CDBG-eligible residential neighborhoods. These improvements will have a significant impact in the target neighborhoods and will result in the maximum benefit to the community and specifically low/moderate income residents once addressed. As publicly discussed during the March 1 6, 2022 public hearing, street rehabilitation, ADA ramp upgrades, and other concrete/asphalt improvements would be completed in two adjoining residential neighborhoods known as the Zalay Ranch and Park Paseo neighborhoods. They are located east of Clinton St., west of Monroe St., and directly south of Miles Ave.

(section intentionally left blank)

AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 373 of 447

FY22/23 A nnual Action Plan Proposed Projects/Activities for the use of regular -allocation funds (FY2022 Projected Annual Allocation: $875,000):

Following is a brief summary of each of the proposed funded projects/activities that have been included in the Annual Action Plan:

Administration: The administrative costs allowance (subject to a 20% cap) is $175,000. The funds will be utilized to support personnel costs, internal service fee charges, consulting services, and other operating expenses. This amount will be adjusted to be 20% of the final yearly allocation once the funding is confirmed by HUD.

Public Services (subject to 15% cap): The proposed funding, in the total amount of $59,000, will fund two (2) agencies that provide services to individuals/households in Indio. Inland Fair Housing & Mediation Board (IFHMB) provides fair housing and landlord/tenant mediation services that help prevent housing discrimination and displacement. The Indio Senior Center will provide meals to Indio senior citizens through its Meals on Wheels Program.

Other local agencies (Coachella Valley Rescue Mission, Martha's Village & Kitchen, and FIND Food Bank) that have been traditionally funded with CDBG Funds to provide services to homeless and food insecure individuals/residents will be considered for funding from an alternate allocation

AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 374 of 447 of available CARES Act Supplemental Community Development Block Grant Coronavirus (CDBG-CV) Funds. That funding will be considered via a separate public hearing action that will also be presented to Council on May 4, and woul d have undergone a Substantial Amendment public consultation process prior to approval.

Public Infrastructure — Neighborhood Revitalization: The Public Works Department would utilize $641,000 to complete urgently needed public infrastructure improvements in CDBG-eligible residential neighborhoods. The improvements would include street rehabilitation/reconstruction, sidewalk installation, Americans with Disabilities Act (ADA) curb ramp upgrades and/or other improvements that will have a significant impact in a neighborhood and that result in the maximum benefit to the community and residents once addressed. The funding will also be used to fund soft costs such as engineering, project/construction management, inspection services, and/or consultant services such as Davis-Bacon Act labor compliance services.

At the March 2 City Council meeting, the Council supported shifting its funding allocation strategy to allow the City to keep a majority of the CDBG funding in-house to address urgent public infrastructure needs in eligible residential neighborhoods, while utilizing other available funding, such as from the City's CARES Act Supplemental CDBG -CV funds to fund homeless services. Over the next fiscal year, staff will work closely with the County of Riverside, local non-profits, and local public agencies (and Cities) to identify a long term sustainable source of funding to support homeless service providers in a coordinated and strategic manner. The City Manager and Staff have already initiated discussions with local non-profit agencies.

Public and City Participation —As required by HUD and consistent with the City’s current Citizen Participation Plan, staff has encouraged public involvement in the preparation of the Annual Action Plan. As in previous years, staff involved the City Council early in the Action Plan preparation process and gave multiple opportunities for the general public to be involved. On March 2, 2022, during the regular City Council meeting, the Council had public discussions and provided direction regarding the use of funds and a new funding strategy. On March 16, 2022, the City Council held an initial Public Hearing (the 1st of 2 required public hearings) which was noticed in the Desert Sun on March 5, 2022.

Both of these meetings were open to the public and held during the preparation of the Annual Action Plan. As required, these meetings provided members of the public an opportunity to provide public comments regarding perceived community needs regarding housing, infrastructure, neighborhoo d services, community services, business and jobs, and special needs services.

Public Review and Notification Process:

As required by HUD, staff made the draft Annual Action Plan available on -line for a 30 -day public review period from April 2 to May 2, 2022. The Plan was also available upon request to the Community Development Department. Additionally, the City published a required public notice in the Desert Sun, the City’s newspaper of record, announcing the availability of the Plan for public re view. As of the preparation of this staff report, no public comments had been received.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

N/A In current year budget: N/A
Current FY General
Fund Impact:

N/A Budget adjustment: N/A
Next FY Financial
Impact:
$875,000 Strategic Objective:

AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 375 of 447 Source of funds: CDBG Fund-Org-Object
Reference:

Fund 230

Additional Financial Details:

The anticipated expenditures associated with these CDBG funded activities will be programmed in the City’s budget for next fiscal year. Because the CDBG grant is a reimbursable grant program, the City will be reimbursed throughout the year as the City incurs expenses.

ALTERNATIVES:

Direct staff to revise the funding levels and/or funded programs/activities in the Annual Action Plan as approved by the City Council and approve the revisions and authorize staff to submit the revised Annual Action Plan to HUD as required.

ATTACHMENTS:

Attachment A- 2022-2023 Annual Action Plan

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 27 Apr 2022 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 376 of 447

CITY OF INDIO
2022-2023 Annual Action Plan

AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 377 of 447 Annual Action Plan
2022
1 OMB Control No: 2506-0117 (exp. 09/30/2021)
Table of Contents
Executive Summary ............................................................................................................... 2 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ..................................................................2 PR-05 Lead & Responsible Agencies – 91.200(b) ..............................................................................5 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ...........................................................................6 AP-12 Participation – 91.105, 91.200(c) ......................................................................................... 11 Expected Resources ............................................................................................................. 12 AP-15 Expected Resources – 91.220(c)(1,2) ................................................................................... 12 Annual Goals and Objectives ............................................................................................... 14 Projects ........................................................................................................................................ 16 AP-35 Projects – 91.220(d) ............................................................................................................ 16 AP-38 Project Summary ................................................................................................................ 17 AP-50 Geographic Distribution – 91.220(f) .................................................................................... 20 Affordable Housing ............................................................................................................. 21 AP-55 Affordable Housing – 91.220(g) ........................................................................................... 21 AP-60 Public Housing – 91.220(h) .................................................................................................. 22 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ..................................................... 24 AP-75 Barriers to affordable housing – 91.220(j) ........................................................................... 27 AP-85 Other Actions – 91.220(k) ................................................................................................... 28 Program Specific Requirements ........................................................................................... 32

AGENDA ITEM #10.2
Approval of FY2022/2023 Annual Action Plan as necessary to receive an al... Page 378 of 447 Annual Action Plan
2022
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The Annual Action plan must provide a concise summary of the federal resources expected to be available. These resources include Community Development Block Grant (CDBG) Funds, anticipated program income, and other resources such as private and non-federal public sources that are reasonably expected to be available to the City of Indio to carry out its Strategic Plan contained in the 2019-2024 5- year Consolidated Plan, over the course of the 2022 program year. The City’s Fiscal Year 2022/2023 (FY22/23) CDBG allocation is TBD.

