AGENDA ITEM #9.16
Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 385 of 556 Provide qualitative analysis of the transportation impact associated with the Art and Music Line project. Since this is an active transportation project and will not likely generate, induce, or divert vehicular traffic, it is estimated no VMT impacts will be anticipated.
Document the findings in a draft technical memorandum.
Prepare a final technical memorandum incorporating comments and direction.
Task 5. Project Theme
As an Art Director of the CV Link Art & Music Line Cristopher Cichocki will create a destination point of experience that appeals to all generations. Through collaboration with CVAG, City of Indio, City of La Quinta, City of Coachella, and other stakeholders, Cristopher will generate artistic designs and musical concepts that embody a “contemporary desert” aesthetic that looks to the future with sustainable respect to the past. In addition, WEBB and Cristopher will work with executives from the Coachella Arts & Music Festival (Golden Voice) to integrate ideas that bridge the relationship between the festival and the Art & Music Line. When completed, the Arts & Music Line will offer the Coachella Valley residents and international visitors a passageway and recreational environment that is inviting, safe, and inspiring to experience throughout the day and night.
Scope of Services
• Collaborate in the development of a cohesive aesthetic within the designated artistic elements of the CV Link Arts & Music Line
• Generate and present concepts, sketches, and renders of artworks or any artistic applications • Work in direct collaboration within all art or design-related elements such as bike path, waveform sculpture, art & music barrier, painted crosswalk, column lights, art wall, underpass light sculpture, street furniture, and road design detail
• Assist in the research and development of sustainable strategies for all art material applications • Provide documentation of artwork for promotional use
• Propose artistic concepts, sketches, budgets & renders of original artworks
Task 5.1. Art and Music Barrier
The project has proposed an iconic barrier that provides a clear delineation of traffic lanes at the intersection while also creating artistic opportunities. The barrier can be lighted from within or externally. It can also act as the canvas for projections and the source for the recorded sound installations programmed by local schools through their engineering and art curriculum. The buffer could be constructed out of precast concrete or 3D-printed form with colored inside and solar LED strip light for iconic night effect. The barrier will be designed to provide safety to the bike path while it doesn’t create safety issues for vehicles.
WEBB, in collaboration with the art director and Golden Voice, will develop up to four (4) scale models for the barrier. WEBB will work with the 3-D printing company, Golden Voice, electrical engineer, and the art director to create an actual scale model. WEBB will prepare details, plans, specifications, and cost estimates for the art and music barrier.
Task 5.2. Waveform Sculpture
The waveform sculpture will serve functional and aesthetic purposes. It will increase safety through a vertical separation between car and cyclists. It will also act as a wind-powered south sculpture and interactive light display. At night the lighted tubes illuminate in sequence in response to the cyclist movement along the connector.
WEBB, in collaboration with the art director and Golden Voice, will develop up to four (4) scale models for the Waveform Sculpture. WEBB will work with the 3-D printing company, Golden Voice, electrical engineer, and the art director to create an actual scale model. WEBB will prepare details, plans, specifications, and cost estimates for the Waveform Sculpture.
Task 5.3. Barrier Curb
A barrier curb, providing separation between bikes and vehicular traffic, can be installed with and without the waveform sculpture depending on the specific conditions of each location along the connector. The curb can also be illuminated at ground level and also houses the light and electronics for the waveform sculpture.
WEBB will review the barrier curb proposed in Palm Desert for the CV Link and provide modification needed to accommodate Waveform Sculpture, lights, and electronics. WEBB will develop up to two scale models for the barrier curb.
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Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 386 of 556 WEBB will work with the 3-D printing company to create an actual scale model. WEBB will prepare plans, specifications, and cost estimates for the barrier curb.
Task 5.4. Painted two-way
Bike Path, Column Lights, Art, Wall, and Underpass Light Sculpture Whimsical pavement painting readily identifies the Art & Music path and provides a fun and unifying design elements.
Local schools and communities have the opportunity to claim sort stretches of the part to paint with their own designs.
WEBB, Art Director, and Golden Voice will work with local schools and local art groups or foundations to create painted two-way bike path design. The approved painted two-way bike path design will be incorporated into project plans, specifications, and cost estimate.
The large column lights sculpture elements serve to illuminate the path at night and will also perform motion-activated light and sound displays. WEBB, Art Director, and Golden Voice will work with local schools and local art groups or foundations to create column light engineering and art. WEBB will prepare plans, specifications, and cost estimates for the large column light sculpture.
The sloping walls common in the underpass and along washes in the Valley provide the backdrop for additional art installations. The blank canvas could be painted by school children as a mural that is updated every year. The canvas could also be used as a medium for programmable video projections. WEBB and the Art Director will identify the slopings wall to be used for the blank canvas. WEBB will prepare plans, specifications, and cost estimates for art walls.
In order to make the underpass more welcoming to trail users, a sculptural light installation illuminates the path. This will be a unique opportunity to collaborate with a local artist on the prominent piece of public art. The Art Director will create sketches and renderings (up to four) for the prominent piece of public art.
Task 6. Geotechnical Investigation
The proposed improvements include the construction of a trail along various roadways and storm channels within Coachella Valley. The trail along the wash beneath Jefferson Street and Highway 111 will cross the wash from the southeast to the northwest side. The crossing location is unknown at this time, but it is anticipated to include retaining walls within the channel slope protection and a trail within the wash, or a bridge across the wash to connect the trails.
Detailed plans of the proposed construction are not available at this time. We understand design of the improvements will follow Caltrans guidelines, and a Preliminary Foundation Report is needed during initial design of the structures followed by a Foundation Report once more details are available.
We understand field exploration will require drilling within the right-of-way of the Coachella Valley Water District (CVWD).
Our services are anticipated to include drilling of geotechnical borings, laboratory testing, and providing a geotechnical report with geotechnical recommendations for design and construction of the walls.
Task 7. Drainage Report
WEBB will provide a drainage report for the La Quinta Evacuation Channel and Dillon Road. WEBB will coordinate with CVWD, City of Indio, and the City of Coachella for review and approval.
Task 8. Water Quality Management Plan
WEBB will evaluate Project site-specific conditions and constraints, examining the feasibility of implementing the Low Impact Design BMPs and its associated cost, and provide our recommendations to the Agency.
Task 9. Preliminary Design
Task 9.1 Preliminary Signing and Striping Plans
WEBB will review, compare the proposed Art and Music Line design with the Cities General plans, Standard Plans, AASHTO Standards, NACTO Design Guidelines, Caltrans Highway Design Manual, and Caltrans MUTCD. WEBB will survey all existing pavement delineation, markers, and signing over the project limits. WEBB will prepare the design and layout of the proposed striping plan.
WEBB will develop conceptual striping layout plan (up to two options) for the alignments identified in Project Understanding. The conceptual layout will consist of a color exhibit (24-inches x 36-inches) of the project area including the protected bikeway, enhanced pedestrian crossings, and connections to existing bike facilities. These improvements
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Task 9.2 Preliminary Traffic Signal Plans
WEBB will prepare preliminary traffic signal improvement plans. WEBB will prepare a traffic signal plan per the City of Indio, City of La Quinta, City of Coachella, California MUTCD, and Caltrans Standards. The plan will include the location of traffic signal poles. The preliminary plans will show as a minimum with construction notes, curb gutter, sidewalk, driveways, approaches, centerline profile, curb profile, existing utilities, storm drain, catch basins, traffic signal, striping, and all existing feature/improvements.
In coordination with the Traffic Study, WEBB will develop up to two conceptual operations alternatives for the signalized intersections. These may include bike signals, leading bike/pedestrian intervals, right turn on red restrictions, and other innovative techniques to enhance safety. WEBB will also develop conceptual alternatives for bike detection and bike detection indicators.
Task 9.3 Preliminary Street Improvement Plans
The project is proposing curb and barrier along the entire route. WEBB will prepare preliminary street improvement plans for installation of the curb and barrier.
WEBB will create color-coded designs so Agencies can clearly see what elements will be removed, added, and adjusted in the project area. Existing structures that could be affected by the new construction such as surface improvements, entrances, driveway approaches, edge of pavement, sewer manhole, water valve and gas valve lids, electrical vaults, air vac, cross gutters, pedestrian ramps, and curb returns will be shown in a halftone or dashed background format to distinguish them from new improvements proposed for the project.
New street improvements (pavement, curbs, gutters, sidewalks, ADA ramps, driveways, barriers.), contractor performed facility or structure adjustments (water valves, gas valves, sewer manholes, telephone manholes, electrical manholes, etc.), relocations, reconstructions, and modifications shall be shown in full tone or highlighted with appropriate construction note, detail reference, or standard plan reference identified.
Task 9.4 Intersection Improvements
Most collisions involving people biking occur at intersections. Designing a bikeway that is separated from vehicles mid- block but includes conflict zones at intersection approaches can defeat the entire purpose of implementing a Class 1 facility. This can be especially challenging where right-turning vehicles are allowed to make conflicting movements across the bikeway crossing. The design will consider intersection improvements that will create an environment that is safer and more comfortable for people biking. Actual and perceived safety at intersections will enhance the experience for people biking and lead to a greater sense of comfort.
WEBB will develop conceptual designs for innovative treatments at up to 15 signalized intersections. Treatments may include protected intersections, protected corners, bend out, and other innovative treatments to enhance safety and comfort. These improvements will be presented to the Agency for review and comment. This scope assumes comments will be addressed as part of the final design.
Task 9.5 Connection Path on La Quinta Evacuation Channel (Class I) WEBB will design the two-way community connector between Avenue 48 and Coachella Valley Storm channel where the CV Link is proposed. The distance between Avenue 48 and Coachella Valley Storm Channel is little over one mile. The two-way community connector will be located on the west side of the La Quinta Evacuation Channel up to the Jefferson Bridge, it will go down the Channel, and it will come up on the east side after the Highway 111 bridge.
Task 9.6 Dillon Road Pathway (Class I)
WEBB will design the community connector from Avenue 48 to the west edge of the Coachella Valley Storm Channel and from the east edge of the Coachella Valley Storm Channel to the Spotlight 29 Casino located on Harrison Place. The Dillon Road Pathway goes through Caltrans’ right-of-way at the Highway 86/Dillon Road Interchange. WEBB will coordinate with the City of Coachella for the Dillon Road interchange improvements. WEBB will prepare roadway widening plans, traffic signal improvement plans, signing & striping plans, traffic control plans, and Design Standard Decision Documents. WEBB will prepare and process the Caltrans Encroachment Permit for improvement within the Caltrans right-of-way.
AGENDA ITEM #9.16
Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 388 of 556 The proposed alignment from Avenue 48 to the Dillon Road/Cabazon Road intersection follows Dillon Road which has an over-crossing over Indio Boulevard. The over-crossing is not wide enough to accommodate bike lanes and sidewalks.
WEBB will prepare the preliminary layout. The design and construction will be part of the over-crossing project.
The project is proposing a 14-FT wide two-way community connector on Dillon Road. The existing bridge over Whitewater Channel is a two-lane bridge and not wide enough to accommodate the 14 FT wide two-way community connector.
WEBB will prepare the preliminary layout. The design and construction will be part of the bridge improvement project.
Task 9.7 Coachella Connector (Class I)
The Coachella Connector is proposed along Van Buren Street from Avenue 48 to Rancho Las Flores Park and along the north side of Rancho Las Flores Park to Ed Mitchell Drive. WEBB will design the Coachella two-way community connector from Avenue 48 to Ed Mitchell Drive.
Task 9.8 Street Light/Electrical Design
Feature Locations 1, 2, 3, 7 -
1. These locations shall have minimal thematic lighting elements and controls and shall be condensed to smaller footprints.
2. Provide lighting design services for determining the type of lighting and controls for key areas in this area. The intent at this time shall be to provide themed lighting and music at intersections only. The design intent is for Lighted Arts & Music Barriers, Lighted Curbs, and Lighted Waveform Sculpture (bollards) with color-changing ability, which shall be sequence controlled when triggered by motion of bicyclists Lighting through projection shall also be discussed for implementation. Much of the lighting product may have to be custom made to withstand traffic collision. Design themes shall be coordinated with the artist and design team.
3. Provide product options to client until an acceptable selection is determined. Provide preliminary cost estimate for product only.
4. Provide electrical engineering for the installation of the selecting lighting product and controls. Designs shall include all wiring, conduit and circuit designs, voltage drop diagrams, lighting controls and schematics for DMX controls, specifications, schedules of lighting product, installation details, panel schedules and 1-line diagrams for meter panels and control cabinets, and construction notes. Lighting controllers shall be housed inside of an environmentally controlled enclosure, either inside of a building, or environmentally controlled exterior cabinet due to heat of the desert.
5. Coordination with utility consultant for the installation of meter pedestal as required.
6. Coordinate with artist and civil and landscape architects for conflict resolution.
Feature Locations 4, 6, 8 -
1. These locations shall have more thematic lighting elements and controls than Task 1 above.
2. Provide lighting design services for determining the type of lighting and controls for key areas along this area.
Preliminary discussions determined minimal lighting shall be required for this area. The intent at this time shall be to provide themed lighting and music along more than just the intersections, but not the entire block. These areas shall be designed further during design development. The design intent is for Lighted Arts & Music Barriers, Lighted Curbs, and Lighted Waveform Sculpture (bollards) with color changing ability, which shall be sequence controlled when triggered by motion of bicyclists. Lighting through projection shall also be discussed for implementation. Much of the lighting product may have to be custom made to withstand traffic collision. Design themes shall be coordinated with the artist and design team.
3. Provide product options to the client until an acceptable selection is determined. Provide preliminary cost estimate for product only.
4. Provide electrical engineering for the installation of the selected lighting product and controls. Designs shall include all wiring, conduit and circuit designs, voltage drop diagrams, lighting controls and schematics for DMX controls, specifications, schedules of lighting product, installation details, panel schedules and 1-line diagrams for meter panels and control cabinets, and construction notes. Lighting controllers shall be housed inside of an environmentally controlled enclosure, either inside of a building or environmentally controlled exterior cabinet due to heat of the desert.
5. Coordination with the utility consultant for the installation of a meter pedestal as required. Application for utility service shall be by others.
6. Coordinate with artist and civil and landscape architects for conflict resolution.
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1. This location shall have the most thematic lighting elements compared to Tasks 1 and 2.
2. Provide lighting design services for determining the type of lighting and controls for key areas along this area.
Preliminary discussions determined minimal lighting shall be required for this area. The intent at this time shall be to provide themed lighting and music along the entire block leading up to the Polo Grounds, but not into the grounds itself. This area shall be designed further during design development. The design intent is for Lighted Arts & Music Barriers, Lighted Curbs, and Lighted Waveform Sculpture (bollards) with color changing ability, which shall be sequence controlled when triggered by motion of bicyclists. Lighting through projection shall also be discussed for implementation. Much of the lighting product may have to be custom made to withstand traffic collision. Design themes shall be coordinated with the artist and design team.
3. Provide product options to the client until an acceptable selection is determined. Provide preliminary cost estimate for product only.
4. Provide electrical engineering for the installation of the selected lighting product and controls. Designs shall include all wiring, conduit and circuit designs, voltage drop diagrams, lighting controls and schematics for DMX controls, specifications, schedules of lighting product, installation details, panel schedules and 1-line diagrams for meter panels and control cabinets, and construction notes. Lighting controllers shall be housed inside of an environmentally controlled enclosure, either inside of a building, or environmentally controlled exterior cabinet due to heat of the desert.
5. Coordination with the utility consultant for the installation of a meter pedestal as required. Application for utility service shall be by others.
6. Coordinate with artist and civil and landscape architects for conflict resolution.
Task 9.9 Structural Design
WEBB will design retaining walls in the La Quinta evacuation channel.
Task 10. Multi-modal Transit
Multi-modal Transit
• Site visits/field work (days and nights). Deliverable - Assessment of lighting, accessibility, shade feature, etc. to accommodate active transportation modes
• Review SunLine’s short and long term transit plans, ATP strategies, first/last mile strategies, Transit Design Standards, ADA issues, and other needs they may have. This is a sensitive step often missed and results in costly revisions and delays. Provide a brief technical memo summarizing SunLine’s active transportation mobility needs related to these two projects
• Review RCTC’s short and long term transit plans, ATP strategies, first/last mile strategies, unmet needs/ADA issues and other needs they may have. Coordination and communication with RCTC’s transit and planning and programming group is essential. Provide a brief technical memo summarizing RCTC’s active transportation mobility needs and information that is essential for them to process ATP grant applications • Based on the initial findings, provide team initial design input and recommendations from a transit/multi-modal design perspective (recommend a team discussion)
• Review preliminary plans (<30%) and provide input from an end-user/transit/multimodal perspective to WEBB’s project team. This critical step ensures costly and time-consuming revisions at the end • Coordinate ongoing project development efforts with RCTC and SunLine staff members that serve on grant evaluation teams to ensure and enable the successful implementation of the projects. This step will open the door to Federal Transit Administration (FTA) funds to address unmet needs/ADA issues, pedestrian safety improvements, first/last mile strategies that are all key components of the ATP equation • Review and comment on the plans to ensure a sufficient response to the stakeholder and end-user comments
Task 11. Preliminary Cost Estimate
Preliminary Cost Estimate
WEBB will prepare a preliminary cost estimate for the proposed project.
B. Final Plans, Specifications, and Cost Estimate
Task 12. Final Design
WEBB will prepare 65%, 95%, and final PS&E documents for the following.
AGENDA ITEM #9.16
Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 390 of 556 • Task 12.1 - Signing and Striping Plans
• Task 12.2 - Traffic Signal Plans
• Task 12.3 - Street Improvement Plans
• Task 12.4 - Intersection Improvements
• Task 12.5 - Connection Path on La Quinta Evacuation Channel (Two-Way Connector) • Task 12.6 - Dillon Road Pathway (Two-Way Connector)
• Task 12.7 - Coachella Connector (Two-Way Connector)
• Task 12.8 - Street Light/Electrical Design
• Task 12.9 - Structural Design
Task 13. Specifications, Final Estimate of Quantities and Cost WEBB will prepare project specifications. WEBB will provide a construction quantity and cost estimate with each submittal of plans. The unit costs shall be based upon the most current cost information for recent similar projects in the area compiled by WEBB and approved by the Agency.
Task 14. Utility Potholing
Our sub-consultant, Underground Solutions, Inc., will pothole underground utilities to determine the depth for clearance or conflicts for any underground improvements such as gas lines, telephone lines, electrical lines, sewer lines, water lines, storm drain lines, etc. WEBB will submit each utility company set of plans that provide the location, elevation of the utility, and the elevation of the improvement with the conflict area clouded to show utility companies the areas of conflict with the proposed improvements. The potholing information and plan will be submitted to the Agency after completion of the task.
WEBB has assumed 20 potholes for this project.
Task 15. Legal and Plats
We have assumed no right-of-way or easement is required for the project.
C. Project Management, Public Outreach, Agency Coordination, and Grant Assistance
Task 16. Project Management
WEBB will schedule and attend meetings in the planning phase as follows:
• Project Development Team (PDT) meetings – monthly and on a as-needed basis • Environmental meetings
• Agencies (the City of Indio, City of La Quinta, City of Coachella Valley, CVWD, CVAG, RCTC, Sunline, Caltrans, and resource agencies] meetings
• Agency and City Council Meetings
• Other meetings as necessary such as, but not limited to agencies, HOAs, business, property owners, field reviews, utilities, and meeting with individuals
WEBB will schedule, chair, and prepare meeting agendas and minutes for all meetings. The agendas will be submitted to the Agency for review two working days before the meeting. The minutes will be distributed to all attendees, everyone who was invited, and the Agency’s Project Manager within five working days after the meeting. The minutes shall include, but not be limited to a list of attendees with phone numbers and email, synopsis of discussion items, any pertinent information, action items, and follow-up to action items.
WEBB will prepare the project schedule for the three phases utilizing Microsoft Project. WEBB will provide the schedule in both digital and hard copy. An updated schedule is to be handed out during PDT Meetings.
The project schedule will be divided into tasks and subtasks in full detail including, but not limited to Agency function timeline, critical path, and outside sources such as agencies or utilities. Some of the tasks shall be, but not be limited to planning, environmental, right-of-way, design, relevant Agency meetings, CVWD Review, utility relocation, advertising, and construction. The schedule will indicate anticipated durations for all tasks.
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Public Workshops
WEBB will participate in up to four public outreach meeting/events. The goal of these meetings is to identify the community values, priorities, and concerns throughout the project corridors. We propose to have these meetings as open house public workshops. These workshops would include a number of boards placed throughout the venue with project team staff available at each board or set of boards to discuss the project with the residents and stakeholders. WEBB will work closely with CVAG to develop these boards.
WEBB will provide poster size boards for use at these public meetings. These boards may include a project location map for orientation purposes, examples of complete streets improvements that have been implemented in the Coachella Valley or other jurisdictions, and large aerial maps showing the existing conditions. Post-it notes will be provided at each board to allow attendees to identify their specific priorities and concerns. A map of the boards will be developed to guide participants through the open house. Comment cards will also be provided to solicit general feedback about the proposed project. Up to two WEBB staff members will attend each public input meeting.
All meeting notifications and materials will be provided in both English and Spanish. On site translation services will be available and we are prepared to either host the meeting in two languages or have the meeting presented in English and translated to Spanish (or vice versa) via wireless headsets. WEBB will record audio of the meeting and provide meeting minutes and record any questions or responses that the community may have.
Task 18. Agency Coordination
WEBB will provide coordination with CVAG, City of Indio, City of La Quinta, City of Coachella, RCTC, Sunline, and Caltrans to ensure street section, lanes, bike lanes, barrier, traffic signal, and signing & striping improvements are consistent and accepted by them.
WEBB will set up a meeting with all agencies involved during the planning and design phase to ensure consistency and avoid any issues later on. In case we don’t agree with either of the Agency’s comments, WEBB will set up a meeting to resolve the issues.
WEBB will provide coordination with Agency stakeholders involved in the project. In most cases and in coordination with the client, WEBB will take the lead on all meeting arrangements, taking and providing minutes, and providing follow-up action items on project issues. These meetings will be either phone conference calls or meetings at the Agencies’ or stakeholders’ offices. WEBB is expected to either advise or provide consultation at each meeting.