Method of Determining Annual Objectives
In preparing the Annual Action Plan (AAP), the City utilized several methods to analyze the housing and community development needs of Indio. Methods surveying community residents and stakeholders, analyzing U.S. Census data and utilizing information in several City and county planning documents. The City hosted public hearings and met with organizations as an effort to outreach to and encourage the participation of all residents, particularly low- and moderate-income residents, elderly persons and persons with disabilities. The purpose of the meetings was to inform the community about the AAP process and to identify opportunities to improve collaborative efforts and eliminate service delivery gaps to develop and sustain decent and affordable housing, suitable living environments and expanded community and economic opportunities.

Annual Action Plan Format
In 2012, HUD released its new e-Con Planning Suite with interactive tools and resources for grantees to use in the preparation of the Consolidated Plan and Annual Action Plan in the Integrated Disbursement and Information System (IDIS). This new tool provides data from HUD-selected sources, primarily 2010 Census data and the American Community Survey (ACS) data set. Despite the primary reliance on HUD- selected data sources, grantees are permitted opportunities to customize their Consolidated Plans and Annual Action Plans.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

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This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

In June 2019, the City Council approved a 5-Year Consolidated Plan, as required by the US Department of Housing and Urban Development (HUD) that identified the priorities for the City’s use of CDBG funding during the term of the ConPlan. The City identified the following objectives to be addressed during the 2022-23 planning period:
• Public infrastructure improvement projects in residential neighborhoods such as streetlight improvements and street rehabilitation projects.
• Fair and affordable housing programs, especially targeting extremely low- and low-income households, including home-ownership programs; and,
• Increased public services through local non-profits, particularly services and programs for homeless families and individuals; and
• Programs that promote and/or create fair and affordable housing, especially targeting extremely low- and low-income households

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Each year, the U.S. Department of Housing and Urban Development (HUD) assesses the City of Indio’ management of CDBG program funds, the City’s compliance with the ConPlan, and the extent to which the City is preserving and developing decent affordable housing, creating a suitable living environment and expanding economic opportunities. Overall, the City has performed satisfactorily in addressing its priority needs and carrying out the programs described in the ConPlan.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

March 2, 2022 A City Council Meeting was held to solicit public input regarding community needs and funding alternatives. Council provided input and consensus regarding funding and activities to bring back in a draft AAP on March 16.

March 16, 2022 Public Hearing No. 1 was held by the City Council to consider the draft AAP.

Council authorized staff to move forward with the draft and activities presented later in AP35 . The required Public Hearing Notice was published in the Desert Sun newspaper on March 5th.

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April 2 to May 2, 2022 A 30-Day Public Review Period for the Draft AAP was held. The required Public Notice was published in the Desert Sun newspaper on March 5. COMMENTS TBD May 4, 2022 Public Hearing No. 2 (final public hearing) was held by the City Council to consider approval of the AAP. Public Hearing Notice was published on April 24. COMMENTS TBD

5. Summary of public comments

COMMENTS TBD

6. Summary of comments or views not accepted and the reasons for not accepting them Not Applicable

7. Summary
The recommended projects/activities as presented in this AAP place an emphasis on utilizing a majority of the CDBG allocation to complete urgently needed public infrastructure improvements in CDBG- eligible residential neighborhoods. These improvements will have a significant impact in the target neighborhoods and will result in the maximum benefit to the community and specifically low/moderate income residents once addressed. Street rehabilitation, ADA ramp upgrades, and other concrete/asphalt improvements would be completed in two adjoining neighborhoods known as the Zalay Ranch and Park Paseo neighborhoods. They are located east of Clinton St., west of Monroe St., and directly south of Miles Ave. During the program year, the City will utilize any remaining unspent CDBG-CV Funds to fund local non-profit agencies to prevent, prepare for, and respond to coronavirus (COVID-19). These will be done through the processing of Substantial Amendments of prior Fiscal Year Action Plans as may be necessary.

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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
CDBG Administrator INDIO Community Development Department, Division of Housing and Neighborhood
Services
Table 1 – Responsible Agencies

Narrative (optional)
The City of Indio Community Development Department is the lead agency for overseeing the development of the Consolidated Plan. This Department is also responsible for the preparation of the Annual Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER) and CDBG program administration.

Consolidated Plan Public Contact Information
Jesus Gomez, Housing and Neighborhood Services Manager
100 Civic Center Mall
Indio, CA 92201

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Under a City Council- City Manager form of government, the City Council appoints and provides policy direction to the City Manager, who is responsible for administering the City’s daily operations. As the elected legislative body of the City of Indio, the City Council has overall responsibility for the scope, direction and financing of City services. In setting policy, the City Council works closely with citizen advisory commissions and committees, considers staff information and recommendations, and receives comments from the general public during open forums, such as in City Council Meetings. In the preparation of the Annual Action Plan, the City has consulted with public departments and agencies, social service and non-profit organizations to understand the community’s needs and available resources. The City met with several internal City department representatives to provide information about the AAP and its processes. Department staff provided input on how CDBG resources could be used and leveraged to provide services. The City of Indio specifically contacted agencies representing persons with HIV/AIDS, homeless persons, low-income youth, and persons with disabilities, elderly persons, and persons with alcohol and/or substance abuse problems. Additionally, cities and governments within the region were contacted and consulted as well.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The principal provider of community development and economic development programs, housing projects, and financial support will be the City of Indio. However, The Housing Authority of the County of Riverside (HARIVCO) administers the Section 8 Voucher program and manages public housing located in the County. According to HARIVCO, funding to modernize the public housing units to ensure long-term physical and social viability of the developments is done through the HUD yearly funded Capital Fund Program. Capital Program activities to be undertaken by HARIVCO are identified in the Public Housing Agency (PHA) 5 Year and One-Year Action Plans. The residents are invited each year to contribute to the drafting of the Housing Authority’s Plan and planned use of Capital Fund monies. A resident advisory board is formed and meets at least twice each year to review the PHA’s strategy and policies for both public housing and tenant-based housing. The City works closely with to qualify Indio residents for Section 8 Housing Choice Vouchers. The City provides information on the availability of Section 8 programs to qualified residents. Other key health, mental health and service agencies that the City works closely with are the Riverside County Human Resources Division, Disabled Access Office; Riverside County Department of Public Services 2017 and Homeless Count; and Riverside Housing Department of Public Health, Childhood Lead Poisoning Prevention Program (CLPPP).

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Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City participates in various Committees, Taskforces and Meeting Groups with other Cities and non- profit agencies to coordinate other services. For example, City staff participated in monthly meetings of the Coachella Valley Association of Governments (CVAG) Homelessness Committee Meetings This representation in the CVAG Homelessness Committee ensures that homelessness issues are addressed in Indio. Also present in those meetings are County of Riverside's Mental Health and Continuum of Care Members that work collectively to address a variety of underserved needs in the Coachella Valley.

City staff also participates in the Coachella Valley Workforce Housing Trust Taskforce meetings to work with other agencies and businesses (through a public/private partnership) to address the affordable and workforce housing needs on a regional basis. Staff also participated in Riverside County’s Housing Program Network Meetings held in Riverside to discuss regional housing issues.

The City's Housing Programs Manager was also designated as the City's designated representative on the Continuum of Care Steering Committee with the County and participates in a multitude of related committees/subcommittees.

The City also spearheaded a sub-committee to conduct the Homeless Count and Survey of the sheltered and unsheltered homeless population in February 2022. This was a requirement of the County of Riverside Continuum of Care. The City met multiple times with local stakeholders that would assist with the Count. The stakeholders included the County, local churches, the local homeless shelters, Coachella Valley Rescue Mission, Martha’s Village and Kitchen, and other City volunteers. The County and Survey was a success.

Altogether, City of Indio staff participated in a variety of programs and efforts to overcome possible gaps in institutional structure and enhance coordination. Staff also participated in HUD-sponsored workshops and trainings and worked with the County of Riverside and other Entitlement Communities to develop an informal peer-networking group.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive ESG funding. However, the City works closely with the continuum of care homeless system to create funding policies and procedures. The City supports the network of homeless

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service providers existing in Indio. In addition, the City supports the efforts of the County of Riverside to end chronic and episodic homelessness, which include:
• Adding a Street Outreach Team in each Supervisorial District. • Creating additional emergency shelter and transitional housing beds throughout the County. • Creating new permanent supportive and affordable housing units throughout the County.

The City also supports the key objectives of the Coachella Valley Area Governments Eastern Coachella Valley Homeless Plan that includes the increase of emergency services which will be accomplished by:
• Identifying service gaps.
• Implementing additional services at existing sites.
• Coordinating with outside agencies for other on-site (access center) services.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities

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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization INDIO
Agency/Group/Organization Type Other government -
Local
What section of the Plan was addressed by Consultation? Housing Need Assessment
Homeless Needs -
Chronically homeless
Homeless Needs -
Families with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
Homelessness Strategy
Non-Homeless Special
Needs
Market Analysis
Anti-poverty Strategy
Lead-based Paint
Strategy
Briefly describe how the Agency/Group/Organization was consulted.

What are the anticipated outcomes of the consultation or areas for improved coordination?
All applicable agencies
were consulted.

Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable

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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
County of
Riverside
The County of Riverside is a Continuum of Care (COC) applicant and conducts homeless counts, surveys of the homeless
population, and strategic planning to end homelessness.

Consistent with the goals of the COC, the City of Indio's Strategic Plan will provide support to nonprofits that meet the social services needs of the City’s residents with an emphasis on the homeless.

City of Indio Housing
Element
Based on the Regional Housing Needs Allocation (RHNA) set forth by the State of California, the Housing Element is the City's chief policy document for the development of affordable and market rate housing. Consistent with this policy document, the City will maintain and enhance the quality of existing residential neighborhoods through a joint effort between various City Department; and, promote and encourage fair housing
opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)
All applicable agencies were consulted. A complete list of the organizations consulted, and anticipated outcomes are a part of "Unique Attachments" listed in HUD’s Integrated Disbursement and Information System (IDIS).

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting March 2, 2022 A City Council Meeting was held to solicit public input regarding community needs and funding alternatives. Council provided input and consensus regarding funding and activities to bring back in a draft AAP on March 16 ,2022. This served as an additional forum for the City Council, residents, and interested organizations to express their views on the City Council’s Fiscal Year 2022-2023 Annual Action Plan.

Public Hearings
March 16, 2022 Public Hearing No. 1 held by the City Council to consider the draft AAP. Council authorized staff to move forward with the draft and activities presented later in AP35 . The required Public Hearing Notice was published in the Desert Sun newspaper on March 5th.

May 4, 2022 Public Hearing No. 2 (final public hearing) was held by the City Council to consider approval of the AAP. Public Hearing Notice was published on April 24. COMMENTS TBD 30-Day Public Review Period
April 2 to May 2, 2022 30-Day Public Review Period for the Draft AAP. This period allowed members of the public to review and comment on the draft plan. A copy of the draft documents have been made available for public review through the City’s website The required Public Notice was published in the Desert Sun newspaper on March 5. COMMENTS TBD
Citizen Participation Outreach
Sort Or
der
Mode of Ou
treach
Target of Ou
treach
Summary of
response/atte
ndance
Summary of
comments re
ceived
Summary of co
mments not
accepted
and reasons
URL (If
applica
ble)
1 Public
Hearing
Non-
targeted/bro
ad
community
Not Applicable Not
Applicable Not Applicable
2 Newspaper
Ad
Non-
targeted/bro
ad
community
Not Applicable Not
Applicable Not Applicable
Table 4 – Citizen Participation Outreach

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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Indio anticipates receiving an annual funding allocation of $875,000 in CDBG during FY 2022/23. These figures are estimates based on a 2021 HUD Grantee Summary and the assumptions that CDBG funding, entitlement funding distribution formulas and/or the number of communities eligible to receive entitlement grants will remain constant.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount Available
Remainder of
ConPlan $
Narrative Description
Annual
Allocation: $
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 875,000 0 0 0 875,000
Funding Allocation for
City programs for
FY2022/23 has not yet
been released by HUD.

The annual allocation
stated in this plan may
change.

Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City does not receive HOME, ESG, HOPWA, Section 8, Competitive McKinney-Vento Homeless Assistance Act Funds, HOME Match, or ESG Match. Therefore, there will be no leveraging for these funds. However, the City will leverage CDBG funds with City General Funds and Housing Funds to maximize resources available to provide needed service.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City does not have any publicly owned land or property that will be used for this plan.

Discussion
A substantial Amendment to FY21/22 AAP will be completed in May 4, 2022 to reprogram $81,008.97 in unspent CARES Act CDBG-CV Funds. These funds will support Coronavirus related homeless programs.

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These program and allocations are as follows: Coachella Valley Rescue Mission: $27,000; Martha’s Village and Kitchen: $27,000 and FIND Food Bank: $27,008.97. The non-profits will implement their respective programs starting July 1, 2022 (FY22/23). The Subrecipient Funding Agreements will be dated July 1, 2022, and will expire June 30, 2023.

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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Neighborhood
Preservation
2022 2023 Affordable
Housing
Non-Housing
Community
Development
City Wide
CDBG
Maintain and
enhance the
quality of
existing
residents
Promote
affordable
housing
opportunities
for all
CDBG:
$641,000
Public Facility
or
Infrastructure
Activities for
Low/Moderate
Income
Housing
Benefit: 800
Households
2 Social and
Economic
Support
2022 2023 Non-
Homeless
Special
Needs
City Wide
CDBG
Maintain and
enhance the
quality of
existing
residents
CDBG:
$59,000
Public service
activities other
than
Low/Moderate
Income
Housing
Benefit: 210
Persons
Assisted
Homelessness
Prevention: 20
Persons
Assisted
Other: 2900
Other

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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
3 CDBG
administration
2022 2023 Affordable
Housing
Public
Housing
Homeless
Non-
Homeless
Special
Needs
Non-Housing
Community
Development
City Wide Maintain and
enhance the
quality of
existing
residents
support of
nonprofits
that to meet
the social
services
Promote
affordable
housing
opportunities
for all
CDBG:
$175,000
Other: 0 Other
Table 6 – Goals Summary

Goal Descriptions

1 Goal Name Neighborhood Preservation
Goal
Description
To preserve, rehabilitate and enhance existing neighborhoods, and housing as applicable, through the City’s Better Neighborhoods Program and complete public infrastructure improvements and rehabilitate sub-standard housing. 2 Goal Name Social and Economic Support
Goal
Description
Promote and encourage fair housing and economic opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size.
3 Goal Name CDBG administration
Goal
Description
Administration and planning activities are necessary to implement/oversee/manage the City's CDBG Program.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The activities to be undertaken during 2022-2022 are summarized below. All activities listed in the table are expected to be completed no later than June 30, 2023.