WEBB will:
• Attend meetings with City Staff (up to eight)
• Prepare an agenda, sign-in sheet, graphics, and a follow-up summary for each meeting • Document decisions made and action items
• Track action item resolutions
Task 19. ATP Grant Application Assistance
WEBB will assist CVAG the next ATP grant application assistance. CVAG will prepare an application. WEBB will assist CVAG with writeups, exhibits, and cost estimates.
D. Regional Active Transportation Standards
As an expansion of the 2019 Bike and Pedestrian Safety Program, Coachella Valley Association of Governments (CVAG) is requesting WEBB to create regional standards that would provide consistency for active transportation improvements, particularly as it relates to bike lane design, appropriate signage, on-street markings, and barriers. To create regional consistency, WEBB will identify and establish methods being deployed across the region.
The plan shall contain the following tasks:
Task 20. Conducting an Inventory of Active Transportation Standards and Practices used by CVAG Member Jurisdictions
WEBB will provide outreach to CVAG member jurisdiction for the active transportation standards, stand-alone active transportation projects, and transportation projects with active transportation improvements.
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Task 21. Develop Regional Standards
Based on best practices regionally and nationally, WEBB will develop regional standards for active transportation projects, particularly those that are Class II or Class III. This plan will cover all aspects of the bicyclist and pedestrian experience and have a heavy focus on safety and connectivity. Aspects could include but are not limited to barriers, bike lanes, signage, and uniform sizes and color-coded markings. Additionally, the plan should detail standardized approaches for CV Link Community Connectors across the Coachella Valley, with some unique characteristics, such as color, for each connector.
Task 22. Suggest Ways CVAG can Standardize Methodologies from Each Respective City As part of the review, WEBB will identify opportunities for CVAG to encourage and implement regional active transportation standards. This could include designs into reimbursement agreements and/or future regional transportation planning efforts.
Task 23. Outreach Efforts
As part of this work, WEBB will consider the outreach necessary to complete the task. That could include meetings with staff from CVAG and member jurisdictions. It will also include at least two presentations to the CVAG Transportation Committee and one meeting of the CVAG Executive Committee.
E. Contingency
Task 24. Contingency
WEBB will provide following and other out of scope services on an as-needed basis. • Title Reports
• Appraisals
• Acquisition
• Escrow Coordination
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Principal II
Principal I
Senior III
Senior I
Associate III
Associate II
Associate I
Assistant V
Assistant IV
Assistant III
2 Person Survey
Crew
Project
Coordinator
WEBB Total Sub-
Consultant Expenses Total
$273 $252 $231 $203 $192 $176 $166 $155 $139 $123 $276 $104 Task 1 - Kick-off Meeting 952.00$ 337.00 $ - $ 1,289.00$ Kick-off meeting 2 2 952.00$ 337.00 $ 1,289.00 $ Task 2 - Survey 145,176.00$ 25,960.00 $ 3,000.00 $ 174,136.00$ Field and Aerial Topography 8 32 16 160 360 40 145,176.00 $ 25,960.00 $ 3,000.00 $ 174,136.00$ Task 3 - Utility Research and Coordination 54,592.00$ 21,279.50 $ 1,000.00 $ 76,871.50 $ Utility Research and Coordination 24 120 80 100 54,592.00$ 21,279.50 $ 1,000.00 $ 76,871.50 $ Task 4 - Environmental 62,675.00$ 119,248.90$ 1,600.00 $ 183,523.90$
4.1 CEQA Documentation 8 104 8 132 39,716.00 $ 1,600.00 $ 41,316.00 $
4.2 CEQA Technical Studies 26 40 31 18,591.00 $ 47,530.00 $ 66,121.00 $
4.3 Traffic Study 16 4,368.00$ 71,718.90$ 76,086.90 $ Task 5 - Project Theme 42,892.00$ 110,000.00$ 10,000.00 $ 162,892.00 $
5.1 Art and Music Barrier 16 16 40 12,536.00 $ 22,000.00 $ 3,000.00 $ 37,536.00 $
5.2 Waveform Sculpture 16 16 40 12,536.00 $ 22,000.00 $ 3,000.00 $ 37,536.00 $
5.3 Barrier Curb 8 8 12 5,284.00 $ 11,000.00$ 1,000.00 $ 17,284.00 $
5.4 Painted 2-Way Bike Path, Column Lights, Art, Wall & Underpass 16 16 40 12,536.00 $ 55,000.00 $ 3,000.00 $ 70,536.00 $ Task 6 - Geotechnical Investigation 3,132.00$ 18,700.00$ - $ 21,832.00$ Geotechnical Investigation 4 8 4 3,132.00$ 18,700.00$ 21,832.00 $ Task 7 - Drainage Report 20,318.00$ - $ - $ 20,318.00$ Drainage Report 6 8 24 80 20,318.00 $ 20,318.00 $ Task 8 - Water Quality Management Plan 14,212.00$ - $ - $ 14,212.00$ Water Quality Management Plan 4 8 24 40 14,212.00 $ 14,212.00 $ Task 9 - Preliminary Design 312,968.00$ 169,564.00 $ - $ 482,532.00$
9.1 Preliminary Signing and Striping Plans 20 140 400 8 92,932.00 $ 92,932.00 $
9.2 Preliminary Traffic Signal and RRFB Plans 8 16 40 8 12,032.00 $ 7,761.60 $ 19,793.60 $
9.3 Preliminary Street Improvement Plans 16 120 400 8 99,960.00$ - $ 99,960.00 $
9.4 Intersection Improvements 8 40 8 10,056.00$ 94,802.40 $ 104,858.40 $
9.5 Connection Path on La Quinta Evacuation Channel (Class I) 8 40 120 8 34,176.00$ - $ 34,176.00 $
9.6 Dillon Road Pathway (Class I) 8 40 120 8 34,176.00$ - $ 34,176.00 $
9.7 Coachella Connector (class I) 4 16 60 8 16,692.00$ - $ 16,692.00 $
9.8 Street Light / Electrical Design 8 24 16 8,720.00$ 55,000.00$ 63,720.00 $
9.9 Structural Design 8 8 4 4,224.00$ 12,000.00$ 16,224.00 $ Task 10 - Multi-modal Transit -$ 4,209.70$ - $ 4,209.70$ Multi-modal Transit -$ 4,209.70$ 4,209.70 $ Task 11 - Preliminary Cost Estimate 32,248.00$ 11,114.40 $ - $ 43,362.40$ Preliminary Cost Estimate 8 40 40 40 40 16 32,248.00 $ 11,114.40 $ 43,362.40 $ Task 12 - Final Design 510,646.00$ 356,288.00 $ - $ 866,934.00$
12.1 Signing and Striping Plans 40 180 600 8 136,432.00 $ 136,432.00 $
12.2 Traffic Signal and RRFB Plans 16 80 160 8 41,520.00 $ 288,288.00$ 329,808.00 $
12.3 Street Improvement Plans 32 120 400 8 104,328.00$ 104,328.00 $
12.4 Intersection Improvements 16 100 300 8 83,100.00$ 83,100.00 $
12.5 Connection Path on La Quinta Evacuation Channel (Two-Way 8 50 140 8 40,046.0 0$ 40,046.0 0$
12.6 Dillon Road Pathway (Two-Way Connector) 16 60 140 40 24 52,964.00$ 52,964.00 $
12.7 Coachella Connector (Two-Way Connector ) 8 48 120 8 33,880.00$ 33,880.00 $
12.8 Street Light / Electrical Design 8 24 24 8 12,112.00$ 55,000.00 $ 67,112.00 $
12.9 Structural Design 8 16 8 6,264.00$ 13,000.00$ 19,264.00 $ Task 13 - Specifications, Final Estimate of Quantities and Cost 40,832.00$ 48,012.80 $ - $ 88,844.80$ Specifications, Final Estimate of Quantities & Cost 16 80 60 40 16 40,832.00$ 48,012.80 $ 88,844.80 $ Task 14 - Utility Potholing 6,872.00$ 30,000.00$ - $ 36,872.00$ Utility Potholing 8 16 8 6,872.00 $ 30,000.00$ 36,872.00 $ Task 15 - Legal and Plats -$ - $ - $ - $ Legal and Plats (Not needed at this time) -$ - $ Task 16 - Right-of-Way and As needed Out of Scope Services 248,354.00$ - $ - $ 248,354.00$ Right-of Way and As Needed Out of Scope Services (Time and Material after CVAG Approval) 248,354.00$ 248,354.00 $
Task 17 - Project Management 45,040.00$ 61,600.00 $ 2,000.00 $ 108,640.00$ Project Management 120 40 40 45,040.00$ 61,600.00 $ 2,000.00 $ 108,640.00$ Task 18 - Public Outreach 50,090.00$ - $ 4,923.00$ 55,013.00 $ Public Outreach 90 40 40 120 50,090.00 $ 4,923.00 $ 55,013.00 $ Task 19 - Agency Coordination 46,400.00$ 11,488.40 $ 3,000.00 $ 60,888.40 $ Agency Coordination 80 80 80 46,400.00$ 11,488.40 $ 3,000.00 $ 60,888.40 $ Task 20 - Conducting and Inventory of Active Transportation Standard and Practices used by CVAG Member Jurisdictions 19,020.00$ - 500.00$ 19,520.00$ Conducting and Inventory of Active Transportation Standard and Practices 12 80 16 19,020.00$ 500.00 $ 19,520.00$ Task 21 - Develop Regional Standards 23,940.00$ - - $ 23,940.00$ Develop Regional Standards 12 80 40 16 23,940.00 $ 23,940.00 $ Task 22 - Suggest Ways CVAG can Standardize Methodologies from each Respective City 15,256.00$ - - $ 15,256.00$ Standardize Methodologies from each Respective City 24 40 16 15,256.00$ 15,256.00 $ Task 23 - Outreach Efforts 20,456.00$ - 2,000.00$ 22,456.00 $ Outreach Efforts 40 40 24 20,456.00$ 2,000.00 $ 22,456.00 $ Total (Tasks 1 - 23) 796 48 48 1,156 1,124 1,920 88 1,040 320 375 376 660 7,951 Total Cost per Person/Group $ 1,716,071 $ 987,803 $ 28,023 $ 2,731,897 C. Project Management, Public Outreach, Agency Coordination D. Regional Active Transportation Standards
Coachella Valley Association of Governments (CVAG) Avenue 48 (Art and Music Line) and Regional Active Transportation Standards A. Preliminary Engineering and Environmental
B. Final Plans, Specifications, and Cost Estimate (PS&E)
AGENDA ITEM #9.16
Revised Agency Reimbursement Agreement by and between the Coachella Vall... Page 395 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment Number One to the Reimbursement Agreement between the City of Indio and the Coachella Valley Association of Governments (CVAG) for the Avenue 44 Bridge Project (Project No. BR1101), increasing CVAG’s share of costs by $1,561,740 and reducing the City’s share at equal amount
RECOMMENDATION:
Approve Amendment Number One to the Reimbursement Agreement between the City of Indio and Coachella Valley Association of Governments (CVAG) for the Avenue 44 Bridge Project (Project No.
BR1101) in the amount not to exceed $1,561,740 and authorize the City Manager to execute the agreement.
SUMMARY:
On October 1, 2014, the City of Indio approved a reimbursement agreement with the Coachella Valley Association of Governments (CVAG) to complete the Avenue 44 Bridge Project (Project No. BR1101).
Since this time, the cost of the bridge improvements has inc reased, and additional funding is necessary to complete the design and construction of the project.
BACKGROUND INFORMATION:
In 2011, the City of Indio received federal funding from the Highway Bridge Program (HBP) to replace the existing low water crossing at Avenue 44, with a new bridge. In addition to the bridge, Avenue 44 will be widened from two to four lanes of traffic, and include Class II bike lanes and sidewalk from Palo Verde Street to Apache Street. The project will improve the multimodal acce ss along the CV Link by providing an undercrossing at Avenue 44 and more direct access along Avenue 44 to the Jewel Community and future Indio Sports Park.
In 2014, CVAG agreed to fund 75% of the local share of these improvements. Since this time, several major considerations were required to be included in the project scope. Firstly, as a result of the environmental analysis, Caltrans requested the City extend the limits of the widening through the Caltrans Right -of-Way. This work is not eligible fo r the Highway Bridge Program (HBP) funding.
Secondly, the Hydraulic Report, approved by the Coachella Valley Water District (CVWD), requires mitigation of scour impacts that would result from the removal of the existing low water crossing with a new grade control structure. Lastly, the construction index for bridge project has increased over the past six years, which has driven up the cost of construction in general.
Construction documents are nearly ready to be advertised. The City has completed the r ight-of-way phase and is working to finalize the design, to include the CVWD improvements, and the Caltrans AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 396 of 556 Encroachment Permit approval for minor work under the I -10 Freeway Bridge. The new bridge is expected to be authorized by Caltrans this fall and should be ready to begin construction by mid-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:
$1,561,740 Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
N/A
Additional Financial Details:
Based on the final design, the total project costs have increased to $30,066,000 as detailed below.
Total $30,066,000.00
Federal Share (88.53%) $25,778,000.00
CVAG Original Agreement $1,654,260.00
CVAG Amendment 1 Request $1,561,740.00
CVAG Share (75%) $3,216,000.00
Indio Share $1,072,000.00
Amendment Number One will increase CVAG’s regional share by $1,561,740.00 to a revised not-to- exceed total of $3,216,000.00. This is an approved Capital Improvement Project and the total funding for the completion of this project is detailed in the Capital Improvement Plan to be completed over the next two fiscal years. The result of approving this amendment is to reduce Indio’s costs for the project by $1,561,740 to a total of $1,072,000.
ATTACHMENTS:
Attachment 1_Project Location Map
Attachment 2 - CVAG Ave 44 Bridge Amendment No. 1_Partially Executed
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 12 Jul 2022 Roxanne Diaz, City Attorney Approved - 12 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2022 Bryan H. Montgomery, City Manager Approved - 12 Jul 2022
AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 397 of 556
AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 398 of 556 ATTACHMENT 1
PROJECT LOCATION MAP
AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 399 of 556
AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 400 of 556 ATTACHMENT 2
AMENDMENT NO. 1 TO THE AGENCY
REIMBURSEMENT AGREEMENT WITH CVAG
AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 401 of 556
AGENDA ITEM #9.17
Amendment Number One to the Reimbursement Agreement between the City of ... Page 402 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10308 of the City Council of the City of Indio approving the application for U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA) 2022 Bridge Investment Program (BIP).
RECOMMENDATION:
Adopt Resolution No. 10308 approving the applications for the United States Department of Transportation, Federal Highway Administration 2022 Bridge Investment Program Grant Funds.
SUMMARY:
The City is seeking funding for three (3) bridge projects, and submitting an application for each to the United States Department of Transportation (U.S. DOT), Federal Highway Administration (FHWA) for the Bridge Investment Program (BIP). The three bridge projects include: 1) Reconstruct/widen the I - 10 at Monroe Street Interchange; 2) Reconstruct/widen the I -10 at Jackson Street Interchange; and 3) Prepare a Feasibility Study for bridge replacement at Jackson Street Bridge over Indio Boulevard and Union Pacific Railroad (UPRR) mainline tracks. This Resolution will authorize the City Manager or Public Works Director, to submit an application to the U.S. DOT, FHWA, and to accept the Grant if selected for an award.
BACKGROUND INFORMATION:
The Bridge Investment Program (BIP) was established under the Bipartisan Infrastructure Law. BIP funding provides for communities to: 1) improve the safety, efficiency, and reliability of the movement of people and freight over bridges; 2) improve the condition of bridges in the United States by (a) reducing the number of bridges in poor condition or in fair condition and at risk of falling into poor condition within the next three years, (b) reducing the total person miles traveled over bridges in poor condition (c) reducing the number of bridges that do not meet current geometric design standards or cannot meet the load and traffic requirements typical of the regional transportation network, and (d) reducing the total person miles traveled over bridges that do not meet these standards; and 3) provide financial assistance that leverages and encourages non -Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects.
Staff is proposing the City submit applications for three (3) projects:
1. An infrastructure grant application for the Construction Phase of the I -10 at Monroe Street Interchange Project, the grant deadline is September 8, 2022.
2. An infrastructure grant application for the Construction Phase of the I -10 at Jackson Street Interchange Project, the grant deadline is September 8, 2022.
AGENDA ITEM #9.18
Resolution No. 10308, approving the application for U.S. Department of T... Page 403 of 556
3. A planning grant application to prepare a feasibility study for the Replacement of the Jackson Street Bridge over Indio Boulevard and UPRR Project, the grant application dead line is July 25, 2022.
The infrastructure improvements at I-10/Monroe Street and I-10/Jackson Street interchanges include the reconstruction and widening of through lanes from 2 lanes to 4 lanes including the bridges over the Whitewater River Channel. Ot her improvements include extending on -ramps and off-ramps with acceleration and deceleration lanes.
The Feasibility Study for the Jackson Street Bridge will analyze alternatives to determine the most cost-effective and the least impact alternative. Jackson Street is a vital north-south urban arterial that carries an average daily traffic of approximately 20,500 vehicles at the bridge with regular heavy vehicular loads and is an important north -south separation crossing over the Indio Boulevard and UPRR Mainline. This bridge has a sufficiency rating of 60.1 out of 100, and is not wide enough to provide sufficient bicycle and pedestrian access. In 2017, this bridge was classified as Structurally Deficient.
In order to proceed with the grant selection process, the City Council is required to adopt the attached resolution for the Bridge Projects. The resolution is documentation certifying City Council’s approval of submission for the grant application and commitment to enter into an agreement with the DOT t o carry out the Project(s) and to assure that match funding is available if the City is awarded an implementation or planning grant.
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:
The City is seeking up to $165 million in funding from the U.S. DOT 2022 Bridge Investment Program Grants, which requires a 20% match for Bridge Projects. The following is a breakdown of the proposed funding for each project:
Monroe Street Interchange (Construction)
Total Cost $79,000,000
BIP Grant Funds $63,200,000
Local Match $15,800,000
CVAG Funding $11,850,000
City Funds $ 3,950,000
Jackson Street Interchange (Construction)
Total Cost $83,000,000
AGENDA ITEM #9.18
Resolution No. 10308, approving the application for U.S. Department of T... Page 404 of 556 Jackson Street Interchange (Construction)
BIP Grant Funds $66,400,000
Local Match $16,600,000
CVAG Funding $12,450,000
City Funds $ 4,150,000
Jackson Street over Indio Blvd/UPRR (Planning)
Total Cost $600,000
BIP Grant Funds $480,000
Local Match $120,000
City Funds $120,000
The total City share if all three projects are awarded is $8,220,000. If successful, the grant will reduce the City’s share of the two interchange projects by 80%.
The Feasibility Study for Jackson Street over Indio Boulevard/UPRR is currently budgete d in the Highway Bridge Program. However, due to federal funding constraints the budget for the study has been delayed until at least October 2023. The BIP planning grant would replace this funding to relieve the Highway Bridge Program and expedite the schedule.
The City has set aside approximately $11,000,000 for the construction of the Monroe Street Interchange. If one or more of these projects is approved, Council will have the discretion to re - allocate this budget as necessary or deny the grant.
ATTACHMENTS:
Attachment 1 - Resolution No. 10308
APPROVAL(S):
Timothy Wassil, Public Works Director Approved - 12 Jul 2022 Roxanne Diaz, City Attorney Approved - 12 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2022 Bryan H. Montgomery, City Manager Approved - 12 Jul 2022
AGENDA ITEM #9.18
Resolution No. 10308, approving the application for U.S. Department of T... Page 405 of 556
ATTACHMENT 1
RESOLUTION NO. 10308
AGENDA ITEM #9.18
Resolution No. 10308, approving the application for U.S. Department of T... Page 406 of 556
RESOLUTION NO. 10308
RESOLUTION OF THE C ITY COUNCIL OF THE C ITY OF
INDIO, CALIFORNIA, APPROVING AN APPLICATION FOR
THE U. S. DEPARTMENT OF TRANSPORTATION 2022
BRIDGE INVESTMENT PROGRAM GRANT FUNDS
WHEREAS, the U.S. Department of Transportation (DOT), Federal Highway Administration (FHWA) is soliciting applications for three categories of Bridge Investment Program (BIP) fu nding opportunities: (1) Planning; (2) Bridge Projects (projects with eligible costs less than $100 million); and (3) Large Bridge Projects (projects with eligible costs greater than $100 million); and
WHEREAS, all awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR Part 200, as adopted by DOT at 2 CFR part 1201. Applicable Federal laws, rules, and regulations set forth in title 23, U.S.C., and title 23 of the CFR, shall apply to awards provided under this program; and
WHEREAS, successful Applicants will enter into a contract with the Federal Highway Administration U.S. Department of Transportation State of California to complete the Grant Scope project.
NOW, THEREFORE, THE C ITY COUNCIL OF THE C ITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
THE CITY COUNCIL HEREBY APPROVES THE FILING OF AN APPLICATION FOR; AND
Section 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the stable, dependable, and sufficient funds to complete the project if the grant is awarded; and
Section 2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds that are stable and dependable to operate and maintain the project(s), and
Section 3. Certifies that the Applicant has reviewed, understands, and agrees to the Administrative and National Policy Requirements and Reporting per the Notice of Funding Opportunity guidelines; and
Section 4. Delegates the authority to the City Manager or the Public Works Director to conduct all negotiations, sign and submit all documents, including, but not
AGENDA ITEM #9.18
Resolution No. 10308, approving the application for U.S. Department of T... Page 407 of 556 limited to applications, agreements, amendments, and paym ent requests, which may be necessary for the completion of the Grant Scope; and Section 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
PASSED, APPROVED AND ADOPTED this 20th day of July 2022
__________________________
WAYMOND FERMON, MAYOR
ATTEST:
_________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
APPROVED AS TO FORM:
________________________________
ROXANNE DIAZ, CITY ATTORNEY
AGENDA ITEM #9.18
Resolution No. 10308, approving the application for U.S. Department of T... Page 408 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $102,250 and adopt Resolution No. 10309 approving the grant award and authorizing the City Manager or his designee to exec ute the necessary grant documents on behalf of the City of Indio.
RECOMMENDATION:
Accept a Fiscal Year 2023 Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP) in the amount of $102,250; adopt Resolution No. 10309 designating and authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio, and direct the Finance Department to adjust appropriations and estimated revenue as reflected in the financial details section of this staff report.