Projects
# Project Name
1 Administration
2 Fair Housing Services
3 Meals on Wheels Program
4 Public Infrastructure—Neighborhood Revitalization
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These allocations were made to continue meeting the needs addressed in the Consolidated Plan and to fulfil the City’s strategic objectives.

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AP-38 Project Summary
Project Summary Information
1 Project Name Administration
Target Area City Wide
Goals Supported CDBG administration
Needs Addressed Maintain and enhance the quality of existing residents support of nonprofits that to meet the social service
Promote affordable housing opportunities.

Funding CDBG: $175,000
Description Funds will be used to provide CDBG Program Administration.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
Not Applicable
Location Description Citywide
Planned Activities Grant management/oversight/operations 2 Project Name Fair Housing Services
Target Area City Wide
Goals Supported Social and Economic Support
Needs Addressed support of nonprofits that meet social service needs Funding CDBG: $35,000
Description To provide comprehensive services that affirmatively address and promote fair housing (anti-discrimination) rights and landlord/tenant services to Indio residents.

Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
205 households will benefit

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Location Description Citywide
Planned Activities Landlord/Tenant services such as education (i.e., outreach, public awareness, individualized counseling) and training / technical assistance (i.e., pro-active workshops preventing complaints and violations); and Anti-Discrimination such as enforcement (i.e., compliant intake, investigation, resolution options)
3 Project Name Meals on Wheels Program
Target Area City Wide
Goals Supported Social and Economic Support
Needs Addressed support of nonprofits that meet the social service needs Funding CDBG: $24,000
Description Expansion of current program to provide additional meals to seniors Target Date 6/30/2023
Estimate the
number and type of
families that will
benefit from the
proposed activities
100 seniors will be assisted
Location Description Citywide
Planned Activities Meals to seniors
4 Project Name Public Infrastructure—Neighborhood Revitalization Infrastructure Improvement project
Target Area CDBG
Goals Supported Neighborhood Preservation
Needs Addressed Maintain and enhance the quality of existing residents Funding CDBG: $641,000
Description Public infrastructure improvements to existing streets, sidewalks, curbs, and ramps to meet current Americans with Disability Act (ADA) standards to increase existing accessibility.

Target Date 6/30/2023

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Estimate the
number and type of
families that will
benefit from the
proposed activities
800 households in low/moderate-income neighborhoods
Location Description (South/West Quadrant of Miles Avenue and Clinton Street) the two neighborhoods located west of Clinton, east of John F. Kennedy, just South of Miles

Planned Activities Improvement to public infrastructure for increased accessibility. Including but not limited to: Street rehabilitation/reconstruction, sidewalk installation, Americans with Disabilities Act (ADA) curb ramp upgrades and/or other improvements that will have a significant impact In a neighborhood and that result in the maximum benefit to the community and residents once addressed.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Indio will use a place-based strategy during the planning period. The geographic distribution of funding is predicated somewhat on the nature of the activity to be funded. It is the City’s intent to fund activities in the areas most directly affected by the needs of low-income residents and those with other special needs. The Annual Action Plan directs investment geographically to an area benefit neighborhood, which are typically described as CDBG Eligible Census Tracts. The area benefit category is the most commonly used national objective for activities that benefit a residential neighborhood. An area benefit activity is one that benefits all residents in an area, where at least 51% of the residents are low and moderate-income persons. Public infrastructure improvements are an area benefit activity when they are in a predominately low- and moderate-income neighborhood.

Geographic Distribution
Target Area Percentage of Funds
City Wide 35
CDBG 65
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically The basis for assigning the priority to each category was based on the identified needs expressed during the consultation and citizen participation process. In addition, priorities were determined by information gathered from the Census, a market study and existing community documents, which include the City of Indio’ Housing Element. It is the City’s intent to fund activities in the areas most directly affected by the needs of low-income residents and those with other special needs. To create substantive neighborhood improvements and stimulate additional, unassisted improvement efforts, the City will focus a portion of its housing-related funding in targeted low-income and special needs neighborhoods.

Discussion

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City shall encourage the development of housing units for households earning 30 percent or less of the Median Family Income for Riverside County. Specific emphasis shall be placed on the provision of family housing and non-traditional housing types such as single-resident occupancies, transitional facilities and housing units serving temporary needs. The City will encourage development of housing for extremely-low income households through a variety of activities such as outreach to nonprofit and through discussions with for-profit housing developers, providing in-kind technical assistance for housing developers, financing and funding assistance and expedited processing as appropriate.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One-Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 10 - One-Year Goals for Affordable Housing by Support Type

Discussion
According to the SCAG 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Growth Forecast adopted in April 2012, the population of Indio is forecast to increase to 111,800 residents by 2035, which will be an increase of 47.0 percent from 2010.

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AP-60 Public Housing – 91.220(h)
Introduction
This section describes what actions the City will take in the given program year to carry out the public housing portion of the Strategic Plan contained in the Consolidated Plan. The section will identify the way its plan will address the needs of public housing during the program year. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the City will describe the way it will provide financial or other assistance to improve the operations of the public housing agency to remove such a designation.

Actions planned during the next year to address the needs to public housing The City of Indio does not own public housing. The City works in close collaboration with HARIVCO to provide public housing within the City. Indio will continue to work independently and closely with HARIVCO and local nonprofits to provide assistance to low-income families. As population demographics continue to change, the City will continue to work with HARIVCO and local (and regional) nonprofits to develop public housing projects in Indio. The City and the County of Riverside work together to provide the following Section 8 assistance:
• Housing Choice Voucher Program (HCV) - This is the County’s Section 8 voucher program, which includes other programs and services available to HCV participants, such as Moving to Work.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
HARIVCO encourages resident involvement through various methods, particularly focusing on self- sufficiency and enhancing the quality of one’s own life. HARIVCO connects residents and participants to services, activities, and other organizations that promote that vision. There are Neighborhood Network Centers (including public computer centers) and community partnerships for residents to utilize. On the HARIVCO website, resident can locate relevant services and service providers in dedicated “resident” and “resident services” sections. Additionally, HARIVCO provides newsletters and reports about the status of its programs and residents for current and future participants. This program is available to low/moderate income homebuyers in Indio.

If the PHA is designated as troubled, describe the manner in which financial assistance will be

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provided or other assistance
HARIVCO is not designated as “troubled.”
Discussion
With the completion of the General Plan amendment in 2020, the City anticipates higher density residential development with more affordable units. The possibility exists that a lower-than-anticipated number of lower-income units could be developed on sites identified as either entitled projects. The City will strive to meet its fair share of the regional need for lower-income units in the current 5th Cycle, as well as pursue goal achievement of 6th Cycle RHNA goals.

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
This section describes the City’s one-year goals and the specific actions steps it will undertake in the program year to carry out the homeless strategy outlined in the Consolidated Plan Homelessness Strategy. It will also describe the jurisdiction’s one-year goals and specify the activities it will undertake to serve the housing and supportive service needs of non-homeless populations who require supportive housing.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
One-year Goal 1: Encourage Housing for Extremely low-Income Households The City shall encourage the development of housing units for households earning 30 percent or less of the Median Family Income for Riverside County. Specific emphasis shall be placed on the provision of family housing and non-traditional housing types such as single-resident occupancies, transitional facilities and housing units serving temporary needs. The City will encourage development of housing for extremely low-income households through a variety of activities such as outreach to nonprofit and for- profit housing developers, providing in-kind technical assistance for housing developers, financing and funding assistance and expedited processing as appropriate.

One year Goal 2: Outreach by the City’s Quality of life (QOL) team In addition to reaching out to homeless individuals and households through the work of the local homeless shelters and service providers, the City will be employing the City’s Quality of Life Team. The Quality of Life (QOL) Team is made up of uniformed police officers that have been trained and have the capacity to work closely with the homeless community, as well as other local County and service agencies who can provide valuable services to the homeless individuals/households. The QOL Team is also made up of support staff, as well as a licensed social worker, that serves as an additional resource. The social worker not only establishes key relationships with the homeless community, but also makes the necessary connections between the homeless clients and key resources. Since employing this team, the City has improved the level and form of interaction with the homeless community and has improved the quality of life of its residents.

Addressing the emergency shelter and transitional housing needs of homeless persons State Housing Law requires that cities identify sites that can adequately accommodate emergency

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homeless shelters. Additionally, cities must not unduly discourage or deter these uses. With the adoption of Ordinance Nos. 1633 and 1634, the Zoning Map was amended to designate an Emergency Shelter Overlay Zone District for emergency shelters at specific sites. In addition, Municipal Code definitions related to housing, including emergency shelters, transitional housing and supportive housing were amended such that transitional and supportive housing are residential uses subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

These amendments were requirements of State law (SB 2).

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Martha’s Village and Kitchen run a full- service program that helps homeless persons make the transition to independent living. While this program is not directly run by the City, Martha’s Village and Kitchen provides the model of their program to the City. In addition, the program has been funded through the City of Indio’s CDBG program.

The City is supporting Meals on Wheels during the 2022-23 fiscal period. Meals on Wheels is part of the solution to homelessness and helps with homeless prevention. Its Food and Shelter program provides thousands of meals to seniors in the Coachella Valley.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

Rental assistance is a component of the City’s strategy to prevent homelessness by individuals and families who are at risk of homelessness. Among this group are extremely low-income renters who are spending more than 50% of their income on housing costs. Also, among the people who are threatened with homelessness, are the persons and families on the Section 8 waiting list. The City will continue to support the County of Riverside Housing Authority’s Section 8 rental assistance program. In addition, the City will encourage and facilitate the Housing Authority’s landlord outreach efforts in Indio. In addition, the City’s fair housing provider will assist those renters and homeowners in jeopardy of losing their housing. They will mediate landlord/tenant complaints and work with the tenant in formulating a plan, such as a rent repayment plan, and mediate with the landlord in accepting the terms so that the tenant

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is not eventually evicted. Through its default and foreclosure counseling, the Housing Resource Center’s first charge is to assist the homeowner in obtaining a loan modification or workout plan that will keep them in their home. Both actions contribute to preventing homelessness.

Discussion
The City’s strategy for assisting the homeless, those at risk of becoming homeless, and other special needs groups is focused on funding supportive services and programs in Indio. These include the following:

1. Fair Housing Services and Tenant/Landlord Mediation (Inland Fair Housing and Mediation Board) Activity: Free and confidential fair housing counseling regarding housing rights and responsibilities, discrimination investigation services, and mediation services

2. Meals on Wheels Program (Indio Senior Center)
Activity: Expansion of the current Meals on Wheels Program to serve more seniors and increase daily meals

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City’s Housing Element includes an analysis of potential and actual governmental constraints on the maintenance, improvement, or development of housing for all income levels, including land-use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. Notable barriers to developing affordable housing in Indio include:
• Market Constraints
• Constructions Costs
• Labor and Land Costs
• Governmental Constraints
• Land-Use Controls
• Land-Use Designations
• Geologic and Other Environmental Constraints
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
In April 2022, the State’s Department of Housing and Community Development (HCD) approved the City’s Housing Element Update. The update included an analysis of governmental constraints, which is summarized below. The City’s general plan and zoning code were also amended to encourage affordable and transitional housing. Because of the analysis, the City concluded that its policies and current practices do not create significant barriers to affordable housing. However, because of new State laws, such as SB 2, the City will need to adopt new land use and other standards to facilitate and encourage the production of affordable housing. For example, development standards for Single Room Occupancy (SRO) housing units will need to be established. In addition, some existing policies – such as density bonuses – will need to be refined to address the requirements of a recently enacted law (SB 1818).

Discussion:

The City is committing to removing or ameliorating the barriers to affordable housing. The full listing of actions can be found in the current Housing Element, which provides a description of each barrier, its significance to affordable housing in Indio, and the actions planned/taken to remove or ameliorate the negative effects of the barriers.

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AP-85 Other Actions – 91.220(k)
Introduction:

The section will describe the City’s planned actions to carry out the following strategies outlined in the Consolidated Plan:
• Foster and maintain affordable housing;
• Evaluate and reduce lead-based paint hazards;
• Reduce the number of poverty-level families;
• Develop institutional structure; and
• Enhance coordination.

In addition, the City will identify obstacles to meeting underserved needs and propose actions to overcome those obstacles.

Actions planned to address obstacles to meeting underserved needs The two primary obstacles to meeting the needs of underserved populations in Indio are:
• Limited City Funding for support services,
• Costs associated with acquiring and maintaining affordable housing for low and extremely low (homeless) income residents
The City of Indio will take the following actions to address obstacles to meeting underserved needs:
• Promote and encourage housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size. • Maintain and enhance the quality of existing residential neighborhoods. • Provide support services to meet the housing needs of the City’s residents, specifically homeless households and at-risk youth other special needs groups. • Improve the quality and increase the quantity of public improvements that benefit low- and moderate-income residents.

Provide services to non-homeless special needs populations.