SUMMARY:
The California Highway Patrol awarded the Indio Police Department a grant in the amount of $102,250 from the Cannabis Tax Fund Grant Program. The funds will provide support for the creation of a multi- faceted educational campaign via billboards, social med ia, the production of micro -commercials (PSAs), and comprehensive community outreach events.
BACKGROUND INFORMATION:
California voters passed the Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64) in 2016 which allowed for the recrea tional use and personal cultivation of cannabis. Among the regulatory components of Proposition 64 is a specific earmark for the California Highway Patrol (CHP) to award competitive grants to local governments and non -profits to increase awareness of the dangers of impaired driving with the end goal of reducing impaired driving accidents.
The California Highway Patrol released the Educational Request for Applications for 2022/2023 Cannabis Tax Fund Grant funding cycle to fund projects meant to educate lo cal communities on the harmful effects of impaired driving. This grant opportunity also aims to fund public information campaigns and community -oriented activities to help educate residents on the dangerous and significant effects of impaired driving. The Indio Police Department submitted an application in the amount of $102,250 for the Educational grant opportunity during the FY 2022/2023 funding cycle.
On June 10, 2022, the Indio Police Department received an Intent to Award letter from the California Highway Patrol for $102,250 for the Educational funding opportunity. Per the regulatory guidelines of AGENDA ITEM #9.19
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 409 of 556 the Cannabis Tax Fund Grant Program, the City of Indio is required to submit a resolution approving the acceptance of the funds and authorizing the execution of the Grant Agreement.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$102,250.00 In current year budget: No
Current FY General
Fund Impact:
$0.00 Budget adjustment: Yes
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Cannabis Tax Fund Grant
Program (CTFGP) Fund-Org-Object
Reference:
226-various.
Additional Financial Details:
The City of Indio's Fiscal Year 2022-23 California Highway Patrol (CHP) grant allocation under the Cannabis Tax Fund Grant Program is $102,250. The grant performance period is twelve months and funds will be awarded on a reimbursable basis. There is no match contribution.
The requested budget adjustments allow CHP grant funds to be spent this fiscal year.
Staff requests that the City Council approve and direct the Finance Department to increase appropriations and estimated CHP revenue as follows:
Increase appropriations:
226-511016 Overtime $ 22,000.00 226-531057 Equipment $ 24,250.00 226-531064 Other Professional & Technical Services $ 38,000.00 226-524022 Printing & Reproduction Services $ 18,000.00 $102,250.00
Increase estimated revenue:
226-402325 State Grant $102,250.00
ATTACHMENTS:
Attachment 1: FY22-23 CTFGP Grant Agreement - Indio Police Department EDU Attachment 2: Resolution No. 10309 - CHP Education
APPROVAL(S):
Mike Washburn, Chief of Police Approved - 30 Jun 2022
Roxanne Diaz, City Attorney Approved - 06 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jul 2022 Bryan H. Montgomery, City Manager Approved - 11 Jul 2022
AGENDA ITEM #9.19
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 410 of 556 State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
AWARD NUMBER
9606
1. GRANT TITLE
FY22/23 CTFGP Education - Indio Police Department
2. NAME OF AGENCY
INDIO POLICE DEPARTMENT
4. PERFORMANCE PERIOD
From: 07/01/2022
To: 06/30/2023 3. AGENCY SECTION TO ADMINISTER GRANT
Support Services Division
5. OPPORTUNITY INFORMATION DESCRIPTION
Grants to provide financial assistance to law enforcement and local city and county agencies (non-profit organizations via pass-through entity) for public awareness and/or safety programs for laws related to driving under the influence of alcohol and other drugs, including cannabis. The intent of the program is to educate the public on cannabis-related impairment, effects and increased risk when using cannabis with alcohol and other substances, wait time before driving, and riding with an impaired driver.
6. FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $102,250.00
7. TERMS AND CONDITIONS
The Grantee agrees to complete the Project as described in the Project Description. The Grantee’s Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments:
• Schedule A - Project Description, Problem Statement, Goals and Objectives, and Method of Procedure; • Schedule B - Detailed Budget Estimate; and
• Schedule B-1 - Budget Narrative.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of Californi a that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF AGENCY
Name: Bryan Montgomery Phone: 760-391-4000
Title: City Manager
Address: 100 Civic Center Indio, CA 92201
E-Mail: [email protected]
(Signature) (Date)
B. AUTHORIZED OFFICIAL CHP
Name: Evan Robinson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(Signature) (Date)
D. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
PAYMENTS
Name: Rob Rockwell
Address: 100 Civic Center Indio, CA 92201
9. PURCHASE ORDER NUMBER
AGENDA ITEM #9.19
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 411 of 556
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other terms and conditions noted in this Agreement. Failure by the Grantee to comply may result in the termination of this Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards to the Grantee the sum of money stated on page one of this Agreement. This funding is awarded to the Grantee to carry out the project set forth in the Project Description and the terms and conditions set forth in this Agreement.
2. The funding for this Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Agreement, whereby no party shall have any further obligations or liabili ties under this Agreement, or 2) negotiate an Agreement amendment to reduce the grant award and scope of services to be provided under this Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement has been approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide pursuant to this Agreement, necessary to complete or carry out the project as described in this Agreement. Any modification or alteration of this Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing 30 calendar days in advance to the State for approval.
5. The Grantee agrees to complete the project within the timeframe indicated in the Performance Period, which is on page one of this Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all project expenditures, which includes all State and any other project funding expended, within 60 calendar days after completion of this Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Agreement shall be used for the education, prevention, and enforcement of impaired driving laws unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the project costs. Equipment purchased under this Agreement must only be used for approved project related purposes unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
AGENDA ITEM #9.19
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 412 of 556
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Agreement at any time prior to the commencement of the project. Once the project has commenced, this Agreement may only be terminated if the party withdrawing provides 30 calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Agreement within 10 calendar days of the commencement of such event and within 10 calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Agreement has been terminated.
3. The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided.
Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Agreement is terminated, the State may choose to exclude the Grantee from future grant opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State or their designated representative shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Agreement.
AGENDA ITEM #9.19
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 413 of 556
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement organization Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Grantees shall not engage in the act of racial profiling as defined in California Penal Code Section 13519.4.
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TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before comm encing the performance of the work of this Agreement, (refer to Labor Code Section 3700).
K. APPLICATION INCORPORATION
1. The Grantee agrees the Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Agreement.
L. STATE LOBBYING
1. The Grantee is advised none of the funds provided under this Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body.
Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported by this Agreement from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax -exempt status. If the Grantee subcontracts with a Nonprofit as part of this Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
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TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State in writing of any changes to the name of person within organization with delegated signing authority.
2. An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an Agreement, authorizing execution of the Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by governmental Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf as an independent Grantee with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee organization named within this Agreement warrants their organization and its employees have no personal or financial interest and no present or past
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TERMS AND CONDITIONS
employment or activity which would be incompatible with participating in any activity related to this Agreement. For the duration of this Agreement, the organization and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Agreement.
5. The Grantee organization and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Agreement made available for use by the State for the purposes of providing services to the State in conjunction with this Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to project confidential information and intends to disclose that information in violation of this Agreement.
6. The Grantee will not enter into any Agreement or discussions with third parties concerning materials described in paragraph 5 prior to receiving written confirmation from the State that such third party has an Agreement with the State similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If Grantee violates any provisions of this above paragraphs, such action by Grantee shall render this Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office; establish a policy ensuring appropriate use; and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section), of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with funds from this agreement will be primarily used for the enforcement of driving under the influence laws and/or providing public education related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem indicating the vehicle is used for driving under the influence enforcement.
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Project Description
The Indio Police Department has identified a steady and consistent increase in accidents and DUI/DUID arrests resulting in significant property damage, bodily injury, and death caused by impaired driving. The ability to outreach and communicate to the public the danger of impaired driving is currently narrow as the department’s resource allocation is forced to be reactive rather than proactive . Through the proposed grant funding, the Indio Police Department will have the capacity to augment existing outreach methods by creating a multi-faceted educational campaign via billboards, social media, production of micro - commercials, and comprehensive community outreach events. As host city for two major music festivals (Coachella Music and Arts Festivals and Stagecoach Festival) stretched over three weekends – over 400,000 visitors over the three weekends – we anticipate being able to spread the message to our national and international visitors exponentially. The Indio Police Department aims to raise awareness of impaired driving – emphasizing drug-impaired driving – and reduce the overall rate of impaired driving incidents by 25% within the funding year.
Problem Statement
The Indio Police Department has identified a significant risk to public safety – impaired driving. In comparison, impaired driving rates have steadily increased nationwide during the COVID -19 Pandemic due to the limited rideshare and other services that have historically reduced the need to drive while drunk or high, as described in a 2020 report from the National Highway Traffic Safety Administration.
As a city, we saw crime and traffic-related incidents year after year. However, we saw a significant increase – above the average increase seen from the COVID-19 Pandemic. From 2019 to 2020, we have seen an 82% increase in DUI/DUID arrests and a 60% increase in injury/fatal traffic collisions due to impaired driving. In 2021, saw a 64% increase in DUI arrests from 2020 numbers and seven major traffic collisions due to impaired driving. Additionally, these numbers do not address the immediate local and potentially regional effect the major music festivals have on impaired driving. Du e to the nature of both festivals, drug and alcohol use runs rampant throughout the concerts.
Proposed Solutions
Our multi-faceted approach to deter impaired driving includes a bilingual, multi-media campaign that will ensure our region is aware of the detrimental effects of such behaviors. The funding will be used to expand the scope of our Social Media / Public Relations Team to create quality content that will be interactive and thought-provoking. The design of our community-based approach is to include: the design and placement of billboards throughout our local community, participating in community outreach to distributing meaningful educational materials while talking about the dangers of impaired driving, placement of a changeable message sign that will rotate throughout the city, and a comprehensive social media campaign to include the production of short videos that will engage the community.
The I-10 freeway goes through our community at a rate of about 500,000 impressions weekly; we anticipate capitalizing on the transient visitors that Indio receives to get the message across throughout the entire region and state through the design and placement of two print billboards. Considering we are a connecting community between Phoenix and Los Angeles/Orange County/San Diego, our reach for the billboards will be substantial. Those traffic figures do not include the major music festival attendees, further enhancing our potential reach.
The Indio Police Department is a nationally- recognized agency for our community relations; we intend on incorporating the messaging of impaired-driving prevention into our current events. We participate in about ten community outreach events throughout our city, in addition to our annual National Night Out event in October. The purchase of specifically branded outreach materials and giveaways will illustrate the partnership and information on impaired driving. We also anticipate making impaired -driving education a part of our Project 365 – the crime prevention topic for the year – for our eleventh annual National Night Out event.
We will also attempt to procure a changeable message sign (CMS) that will be rotated throughout a central traffic corridor in our city, signally bystanders to report impaired drivers. The CMS will provide drivers with a reminder to avoid driving while impaired and prompt other drivers to remain on the lookout
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and dial 9-1-1 if they suspect impaired drivers on the road. Ensuring the public is consistently reminded to report unsafe drivers will be key to the identification and subsequent enforcement actions to prevent deadly impaired-driving incidents.
We anticipate creating social media, multi-media content that will show the effects of impaired driving, and preventive tips and suggestions. Updated filming equipment will allow the Indio Police Department to establish a more well-rounded depiction of a potential traffic collision. The reach illustrative lens of the deadly effects of impaired driving and fun, educational reminders to avoid getting behind the wheel.
These messages will be spread across multiple platforms to reach drivers across most social media sites, including, but not limited to: Facebook, Instagram, Snapchat, and Twitter. We will then boost and enhance our existing reach through advertising our posts and ensuring that our message receives the appropriate interactions. Furthermore, during April 2023 – the major music festival season – our reach will be exponentially more significant and will reach attendees and our local community.
Performance Measures
The project will have the goal of reducing impaired-driving incidents in the Indio community. The desired objectives are geared towards the increased awareness of the extensive risks of impaired driving to current drivers, emphasizing new or imminent drivers within our community.
Considering that the social media campaign and community outreach events are significant components, we will create quality content to further the reach and have adequate impressions. We will benchmark ten social media posts/activities via interactive content and one community outreach event per month to ensure the message remains relevant and will blend into our everyday use of social media.
We will also include one major community outreach event (700 attendees) that will focus o n the dangers of impaired driving. Our desired outcomes include a progressive reduction of DUI/DUID by 15% a quarter of the funding year and a reduction of impaired driving-related traffic collisions by 20% throughout the entirety of the funding year. We will maintain monthly progress reports to ensure flexibility within the funding year.
The Changeable Message Board (CMB) and Billboard Space Rental will permit the department to reach a broad audience and reach. The CMB will be positioned on roadways tha t have been identified as problem areas to provide the public the opportunity to see our messaging and prevent future impaired driving incidents. We anticipate the CMB being deployed twice a month in areas where there is an increase in impaired driving. The CMB, it will add to our proposed metrics for reducing impaired driving.
The Billboard will be secured for at least 6 months where we can get the most impressions on the I -10 Freeway. With 4 local exits in Indio, our community and visitors will see our messaging. The goal of the billboard is to add to our proposed metrics by reducing not only instances of impaired driving locally, but also all the viewership on the I-10 Freeway.
Project Performance Evaluation
Once the project is complete, the Indio Police Department will appropriately illustrate the result of the efforts through an extensive public relations rollout to include the local news and media publications, our internal communications forums via IPD News Releases, social media, and a presentat ion to our city council. The potential success of the grant opportunity is also reliant on the bilingual approach the department is taking to address the effects and overall prevention of impaired driving. Through this effort, we will have the ability to reach a broad audience, including bilingual reports out through our Public Information Officer and our Spanish news publications. We will draft and distribute a brief overview of what we accomplished through the grant funding through our social media accoun ts. We will exemplify the partnership with CHP to our local community as we are significantly expanding our capacity.
Program Sustainability
The proposed funding will establish the infrastructure to bring more awareness of harmful and life - threatening effects. Once we can acquire the equipment and presence to increase our production capacity, we will consistently push and drive our goals of creating a safer community. Considering that
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our ongoing commitment to bring crucial attention is a part of our everyday mission and purpose as a municipal law enforcement agency, we will continue to push the message to achieve the collaborative goal of funding. We anticipate committing the plans to absorb the intent of the budget into our Office of Community Safety and Social Media Team efforts. We can ensure that the public is consistently reminded of impaired-driving consequences regardless of additional funding through these two divisions within our department.
Administrative Support
The Indio Police Department has extensive experience with large-scale grants that benefit our local community and the greater region. We have a strong track record working with multi -million dollar grants to support our operation and mission to the community. We have successfully part nered with the Bureau of Justice Assistance, Department of Justice – COPS program, CA Office of Traffic Safety in recent years to augment our services to better serve the Indio Residents. Within our capacity, we are well-positioned to commit to the above objectives to achieve better awareness. The grant will be managed in our Grant unit, overseen by our Chief Administrative Officer, to ensure the funding is expended within the guidelines and confines of the agreement.
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Schedule B
Detailed Budget Estimate
Award Number
Organization/Agency
Total Amount
9606
INDIO POLICE DEPARTMENT
$102,250.00
Cost Category
Line Item Name
Total Cost to Grant
Personnel
Social Media Team
$9,000.00
National Night Out Overtime
$13,000.00
Category Sub-Total
$22,000.00
Supplies
Changeable Message Board
$24,250.00
Print/Social Media/ Advertising Space
$21,000.00
Billboard Space Rental
$17,000.00
Educational Materials
$18,000.00
Category Sub-Total
$80,250.00
Grant Total
$102,250.00
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Budget Narrative
Personnel
Social Media Team $9,000.00
To support Social Media Team efforts via overtime to allow the agency to absorb fringe benefits. This will support the staff time to design, implement, and publish all digital assets of the campaign via our social media channels.
The Team is comprised of 4 Officers, 1 Administrative Assistant, 1 Management Analyst, and 1 Dispatch Supervisor.
Administrative Assistant Time = 20 hours @ OT Rate: $49.86 = $997.20 This will allow for 1 Administrative Assistant for 20 hours
Management Analyst Time = 25.5 hours @ OT Rate: $67.26 = $1,715.13 This will allow for 1 Management Analyst for 25.5 hours
Dispatcher Supervisor Time = 25 hours @ OT Rate: $70.70 = $1,767.50 This will allow for 1 Dispatcher Supervisors for 25 hours each
Officer Time = 60 hours @ OT Rate: $75.26 = $4,515.60
This will allow for 4 Officers for 15 hours each
National Night Out Overtime $13,000.00
The above will support the planning and staff costs of promoting and hosting our National Night Out event focused on DUI/DUID prevention.
National Night Out is a national outreach event that allows us to have an evening with the public and building/expanding relationships with the community. Each event, we focus on a topic that requires additional attention and we communicate the importance to the public while asking for their help to address the matter. In focusing the event on impaired driving, we are able to gather community support and reinforce the message across the expected thousand attendees from the local area. We are asking for the overtime for the below staff:
Event: $9,089.95
Sergeant time = 15 hours @ OT Rate: $101.63 = $1,524.45 This will allow 3 Sergeants for 5 hours each.
Officer Time = 50 hours @ OT Rate: $75.26 = $3,763
This will allow for 10 Officers for 5 hours each
Dispatcher Time = 20 hours @ OT Rate: $56.27 = $1,125.40 This will allow for 4 Dispatchers for 5 hours each
Administrative Assistant Time = 10 hours @ OT Rate: $49.86 = $498.60 This will allow for 2 Administrative Assistant for 5 hours each
Management Analyst Time = 5 hours @ OT Rate: $67.26 = $336.3 This will allow for 1 Management Analyst for 5 hours
Dispatcher Supervisor Time = 10 hours @ OT Rate: $70.70 = $707.00 This will allow for 2 Dispatcher Supervisors for 5 hours each
Code Enforcement Officer Time = 20 hours @ OT Rate: $56.76= $1,135.20 This will allow for 4 Code Enforcement Officers for 5 hours each
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Budget Narrative
Planning - $3,908.57
Officer Time = 14.5 hours @ OT Rate: $75.26 = $1,091.27 This will allow for 1 Officer for 14.5 hours
Administrative Assistant Time = 15 hours @ OT Rate: $49.86 = $747.90 This will allow for 1 Administrative Assistant for 15 hours each
Management Analyst Time = 5 hours @ OT Rate: $67.26 = $1,060.5 This will allow for 1 Management Analyst for 15 hours
Dispatcher Supervisor Time = 10 hours @ OT Rate: $70.70 = $1,008.90 This will allow for 1 Dispatcher Supervisors for 15 hours each
$9,089.95 + $3,908.57 = $12,998.52
Rounded $13,000
Supplies
Changeable Message Board $24,250.00
The changeable message board will support our preventive efforts to ensure suspected impaired drivers are reported and to serve as a reminder to all drivers of our enforcement efforts.
We are anticipating being able to purchase:
Traffic Message Board 3 Lines (Additional Features Radar w/ Data [Monitor Traffic Speeds & Volume - Save Data]) for $23,995 with shipping.
Print/Social Media/
Advertising Space $21,000.00
The above amount will support our efforts of expanding the audience and reach of our comprehensive print and digital campaign.
We anticipate developing a comprehensive digital and print campaign to make the public aware of the dangers of impaired driving. Our current allocation for the budget is:
Print: $6,000
Social Media: $15,000
We are fully aware of seeking approval prior to publishing any grant-related materials.
Billboard Space Rental $17,000.00
The above will support our billboard efforts to expand our reach. We anticipate being able to rent a highly visible billboard for the months from November to May 2023. This will allow the passerby holiday traffic, Spring Break travelers, Major Festival attendees, and the everyday traffic of the Coachella Valley to see our messaging.
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Budget Narrative
Educational Materials $18,000.00
This amount will support our consistent messaging model for the purchase of clearly identifiable and relevant educational materials to our project and will explicitly feature DUI/DUID language. Following approval of a design for the promotional materials. This will be used for our outreach events that we will be actively participating in.
While the design will need to be approved we anticipating purchasing:
Grocery Bags
Stress Balls
Magnets
Water Containers
Hand Sanitizers and other promotional items to promote the messaging of reducing impaired driving.
AGENDA ITEM #9.19
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, APPROVING THE ACCEPTANCE OF $102,250 IN
CANNABIS TAX FUND GRANT PROGRAM FUNDS AND
AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT
BETWEEN THE CALIFORNIA HIGHWAY PATROL
WHEREAS, the California Board of State and the Department of California Highway Patrol has heretofore invited public agencies to submit applications for the FY 2022-2023 Grant Cycle for the Cannabis Tax Fund Grant Program for Education efforts; and
WHEREAS, the Department of California Highway Patrol has notified and provided notice to the City of Indio, California and intent to award a grant in the amount of One Hundred Two Thousand Two Hundred Fifty Dollars ($102,250); and WHEREAS, the City Council of the City of Indio is adopting Resolution No. 10309 designating and authorizing the City Manager, or his designee, to execute said grant documents and agreements; and
WHEREAS, the Department of California Highway Patrol requires that the Indio City Council adopts a resolution in order to be eligible to accept and execute the grant agreement in the amount of One Hundred Two Thousand Two Hundred Fifty Dollars ($102,250); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The submission of the application and acceptance of funds on behalf of the City of Indio, a public entity established under the laws of the State of California, is hereby ratified and approved.
Section 2. The City Council of the City of Indio hereby agrees to, and by this Resolution, does accept the One Hundred Two Thousand Two Hundred Fifty Dollars ($102,250) in Grant funds awarded to the City without further action of the City Council being required therefore.
Section 3. The City of Indio hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Department of California Highway Patrol upon said Grant, and the Indio City Manager, or his designee, is hereby authorized and directed to execute any agreements, assurances, or other documents that are required or necessary in connection with the acceptance or implementation of this grant.
AGENDA ITEM #9.19
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WAYMOND FERMON
MAYOR
ATTEST:
_________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #9.19
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City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $124,624.78 and Adopt Resolution No. 10310 designating and authorizing the City Manager or his designee to execute all nec essary grant documents on behalf of the City of Indio.
RECOMMENDATION:
Accept a Fiscal Year 2023 Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP) in the amount of $124,624.78; adopt Resolution No. 10310 designating and authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio, and direct the Finance Department to adjust appropriations and estimated revenue as reflected in the financial details section of this staff report.