Actions planned to foster and maintain affordable housing The City supports cooperation in the development of affordable housing through financial and/or technical assistance. The City will cooperate with developers to provide housing opportunities for extremely-low, very-low, low and moderate-income households. The City shall also evaluate the

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effectiveness of its partnerships with non-profit housing developers on an annual basis. Based on its findings, the City will seek ways to expand and foster its partnerships as appropriate. The City will assist and encourage housing development for extremely-low, very-low, low and moderate-income households through a variety of activities such as providing in-kind technical assistance, funding support, land write-downs, expedited processing, fee deferrals, and incentives and concessions that meet or exceed State density bonus law as appropriate. The City shall also encourage the development of housing units for households earning 30 percent or less of the Median Family Income for Riverside County. Specific emphasis shall be placed on the provision of family housing and non-traditional housing types such as single-resident occupancy, transitional facilities and housing units serving temporary needs. The City will encourage development of housing for extremely low income households through a variety of activities such as outreach to nonprofit and for-profit housing developers, providing in-kind technical assistance for housing developers, financing and funding assistance and expedited processing as appropriate.

Actions planned to reduce lead-based paint hazards
The City will continue to work in partnership with the County’s Childhood Lead Poisoning Prevention Programs (CLPPP's). For the outreach program, promotional brochures advertising the program’s lead hazard control activities are developed and distributed. Advertising brochures are printed in both English and Spanish and sent out to those residents with historical childhood lead poisoning cases, blood lead levels above 10 up/dl. CLPPP provided outreach activities and blood lead screening. Other outreach activities included lead poisoning prevention presentations to local communities and immunization clinics and setting up booths at health fairs. Blood lead screening was held at target areas. Promotional products are distributed to families participating in blood lead screening. CLIPP also contributed to our outreach activities with program promotions to landlords and tenants through workshops. Information booths were set up at local malls and County Fairs, and lead-based paint literatures and brochures were distributed to the public at community events. The free lead testing program is also advertised to area residents via a flyer included in neighborhood publications and newspaper within the area. CLIPPS Public Health media production office produced videos on lead-based paint hazard control for landlords, homeowners, and other potential clients as part of their educational and outreach program.

Actions planned to reduce the number of poverty-level families Indio’ antipoverty strategy is closely aligned with the goals and objectives of the overall affordable housing plan. These goals include reducing poverty, creating new and affordable housing, developing and promoting services for at-risk populations, expanding job training, and providing public and social services. The City will also continue partnering with organizations to provide a continuum of services addressing the full range of needs of low- and moderate-income families.

All communities share a goal to eradicate poverty. The City recognizes that a goal to reduce poverty will contribute to the economic wellbeing of individuals and families. The families whose income increases

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above the poverty level will be able to live independent of public and private assistance.

Goal: To reduce poverty level incomes below current levels by 2018. This goal will be monitored – in part - by the results of ACS data.

Policy: To continue to support and coordinate with public and private efforts aimed at preventing and reducing poverty level incomes.

Policy: To conduct outreach with public and private agencies whose mission is to reduce poverty level incomes.

Program: To support and coordinate with the organizations who directly or indirectly contribute to a reduction in poverty such as the Community Action Partnership (CAP) of Riverside County, County of Riverside Housing Authority and Desert Alliance for Community Empowerment.

Actions planned to develop institutional structure
The City maintains primary management of as well as the coordination of the various organizations involved in these processes. The staff within the Community Development Department work closely with other City departments and the community to develop programs and activities that improve low- and moderate-income neighborhoods throughout Indio. The administration of program activities include housing, public facility and infrastructure improvements, public and social service activities and economic development activities. The City collaborates with public agencies, for-profit agencies, and non-profit organizations to provide the programming and services.

Actions planned to enhance coordination between public and private housing and social service agencies
Indio will continue to work closely and partner with the County of Riverside, local organizations, nonprofits, and the HACR to address regional issues that affect the needs of low-income persons, specials needs populations and other at-risk groups.

Discussion:

Through the development of the Policy Program, the City has identified six broad housing priorities:
• To assist in the development of housing opportunities and accessibility for all economic levels in the City.
• To remove constraints that hinder the production and conservation of affordable housing units. • To provide and maintain an adequate supply of sites for the development of new affordable housing. To preserve, rehabilitate and enhance existing housing and neighborhoods.

• To ensure that all housing programs are available without discrimination based on race, color,

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religion, sex, national origin, ancestry, marital status, age, household composition, income, size, disability or any other arbitrary factor.

To encourage and enhance intergovernmental, public and private coordination and cooperation to achieve an adequate supply of housing for all residents of the community.

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0

3. The amount of surplus funds from urban renewal settlements $0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0

5. The amount of income from float-funded activities $0 Total Program Income $0

Other CDBG Requirements

1. The amount of urgent need activities $0

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City Council
May 4, 2022

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Tentative Parcel Map No. 38238 (TPM 21-08-411)

RECOMMENDATION:

Adopt Resolution No. 10265 approving Tentative Parcel Map No. 38238 (TPM 21 -08-411) to subdivide a 6.46 -acre parcel of land into four (4) single family residential parcels, located at 37600 Goodman Road (Assessor’s Parcel Number 750 -310-009) and determine that the project is exempt from the requirements of the California Environmental Quality Act pursuant to Guidelines Section 15315.

SUMMARY:

The Applicant is proposing to subdivide a 6.46-acre parcel into four (4) single-family residential parcels with a dedicated public road/utility easement (Lot B). The proposed new residential lots range from

1.0 acres to 2.0 acres at a density of 0.58 units per acre. The purpose of the subdivision is for the sale, lease or financing of the four (4) single family residential parcels. The project site has a General Plan land use designation of Desert Estates Neighborhood (DEN) and a zoning designation of Equestrian Estates (EE) Zoning District. The proposed subdivision meets the development standards of the EE Zoning District and does not conflict with the DEN land uses.

BACKGROUND INFORMATION:

ANALYSIS: The following provides the analysis of the Project as it relates to the General Plan environmental assessment and the Subdivision Map Act.

The General Plan Land Use designations, zoning, and existing uses are identified in Table 1 below.

Resulting parcel configurations are identified in Table 2 below.

TABLE 1

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan Zoning Existing Use
Site: Desert Estate
Neighborhood (DEN)
Equestrian Estates
(EE) Vacant
North: Desert Estate
Neighborhood (DEN)
Equestrian Estates
(EE) Vacant
South: Suburban
Neighborhood (SN) Residential Low (RL) Single Family
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Neighborhood (DEN)
Equestrian Estates
(EE)
Street and Talavera
Community
West: Desert Estate
Neighborhood (DEN)
Equestrian Estates
(EE) Nursery

TABLE 2
TENTATIVE PARCEL MAP NO. 38238

NEW LOT NUMBER, USE, AND PARCEL SIZE

Lot No. Use New Parcel Size
Lot 1 Single family residential 1.0 acres
Lot 2 Single family residential 1.5 acres
Lot 3 Single family residential 2.0 acres
Lot 4 Single family residential 1.5 acres
Lot B Public Road/Utility Easement
(Dune Palms Road) 0.46 acres

I. ENVIRONMENTAL ASSESSMENT
Staff has determined that the proposed Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code 21000 et seq) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) pursuant to CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons:

“Class 15 consists applies to the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fe wer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.”

The proposed Project complies with these requirements as follows:

1. The proposed division is with the City of Indio, an urbanized area.

2. The proj ect has a residential zoning designation of Equestrian Estates (EE), as well as a residential General Plan designation of Desert Estates Neighborhood (DEN), and meets the criteria for subdivision standards in this zone and land use designation.