SUMMARY:
The purpose of this item is to accept a Fiscal Year 2022 -23 Cannabis Tax Fund Grant Program (CTFGP) grant in the amount of $124,624.78 from the California Highway Patrol (CHP) to fund additional training and enforcement efforts and adopt Resolution No. 103 10 designating and authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio. The Police Department anticipates utilizing the funds to cover various overtime and safety-training costs.
BACKGROUND INFORMATION:
California voters passed the Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64) in 2016 which allowed for the recreational use and personal cultivation of cannabis. Among the regulatory components of Proposition 64 is a specific earmark for the California Highway Patrol (CHP) to award competitive grants to local governments to increase enforcement efforts to address impaired driving with the end goal of reducing impaired driving accidents.
The California Highway Patrol released the Small/Mid -Size Agency Enforcement Request for Applications for the 2022-23 Cannabis Tax Fund Grant funding cycle to fund projects meant to provide resources to small to mid -sized law enforcement agencies with the capacity to increase saturatio n patrols, DUI checkpoints, and send our staff to advanced DUI identification training. The Indio Police Department submitted an application for the FY 2022-23 funding cycle.
On June 10, 2022, the Indio Police Department received an Intent to Award lett er from the California Highway Patrol for $124,624.78 for the Small/Mid -Sized Agency Enforcement funding opportunity.
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FINANCIAL SUMMARY:
Current FY Financial
Impact:
$124,624.78 In current year budget: No
Current FY General
Fund Impact:
$0.00 Budget adjustment: Yes
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Cannabis Tax Fund Grant
Program (CTFGP) Fund-Org-Object
Reference:
226-various.
Additional Financial Details:
The City of Indio's Fiscal Year 2022-23 California Highway Patrol (CHP) grant allocation under the Cannabis Tax Fund Grant Program is $124,624.78. The grant performance period is twelve months and funds will be awarded on a reimbursable basis. There is no match contribution.
The requested budget adjustments allow CHP grant funds to be spent this fiscal year.
Staff requests that the City Council approve and direct the Finance Department to increase appropriations and estimated revenue as follows:
Increase appropriations:
226-511016 Overtime $ 105,915.00 226-524028 Travel & Training $ 18,710.00 $ 124,625.00
Increase estimated revenue:
226-402325 State Grant $124,625.00
ATTACHMENTS:
Attachment 1: FY22-23 CTFGP Grant Agreement - Indio Police Department (Enforcement) Attachment 2: Resolution No. 10310 - CHP Enforcement Efforts
APPROVAL(S):
Mike Washburn, Chief of Police Approved - 30 Jun 2022
Roxanne Diaz, City Attorney Approved - 06 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jul 2022 Bryan H. Montgomery, City Manager Approved - 11 Jul 2022
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DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
AWARD NUMBER
9622
1. GRANT TITLE
FY22/23 CTFGP Law Enforcement - Indio Police Department
2. NAME OF AGENCY
INDIO POLICE DEPARTMENT
4. PERFORMANCE PERIOD
From: 07/01/2022
To: 06/30/2023 3. AGENCY SECTION TO ADMINISTER GRANT
Support Services Division
5. OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, improve agency’s effectiveness through training and development of new strategies.
6. FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $124,624.78
7. TERMS AND CONDITIONS
The Grantee agrees to complete the Project as described in the Project Description. The Grantee’s Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments:
• Schedule A - Project Description, Problem Statement, Goals and Objectives, and Method of Procedure; • Schedule B - Detailed Budget Estimate; and
• Schedule B-1 - Budget Narrative.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF AGENCY
Name: Bryan Montgomery Phone: (760) 391-4000
Title: City Manager
Address: 100 Civic Center Indio, CA 92201
E-Mail: [email protected]
(Signature) (Date)
B. AUTHORIZED OFFICIAL CHP
Name: Evan Robinson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street, Sacramento, CA 95811
E-Mail: [email protected]
(Signature) (Date)
D. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
PAYMENTS
Name: Rob Rockwell
Address: 100 Civic Center Indio, CA 92201
9. PURCHASE ORDER NUMBER
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TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other terms and conditions noted in this Agreement. Failure by the Grantee to comply may result in the termination of this Agreement by the California Highway Pa trol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards to the Grantee the sum of money stated on page one of this Agreement. This funding is awarded to the Grantee to carry out the project set forth in the Project Description and the terms and conditions set forth in this Agreement.
2. The funding for this Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Agreement, whereby no party shall have any further obligations or liabilities under this Agreement, or 2) negotiate an Agreement amendment to reduce the grant award and scope of services to be provided under this Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement has been approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide pursuant to this Agreement, necessary to complete or carry out the project as described in this Agreement. Any modification or alteration of this Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing 30 calendar days in advance to the State for approval.
5. The Grantee agrees to complete the project within the timeframe indicated in the Performance Period, which is on page one of this Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all project expenditures, which includes all State and any other project funding expended, within 60 calendar days after completion of this Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Agreement shall be used for the education, prevention, and enforcement of impaired driving laws unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the project costs. Equipment purchased under this Agreement must only be used for approved project related purposes unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
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TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Agreement at any time prior to the commencement of the project. Once the project has commenced, this Agreement may only be terminated if the party withdrawing provides 30 calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Agreement within 10 calendar days of the commencement of such event and within 10 calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Agreement has been terminated.
3. The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided.
Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Agreement is terminated, the State may choose to exclude the Grantee from future grant opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State or their designated representative shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Agreement.
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TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement organization Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Grantees shall not engage in the act of racial profiling as defined in California Penal Code Section 13519.4.
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TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement, (refer to Labor Code Section 3700).
K. APPLICATION INCORPORATION
1. The Grantee agrees the Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Agreement.
L. STATE LOBBYING
1. The Grantee is advised none of the funds provided under this Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body.
Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported by this Agreement from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. If the Grantee subcontracts with a Nonprofit as part of this Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
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TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State in writing of any changes to the name of person within organization with delegated signing authority.
2. An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an Agreement, authorizing execution of the Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by governmental Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf as an independent Grantee with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee organization named within this Agreement warrants their organization and its employees have no personal or financial interest and no present or past
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TERMS AND CONDITIONS
employment or activity which would be incompatible with participating in any activity related to this Agreement. For the duration of this Agreement, the organization and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Agreement.
5. The Grantee organization and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Agreement made available for use by the State for the purposes of providing services to the State in conjunction with this Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to project confidential information and intends to disclose that information in violation of this Agreement.
6. The Grantee will not enter into any Agreement or discussions with third parties concerning materials described in paragraph 5 prior to receiving written confirmation from the State that such third party has an Agreement with the State similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If Grantee violates any provisions of this above paragraphs, such action by Grantee shall render this Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office; establish a policy ensuring appropriate use; and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section), of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with funds from this agreement will be primarily used for the enforcement of driving under the influence laws and/or providing public education related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem indicating the vehicle is used for driving under the influence enforcement.
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All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all activities and items detailed in Schedule A are applicable.
Refer to Schedule B – Detailed Budget Estimate for approved line items and Project activities.
Project Description
The Indio Police Department has identified a steady and consistent increase in accidents resulting in significant property damage, bodily injury, and death caused by impaired driving. The ability to reach out and communicate the danger of impaired driving is currently narrow as the department’s resource allocation is forced to be reactive rather than proactive. Through the proposed grant funding, the Indio Police Department will have the capacity to augment saturation patrols and acquire DUI equipment to better support our Traffic Unit and patrol officers in identifying and removing impaired drivers from the road. The funding will also support the department’s efforts by ensuring we have trained subjec t matter professionals investigating the incident and better support the goals and expectations of the Riverside County District Attorney’s office. Indio Police Department aims to raise awareness of impaired driving – emphasizing drug-impaired driving – and reduce the overall rate of impaired driving incidents by a combined 25% within the funding year.
Problem Statement
The Indio Police Department serves a community of nearly 100,000 residents and almost a million combined of total reach within our part-time residents, transient visitors population, and major music festival attendees. We have identified a significant risk to public safety – impaired driving. In comparison, impaired driving rates have steadily increased nationwide during the COVID -19 Pandemic due to the limited rideshare and other services that have historically reduced the need to drive while drunk or high, as described in a 2020 report from the National Highway Traffic Safety Administration.
As a city, we saw crime and traffic-related incidents year after year. However, we saw a significant increase – above the average increase from the COVID-19 Pandemic. From 2019 to 2020, we have seen an 82% increase in DUI/DUID arrests and a 60% increase in injury/fatal traffic collisions due to impaired driving. In 2021, saw a 64% increase in DUI arrests from 2020 numbers and seven major traffic collisions due to impaired driving. Additionally, these numbers do not address the immediate local and potentially regional effect the major music festivals have on impaired driving. Due to the nature of both festivals, drug and alcohol use runs rampant throughout the concerts. We are also heavily reliant on other local agencies (Riverside County Sheriff’s Office and California Highway Patrol – Indio Station) to assist with our major traffic collisions due to our officers not having the proper training and certification to appropriately complete their investigations. Furthermore, the funding will support the use of an aerial drone to identify impaired drivers and aid in the investigation of DUI/DUID traffic collisions.
Proposed Solutions
Further establishing our commitment to reducing incidents of impaired driving can be achieved by focusing on saturation patrols, DUI checkpoints, and increased training resour ces. The approach to ensure our team is well-trained police officers that will have the additional means to make our roads significantly safer. The use of saturation patrols and DUI checkpoints are to be effective to get impaired drivers off the roads, as we advertise and inform the community of such efforts, it will deter other drivers to get a cab or rideshare service.
The above enforcement strategies will make the Indio community safer as the additional training will ensure that our officers are able to make additional arrests while substantially increasing the ability of our local District Attorney to complete their other steps throughout the criminal justice. Through our saturation patrols and DUI checkpoints, we will have the ability to ensure that the appropriate enforcement actions are completed to ensure safe drivers. Furthermore, the additional training resources will permit the department to assure our officers can complete additional DUI training at the beginner level and more responsible training from Drug Evaluation and Classification and Drug Recognition Evaluator training.
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Performance Measures
The project will have the goal of reducing impaired-driving incidents in the Indio community. The overall objective is to make Indio roadways significantly safer and provide all drivers with an educational component. We strive to get more real-time reports of unsafe drivers that appear to be impaired. We will plan eight saturation patrols – two a quarter – with two DUI checkpoints within the funding year. We will also commit to sending six officers to receive Drug Evaluation and Classification / Drug Recognition Evaluator training and six officers to primary/intermediate DUI/DUID training.
Our desired outcomes include a progressive reduction of DUI/DUID by 15% a quarter of the funding year for an estimated overall reduction of over 25% from the last period. A drop of impaired driving - related traffic collisions by 20% throughout the funding year. We will maintain monthly progress reports to ensure flexibility within the funding year.
In addition, we anticipate the drone program to support the identification and investigative follow -up for our officers. The drone will benefit the construction and oversight of the DUI checkpoint to help identify vehicles attempting to evade the checkpoint. We anticipate yielding 5% - 10% additional traffic stops and potential DUI/DUID drivers evading the checkpoint. Furthermore, we anticipate the drone expanding the capacity to allow for more information for the Riverside County District Attorney’s office with specialized investigative mapping to benefit our overall success rate of DUI/DUID cases. The more substantiated report and materials provided by the Indio Police Department will greatly benefit the criminal justice process with our DA partners.
Project Performance Evaluation
Once the project is complete, the Indio Police Department will appropriately illustrate the impact of the efforts through an extensive public relations rollout to include the local news and media publications, our internal communications forums via IPD News Releases, social media, and a presentation to our city council. The potential success of the grant opportunity will have the ability to reach a broad audience, as it will include bilingual reports out through our Public Information Officer and our Spanish news publications. We will draft and distribute a brief overview of what we accomplished through the grant funding through our social media.
Program Sustainability
The proposed funding will establish the infrastructure to bring more awareness of harmful and life - threatening effects. Once we can acquire the equipment and presence to increase our production capacity, we will consistently push and drive our goals of creating a safer community. Considering that our ongoing commitment to bring crucial attention is a part of our everyday mission and purpose as a municipal law enforcement agency, we will continue to push the message to achieve the collaborative goal of funding and allocate resources within our budgetary means. We anticipate committing the plans to absorb the intent of the budget into our Office of Community Safety and Traffic Unit efforts. The establishment and enhancement of the DUI/DUID training efforts will long-lasting benefit the department. This will ensure that we have the capacity to internally use their knowledge. We can ensure that the public is consistently reminded of impaired-driving consequences regardless of additional funding through these two divisions within our department.
Administrative Support
The Indio Police Department has extensive experience with large-scale grants that benefit our local community and the greater region. We have a strong track record working with multi -million dollar grants to support our operation and mission to the community. We have successfully partnered with the Bureau of Justice Assistance, Department of Justice – COPS program, CA Office of Traffic Safety in recent years to augment our services to better serve the Indio Residents. Within our capacity, we are well-positioned to commit to the above objectives to achieve better awareness. The grant will be managed in our Grant unit, overseen by our Chief Administrative Officer, to ensure the funding is expended within the guidelines and confines of the agreement.
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Detailed Budget Estimate
Award Number Organization/Agency Total Amount
9622 INDIO POLICE DEPARTMENT $124,624.78
Cost Category Line Item Name Total Cost to Grant
Personnel
DUI Saturation Patrol - Overtime $42,736.00
DUI Checkpoint $14,109.26
SFST Training - Overtime $3,913.52
ARIDE Training - Overtime $5,418.72
DRE Training - Overtime $39,737.28
Category Sub-Total $105,914.78
Travel
DUI/DUID Training $3,794.00
DRE Training $14,916.00
Category Sub-Total $18,710.00
Grant Total $124,624.78
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Budget Narrative
Personnel
DUI Saturation Patrol -
Overtime $42,736.00
Sergeant: 80 hours @ $101.63 - $8,130.40
Officer: 400 hours @ $75.26 - $ 30,104
Dispatcher: 80 Hours @ $56.27 - $ 4,501.60
The above overtime will permit the Indio Police Department to staff 8 DUI Saturation Patrols (2/quarter) with a sergeant, 5 officers, and a dispatcher for 10 hours.
DUI Checkpoint $14,109.26
Sergeant: 40 hours - $4,065.20
Officer: 120 hours - $ 9,031.20
Dispatcher: 18 Hours - $ 1,012.86
The above overtime will permit the Indio Police Department to staff 2 DUI Checkpoints (2/annual) with a sergeant, 5 officers, and a dispatcher for 10 hours.
SFST Training - Overtime $3,913.52
Officer: 52 Hours @ OT rate of: $75.26 = 3,913.52
ARIDE Training - Overtime $5,418.72
Officer: 72 Hours @ OT rate of: $75.26 = $5,418.72
DRE Training - Overtime $39,737.28
Officer: 528Hours @ OT rate of: $75.26 = $39,737.28
Travel
DUI/DUID Training $3,794.00
This amount will send 6 officers to additional DUI/DUID training in-state. It will cover lodging, food, and transportation to assist in getting more qualified individuals.
We will send two officers to the below training:
ARIDE Class - Oceanside
Courtyard by Marriott, 3501 Seagate Way, Oceanside CA 92056 8/18/2022 8:00 AM - 8/19/2022 5:00 PM
two officers to:
ARIDE Class - Fullerton
10540 Magnolia Ave. Riverside, CA 92505/Upstairs Training Room 8/1/2022 8:00 AM - 8/2/2022 5:00 PM
ARIDE Travel and Lodging (Per Diem) - $2,188
Two officers to:
SFST Class - Fullerton
FPD Mural Room, 237 W. Commonwealth Ave, Fullerton, CA 92832 7/11/2022 8:00 AM - 7/13/2022 5:00 PM
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Budget Narrative
SFST Travel and Lodging (Per Diem)
Total SFST: $1,606
Total $3,794
DRE Training $14,916.00
The above training reimbursement will support sending six officer to DEC training throughout the funding year to ensure we have qualified individuals working on the more specialized incidents.
We will send two officers to:
DRE Class - Anaheim
Anaheim Police Dpt. East Station 8201 E. Santa Ana Canyon Rd. Anaheim, CA 92808 8/15/2022 8:00 AM - 8/25/2022 5:00 PM
Two officers to:
DRE Training
FPD, Mural Room, 237 W. Commonwealth Ave., Fullerton, CA 92832 9/19/2022 8:00 AM - 9/29/2022 5:00 PM
Two officers to:
DRE Class - Glendale
Glendale Police Dpt. 131 N. Isabel St. Glendale, CA 91206 7/25/2022 8:00 AM - 8/4/2022 5:00 PM
Total DRE Travel and lodging (Per Diem)
$14,916
AGENDA ITEM #9.20
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, APPROVING THE ACCEPTANCE OF $ 124,624.78 IN
CANNABIS TAX FUND GRANT PROGRAM FUNDS AND AUTHORIZING
THE EXECUTION OF THE GRANT AGREEMENT BETWEEN THE
CALIFORNIA HIGHWAY PATROL
WHEREAS, the California Board of State and the Department of California Highway Patrol has heretofore invited public agencies to submit applications for the FY 2022-2023 Grant Cycle for the Cannabis Tax Fund Grant Program for Small/Mid-sized Agency Enforcement Efforts; and
WHEREAS, the Department of California Highway Patrol has notified and provided notice to the City of Indio, California and intent to award a grant in the amount of One Hundred Twenty-Four Thousand Six Hundred Twenty -Four with Seventy-Eight Cents ($124,624.78); and
WHEREAS, the City Council of the City of Indio is adopting Resolution No. 10310 designating and authorizing the City Manager , or his designee, to execute said grant documents and agreements; and
WHEREAS, the Department of California Highway Patrol requires that the Indio City Council adopts a resolution in order to be eligible to accept and execute the grant agreement in the amount of One Hundred Twenty-Four Thousand Six Hundred Twenty- Four with Seventy-Eight Cents ($124,624.78); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The submission of the application and acceptance of funds on behalf of the City of Indio, a public entity established under the laws of the State of California, is hereby ratified and approved.
Section 2. The City Council of the City of Indio hereby agr ees to, and by this Resolution, does accept the One Hundred Twenty-Four Thousand Six Hundred Twenty- Four with Seventy-Eight Cents ($124,624.78); in Grant funds awarded to the City without further action of the City Council being required therefore.
Section 3. The City of Indio hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the Department of California Highway Patrol upon said Grant, and the Indio City Manager, or his designee, is hereby authorized and direc ted to execute any agreements, assurances, or other documents that are required or necessary in connection with the acceptance or implementation of this grant.
AGENDA ITEM #9.20
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 441 of 556 2 PASSED, APPROVED AND ADOPTED this 20th day of July, 2022.
________________________
WAYMOND FERMON
MAYOR
ATTEST:
_________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #9.20
Accept a Fiscal Year 2022-23 California Highway Patrol (CHP) grant under... Page 442 of 556 City of Indio
City Council
July 20, 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 COVID -19 variants, including the Delta variant, the Omicron variant (which was prevalent i n the beginning of the year), and the subvariant BA2, which is sometimes referred to as the "stealth omicron" and is a subvariant of Omicron. With the start of the summer, the number of coronavirus cases has significantly increased. In addition, there are two new Omicron strains (BA.4 and BA.5) that have become dominant.
AGENDA ITEM #9.21
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 443 of 556 In Riverside County, COVID-19 cases and hospitalizations continue to increase and experts have said the numbers are likely to rise for the next few weeks. Between July 8th and July 11th, Riverside County added 4,238 new cases. This is an increase of 64% from the previous reporting period of June 24 through June 27th.
Notwithstanding the lifting of the universal mask mandate, Cal OSHA Emergency Temporary Standards continue to recogn ize 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.
Accordingly, it 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 (t emporarily closing the chambers to the public) should COVID-19 continue to rapidly rise or the 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 safely 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 - 12 Jul 2022
AGENDA ITEM #9.21
Reconsideration of the circumstances of the COVID-19 state of emergency ... Page 444 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Ordinance No. 1781 adjusting City Council compensation following the November 2022 municipal election and amending the Indio Municipal Code.
RECOMMENDATION:
Introduce and Waive Full Reading of Ordinance 1781 amending Section 30.05 of the Indio Municipal Code to Increase City Council compensation following the November 2022 municipal election, waive full reading of Ordinance 1781 and request the City Clerk to read the ordinance by title only.
SUMMARY:
This month. per $1217.71 is Council City the for compensation monthly current The Indio compensation level has remained unchanged for the last two years. By formula specified in State law, the Indio City Council compensation may be increased at this time b y up to 10 percent (5% percent each calendar year from the operative date of the last compensation adjustment). Staff recommends that the City Council approve a 10 percent increase to be effective following the November 2022 municipal election. That increa se would raise the monthly salary from $1271.71 to $1339.47 – an increase of $121.76 per month per Councilmember. If approved, the cost increase would be $3,652.80 plus a small gross up for social security and CalPERS rates for this current fiscal year (fo r the six months following affirmation of the election results (January through June of 2023).
BACKGROUND INFORMATION:
In California, a General Law City may increase its compensation by no more than five percent per calendar year, only if approved by a City Council affirmative vote on a non-Consent Calendar item on a City Council agenda. By law, the increase does not go into effect until after the next municipal election.
If a City Council does not increase its compensation during one or more years, the five percent foregone increase(s) may be carried over to the next calendar year (additive; with no compounding) — provided however that if the City Council approves any level of increase in any year, the cumulative balance of foregone increases is zeroed out. In other words, if a City Council fails to increase the pay in years 1-3, there would be a cumulative allowance to increase the compensation of up to 15 percent in year three. If, however, the City Council adopts a four percent increase in year three, the cumulative balance is zeroed out for future years. It has been two years since the Indio City Council approved any salary increase.
AGENDA ITEM #10.1
Ordinance 1781 adjusting City Council compensation following the Novembe... Page 445 of 556 Indio is a General Law city. City Council compensation in General Law cities is governed by State law. For some Charter cities, the methodology for changing compensation can vary, compared to General Law cities. In the Coachella Valley, only Indio and Coachella are General Law cities.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$3,652.80 In current year budget: Yes
Current FY General
Fund Impact:
$3,652.80 Budget adjustment: No
Next FY Financial
Impact:
$7,305.60 Strategic Objective: Financial &
Environmental
Sustainability
Source of funds: General Fund Fund-Org-Object
Reference:
Additional Financial Details:
If approved, the cost increase would be $3,652.80 plus a small gross up for social security and CalPERS rates for this current fiscal year (for the six months following affirmation of the election results (January through June of 2023). Once implemented, the proposed 10 percent compensation increase would raise City costs, cumulatively for all five Councilmembers, by an annual total of $7,305.60, plus the gross up associated with CalPERS and social security rates. City Councilmembers also receive certain benefits (such as medical and pension) provided equally to all other employees.
ALTERNATIVES:
1. Adopt a lesser percentage increase
2. Maintain the current compensation level
ATTACHMENTS:
Attachment 1: Ordinance No. 1781 - CC Compensation
APPROVAL(S):
AGENDA ITEM #10.1
Ordinance 1781 adjusting City Council compensation following the Novembe... Page 446 of 556 1 ORDINANCE NO. 1781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING SECTION 30.05 OF THE INDIO CODE OF
ORDINANCES REGARDING THE SPECIFIC COMPENSATION OF CITY
COUNCIL MEMBERS
WHEREAS, Government Code Section 36516(a)(4) authorizes the City Council, by ordinance, to adjust the amount of compensation paid to City Council members by up to five percent (5%) for each year from the operative date of the last compensation adjustment.
WHEREAS, Section 30.04 of the Indio Code of Ordinances authorizes the City Council, pursuant to Government Code Section 36516, to approve an annual increase in the compensation of City Council members that does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment to City Council member compensation.
WHEREAS, the last adjustment of City Council compensation was set forth in Ordinance No. 1744, adopted by the City Council on January 15, 2020, which set the current salary for City Council members in the amount of $1217.71 per month.
WHEREAS, Ordinance No. 1744 became effective upon the commencement of the terms of new City Council members and/or re-elected City Council members after the general municipal election held in November 2020.
WHEREAS, Section 30.05 of the Indio Code of Ordinances currently provides that the compensation of City Council members be $1217.71 per month, and may be adjusted in accordance with state law.
WHEREAS, the City Council now desires to adjust its compensation in accordance with Government Code Section 36516 and Sections 30.04 and 30.05 of the Indio Code of Ordinances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Ordinance are true and correct.
Section 2. Pursuant to Government Code Section 36516.5, the adjustment in compensation for all City Council members provided by this ordinance shall not take effect until the commencement of the terms of any new City Council members or re- elected City Council members following the general municipal election to be held in November 2022.
AGENDA ITEM #10.1
Ordinance 1781 adjusting City Council compensation following the Novembe... Page 447 of 556 2 Section 3. Section 30.05 (“Specific Compensation of Council Members”) of Chapter 30 of Title III of the Indio Code of Ordinances is hereby amended to read as follows (with amended language in bold and italics):
“The compensation for City Council members shall be one thousand three hundred and thirty-nine dollars and forty-seven cents $1,339.47) per month, and may be adjusted in accordance with state law. Such compensation shall be payable in the same manner as salaries are paid to other officers and employees of the city.”
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2022. ________________________
WAYMOND FERMON
MAYOR
ATTEST:
_________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #10.1
Ordinance 1781 adjusting City Council compensation following the Novembe... Page 448 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10294 declaring the north -eastern portion of Assessor Parcel Number 611 -142-004 generally located east of Arabia Street and south of Leroy Way to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A), and authorizing the City Manager to negotiate and execute an Exclusive Negotiating Agreement (ENA) with Linc Housing for the potential development of affordable rental housing
RECOMMENDATION:
1) Adopt Resolution No. 10294 declaring the north-eastern portion of Assessor Parcel Numbers 611- 142-004 (the “Site”), generally located east of Arabia Street and south of Leroy way to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A); and, 2) authorize the City Manager to negotiate and execute a 90 -day Exclusive Negotiating Agreement (ENA) with Linc Housing with up to t wo 90-day term extensions to establish the terms of a potential Disposition and Development Agreement (DDA) for the development of an affordable rental housing project.
SUMMARY:
Adoption of Resolution No. 10294 (Attachment A) would declare the northern -eastern portion of Assessor Parcel Number 611-142-004 generally located east of Arabia Street and south of Leroy Way (the Code Government to Surplus Land Exempt as "Site") pursuant 54221(f)(1)(A). Section (Attachment B provides an approximation of the Site.) The adoption of the resolution would facilitate the City’s ability to pursue an affordable rental housing project with Linc Housing. Since 1984, Linc Housing, a non-profit affordable housing development company based in Long Beach, has developed approximately 9,000 affordable rental housing units including over 700 supportive housing units in California. Linc Housing projects typically include a variety of facility amenities and l ife-enhancing resident programs/services, such as computer literacy, career and financial management training, English as a Second Language, and intensive case -management services that enhance residents quality of life. Staff is also requesting that the Co uncil authorize the City Manager to negotiate and execute an ENA with Linc Housing after the necessary consultation with the State Department of Housing and Community Development (HCD) has been completed. During the proposed 90-day term of the ENA, the Cit y Manager and Linc Housing would define and establish the terms of a potential Disposition and Development Agreement (DDA) that could lead to the development of a future affordable housing project. The Council's approval of the ENA would also authorize the City Manager to execute up to two 90-day ENA extensions at his discretion.
BACKGROUND INFORMATION:
The City currently owns Assessor Parcel Number (APN) 611 -142-004. The north-eastern portion of this APN hereafter referred to as the “Site" is depict ed in Attachment B. Staff believes that AGENDA ITEM #10.2
Resolution No. 10294 declaring the north-eastern portion of Assessor Par... Page 449 of 556 development of a high-quality affordable housing project on the Site would help the City in addressing the City’s Regional Housing Needs Assessment (RHNA) allocation of 2,963 affordable units. The development of th e Site would require a General Plan Amendment, Zone Change, and a Tentative Parcel Map to create the land that would be adequately configured to accommodate a development project.
Before the City Council can take any action to sell or dispose of City -owned property, the City must comply with the California Surplus Land Act (Government Code 54220 et seq.) ("SLA"' or the "Act).
The Act governs the disposition of City -owned land and requires the legislative body of the local agency (the City Council) to declare City-owned land as either "surplus land" or "exempt surplus land" as supported by written findings. The Act also requires a consultation and public noticing process be followed prior to the disposition of surplus land, or prior to the selection of or engaging in negotiations with a housing partner. Local agencies are also required to prioritize opportunities for certain uses of surplus land including affordable housing development.
The Act does exempt property disposed of exclusively for the devel opment of affordable housing.
Pursuant to Government Code 54221(f)(1)(A), the City can declare surplus land as “Exempt Surplus Land.” The declaration allows the City to follow a different disposition process that is not subject to the standard Surplus Land Act notice of availability process. Instead, the City can comply with Government Code Section 37364, which authorizes a City to sell, or quitclaim, convey or otherwise dispose of real property at less than fair market value to provide housing affordable to persons and families of low or moderate income provided that the following conditions are met:
• Not less than 80 percent of the area of any parcel of property shall be used for development of housing.
• Not less than 40 percent of the total number of thos e housing units developed on any parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low-income households.
• Dwelling units produced for persons and families of low or moderate income shall be restricted by recorded regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years.
At the end of the ENA term, staff may return to the Council to seek execution of a Disposition and Development Agreement formalizing the deal terms for the disposition of the Site and the development of an affordable housing project.
ATTACHMENTS:
Attachment 1: Resolution to Linc Housing Staff Report
Attachment 2: Site Map APN 611-142-004
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 13 Jul 2022 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Jul 2022 Bryan H. Montgomery, City Manager Approved - 13 Jul 2022
AGENDA ITEM #10.2
Resolution No. 10294 declaring the north-eastern portion of Assessor Par... Page 450 of 556 RESOLUTION NO. 10294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,
DECLARING TH E NORTH -E ASTERN P O R T I O N OF ASSESSOR PARCEL NUMBER 611-142-004 GENERALLY LOCATED EAST OF ARABIA STREET AND SOUTH
OF LEROY WAY TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(A)
WHEREAS, the City of Indio ("City") owns certain property (Assessor Parcel Number 611-142-004) generally located East of Arabia Street and South of Leroy Way; and,
WHEREAS, the City desires that the north-eastern portion of such parcel be developed as a 100 percent affordable housing project; and,
WHEREAS, pursuant Government Code Section 54221(b)(1) of the Surplus Land Act (Government Code Sections 54220 -54234), the City Council must declare the Property to be "surplus land" or exempt surplus land" before the City Council takes action to dispose of the Site; and,
WHEREAS, Government Code Section 54221(f)(1)(A) defines "exempt surplus land" to include surplus land that is transferred pursuant to Government Code Section 37364; and,
WHEREAS, Government Code Section 37364 authorizes a City to sell, lease, exchange, quitclaim, convey, or otherwise dispose of real property to provide housing affordable to persons and families of low or moderate income provided that the following conditions are met:
(a) Not less than 80 percent of the area of the parcel will be used for the development of housing; and,
(b) Not less than 40 percent of the total number of those housing units developed on the parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households; and,
(c) Dwelling units produced for persons and families of low or moderate income under Government Code Section 37364 shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, with such regulatory agreement recorded in the Office of the County Recorder in which the housing development is located; and,
WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Site is exempt surplus land, as supported by written findings; and,
WHEREAS, the development of affordable housing on the Site will increase the supply of much-needed housing that will be available to low and moderate income households; and,
AGENDA ITEM #10.2
Resolution No. 10294 declaring the north-eastern portion of Assessor Par... Page 451 of 556 WHEREAS, an affordable housing development on the Site would assist the City in meeting the affordable housing requirement of the City’s Regional Housing Needs Assessment (RHNA); and,
WHEREAS, prior to any disposition or sale, the Site will undergo a General Plan Amendment, Zone Change, a n d Tentative Parcel Map as needed to allow development of an affordable housing residential development; and,
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development ("HCD"), any determination by a local agency that its surplus lands are exempt from the Surplus Land Act must be provided to HCD for its review at least 30 days prior to disposition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby declares pursuant to Government Code Sections 5422l(b) and 5422l(f)(1)(A) that the Site is exempt surplus land because the City intends t o dispose of the Site pursuant to Government Code Section 37364 for the development of an affordable housing project that complies with the requirements of Government Code Section 37364.
Section 3. That the City Manager is hereby authorized and directed to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.
Section 4. That the City Manager is hereby authorized, jointly and severally, to take any other such actions as they deem necessary or proper to effectuate the purposes of this Resolution, and all actions previously taken are hereby ratified.
Section 5. That the City Council hereby finds that the actions are not subject to California Environmental Quality Act ("CEQA") because they are activities that are exclude d from the definition of a project by section 21065 of the Public Resources Code and section 15378(b) of the State CEQA Guidelines. This action declares the Site exempt surplus land and directs staff to effectuate the purpose of this Resolution. This is administrative activity of government which will not result in direct or indirect physical changes to the environment. No commitment to any project is being made at this time. CEQA review requirements must be completed before any commitment to a project occurs and appropriate environmental review pursuant to CEQA will be completed at such time.
Section 6. Effective Date. This Resolution shall take effect immediately upon adoption.
Section 7. The City Clerk shall certify the adoption of this Resolution.
AGENDA ITEM #10.2
Resolution No. 10294 declaring the north-eastern portion of Assessor Par... Page 452 of 556 PASSED, APPROVED AND ADOPTED this 20th day of July 2022.
WAYMOND FERMON, MAYOR
ATTEST:
CYNTHIA HERNANDEZ, CMC
SECRETARY
AGENDA ITEM #10.2
Resolution No. 10294 declaring the north-eastern portion of Assessor Par... Page 453 of 556
ATTACHMENT TO STAFF REPORT
Site Map
(The Site comprises the north-eastern portion of Assessor’s Parcel Number 611-142-004 as approximately depicted by the red boundary.)
APN 611-142-004
SITE
AGENDA ITEM #10.2
Resolution No. 10294 declaring the north-eastern portion of Assessor Par... Page 454 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 generally located west of Clinton Street and south of Highway 111 to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A) and authorizing the City Manager to negotiate and execute an Exclusive Negotiating Agreement (ENA) with Liberty Star Management for the potential development of affordable rental housing
RECOMMENDATION:
1) Adopt Resolution No. 10316 declaring Assessor Parcel Number 616-130-006, (the “Site”) generally located west of Clinton Street and south of Highway 111 to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A); and, 2) authorize the City Manager to negotiate and execute a 90-day Exclusive Negotiating Agreement (ENA) with Liberty Star Management with up to two 90 -day term extensions to establish the terms of a potential Disposition and Development Agreement for the development of an affordable rental housing project.
SUMMARY:
Adoption of Resolution No. 10316 (Attachment A) would declare the subject site (Attachment B) as Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A). This adoption would facilitate the City’s ability to pursue an affordable rental housing project with Liberty Star Management (LS Management). LS Management is a New York -based real-estate company that has developed, operated and managed commercial and high -density residential properties for over 50 years. LS Management's projects typically include a variety of facility amenities that include swimming pools, courtyards, complementary gyms, onsite leasing/management offices and other amenities. Event, meeting and educational space with multi -generational programming ranging from after school tutoring to computer literacy classes are also typically provided. Staff is also requesting that the Council authorize the City Manager to negotiate and execute a 90 -day ENA with LS Management after the necessary consultation with the State Department of Housing and Community Development (HCD) has been completed. During the proposed initial 90 -day term of the ENA, the City Manager and LS Management would define and establish the terms of a potential Disposition and Development Agreement (DDA) that could lead to the development of a future affordable housing project. The Council's approval of the ENA would also authorize the City Manager to execute up to two 90 -day ENA extensions at his discretion.
BACKGROUND INFORMATION:
Assessor Parcel Numbers 616-130-006 comprises the Site as depicted in Attachment B. The property was acquired by the City in 2004 via a Grant Deed transfer from Century Homes (Las Brisas North, LLC). The Site is a vacant undeveloped land -locked parcel of land generally located west of Cli nton AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 455 of 556 Street and south of Highway 111. Staff believes that development of a high-quality affordable housing project on the Site would help the City in addressing the City’s Regional Housing Needs Assessment (RHNA) allocation of 2,963 affordable units.
Before the City Council can take any action to sell or dispose of City -owned property, the City must comply with the California Surplus Land Act (Government Code 54220 et seq.) ("SLA"' or the "Act).
The Act governs the disposition of City -owned land and re quires the legislative body of the local agency (the City Council) to declare City-owned land as either "surplus land" or "exempt surplus land" as supported by written findings. The Act also requires a consultation and public noticing process be followed prior to the disposition of surplus land, or prior to the selection of or engaging in negotiations with a housing partner. Local agencies are also required to prioritize opportunities for certain uses of surplus land including affordable housing development.
The Act does exempt property disposed of exclusively for the development of affordable housing.
Pursuant to Government Code 54221(f)(1)(A), the City can declare surplus land as “Exempt Surplus Land.” The declaration allows the City to follow a diffe rent disposition process that is not subject to the standard Surplus Land Act notice of availability process. Instead, the City can comply with Government Code Section 37364, which authorizes a City to sell, or quitclaim, convey or otherwise dispose of real property at less than fair market value to provide housing affordable to persons and families of low or moderate income provided that the following conditions are met:
• Not less than 80 percent of the area of any parcel of property shall be used for development of housing; and,
• Not less than 40 percent of the total number of those housing units developed on any parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low-income households; and,
• Dwelling units produced for persons and families of low or moderate income shall be restricted by recorded regulatory agreement to remain continually affordable to those pers ons and families for the longest feasible time, but not less than 30 years.
At the end of the ENA term, staff may return to the Council for consideration of a Disposition and Development Agreement formalizing the deal terms for the disposition of the Site and the development of an affordable housing project.
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:
N/A Strategic Objective:
Source of funds: N/A Fund-Org-Object
Reference:
Additional Financial Details:
There is no fiscal impact to the General Fund as a result of this action.
ATTACHMENTS:
AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 456 of 556 Attachment 1: Resolution to LS Management Staff Report
Attachment 2: Site Map (APN 616-130-006)
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 13 Jul 2022 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 13 Jul 2022 Bryan H. Montgomery, City Manager Approved - 13 Jul 2022
AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 457 of 556
ATTACHMENT A
RESOLUTION NO. 10316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DECLARING ASSESSOR PARCEL NUMBER 616-130-006 GENERALLY LOCATED WEST OF CLINTON STREET AND SOUTH OF HIGHWAY 111 TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(A)
WHEREAS, the City of Indio ("City") owns certain property (Assessor Parcel Number 616-130-006) generally located west of Clinton Street and south of Highway 111; and,
WHEREAS, the City desires that said parcel be developed as a 100 percent affordable housing project; and,
WHEREAS, pursuant Government Code Section 54221(b)(1) of the Surplus Land Act (Government Code Sections 54220 -54234), the City Council must declare the Property to be "surplus land" or exempt surplus land" before the City Council takes action to dispose of the Site; and,
WHEREAS, Government Code Section 54221(f)(1)(A) defines "exempt surplus land" to include surplus land that is transferred pursuant to Government Code Section 37364; and,
WHEREAS, Government Code Section 37364 authorizes a City to sell, lease, exchange, quitclaim, convey, or otherwise dispose of real property to provide housing affordable to persons and families of low or moderate income provided that the following conditions are met:
(a) Not less than 80 percent of the area of the parcel will be used for the development of housing; and,
(b) Not less than 40 percent of the total number of those housing units developed on the parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low income households; and,
(c) Dwelling units produced for persons and families of low or moderate income under Government Code Section 37364 shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, with such regulatory agreement recorded in the Office of the County Recorder in which the housing development is located; and,
WHEREAS, pursuant to the Surplus Land Act, the City Council must take formal action in a regular public meeting to declare that the Site is exempt surplus land, as supported by written findings; and,
WHEREAS, the development of affordable housing on the Site will increase the supply of much-needed housing that will be available to low and moderate income households; and,
AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 458 of 556 WHEREAS, an affordable housing development on the Site would assist the City in meeting the affordable housing requirement of the City’s Regional Housing Needs Assessment (RHNA); and,
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development ("HCD"), any determination by a local agency that its surplus lands are exempt from the Surplus Land Act must be provided to HCD for its review at least 30 days prior to disposition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby declares pursuant to Government Code Sections 5422l(b) and 5422l(f)(1)(A) that the Site is exempt surplus land because the City intends to dispose of the Site pursuant to Government Code Section 37364 for the development of an affordable housing project that complies with the requirements of Government Code Section 37364.
Section 3. That the City Manager is hereby authorized and directed to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.
Section 4. That the City Manager is hereby authorized, jointly and severally, to take any other such actions as they deem necessary or proper to effectuate the purposes of this Resolution, and all actions previously taken are hereby ratified.
Section 5. That the City Council hereby finds that the actions are not subject to California Environmental Quality Act ("CEQA") because they are activities that are excluded from the definition of a project by Section 21065 of the Public Resources Code and section 15378(b) of the State CEQA Guidelines. This action declares the Site exempt surplus land and directs staff to effectuate the purpose of this Resolution. This is administrative activity of government which will not result in direct or indirect physical changes to the environment. No commitment to any project is being made at this time. CEQA review requirements must be completed before any commitment to a project occurs and appropriate environmental review pursuant to CEQA will be completed at such time.
Section 6. Effective Date. This Resolution shall take effect immediately upon adoption.
Section 7. The City Clerk shall certify the adoption of this Resolution.
AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 459 of 556 PASSED, APPROVED AND ADOPTED this 20th day of July 2022.
WAYMOND FERMON, MAYOR
ATTEST:
CYNTHIA HERNANDEZ, CMC
SECRETARY
AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 460 of 556
ATTACHMENT B
Site Map
The Site comprises Assessor’s Parcel Number 616-130-006 as depicted by the red boundary. (The Site is approximately 4.41 acres in size.)
SITE
AGENDA ITEM #10.3
Resolution No. 10316 declaring Assessor Parcel Numbers 616-130-006 gener... Page 461 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10313 determining the number of Cannabis Storefront Retail Business Program Permits to be issued in the City and determining that establishment of the number of permits to be issued is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(B)(3)
RECOMMENDATION:
Resolution No. 10313 determining the number of Cannabis Storefront Retail Business Program Permits to be issued in the City and determining that establishment of the number of permits to be issued is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(B)(3)
SUMMARY:
Resolution No. 10313 will establish the total number of Cannabis Storefront Retail Business Program Permits to be issued in the City.
BACKGROUND INFORMATION:
On June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California.
On December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sect ions 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.
On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Ca nnabis Storefront Retailer and Cannabis Non - Storefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3). Also, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city.
Subsection 123.10 (C) of the Indio Municipal Code specifies that the number of each type of Cannabis Business that shall be permitted to operate in the City shall be established by resolution by the City Council. Subsection 123.10 (D) of the Indio Municipal Code specifies that notwithstanding Section AGENDA ITEM #10.4
Resolution No. 10313 determining the number of Cannabis Storefront Retai... Page 462 of 556 123.10 (C), the total number of allowable Cannabis Storefront Retail permits established by City Council resolution shall be no more than one (1) permit for every fifteen thousand (15, 000) residents in the City of Indio, and no less than one (1) permit for every twenty-five thousand (25,000) residents in the City of Indio and that the population of the City of Indio shall be based on the official census population estimate, as periodically updated by the US Department of Commerce, Census Bureau.
Staff is recommending one (1) permit per 17,500 residents in the City of Indio that would result in five (5) total number of allowable Cannabis Storefront Retail Business Program permits based on the current census population for the City of Indio of 90,416 persons (Source: 2020 U.S. Census).
Subsection 123. 10 (E) of the Indio Municipal Code specifies that each year following the City’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution. Subsection 123.10 (F) of the Indio Municipal Code specifies that the City Council, at its sole discretion, may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified.
Staff believes that the establishment of the establishment by resolution of the number of Cannabis Storefront Retail Business Permits to be issued in the City pursuant to Subsections 123.10 (C) and 123.10 (D) of the Indio Municipal Code is in the interest of the public health, safety and welfare.