3. The subdivision of property will result in a division of land resulting in four (4) residential parcels.

4. As detailed below, the project conforms to the General Plan and applicable zoning. No variances or exceptions are required.

5. Access to all services and access to the proposed parcels to local standards are available. City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by service infrastructure, including water and sewer provided by CVWD and power provided by IID. Access to the Project Site is provided with ingress and egress off of Dune Palms Road, connecting to Avenue 38.

6. The parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 percent.

Accordingly, staff recommends the City Council, based on its own independent judgment, find that the project is exempt under CEQA Guidelines Section 15315 and that no further environmental review is required.

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II. FINDINGS AND CONCLUSIONS
The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:

A. The proposed map is consistent with applicable general and specific plans as specified in Section 65451;

The General Plan 2040 designates the subject property as Desert Estates Neighborhood (DEN).

The DEN land use is intended to conserve natural features while providing the lowest intensity and amount of residential neighborhood development. Allowable primary uses in the DEN designation include single -family residential, agriculture, parks and recreation with allowed development intensities of 1.0 dwelling units per acre (du/ac). Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2 040, the DEN promotes the conservancy of natural features while providing the lowest intensity and amount of residential neighborhood development. The proposed Tentative Parcel Map No. 38238 provides for the subdivision of a

6.46-acre parcel into four (4) single-family residential parcels with a density that is under the maximum density.

The proposed subdivision is consistent with General Plan Land Use Policy LU-1.5 (LU-1.5) which states: “Implement the strategies identified for each distinct subarea in Indio in this General Plan.” The proposed project is within the Northwest Indio Subarea as identified in the City of Indio’s General Plan 2040. The Northwest Indio subarea currently includes a mixture of older, rural neighborhood development, newer suburban neighborhood development, agricultural uses, and undeveloped open space. The strategies for implementation of the Northwest Indio subarea allows for large parcels for rural developments. The proposed subdivision includes parcels that are between 1 and 2 ac res in size which provides for large parcels and open space to maintain conformance to the rural environment of its surroundings.

The proposed project is consistent with the housing priorities of the City of Indio 2014 - 2021 Housing Element. Goal 3 of the Housing Element states “to provide adequate, suitable sites for residential use, development and maintenance of a range of housing that varies sufficiently in terms of cost, design, site, location and tenure to meet the housing needs of all economic segments of the community at a level which can be supported by the infrastructure.” The proposed subdivision will provide for single fam ily dwellings at one (1) acre minimum lot sizes, which are suitable lot sizes for a residential development in the rural area of the City which is supported by the existing infrastructure including utilities available to the property. It should also be not ed that the City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by the infrastructure. There is no applicable specific plan for the project site.

B. The design or improvement of the proposed su bdivision is consistent with applicable general and specific plans;
The proposed project and its proposed design and improvements are consistent with the General Plan land use designation of Desert Estates Neighborhood (DEN). Table 2 above shows the new parcels and respective lot sizes. The proposed project is required to conform to the land uses and development standards of the EE Zoning District. Pursuant to Indio Municipal Code (IMC) Section 159.100 (H through I). The general development standards state that the minimum lot widths shall be 80 feet and minimum lot depths shall be 200 feet. The project site meets these standards as the lowest most minimum lot width is 80 feet and the minimum lot depth is 378 feet and the minimum lot width is 111.81 feet, which meets and exceeds the minimum requirements of the EE Zoning District. The proposed project subdivides a 6.46 -acre vacant property into four (4) new single-family residential parcels. The proposed lots can accommodate the proposed building pads, private and public streets (Avenue 38 and Dune Palms Road), drainage, utilities, and

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C. The site is physically suitable for the type of development; The site is physically suitabl e for the type of development of single -family residential lots. The proposed project site is 6.46-acre site and the parcel is adequate to accommodate the proposed four (4) single -family residential parcels, required access, utilities, and drainage facilit ies. The parcel size of the proposed subdivision design provides for adequate roadways and infrastructure that allows for the site to be physically suitable for residential development. Furthermore, the site has a minimal slope, all public services are ava ilable and there are no physical constraints.

Therefore, it can be found that the proposed subdivision is physically suitable for the site.

D. The site is physically suitable for the proposed density of development; The site of the proposed subdivision c ontemplated under Tentative Parcel Map No. 38238 is physically suitable for the proposed density of the development. The resulting four (4) single family residential parcels comply with the applicable development standards of the zoning designation.

The proposed Tentative Parcel Map No. 38238 has a density that is under the 1.0 units per acre minimum density allowed by the General Plan Desert Estates Neighborhood land use designation. The density of the proposed project is physically suitable for the development of four (4) single family residential lots. The site is adequate in shape and size to accommodate the proposed development. Since the proposed project is within the allowed density of the DEN land use designation, it can be found that the proposed su bdivision is physically suitable for the proposed density of the development.

E. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

The project site is surrounded by urban uses, including residential development and active streets, and there is no presence of fish or wildlife or their habitat on this property. The project is therefore not likely to cause substantial environmental damage and provides no fish or significant wildlife habitat.

F. The design of the subdivision or type of improvements are not likely to cause serious public health problems;

The proposed design of the subdivision or type of improvements co ntemplated by the proposed project are not likely to cause serious public health problems. The proposed project will be conditioned to ensure all common area structures, landscaping, sidewalks, and all other improvements within the proposed project must be continually maintained in good condition and repair, and all dead or dying landscape material must be replaced with new landscape material.

Compliance with these conditions will prevent the subdivision and its improvements from causing any public health problems for those that enter the development. Storm drainage, sanitary sewer, water, streets and all utilities are required to be improved on the site and have capacity to accommodate the project. Additionally, the project is conditioned to annex into the existing Community Facilities District for public facilities and /or public services. The subdivision has been designed so the parcels have the necessary infrastructure to adequately serve the development and all proposed uses as allowed by the zoning ordinances that regulate the project. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval

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G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The design or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public utilities for electricity, water, sewer, telecommunications, and g as service have all been assessed for availability. The access points to the proposed project have been reviewed and approved by the Fire Department and Public Works as part of the overall approval of the proposed project.

Tentative Parcel Map No. 38238 includes easements for roadways, drainage facilities, and utilities that will be incorporated into the project. There are no known public easements traversing the subject site that would be adversely affected by the proposed project. The applicant has dedicated Lot B for the purpose of public utility easements for ingress and egress. Therefore, the design of the subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

Conclusion:

Based on the analysis above, staff concludes that the findings set forth in Government Code Section 66474 can affirmatively be made for proposed Tentative Parcel Map No. 38238 (TPM 21- 08-411). The proposed project is consistent with the General Plan as it meets the Desert Estates Neighborhood (DEN) land use designation with less than one (1) du/acre. The proposed subdivision is consistent with General Plan Land Use Policy LU -1.5 (LU -1.5) Northwest Indio subarea which allows for large parcels for rural liv ing. The Project meets the Housing Element Goal 3 which provides for residential properties to subdivide to meet the residential need.