The determination of the number of permits to be issued in the City for the City ’s Cannabis Business Permit Program is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ordinance No. 1779 governing the locations of storefront cannabis retail, non -storefront cannabis retail and cannabis delivery. The City Council also approved Ordinance No. 1780 that regulates the operation of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery in the City. The determination of the number of permits to be issued in the City for the City’s Cannabis Business Permit Program is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council finds the adoption of said fees exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ATTACHMENTS:
ResolutionNo10313_CannabisNumberPermits
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 13 Jul 2022 Roxanne Diaz, City Attorney Approved - 13 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Jul 2022 Bryan H. Montgomery, City Manager Approved - 14 Jul 2022
AGENDA ITEM #10.4
Resolution No. 10313 determining the number of Cannabis Storefront Retai... Page 463 of 556
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RESOLUTION NO. 10313
A RESOLUTION OF THE CITY COUNCIL THE CITY OF IND IO, CALIFORNIA
DETERMINING THE NUMBER OF CANNABIS STOREFRONT RETAIL BUSINESS
PERMITS TO BE ISSUED IN THE CITY AND DETERMINING THAT ESTABLISHMENT
OF THE NUMBER OF SAI D PERMITS IS EXEMPT FROM REVI EW UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, on June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California; and,
WHEREAS, on December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City; and,
WHEREAS, on May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA Guidelines section 15061(b)(3); and,
WHEREAS, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new C hapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city; and,
WHEREAS, Subsection 123.10 (C) of the Indio Municipal Code specifies that t he number of each type of Cannabis Business that shall be permitted to operate in the City shall be established by resolution by the City Council; and, WHEREAS, Subsection 123.10 (D) of the Indio Municipal Code specifies that notwithstanding Section 123.10 (C), the total number of allowable Cannabis Storefront Retail permits established by City Council resolution shall be no more than one (1) permit for every fifteen thousand (15,000) residents in the City of Indio, and no less than one (1) permit for every twenty-five thousand (25,000) residents in the City of Indio and that t he population of the City of Indio shall be based on the official census population estimate, as periodically updated by the US Department of Commerce, Census Bureau; and, WHEREAS, Subsection 123. 10 (E) of the Indio Municipal Code specifies that each year following the City’s initial award of permits, if any, or at any time in the City Council’s
AGENDA ITEM #10.4
Resolution No. 10313 determining the number of Cannabis Storefront Retai... Page 464 of 556
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discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and make any changes by resolution; and, WHEREAS, Subsection 123.10 (F) of the Indio Municipal Code specifies that t he City Council, at its sole discretion , may determine that the number and/or types of Cannabis Business Permits should remain the same or be modified; and, WHEREAS, one (1) permit per 17,500 residents in the City of Indio would result in five (5) total number of allowable Cannabis Storefron t Retail Business Program permits based on the current census population for the City of Indio of 90,416 persons (Source:
2020 U.S. Census); and,
WHEREAS, the City Council has determined that the establishment of the establishment by resolution of the number of Cannabis Storefront Retail Business Permits to be issued in the City pursuant to Subsections 123.10 (C) and 123.10 (D) of the Indio Municipal Code is in the interest of the public health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES 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 herein.
SECTION 2. The total number of permit s to be issued in the City for the City’s Cannabis Business Permit Program shall be five (5) Storefront Retail permits based on the current official census population estimate by the US Department of Commerce, Census Bureau.
SECTION 3. The City Council finds that the determination of the number of permits to be issued in the City for the City’s Cannabis Business Permit Program is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ordinance No. 1779 governing the locations of storefront cannabis retail, non -storefront cannabis ret ail and cannabis delivery. The City Council also approved Ordinance No. 1780 that regulates the operation of storefront cannabis retail, non -storefront cannabis retail and cannabis delivery in the City. The determination of the number of permits to be issu ed in the City for the City’s Cannabis Business Permit Program is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council find s the adoption of said fees exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
AGENDA ITEM #10.4
Resolution No. 10313 determining the number of Cannabis Storefront Retai... Page 465 of 556
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SECTION 4. This Resolution shall take effect upon its adoption.
SECTION 5. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2022.
WAYMOND FERMON, MAYOR
ATTEST:
________________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #10.4
Resolution No. 10313 determining the number of Cannabis Storefront Retai... Page 466 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10314 establishing procedure guidelines and review criteria to govern the application and selection process for Cannabis Storefront Retail Business Program Permits and determining that the adoption of these procedure guidelines and review criteria is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
RECOMMENDATION:
Adopt Resolution No.10314 establishing procedure guidelines and review criteria to govern the application and selection process for Cannabis Storefront Retail Business Program Permits and determining that the adoption of these procedure guidelines and review criteria is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
SUMMARY:
Resolution No. 10314 will establish procedure guidelines and review criteria that will govern the application and selection process for Cannabis Storefront Retail Business Program Permits
BACKGROUND INFORMATION:
On June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California.
OnDecember 6, 2017, the Cit y Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.
On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non - Storefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3). Also, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, o f the Indio Municipal Code to regulate commercial cannabis uses in the city.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 467 of 556 Staff believes that the adoption of procedure guidelines and review criteria to govern the application and selection process for Cannabis Storefront Retail Business Program Permits will assist the City in effectively and transparently administering this program.
The adoption of Application Procedure and Guidelines and Review Criteria for the administration of the City of Indio Cannabis Business Permit Program is exempt from th e California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ordinance No. 1779 governing the locations of storefront cannabis retail, non - storefront cannabis retail and cannabis delivery. The City Council also approved Ordinance No. 1780 that regulates the operation of storefront cannabis retail, non -storefront cannabis retail and cannabis delivery in the City. The adoption of the Application Procedure and Guidelines and Review Cr iteria will allow the City to effectively and transparently administer the City’s Cannabis Business Permit Program. Therefore, the adoption of the Application Procedure and Guidelines and Review Criteria is covered by the common sense exemption in that CEQ A applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council finds the adoption of said fees exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ATTACHMENTS:
ResolutionNo10314_CannabisApplicationProceduresGuidelinesExhibitsCombined
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 13 Jul 2022 Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Jul 2022 Bryan H. Montgomery, City Manager Approved - 14 Jul 2022
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 468 of 556
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RESOLUTION NO. 10314
A RESOLUTION OF THE CITY COUNCIL THE CITY OF IND IO, CALIFORNIA
ESTABLISHING PROCEDURE GUIDELINES AND REVIEW CRITERIA TO GOVERN
THE APPLICATION AND SELECTION PROCESS FOR CANNABIS STOREFRONT
RETAIL PERMITS AND DETERMINING THAT THE ADOPTION OF THESE
PROCEDURE GUIDELINES AND REVIEW CRITERIA IS EXEMPT FROM REVIE W UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) WHEREAS, on June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California; and,
WHEREAS, on December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City; and,
WHEREAS, on May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non-Storefront Retailer Businesses in commercial land use districts except for the neighborhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cannabis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3); and,
WHEREAS, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new C hapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city; and,
WHEREAS, the City Council has determined that the adoption of Application Procedure and Guidelines and Review Criteria will assist the City in effectively and transparently administer the City’s Cannabis Business Permit Program and is in the public safety, interest and welfare of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES 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 herein.
SECTION 2. The Application Procedure Guidelines and Review Criteria for a Commercial Cannabis Business Permit (Storefront Retail Applications) attached hereto as Exhibit “A” is hereby adopted.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 469 of 556
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SECTION 3. The City Manager, or designee, is authorized to make non - substantive corrections, clarifications, and revisions to the Application Procedure and Guidelines and Review Criteria as deemed necessary to facilitate the orderly and efficient implementation of any cannabis storefront retail business permit application and selection process initiated or conducted by the City.
SECTION 4. The City Council finds that the adoption of Application Procedure and Guidelines and Review Criteria for the administration of the City of Indio Cannabis Business Permit Program is exempt from the California Environmental Quality Act (CEQA) pursuan t to Section 15061(b)(3) of the CEQA Guidelines. The City Council previously adopted Ordinance No. 1779 governing the locations of storefront cannabis retail, non -storefront cannabis retail and cannabis delivery. The City Council also approved Ordinance No. 1780 that regulates the operation of storefront cannabis retail, non-storefront cannabis retail and cannabis delivery in the City. The adoption of the Application Procedure and Guidelines and Review Criteria will allow the City to effectively and transparently administer the City’s Cannabis Business Permit Program. Therefore, the adoption of the Application Procedure and Guidelines and Review Criteria is covered by the common sense exemption in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Accordingly, the City Council find s the adoption of said fees exempt from C EQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 5. This Resolution shall take effect upon its adoption.
SECTION 6 The City Clerk shall certify to the passage, approval, and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2022.
WAYMOND FERMON, MAYOR
ATTEST:
________________________________
CYNTHIA HERNANDEZ, CMC
CITY CLERK
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 470 of 556 EXHIBIT “A”
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 471 of 556 1 City of Indio
Community Development Department
100 Civic Center Mall
Indio, CA 92201
Phone: 760-541-4207
Email: [email protected]
APPLICATION PROCEDURE GUIDELINES AND REVIEW CRITERIA
FOR A COMMERCIAL CANNABIS BUSINESS PERMIT
(STOREFRONT RETAIL APPLICATIONS)
Application Period
OPENS – SEPTEMBER 1, 2022
CLOSES – OCTOBER 6, 2022
NUMBER OF PERMITS
During this application period the City will be allowing up to five (5) Cannabis Storefront Retail permits under this process.
RETAIL BUSINESS
“Retailer” shall have the same meaning as that contained in Section 26070(a)(1) of the California Business and Professions Code.
ORIENTATION “KICK OFF” MEETING
The City will hold a virtual Orie ntation “Kick Off” Meeting on August 9, 2022 from 1:30 p.m. to 3:00 p.m. and will be held in person at the Indio City Council Chambers, 150 Civic Center Mall, Indio, CA 92201 and virtually . Participants m ust pre-register for the Orientation Meeting , however, attendance at the Orientation Meeting is not required to apply for a Cannabis Business Permit. The registration link will be available on the City’s website at:
https://www.indio.org/your_government/development_services/cannabis.htm
CONTACT
If you have any question s or would like an u pdate on the status of your application, please contact the Community Development Department at 760-541-4207 or b y email at [email protected].
These Procedure Guidelines apply solely to Cannabis Storefront Retail Applications
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 472 of 556 2 APPLICABLE REGULATIONS
Information regarding the Commercial Cannabis Business (CCB) Application process ca n be found on the City’s website at:
https://www.indio.org/your_government/development_services/cannabis.htm
Information relevant to the CCB Application process includes the following:
Application Procedures Guidelines
and Review Criteria
Financial Responsibility, Indemnity and
Consent to Inspection Terms Agreement
City of Indio Municipal Code (IMC)
Chapter 123 (Business Regulations)
City of Indio Municipal Code (IMC)
Chapter 159 (Zoning Regulations)
Property Owner Consent/Landlord Affidavit
Background Check Portal Link
Commercial Cannabis Business (CCB)
Permit Application
To be considered for issuance of a Cann abis Business Permit, applications must be submitted to the Community Development Department located at the address listed on these procedures by the deadline. There will be no exceptions. Th ese Procedure Guidelines and Review Criteria (hereafter referred to as “Procedures ”) constitute the application process and are adopted pursuant to the Indio Municipal Code (IMC) Chapter 123.13.
Applicants should monitor the City’s web page for any additional information, FAQs, or updates.
It is the responsibility of the Applicant to stay informed of this information.
AMENDMENTS TO THE APPLICATION
Applicants will not be allowed to make amendments to their application or to supplement their application, except as otherwise specifically permitted in these Procedures, or posted on the City’s website as a clarifi cation update, or as authorized in writing by the City Manager or his/her designee.
City staff and/or the Consultant will conduct a preliminary evaluation of the applications for completeness.
Applications missing a major component (for example, a Security Plan), will be rejected and the City will notify the Applicant by email that they have been disqualified.
For Applications missing essential information, (for example, signatures/dates on forms, proof of payment receipts, scanned pages in one of the sc oring criteria documents, or incorrect formatting or organization of files) , the primary contact will be notif ied by email that their application is found to be missing minor requirements. If this is the case, the Applicant may be granted five business days from the date of the email to submit the required supplemental information.
Should you receive an email from the City we ask that you confirm receipt of it immediately. If the City does not get confirmation fro m your primary contact within two days, it may, but is not required to, make an attempt to notify the primary contact by phone in case the email went into the recipient’s spam folder unnoticed. Please note additional time to complete the curing process will not be provided, and Applicants should monitor incoming and spam email carefully.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 473 of 556 3 Furthermore, any additional information, other than what was requested to cure deficiencies, will not be considered . Finally, an Applicant will be notified if their applica tion is incomplete or if there is any other reason for which they will not be moving forward in the application process.
LIMITATIONS ON MULTIPLE SUBMISSIONS
Applicants possessing an ownership interest of ten percent ( 10%), or more, in a retail cannabis permit application shall be limited to su bmitting only one application which includes retail during this application period . In addition, the City will only accept a maximum of two application Zoning Verification Letters (ZVL) per property (APN). Furthermore, without exception, only one retail Applicant will be issued a retail permit per location by the City Council.
CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications, with or without cause or reason.
The City may m odify, postpone, or cancel the request for a CCB permit without liability, obligation, or commitment to any person, party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any Applicant in or der to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process.
This application process is adopted pu rsuant to IMC Chapter 123.13. Applicants are encouraged to r eview all information regarding the application process. Before submitting an application, Applicants should review the application in its entirety to ensure that it is complete and accurate. In a ddition, Applicants should regularly mo nitor the information regarding the Cannabis Business Permit application process on the City webpage for any additional information.
APPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements o utlined in the “Application Procedure and Review Criteria for a Commercial Cannabis Business Permit. ” Applicants must submit all required application materials together via the online submittal and payment portal to be found on the cannabis portion of the City’s website.
The application package must include all of the following documents with original signatures for each document (where applicable).
1. Cannabis Business Permit Application;
2. Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement;
3. Agreement on Limitations of City’s Liability and Indemnification to City;
4. Application fee and Background Check fee(s);
5. Property Owner Consent/Landlord Affidavit;
6. Proof of Insurance or Letter of Insurability from the Insurance Company;
7. Proof of Capitalization;
8. Zoning Verification Letter.
APPLICATION PROCESS
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 474 of 556 4 ONLINE APPLICATION SUBMITTAL CONTENTS
All Applic ants must submit one complete digital copy of the applicat ion package per the requirements as outlined in the be low format. The entire application package must be received by the Community Development Department at the same time using the online submittal portal.
Please note that responses to the Evaluation Criteria, Sections A-C (found in Appendix A of the Procedures) shall be limited t o 200 pages, otherwise p oints will be de ducted. Responses pertaining to Backgrounds, Proof of Capit alization, Zoning Ve rification Letter, Property Owner Consent/Landlord Affidavit, and Business Owner Acknowledgement Form shall not be included in the 200-page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below). Applicant responses to the Evaluations Criteria (Sections A-C) must be provided in the section order identified in Appendix A . Each section shall be clearly labeled, with responses provided in the appropriate section . Any response to Evaluation Criteria that is not placed within the appropriate section will receive a deduction in points.
All materials must be submitted in a PDF format in the following order. Please submit the files in the correct format and organized correctly or your application may be rejected.
PDF File #1 Cannabis Business Permit Application (pages 1-3); Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F3); Agreement on Limitations of City’s Liability and Indemnification to City (pages F4-F6); and Property Owner Consent/Landlord Affidavit. All copied documents shall display required signatures to be deemed complete.
PDF File #2 Evaluation Criteria (Responses to Sections A-C of Appendix A limited to 200 pages)
PDF File #3 Background Check documentation (All required documents for each owner).
Upon submission of the online background application, Applicants will receive an email confirmation. This confirmation needs to be printed, scanned, and included within PDF File #3.
PDF File #4 Proof of Capitalization (Appropriate bank statements, loan documents, promissory notes, financial and commitment letters)
PDF File #5 Zoning Verification Letter (ZVL) which shows the correct location, unit, space, or suite number in the building being used. Proof of Insurance or a letter showing proof of insurability by a qualified insurance company which shows the location being insured in City of Indio, the type of activity being insured, and the name of the business being insured. Copies from another business location in another city owned by the Applicant will not be accepted.
CRIMINAL BACKGROUND CHECK
Each Owner as defined in Chapter 123.06 (N) must undergo a c riminal history background check to demonstrate they do not provide “good cause” for denial per IMC Chapters 123.08 and 123.37 (K) . Owners who do not meet the criminal history eligibility requirements of Chapter 123.37 (K) will be disqualified. The background form can be found online at:
https://hdlcompanies.formstack.com/forms/bc_indio
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 475 of 556 5 The initial background check fee for each owner shall be $3 00.00. This process will be required to meet the minimum threshold qualifications pursuant to IMC Chapter 123.37 (K).
In addition, each successful Applicant will be asked to submit to a Live Scan as part of the background check as determined by the Chief of Police . Prior to being issued a permit , the Applicant’s primary contact will be notified by email with the instructions on how to schedule the Live Scan appointment.
ZONING VERIFICATION LETTER (ZVL)
As part of a complete application packet, an Applicant must obtain a Zoning Verification Letter from the Community Development Department. To secure this letter, an Applicant must make a written request to the Community Development Department which should specify the intended use of the building, and the pr oposed building location. Please advise the City if you currently occupy the premises or if there is a tenant currently occupying the premises and what type of business activity is being conducted.
The issuance of a ZVL does not constitute written evide nce of permission given by the City or any of its officials to operate a cann abis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory permit for a CCB does not constitute a permit that runs with the land on which the cannabis business is established.
FEES
All Applicants will be required to submit a fee of $10,856. This amount will be charged against time spent by City staff and the Consultant in reviewing applications and administrating the application process. Applicants may be required to pay additional amounts , as required, for the sole purpose of the City’s completion of the application review process. Payment must be made by a certified check, cashier’s check or money order made payable to the City of Indio. Please note the City will not accept cash or credit cards and application fees are non -refundable once the City has begun reviewing the application.
A separate fee for the Zoning Verification Letter (ZVL) of $452 per site and a Background Check Fee of $300 per owner, will also be required.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 476 of 556 6 SUBMITTAL DEADLINE
Applications must be received b y the Community Development Department by 4:00 p.m. on October 6, 2022 . Late applications will not be accepted. Furthermore, an application may be rejected for the following reasons:
1. It is not responsive to this Cannabis Business Permit application and the Application Procedure Guidelines for a Commercial Cannabis Business Permit.
2. The issuance of the Cannabis Business Permit for the proposed location does not comply with State law, IMC Chapter 123 (Business Regulations) and/or IMC Chapter 159 (Zoning Regulations).
PHASE I: DETERMINATION OF ELIGIBILITY
Applications will be reviewed for completeness and compliance to meet the minimum submittal requirements. The determination of eligibility will be based on the criteria outlined in these Procedures, in accordance with IMC Chapter 123.13. These Procedures may be amended as provided in IMC Chapter 123.43, in writing, for clarification to application submittal questions which will be posted in the FAQ section of the Cannabis Information webpa ge and shall go into full effect immediately upon being posted on the website.
PHASE II: APPLICATION EVALUATION AND REVIEW (1,200 points) During Phase II, the City’s consultant will review and score each application using a merit - based system . Applicants will be scored using the following evaluation criteria identified in Appendix A:
Section A – Business Plan (400 points)
Section B – Labor and Employment Plan (400 points)
Section C – Security Plan (400 points)
The top applicants, as determined by the City, which score a minimum of 90% or higher (1,080 points) in Phase II may be eligible to advance to Phase III. The decisi on as to how many applicants will be interviewed will be determined by the quantity of applicants and the overall quality the City receives. Notice of the results of Phase II will be provided in writing via email to the primary contact listed on the application.
PHASE III: INTERVIEWS (1,600 points)
During Phase III, a Staff Selection Committee designated by the City Manager wi ll conduct a merit-based interview process. Applicants will be scored using the following evaluation criteria identified in in Appendix A:
Section D - Qualifications of Owners (400 Points)
Section E - Neighborhood Compatibility (400 Points)
Section F - Community Benefits and Investments Plan (400 Points) Section G - Proposed Site Plan (400 Points)
APPLICATION REVIEW, SCORING, AND APPROVAL PROCESS
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 477 of 556 7 Upon the completion of Phase III, the Staff Selection Committee will tabulate the scores of all Applicants from Phase III to create a preliminary ranking which will form the basis for determining who will be invited to participate in Phase IV. The ranking will be based upon the scores received through the Phase III merit -based interview process. Should there be a tie in any scoring, the Staff Selection Committ ee shall force rank each of the Applicants who participated in Phase III, in order to establish an eligibility list.
Prior to the tabulation of scores, the City reserves the right to request and obtain additional information from any candidate, for purpos es of clarifying or validating information provided during Phase III interviews. The City Manager may review the totality of the in formation received, including any additional information received, to determine which applicants are authorized to participate in Phase IV.
PHASE IV: CITY COUNCIL INTERVIEWS AND FINAL DECISION
Upon the completion of Phase III, the City Manager will presen t to the City Council the top Applicants from the Phase III process. The City Council will interview top Applicants and make a final determination as to which Applicant(s) will be awarded a CCB permit. Each Applicant should be prepared to conduct a brief presentation in order to be interviewed by the City Council. Further details as to date, time, place, and length of presenta tion will be provided prior to the City Council interviews.
After the City Council has made a determination as to who if any Applic ants will be awarded a CCB permit and as a condition of issuance of the regulatory permit, the operator of each cannabis facility shall enter into a Community Benefit Agreement with the City setting forth the terms and conditions under which the cannabis f acility will operate that are in addition to the requirements of Chapter 123.36 (C), including, but not limited to community benefits such as public outreach and education, community service, payment of fees and other charges as mutually agreed, and such o ther terms and conditions that will protect and promote the public health, safety and welfare.
In addition, any community ben efits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the com mercial cannabis business will operate with the City of Indio’s approval, if and when a Community Benefit Agreement is execut ed. Upon successfully negotiations in this phase of the process the Applicant will then be authorized to proceed to apply for any r equired land use permits and a business license and related approvals.
Any Applicant wishing to appeal Phase I through Phase III of the Application Process may file an appeal with the City Clerk’s Office within ten (10) days of the Applicant receiving a n otice that they will not move forward in the application process or be issued a permit. Such appeals shall comply with the re quirements of IMC Chapters 123.22 through 123.25. Any decision made by the City Council to award or not to award a cannabis permit shall be final and shall not be subject to appeal.
NOTE: Being awarded a CCB permit does not constitute a land use entitlem ent and does not waive or remove the requirements of applying for and receiving permits for all construction including: electrical, plumbing, fire, Community Development Department permits or reviews, and any other permits, licenses, or reviews as deemed n ecessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a CCB permit
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 478 of 556 8 guarantee that the plans submitted via the CCB application process meet the standards or requirements in IMC Chapter 159 or as amended and any other permit requirements from other City departments or agencies.
APPENDIX A: EVALUATION CRITERIA
The City of Indio is a public agency subject to the California Public Records Act (“CPRA”). In the event a request for information under the C PRA seeks disclosure of application materials marked by Applicant as “Confidential Information,” the City will make reasonable effo rts to provide notice to the Applicant prior to such disclosure to allow Applicant to seek a protective order, injunctive rel ief, or other appropriate remedy. If Applicant contends any designated application materials are exempt from the CPRA and wishes to prevent disclosure, it is required, at its own cost, liability, and expense to obtain a protective order, injunctive relief or other appropriate remedy from a court having jurisdiction over the matter at least two (2) days before City’s deadline to respon d to the CPRA request. If the Applicant fails to obtain such a remedy before the deadline for the City’s response to the CPRA request, the City will disclose the requested information and shall not be liable or responsible for such disclosure.
PHASE II EVALUATION
Important Instructions:
Evaluation Criteria identified in Sections A -C will be scored based upon Applicant response. Points may be deducted for responses that fail to meet State/local regulatory requirements, or best practices for the cannabis industry. Applicant responses to the Evaluations Criteria must be provided in the same order identified in Sections A -C below. Each section shall be clearly labeled, with responses provided within the appropriate section. Any response to Evaluation Criteri a that is not placed within the appropriate section will receive a deduction in points. Any commitments made by an Applicant during the evaluation process will become terms and conditions under which the cannabis business must operate. Applicants awarded a permit that fail to meet commitments made during the evaluation process may have their cannabis business license suspended or revoked by the City.
SECTION A: BUSINESS PLAN (400 points)
1. Finances – Application includes a budget for construction, operatio ns, maintenance, compensation of employees, equipment, property lease, security equipment and staff, City fees, state fees, u tility costs, product purchases and other anticipated contingency costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds. Application must address the following:
A. Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets.
B. A pro forma for at least three years of operations.
C. A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion.
2. Daily Operat ions – Application d escribes the day -to-day operations of the proposed Retail business, which meet industry best practices. This should include, at a minimum, a description of the following criteria:
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 479 of 556 9 A. Customer check-in procedures.
B. Location(s) and procedures for receiving deliveries during business hours.
C. The Point-of-Sale system (including name) to be used and how it will interact with the state’s mandated track and trace system. Identify the number of Point -of- Sales terminals to be used when the business is at full capacity.
D. The number of customers to be served per hour/day.
E. The proposed product line , including brand names, to be sold at the business, and estimate the percentage of sales of flower and manufactured products.
F. How the Cannabis Business will co nform to local and state laws. See IMC Chapters 123.38 and 159 as they pertain to retail establishments in the City of Indio.
G. How cannabis and cann abis products will be tracked and monitored to prevent diversion.
H. The proposed waste management plan, includi ng waste disposal locations, security measures, methods of rendering all waste unusable and unrecognizable, and the vendor in charge of disposal.
SECTION B: LABOR AND EMPLOYMENT PLAN (400 points)
1. Collective Bargaining – Application describes to what exte nt the cannabis business will recognize the collective bargaining rights of employees in accordance with MMC Chapter 123.13 (G).
2. Number of Employees – Application i dentifies the number of employees at initial opening, and the maximum number of employees when the business is at full capacity.
3. Employee Responsibilities – Application i dentifies all positions to be employed at the proposed business, and their responsibilities.
4. Employee Benefits – Application identifies the benefits provided to employees, including health care, vacation, and medical leave, to the degree they are offered as part of employment.
5. Living Wage – Application commits to offering employees a Living Wage, as defined by the MIT Living Wage calculator (https://livingwage.mit.edu/).
SECTION C: SECURITY PLAN (400 points)
1. Security Plan – The Application includes a sec urity plan that has been prepared by a qualified professional. The security plan can be prepared with in-house staff or a third- party security consultant, but must clearly demonstrate that it meets the professional standards requested to receive the approp riate points for each criterion in this section.
The qualifications of the person(s) preparing the security plan must be provided, for verification that they are able to meet these standards.
2. Premises Diagram – The Application includes a Premise Diagram in the Security Plan that meets the following requirements:
A. The diagram meets all of the standards identified in Department of Cann abis Control DCR Title 4, Division 19, §15006 Premises Diagram.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 480 of 556 10 B. The diagram shows the boundaries of the property and the proposed location to be licensed, showing all dimensions, entrances and exits, interior partitions, walls, rooms, windows, and doorways , and includes a brief statement or description of the principal activity to be conducted therein.
C. The diagram show s and id entifies commercial cannabis activities that will take place in each area of the premises and identifies all limited-access areas.
D. The diagram show s where all cameras are located and assign s a number to each camera for identification purposes.
E. If the propo sed location consists of only a portion of a property, the diagram is labeled indicating which part of the property will be used fo r the licensed premises and what activities will be used for the remaining property.
3. Operational Security – The Application includes a d escription of operational security, including but not limited to general security for access/visitor control and inventory control.
4. Cash Handling – The Application includes a d escription of cash handling procedures , including the process for r eceiving, tracking, storing and transporting cash generated by the retail business.
5. Perimeter Security – The Application includes a d escription of perimeter security, exterior lighting, on-site security guards, proposed guard hours and their responsibilities.
6. Employee Training and Policies – The Application includes a d escription of employee training and general security policies.
PHASE III EVALUATION
SECTION D: QUALIFICATION OF OWNERS (400 points)
1. Describe the business owner’s prior experience in own ing, managing, and operati ng a legally permitted or licensed retail cannabis business in the United States. For purposes of this section, owner shall mean the State definition of owner in the State Business and Professions Code Section 26001.
2. Describe your overall knowledge of the cannabis industry, including identification of how industry best practices and State regulations have b een incorporated in existing/prior legal businesses outside the City of Indio.
3. Describe the involvement of the ownership tea m in the day -to-day operation and management of the proposed business. Owner is defined based upon the State definition of owner, see Business and Professions Code Section 26001.
4. Describe to the extent to which the cannabis business will be a locally own ed enterprise and the owner(s) reside within the City of Indio. In order to qualify for this criteria, an owner must have lived in the City of Indio for at least one year prior to June 1, 2022.
SECTION E: NEIGHBORHOOD COMPATIBILITY PLAN (400 points)
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 481 of 556 11 1. Describe how the business will take proactive steps to avoid becoming a nuisance or having negative impacts on its neighbors or surroun ding community. Additionally, describe how the business will react and respond to complaints specifically related to noise, light, odor, public consumption, loitering, littering, and vehicle and pedestrian traffic.
2. Describe any diversity and inclusion pr ograms that will be developed as part of the business model which embraces a rich and diverse work force with a diverse set o f perspectives, work and life experiences, as well as religious and cultural differences that provide equal opportunities for employee development.
3. Describe the policies that you would implement , and how you would enforce these policies, to ensure your ca nnabis products do not end up in the hands of underage youth.
4. Provide a 1,000 -foot radius map/aerial -photo of the proposed locatio n, and a narrative description of the neighborhoods and/or business corridors immediately surrounding the proposed location.
SECTION F: COMMUNITY BENEFITS AND INVESTMENTS PLAN (400 points)
Describe the benefits that the business will provide to the local community, for example by directly aiding, participating in, or funding the work of local non -profits, community -based organizations, civic organizations, or social services organizations. Benefits may be in the form of volunteer services, monetary donati ons, financial support of City -sponsored activities or organizations, in-kind donations to charitable organizations and/or any other incentives to help achieve the strategic policy goals of the City Council.
The Community Benefits and Investment Plan should also include a description of the direct fee that will be offered to the C ity, expressed as a percentage of gross receipts , which will sunset upon the establishment of a local cannabis business license tax.
SECTION G: PROPOSED SITE PLAN (400 points)
1. Provide the following information about the existing site:
A. Physical address;
B. Narrative description of the existing site, including building(s), parking spaces, driveways, pedestrian sidewalks/rights-of-way,
C. Photographs of the existing property and building(s); i. Note: Photographs of building interior are not required.
D. Description of how the site is currently being used; E. Description of any businesses curren tly operating on the parcel (if any), and any parcels directly adjacent to the existing site.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 482 of 556 12 2. Provide the following information about the proposed site:
A. A site plan, drawn to scale, of the proposed business showing perimeter fencing, driveways, streets, property lines, buildings, parking areas, and outdoor areas.
B. A narrative description of proposed site improvements, including façad e rehabilitation, building expansion, parking, landscaping, fencing, or other exterior site improvements;
i. Note: Descriptions of interior site improvements are not a requirement of this section.
C. Visual depictions of the proposed exterior of the cannabis business.
AGENDA ITEM #10.5
Resolution No. 10314 establishing procedure guidelines and review criter... Page 483 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Review and discussion of and possible direction for the establishment of a Cannabis Storefront Retail Business Program Fee Schedule
RECOMMENDATION:
Review and discuss the proposed Cannabis Storefront Retail Business Program fee schedule and provide possible direction regarding the schedule
SUMMARY:
City staff, supported by HdL, the City's cannabis consultant, have analyzed the cost of providing permitting and other services related to the administration of the City’s Cannabis Storefront Retail Business Permit Program and have developed a proposed fee schedule.
BACKGROUND INFORMATION:
On June 27, the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) was signed into law, which provides a comprehensive regulatory framework for licensing, control and taxation of medical and adult-use cannabis related businesses in California.
On December 6, 2017, the City Council adopted Ordinance No. 1726 establishing Sections 159.565 through 159.568 of the Indio Municipal Code prohibiting commercial cannabis activity in the City.
On May 18, 2022, the City Council adopted Ordinance No. 1779 amending Chapter 159 (zoning regulations) of the Indio Municipal Code to allow Cannabis Storefront Retailer and Cannabis Non - Storefront Retailer Businesses in commercial land use districts except for the neighbo rhood commercial zone, mixed use land use districts and on properties regulated by a specific plan or project master plan that permit commercial land uses excluding any properties designated as neighborhood commercial; amending the subchapter entitled Cann abis Activity (159.565 et. seq.); and making a determination that the ordinance was exempt from review under CEQA pursuant to CEQA guidelines section 15061(b)(3). Also, on May 18, 2022, the City Council adopted Ordinance No. 1780 adding a new Chapter 123 entitled cannabis business activities to Title XI, Business Regulations, of the Indio Municipal Code to regulate commercial cannabis uses in the city.
California Government Code Section 66014 (a) authorizes local governments to charge fees for the processing of permits as long as the fees do not exceed the estimated reasonable cost of providing the services or materials. City staff, supported by HdL, the City's cannabis consultant, have analyzed the cost of providing permitting and other services related to the administration of the City’s Cannabis AGENDA ITEM #10.6
Review and discussion of and possible direction for the establishment of... Page 484 of 556 Storefront Retail Business Permit Program. The following is a summary of the proposed fees for this Program. Please note that the fees are inclusive of the City's 3.64 percent technology fee:
Fee Description Fee Amount
Annual Regulatory Fee for Cannabis Retail
Storefront Business Permit Recipients $23,082.70
Application Fee for Cannabis Retail Storefront
Retail Businesses $10,856.00
Appeal Fee $3,632.58
Application Renewal Fee $260.40
Background Investigation (Owner/Manager) $310.92
Background Investigation Renewal
(Owner/Manager) $103.64
ATTACHMENTS:
AttachmentA_Indio Cannabis Cost RecoveryStudy
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 13 Jul 2022 Roxanne Diaz, City Attorney Approved - 13 Jul 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Jul 2022 Bryan H. Montgomery, City Manager Approved - 14 Jul 2022
AGENDA ITEM #10.6
Review and discussion of and possible direction for the establishment of... Page 485 of 556 Fee Title Fee Unit
Application Fee 10,856.00 $ Application
Annual Regulatory Fee 23,082.70 $ Permittee
Appeal Process Fee 3,632.58 $ Appeal
Application Renewal Fee 260.40 $ Renewal
Background Investigation (Owner/Manager) 310.92 $ Owner/Manager Background Investigation Renewal (Owner/Manager) 103.64$ Owner/Manager CITY OF INDIO ‐ CANNABIS FEE SCHEDULE
ATTACHMENT A Page 1
AGENDA ITEM #10.6
Review and discussion of and possible direction for the establishment of... Page 486 of 556 Indio Application Process Cost Analysis
APPLICATION FEE
PROCESS DESCRIPTION PER APPLICATON
City of Indio Staff
Community outreach, policy/administrative development, and overall design of program. 1,608.00 $ Legal support for development, adoption and implementation of cannabis regulatory program. 800.00 $ Zoning ordinance development, buffer map design, and other planning/administrative functions. 321.60 $ Creation of Community Benefit Agreement template to serve as model for each proposed permittee. 200.00 $ Review/approval of application forms and instructions. 160.80$ Development of security design standards + review of applicant proposals. 74.00 $ Adoption of cannabis facility design guidelines. 118.40$ Receive and process applications by mail or in person. 50.25$ Notification of missing application materials, and processing of supplementary information provided by businesss with incomplete applications. 150.75$
Final high level review of cannabis business license applications. 100.50$ Negotiation and execution of Community Benefit Agreement. 200.00$ 100.00$
80.40$
Buffer/Zoning Review Review application for buffer and zoning requirements. Reject application that violate buffers/zoning regulations. Field potential challenges to sensitive use identification or buffer measurement. 201.00$ Local Authorization Respond to requests from State agency to verify "local authorizaton" of cannabis applicants for state license. Verify State agency has issued a state license. 4.02$
Consultant Services
Consulting Services Coordination with City Attorney on development of draft cannabis ordinance, development of fee study, assistance with City Council presentations, and other general consulting services. 1,200.00$ Application Review Quality assurance review of cannabis business license applications. 5,000.00$ Pre‐License Site Inspections Inspect cannabis facility for regulatory compliance prior to licensure. Includes lighting, security, signage, security cameras, inventory control, product storage, etc. 105.00$
Technology Fee (3.64%) 381.28$
Total Per Application 10,856.00$
General Administration
Application Design
Community Benefit Agreement Preparation and presentation of application and Community Benefit Agreements to City Council.
Application Intake/Review
ATTACHMENT A Page 2
AGENDA ITEM #10.6
Review and discussion of and possible direction for the establishment of... Page 487 of 556 Indio Annual Regulatory Cost Analysis
REGULATORY FEE
PROCESS DESCRIPTION PER LICENSEE
City of Indio Staff
Policy development and program management
Coordinate multi‐Department efforts to regulate the cannabis industry, including business regulation and enforcement. Provide central point of contact for City Council and businesses on cannabis related issues.
Work with City Council and departments to continually update and refine cannabis policies and procedures. 2,412.00$
Public education and outreach
Educate the public on cannabis health and safety related issues. Work with neighborhood groups and residents to ensure that businesses are operating according to the rules and regulations of the cannabis industry. Maintain the cannabis website for residents, consumers and businesses. 1,206.00$
Legal support
Provide legal support to interpret local ordinances, understand evolving State and Federal legislation, and review case law related to cannabis. Defend the City in cannabis litigation and administrative proceedings, and assist with enforcement of licensed facilities as needed. 4,500.00$
744.00$
744.00$
1,488.00$
1,110.00$
General administrative functions Handle administrative functions including license renewals, transfers of ownership, change in location, modification of premises, PRA response, and other cannabis specific services. 2,412.00$ 1,800.00$
1,800.00$
Payment processing and fee collection Receive, count, process and deposit fee payments from sanctioned businesses. Administer cannabis audit program. 4,056.00$
Technology Fee (3.64%) 810.70$
Total 23,082.70$
Fire Safety
Review, certify, and inspect licensed cannabis businesses to ensure ongoing compliance with California Fire Code, California Building Code, California Electrical Code, and other state and local requirements. Cannabis facilities frequently involve highly specialized equipment to address security, fire suppression, electrical, air filtration, cooling, hazardous materials, lighting, and other unique needs. The Fire Department may also provide support to the cannabis administrative enforcement team when needed.
Administrative enforcement
Lead administrative oversight/enforcement of licensed cannabis businesses. Code Enforcement staff will field complaints, track cases, schedule field visits, issue warnings and citations, process license suspension/revocations, and manage other general administrative duties.
ATTACHMENT A Page 3
AGENDA ITEM #10.6
Review and discussion of and possible direction for the establishment of... Page 488 of 556 Other Fees: Indio Additional Regulatory Cost Analysis
PROCESS DESCRIPTION PER APPEAL
Development of appeal form for applicants to challenge registration, buffer measurement, or other processes. 402.00$
402.00$
2,000.00$
Review administrative appeal materials and reverse/sustain decision. 201.00 $ Provide legal assistance with applicant appeal process. 500.00 $ Technology Fee (3.64%) 127.58$
Per Appeal 3,632.58$
PROCESS DESCRIPTION PER APPLICATION
Receive and process renewal applications by mail or in person. 50.25 $ Renewal application review for completeness. 201.00 $
Technology Fee (3.64%) 9.15$
Per Renewal 260.40$
PROCESS DESCRIPTION PER OWNER
Background Investigation (Owner)
Background checks of all cannabis businesses owners identified in application. Background checks are intended to supplement State required Live Scan fingerprint checks.
300.00$
Technology Fee (3.64%) 10.92$
Per Background Check 310.92$
PROCESS DESCRIPTION PER OWNER
Background Investigation Renewal
(Owner)
Perform annual background investigation renewals for cannabis owners and managers. 100.00$
Technology Fee (3.64%) 3.64$
Per Background Check Renewal 103.64$
OWNER BACKGROUND RENEWAL FEE
Application Renewal
OWNER/MANAGER BACKGROUND INVESTIGATION FEE
Appeal Process
APPEAL PROCESS FEE
APPLICATION RENEWAL FEE
Preparation of materials for administrative appeal process, pursuant to Section 123.22 of the IMC.
ATTACHMENT A Page 4
AGENDA ITEM #10.6
Review and discussion of and possible direction for the establishment of... Page 489 of 556 City of Indio
City Council
July 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10311 approving Engineer’s Annual Levy Report for the Landscape and Lighting Districts (Numbers 01 -22, 24 -29, and 31 -54) and Resolution No. 10312 ordering the levy and collection assessments within the fifty-two Landscape and Lighting Districts for Fiscal Year 2022-23
RECOMMENDATION:
Adopt (1) Resolution No. 10311 approving Engineer’s Annual Levy Report for the Landscape and Lighting Districts (Numbers 01-22, 24-29, and 31-54) for Fiscal Year 2022/2023; and, (2) Resolution No. 10312 orderi ng the levy and collection of assessments within the fifty -two (52) Landscape and Lighting Districts for Fiscal Year 2022-23.
SUMMARY:
There are fifty -two (52) separate Landscape and Lighting Districts in the City of Indio. The Districts were created consistent with the Landscape and Lighting Act of 1972, which requires an annual review by the City Council at a public hearing. City Council action would confirm and finalize the engineer’s report and authorize the levy and collection of assessments with the Districts for Fiscal Year 2022-23.
BACKGROUND INFORMATION:
The original Landscape and Lighting Districts were formed in order to finance landscape maintenance and appurtenant improvements that benefit specific properties. Since the formatio n of the original districts, the City Council has annually reviewed and approved annual assessments based on the Engineer’s Annual Levy Report.
In order to continue the lighting of streets and maintenance of parkways at current service levels, it is necessary to initiate the proceedings of levying the annual assessments under the Landscaping and Lighting Act of 1972.
The City Council, during the meeting of June 15 , 2022, approved three Resolutions. These Resolutions (a) initiated the yearly proceedin gs for the Landscape and Lighting Districts (LLDs); 01 - 22, 24-29, and 31-54; (b) approved the preliminary engineer’s report; and (c) declared intent to levy the annual assessments and set date and time of the required public hearing of July 20, 2022.
AGENDA ITEM #11.1
Resolution No. 10311 approving Engineer’s Annual Levy Report for the Lan... Page 490 of 556
PROCESS TIMELINE
July 20, 2022 Hold the public hearing, adopt the Resolution giving approval to the final Engineer’s Annual Levy Report, and adopt the Resolution ordering the levy and collection of assessments with the fifty-two (52) LLDs (Numbers 01-22, 24-29, and 31-54) for Fiscal Year 2022-23
August 10, 2022 Assessments filed with the County Assessor
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$20,120 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:
Source of funds: General Fund and District Levy Fund-Org-Object Reference:
N/A
Additional Financial Details:
In Fiscal Year 2022 -23, the fifty -two (52) LLD’s are expected to generate $1,364,888 according to financial records prepared by the consultant, Willdan Financial. The total expenditures for the operation and maintenance of the districts are projected to be $1,785,954, with the difference ($421,066) comprised of a combination of district fund balance decreases ($400,946) and a $20,120 contribution from the City’s general fund. All of the districts include costs for preparation of the annual LLD report, engineering services, data processing, mileage, and map duplication.
The Landscape and Lighting Districts Sundance LLD#01, Jackson Park Zone LLD#04; Sun Park West (Palmwood) LLD#07; Indio Center Plaza LLD#13; Villa Pacific LLD#15; Palm Meadows LLD#19; Riverbend LLD#22; Summer Place LLD#27; and Desert Trace LLD#50 will need a General Fund contribution to provide a level of maintenance that will present a safe, clean, and desirable appearance. The General Fund is obligated to pay for expenses approved by the C ity Council in excess of the annual levy when the district has no mechanism to fund the additional cost in the following year. The cost associated with this action is estimated to be $20,120 and is incorporated into the Fiscal Year 2022-23 budget. The approved assessment rate for these nine (9) LLD’s requiring a General Fund Contribution; has not kept up with the cost of the services provided in each of these Districts. In 1999, the City initiated and conducted property owner protest ballot proceedings for Districts 02, 03, 04, 05, 07, 08, 09, 12, 13, 14, 15, 17, 18, 20, 21, 22, 24, 25, 26, and 27. The ballot proceedings were to obtain property owner approval for an annual increase to maximum assessment rates for the Districts. At the conclusion of the Publ ic Hearing on August 4, 1999, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ballots indicated that majority protest did not exist in only four of the Districts balloted. The General Fund Contribution amounts for each districts for Fiscal Year 2022/2023 are as follows:
In order to increase the rates for Jackson Park Zone LLD#04; Sun Park West (Palmwood) LLD#07; Indio Center Plaza LLD#13; Villa Pacific LLD#15; Palm Meadows LLD#19; Riverbe nd LLD#22; and Summer Place LLD#27, the City would need to initiate Proposition 218 proceedings, which requires sending ballots to the affected property owners. A majority protest exists if 51% of the voters decline
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Each of these Districts are being assessed at maximum allowable assessment rate.