Therefore, staff finds that the proposed project complies with the goals, objectives, and policies of the General Plan. T here are no specific plans regulating the proposed area. As previously stated, the General Plan land use designation of DEN provides the applicable maximum density and Equestrian Estates (EE) Zoning District regulates the development standards. The proposed subdivision consists of four (4) single-family residential lots across 6.46 acres, and upon analysis, it meets the density and development standards. The design of the subdivision will not conflict with easements acquired by the public at large, for acce ss through or use of property within the proposed subdivision because all such improvements will be constructed to be adequate for the proposed project. The proposed subdivision will not cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. The required conditions of approval ensure the proposed project from being detrimental to the public health, safety or welfare and actually protect and promote the public health, safety and welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

III. PLANNING COMMISSION ACTION
The Planning Commission conducted a public hearing for the proposed Tentative Parcel Map No. 38238 (TPM 21 -08-411) on December 8, 2021. The Planning Commission voted 5 -0 to adopt Resolution No. 2005 recommending that the City Council approve Tentative Parc el Map No. 38238 and find that the Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15315 (Minor Land Divisions) of the CEQA Guidelines.

IV. PUBLIC NOTICE
The public hearing notice for the May 4, 2022, City Council hearing was published in the Desert Sun newspaper on April 22, 2022, and notices were mailed to property owners within 300 -foot radius of

AGENDA ITEM #10.3
Tentative Parcel Map No. 38238 (TPM 21-08-411) (Kevin H. Snyder, Directo... Page 414 of 447 the project site on April 20, 2022. No written comments have been received on the Tentat ive Parcel Map as of the date of this Staff Report.

ATTACHMENTS:

Attachment A - Vicinity Map
Attachment B - Resolution No. 10265
Attachment C - Parcel Map No. 38238
Attachment D - Resolution No. 2005
Attachment E - CVWD letter dated 10-28-2021

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 26 Apr 2022 Roxanne Diaz, City Attorney Approved - 27 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 28 Apr 2022 Bryan H. Montgomery, City Manager Approved - 28 Apr 2022

AGENDA ITEM #10.3
Tentative Parcel Map No. 38238 (TPM 21-08-411) (Kevin H. Snyder, Directo... Page 415 of 447 Attachment A

Vicinity Map

AGENDA ITEM #10.3
Tentative Parcel Map No. 38238 (TPM 21-08-411) (Kevin H. Snyder, Directo... Page 416 of 447

Vicinity Map

All maps are not to scale, and are for relative location purposes only

N

AGENDA ITEM #10.3
Tentative Parcel Map No. 38238 (TPM 21-08-411) (Kevin H. Snyder, Directo... Page 417 of 447 RESOLUTION NO. 10265

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, TO APPROVE TENTATIVE PARCEL MAP NO. 38238 (TPM 21-08-411) TO SUBDIVIDE A

6.46-ACRE PARCEL INTO (4) LEGAL LOTS FOR THE PURPOSE OF RESIDENTIAL SUBDIVSION, SUBJECT TO THE CONDITIONS OF APPROVAL.

WHEREAS, on August 18, 2021, Armando Magana (the “Applicant”), on behalf of Enoc Cota (the “Owner”), submitted a Planning Application and associated documentation for a Tentative Parcel Map No. 38238 (TP M 21-08-411) to subdivide a

6.46-acre parcel into four (4) parcels (“Project”); and

WHEREAS, the Project site is located on the north side of Avenue 38 between Dune Palms Road and Goodman Road, east of Adams Street, on the property known as 34600 Goodman Road (Assessor’s Parcel Number: 750-310-009); and

WHEREAS, the Project is within the Desert Estates Neighborhood (DEN) land use designation per the General Plan 2040 and the Equestrian Estates (EE) Zoning district; and

WHEREAS, on December 8, 2021, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 2005 to recommend that the City Council approve the Project, subject to the conditions listed therein; and

WHEREAS, notice of a public hearing was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of the publication on April 22, 2022, of a legal public hearing notice in the Desert Sun, the City’s newspaper of record and mailing of a public hearing notice to a certified list of property owners within 300 feet of the subject properties on April 15, 2022; and

WHEREAS, on May 4, 2022, the City Council held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and are incorporated into this Resolution by reference and constitute a material part of this Resolution.

SECTION 2 . The Project was reviewed and found exempt under CEQA Guidelines Sections 15315 (Minor Land Division) for the following reasons: The Tentative

AGENDA ITEM #10.3
Tentative Parcel Map No. 38238 (TPM 21-08-411) (Kevin H. Snyder, Directo... Page 418 of 447 Parcel Map would divide property into four residential parcels in the City of Indio, an urbanized area, at a site zoned for residential uses (Desert Estates Neighborhood General Plan land use designation and Equestrian Estates zoning district). The division is in accordance with the General Plan and zoning, no variances or exceptions are required, and all services and access to the proposed parcels are available. Furthermore, the parcel was not involved in a division of a larger parcel within the previous two years , nor does the parcel have an average slope greater than 20 percent. Therefore, the City Council, based on its own independent judgment and review of the record in full, finds the Project is exempt from further review pursuant to Section 15315 of the CEQA Guidelines.

SECTION 3. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines as follows:

A. The proposed map is consistent with General Plan 2040. The General Plan 2040 designates a Desert Estates Neighborhood (DEN) land use designation for the subject property. The DEN land use designation is intended to conserve natural features while providing the lowest intensity and amount of residential neighborhood development. Per the DEN designation allowable primary uses are single-family residential, agriculture, parks and recreation with allowed development intensities of up to 1.0 dwelling units per acre (du/ac). Pursuant to the Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the DEN promotes the conservancy of natural features while providing the lowest intensity and amount of residential neighborhood development. The Project provides for the subdiv ision of 6.46 acres into four (4) single family residential parcels with a density of 0.58 du/ac. The subdivision is consistent with General Plan Land Use Policy LU -1.5 (LU -1.5) which states: “Implement the strategies identified for each distinct subarea in Indio in this General Plan.” The Project is within the Northwest Indio Subarea Strategies as identified in the City of Indio’s General Plan 2040. The Northwest Indio subarea currently includes a mixture of older rural neighborhood development, newer suburban neighbor hood development, agricultural uses, and undeveloped open space. The strategies for implementation of the Northwest Indio subarea allows for large parcels for rural developments such as the subdivision. The subdivision includes parcels that are between 1 and 3 acres which provides for large parcels and open space to maintain conformance to the rural environment of its surroundings. The Project is consistent with the housing priorities of the City of Indio 2014- 2021 Housing Element. Goal 3 of the Housing Element states “to provide adequate, suitable sites for residential use, development and maintenance of a range of housing that varies sufficiently in terms of cost, design, site, location and tenure to meet the housing needs of all economic segments of the community at a level which can be supported by the infrastructure.” The proposed subdivision will provide for single family dwellings at more than the one (1) acre minimum lot sizes, which are suitable lot sizes for a residential development in the rural area of the City which is supported by the existing infrastructure including utilities available to the property. Furthermore, City Departments and public utility agencies have reviewed the site to confirm the proposed project is supported by the infrastructure.