District General Fund Contribution for
FY 2022/2023
General Fund Contribution for
Prior Year
Sundance LLD#01 $2,167 $0
Jackson Park LLD #04 59 48
Sun Park West (Palmwood) LLD
#07 657 657
Indio Center Plaza LLD #13 11,374 10,976
Villa Pacific LLD #15 1,703 1,703
Palm Meadows LLD #19 570 570
Riverbend LLD #22 1,593 1,593
Summer Place LLD #27 132 132
Desert Trace LLD #50 1,865 0
Total $20,120 $15,679
In order to increase the rates for Sundance LLD#01, Jackson Park Zone LLD#04; Sun Park West (Palmwood) LLD#07; Indio Center Plaza LLD#13; Villa Pacific LLD#15; Palm Meadows LLD#19; Riverbend LLD#22 ; and Summer Place LLD#27, the City would need to initiate Proposition 218 proceedings, which requires sending ballots to the affected property owners. A majority protest exists if 51% of the voters decline an increase in the assessments, with the votes we ighted based on the amount of the assessment. Desert Trace LLD#50 has a three percent (3%) annual inflator, though costs are greater than the assessment revenue. Each of these Districts are being assessed at maximum allowable assessment rate.
Since the cost of the improvements has been greater than the amount that can be generated annually by the assessments, staff is recommending a general fund contribution for Fiscal Year 2022-23.
ATTACHMENTS:
Attachment 1 - FY 2022-23 Engineer's Annual Levy Report Attachment 2 - Resolution No. 10311
Attachment 3 - Resolution No. 10312
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FISCAL YEAR 2022-23
ENGINEER'S ANNUAL LEVY REPORT
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City of Indio
Landscape and Lighting Districts
(01-22, 24-29, 31-54)
2022/2023 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 15, 2022
Public Hearing: July 20, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com
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TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 3
II. BENEFIT ANALYSIS 5
A. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND BENEFITS 5 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 6
C. CONSOLIDATED DISTRICT INFORMATION 7
D. CHANGES TO THE DISTRICTS 9
E. CAPITAL IMPROVEMENTS 10
III. DISTRICT SPECIFICATIONS 12
A. GENERAL DESCRIPTION OF THE WORK TO BE PERFORMED 12
B. DESCRIPTION OF THE BOUNDARIES AND IMPROVEMENTS 12
DISTRICT #01 — SUNDANCE 12
DISTRICT #02 — SUN TREE RANCH 13
DISTRICT #03 — PARK PASEO 13
DISTRICT #04 — JACKSON PARK 14
DISTRICT #05 — DAYBREAK/PACESETTER HOMES 15
DISTRICT #06 — WHISPERING PALMS 15
DISTRICT #07 — SUN PARK 15
DISTRICT #08 — LUMBERMEN’S PARK 17
DISTRICT #09 — PAN AMERICAN 17
DISTRICT #10 — LIBERTY VILLAGE/DESERT SONG 17
DISTRICT #11 — SANTA FE HOMES 18
DISTRICT #12 — PARK MADISON 18
DISTRICT #13 — INDIO CENTER PLAZA 18
DISTRICT #14 — WILDFLOWER 19
DISTRICT #15 — VILLA PACIFIC 19
DISTRICT #16 — ZALAY RANCH 20
DISTRICT #17 — HIGHWAY 111 20
DISTRICT #18 — ENCANTO HOMES 21
DISTRICT #19 — PALM MEADOWS 21
DISTRICT #20 — EL CID 21
DISTRICT #21 — SANTA ROSA 22
DISTRICT #22 — RIVERBEND 22
DISTRICT #24 — CALIFORNIA PALMS 23
DISTRICT #25 — VERANDAS 23
DISTRICT #26 — RINCON HOMES 23
DISTRICT #27 — SUMMER PLACE 24
DISTRICT #28 — CALIFORNIA PALMS II 24
DISTRICT #29 — CHEYENNE RANCH 24
DISTRICT #31 — WARING PALMS 25
DISTRICT #32 — MONTEGO DUNES 25
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DISTRICT #33 — VILLA ESTATES 25
DISTRICT #34 — MADISON RANCH 25
DISTRICT #35 — CORTA BELLA 25
DISTRICT #36 — BELLA VIDA 26
DISTRICT #37 — LAS BRISAS NORTH 26
DISTRICT #38 — ENCANTO COLLECTION AT VILLA MONTEGO 26
DISTRICT #39 — MONTICELLO II AT HERITAGE PALMS 26
DISTRICT #40 — SHADOW HILLS 27
DISTRICT #41 — SUNBURST 27
DISTRICT #42 — QUAILS’ GATE ESTATES 27
DISTRICT #43 — WHITTIER RANCH 27
DISTRICT #44 — PALAZZO 27
DISTRICT #45 — SHADOW HILLS BUSINESS PARK 28
DISTRICT #46 — BELLA TIERRA 28
DISTRICT #47— RANCHO VERDE 29
DISTRICT #48— HACIENDAS/PATTON PARK 29
DISTRICT #49— AVENUE 42/JACKSON STREET 30
DISTRICT #50— DESERT TRACE 30
DISTRICT #51— DESERT MEADOWS 30
DISTRICT #52— LAS COLINAS 31
DISTRICT #53— MONROE STREET AND AVENUE 42 31
DISTRICT #54— COUNTY LAW BUILDING 31
IV. METHOD OF APPORTIONMENT 32
A. GENERAL 32
B. ASSESSMENT METHODOLOGY 32
C. ASSESSMENT RANGE FORMULA 34
V. CONSOLIDATED DISTRICT BUDGET 36
APPENDIX A – DISTRICT BOUNDARY/ ASSESSMENT DIAGRAM 52
APPENDIX B – 2022/2023 ASSESSMENT ROLL 52
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 1 of 52 I. OVERVIEW
A. INTRODUCTION
The City of Indio (“City”) annually levies and collects special assessments in order to provide and maintain the improvements within the Landscaping and Lighting Maintenance District (“Consolidated District”). There are fifty-two (52) separate districts (“District”) within the Consolidated District. Each District contained within this Engineer’s Annual Levy Report (“Report”) was formed pursuant to conditions of development prior to final tract map approval, to provide and continue the operation, maintenance and servicing of public improvements installed as part of the development that are associated with and benefit the properties within the respective Districts. Each District was formed and is levied annual assessments pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). The Districts are designated below (District #23 was contemplated but never formed by the City).
District No. District Name
District #01 Sundance
District #02 Sun Tree Ranch
District #03 Park Paseo
District #04 Jackson Park Zone
District #05 Daybreak/ Pacesetter Homes
District #06 Whispering Palms
District #07 Sun Park
District #08 Lumberman’s Park
District #09 Pan American
District #10 Liberty Village / Desert Song
District #11 Santa Fe Homes
District #12 Park Madison
District #13 Indio Center Plaza
District #14 Wildflower
District #15 Villa Pacific
District #16 Zalay Ranch
District #17 Highway 111
District #18 Encanto Homes
District #19 Palm Meadows
District #20 El Cid
District #21 Santa Rosa
District #22 Riverbend
District #24 California Palms
District #25 Verandas
District #26 Rincon Homes
District #27 Summer Place
District #28 California Palms II
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 2 of 52 District No. District Name
District #29 Cheyenne Ranch
District #31 Waring Palms
District #32 Montego Dunes
District #33 Villa Estates
District #34 Madison Ranch
District #35 Corta Bella
District #36 Bella Vida
District #37 Las Brisas North
District #38 Encanto Collection At Villa Montego
District #39 Monticello II At Heritage Palms
District #40 Shadow Hills
District #41 Sunburst
District #42 Quails Gate Estates
District #43 Whittier Ranch
District #44 Palazzo
District #45 Shadow Hills Bus. Park
District #46 Bella Tierra
District #47 Rancho Verde
District #48 Haciendas/ Patton Park
District #49 Ave 42/ Jackson Street
District #50 Desert Trace
District #51 Desert Meadows
District #52 Las Colinas
District #53 Monroe Street and Avenue 42
District #54 County Law Building
This Report describes the boundaries, the improvements, the annual budgets and the proposed assessments for each of the Districts for Fiscal Year 2022/2023 in accordance with Chapter 1, Article 4 ; beginning with Section 22565 of the 1972 Act. In an effort to reduce administrative costs, the Report required by the 1972 Act for each District has been incorporated into this single Report. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number (Assessor’s Parcel Number — “APN”) by the Riverside County (“County”) Assessor’s Office. The County Auditor/Controller uses Assessment Numbers and specific District Fund Numbers, to identify on the tax roll, properties assessed for special district benefit as sessments. The various improvements within the Districts and the cost to provide those improvements are identified and budgeted independently. Each parcel within a District is assessed proportionately for only those improvements provided in that District from which the parcel receives special benefit.
At a noticed annual Public Hearing, the City Council shall consider public comments and written protests presented. Upon conclusion of the Public Hearing, the City Council will direct any necessary modificati ons to the Report and by resolution approve the Report, including the assessment diagram and proposed assessments, as submitted or amended.
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 3 of 52 Pursuant to Section 22631 of the 1972 Act, adoption of such a resolution will constitute the order for the levy and collection of the assessments for the fiscal year. The assessment rates and method of assessment (“method of apportionment”) described in this Report as approved or modified by the City Council defines the assessments to be applied to each parcel within the Districts for Fiscal Year 2022/2023. The assessments as approved will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel for the fiscal year.
If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates approved by the City Council.
B. COMPLIANCE WITH CURRENT LEGISLATION
The Districts have been formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code. Assessments approved by the City Council shall be prepared in accordance with the 1972 Act and in compliance the provisions of the California Constitutional Article XIIID (“Article XIIID”).
Pursuant to the Section 5 of Article XIIID, certain assessments existing on July 1, 1997 (“existing assessments”) are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the assessments are increased. Specifically, the City determined that i) improvements financed by the Districts are for the maintenance and operation expenses for sidewalks and streets; and ii) the annual as sessments originally established for each District were part of the conditions of property development and approved by the original property owner (developer). As such, the property owners approved the existing District assessments at the time the assessments were created (originally imposed pursuant to a 100% landowner petition). Therefore, pursuant to Article XIIID Sections 5(a) and 5(b), the existing assessment rates for the Districts are exempt from the procedural requirements of Article XIIID Section 4.
In compliance with the substantive and procedural requirements of the Article XIIID, in Fiscal Year 1999/2000 the City initiated and conducted property owner protest ballot proceedings for Districts 02, 03, 04, 05, 07, 08, 09, 12, 13, 14, 15, 17, 18, 20, 21, 22, 24, 25, 26, and 27 of the Consolidated District contained in this Report. The ballot proceedings were to obtain property owner approval for an annual increase to maximum assessment rates for the Districts. At the conclusion of the Public Hearing on August 4, 1999, the property owner ballots returned were tabulated to determine if majority protest existed.
The tabulation of the ballots indicated that majority protest did not exist in four of the Districts balloted. The property owners within these four Districts approved the special benefit assessment increase presented and an assessment range formula that provides a three percent annual increase to the maximum assessment approved.
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 4 of 52 The four Districts that approved an assessment increase and inflationary adjustment are identified as:
District No. District Name
District #08 Lumbermen’s Business Park
District #17 Highway 111
District #25 Veranda
District #26 Rincon Homes.
In Fiscal Year 2000/2001, the City initiated and conducted property owner protest ballot proceedings for 02, 03, 04, 05, 07, 09, 12, 13, 14, 15, 18, 20, 21, 22, 24, and 27 of the Landscaping and Lighting Districts contained in this Report in compliance with the substantive and procedural requirements of Article XIIID. The ballot proceedings were to obtain property owner approval for an annual increase to maximum assessment rates for the Districts. At the conclusion of the Public Hearing on August 2, 2000, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ballots indi cated that majority protest did not exist in seven of the Districts balloted.
The property owners within these seven Districts approved the special benefit assessment increase presented and an assessment range formula that provides a three percent annual increase to the maximum assessment approved.
The seven Districts that approved an assessment increase and inflationary adjustment are:
District No. District Name
District #03 Park Paseo
District #09 Pan American
District #12 Park Madison
District #14 Wildflower
District #18 Encanto Homes
District #21 Santa Rosa
District #24 California Palms
In Fiscal Year 2003/2004, the City formed and conducted property owner protest ballot proceedings for Districts 31 through 39. In Fiscal Year 2004 /2005, the City formed and conducted property owner protest ballot proceedings for Districts 40 through 44. In Fiscal Year 2005/2006, the City formed and conducted property owner protest ballot proceedings for Districts 45 through 47. In Fiscal Year 2007/2 008, the City formed and conducted property owner protest ballot proceedings for District 48. In Fiscal Year 2008/2009, the City formed and conducted property owner protest ballot proceedings for Districts 49 and
50. At the conclusion of the Public Hearin gs, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ballots indicated that majority protest did not exist in the Districts balloted. Districts 31 through 50 represent the Districts formed b y the City in compliance with the substantive and procedural requirements of the Article XIIID.
The district assessments in Districts 31 through 5 0 which were approved by property owner balloting proceedings included the approval of maximum assessment rates and an
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 5 of 52 assessment range formula that allow for annual inflationary increases of three percent (3%) to the maximum assessment rates each fiscal year.
In Fiscal Year 20 12/2013, the City conducted property owner protest ballot proceedings to increase the assessment as well as incorporate an assessment range formula for Districts 30. At the conclusion of the Public Hearing, the property owner ballots returned were tabulated to determine if majority protest existed. The tabulation of the ball ots indicated that majority protest did exist and therefore the assessment range formula and assessment increase were not adopted. In Fiscal Year 2013/2014 the City decided to dissolve District No. 30 and let Heritage Palms CC/HOA take over the maintenance.
In Fiscal Year 20 13/2014, the City formed and conducted property owner protest ballot proceedings with an assessment range formula to allow for annual inflationary increases of three percent (3%) to the maximum assessment rates each fiscal year for District 51.
The tabulation of the ballots indicated that majority protest did not exist.
District 52 was previously Zone 46 in the Landscaping and Lighting Maintenance District No. 89-1 Consolidated of the County of Riverside. The City, as of Fiscal Year 2015/2016, took over the maintenance of the parcels within this district and incorporat ed it into the City of Indio Landscape and Lighting District as District No. 52.
In Fiscal Year 20 13/2014, the City formed and conducted property owner protest ballot proceedings with an assessment range formula to allow for annual inflationary increases of three percent (3%) to the maximum assessment rates each fiscal year for District 53.
The tabulation of the ballots indicated that majority protest did not exist.
District 54 was previously part of the Landscape and Lighting Maintenance District No 89- 1 Consolidated of the County of Riverside. The City, as of Fiscal Year 2016/17, took over the maintenance of the one parcel within this district and therefore has incorporated it into the City of Indio Landscape and Lighting District as District No. 54.
The proposed District assessments for any fiscal year may be increased over the previous fiscal year ass essment provided the assessment rate does not exceed the maximum assessment rate adopted and approved by the property owners. Pursuant to the provisions of Article XIIID, new or increased assessments (the incremental increase) are subject to both the subst antive and procedural requirements of Article XIIID Section 4, including a mailed property owner notice and protest ballot proceeding.
II. BENEFIT ANALYSIS
A. GENERAL DESCRIPTION OF THE IMPROVEMENTS AND BENEFITS The City annually levies and collects special benefit assessments in order to maintain and service the improvements within the Consolidated District. Each District provides for specific improvements and services that may include the maintenance and operati on of landscaping and associated appurtenances located within the public right -of-ways and dedicated easements in each of the Districts.
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 6 of 52 Improvements within each of the Districts and the properties associated with those improvements have been re viewed for benefit. Because each of the improvements maintained within the various Districts are local in nature and were originally installed as part of the development of properties assessed, it has been determined that there is no measurable general benefit to properties outside the Districts or to the public at large. In making this determination it should be noted that similar improvements throughout the City are typically maintained by individual property owners or through some type of association and the on -going maintenance of these improvements are a special benefit to the properties associated with those improvements.
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwis e authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pu rsuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 7 of 52 The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual mainte nance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. • The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
The landscape improvements provided by the Districts may include landscaped parkways, perimeters, entryways, local medians, slopes, internal amenities and appurtenant facilities. The annual assessments outlined in this Report are proposed to cover the estimated costs to provide the necessary ser vice, operation, administration, and maintenance required to keep these improvements in a healthy, vigorous, and satisfactory condition. The special benefits associated with the local landscaping improvements are specifically:
• Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the Districts providing a positive representation of the area.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, dust and debris control, and drainage and flood control.
• Increased sense of pride in ownership of property within the Districts resulting from well-maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the Districts through well -maintained surroundings and amenities including abatement of graffiti.
• Enhanced environmental quality of the parcels within the Districts by moderating temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the Districts.
C. CONSOLIDATED DISTRICT INFORMATION
Pursuant to the 1972 Act, the costs of each District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The benefit formula calculation used within each District varies, as do the improvements and properties receiving special benefit from those improvements. The formula used for ea ch District reflects the composition of the parcels within the District, and the improvements and services provided to fairly proportion the costs based on estimated benefit to each parcel. The improvements, the method of apportionment, the
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 8 of 52 proposed budget, and the details of each District are described for each District. The following table lists the Districts for Fiscal Year 2022/2023 and the number of parcels within each District.
District Number District Name
Number
of
Parcels
Parcels
Levied
Total
Equivalent
Benefit Unit
(EBU) (1)
FY 2022/2023
Maximum
Assessment
FY 2022/2023
Proposed
Applied Rate
District #01 Sundance 314 313 313.00 $78.26 $78.26 District #02 Sun Tree Ranch 59 59 59.00 $113.74 $113.74 District #03 Park Paseo 87 87 87.00 $251.74 $159.75 District #04 Jackson Park Zone A 66 66 66.00 $106.90 $106.90 Jackson Park Zone B 46 46 46.00 $87.44 $87.44
Jackson Park Zone C 2 2 2.00 $16.82 $16.82
Jackson Park (Total) 114 114 114.00
District #05 Daybreak/ Pacesetter Homes 183 183 183.00 $50.34 $50.34 District #06 Whispering Palms 510 510 510.00 $49.98 $49.98 District #07 Sun Park A 77 77 77.00 $46.60 $46.60
Sun Park B 25 23 23.00 $18.22 $18.22
Sun Park (Total) 102 100 100.00
District #08 Lumberman’s Park 11 11 17.89 $678.95 $678.94 District #09 Pan American 189 189 189.00 $155.47 $99.58 District #10 Liberty Village / Desert Song 109 107 107.00 $138.58 $138.58 District #11 Santa Fe Homes 167 167 167.00 $153.98 $153.98 District #12 Park Madison 37 37 37.00 $368.85 $273.72 District #13 Indio Center Plaza 19 15 1,090.00 $7.50 $7.50 District #14 Wildflower 80 80 80.00 $149.19 $85.70
District #15 Villa Pacific 48 48 48.00 $68.80 $68.80 District #16 Zalay Ranch 36 36 36.00 $163.28 $163.28 District #17 Highway 111 29 28 43.93 $248.67 $199.24 District #18 Encanto Homes 73 73 73.00 $226.64 $224.82 District #19 Palm Meadows 219 219 219.00 $98.16 $98.16 District #20 El Cid 20 20 20.00 $158.50 $158.50
District #21 Santa Rosa 113 99 99.00 $369.92 $369.92 District #22 Riverbend 61 61 61.00 $66.74 $66.74
District #24 California Palms 115 115 115.00 $204.64 $155.65 District #25 Verandas 98 98 98.00 $258.78 $220.38
District #26 Rincon Homes 121 121 121.00 $445.87 $425.41 District #27 Summer Place 156 156 156.00 $100.00 $100.00 District #28 California Palms II 94 94 94.00 $166.36 $166.36 District #29 Cheyenne Ranch 79 78 78.00 $195.26 $195.26 District #31 Waring Palms 143 140 140.00 $108.68 $108.68 District #32 Montego Dunes 120 117 117.00 $385.52 $194.36 District #33 Villa Estates 104 100 100.00 $316.75 $316.74
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2022/2023 LLD 01-22 and 24-29 and 31-54 Page 9 of 52 District Number District Name
Number
of
Parcels
Parcels
Levied
Total
Equivalent
Benefit Unit
(EBU) (1)
FY 2022/2023
Maximum
Assessment
FY 2022/2023
Proposed
Applied Rate
District #34 Madison Ranch 146 139 139.00 $511.18 $410.19 District #35 Corta Bella 31 28 28.00 $521.18 $521.18 District #36 Bella Vida 84 78 78.00 $450.75 $450.75 District #37 Las Brisas North 241 224 224.00 $372.62 $372.61 District #38 Encanto Collection At Villa Montego 457 449 449.00 $453.25 $370.99 District #39 Monticello II At Heritage Palms 155 136 136.00 $621.23 $392.77 District #40 Shadow Hills 520 483 483.00 $189.34 $75.47 District #41 Sunburst 137 135 135.00 $250.12 $181.35 District #42 Quails Gate Estates 8 8 8.00 $604.23 $136.34 District #43 Whittier Ranch 144 138 138.00 $720.71 $699.72 District #44 Palazzo 158 148 148.00 $433.11 $219.63 District #45 Shadow Hills Bus. Park 42 42 42.00 $1,425.12 $789.02 District #46 Bella Tierra 61 56 56.00 $1,258.64 $306.83 District #47 Rancho Verde 38 36 36.00 $1,088.10 $730.54 District #48 Haciendas/ Patton Park 303 287 385.00 $352.54 $151.54 District #49 Ave 42/ Jackson Street Zone A 33 33 73.38 $1,497.46 $28.12 Ave 42/ Jackson Street Zone B 17 10 8.42 $1,497.46 $9.50 Ave 42/ Jackson Street (Total) 50 43 81.80
District #50 Desert Trace 257 243 243.00 $330.42 $330.42 District #51 Desert Meadows 1 1 80.00 $280.53 $153.86 District #52 Las Colinas 136 128 128.00 $113.93 $89.14 District #53 Monroe Street/Avenue 42 27 10 3,621.00 $5.40 $5.40 District #54 County Law Building 1 1 588.13 $7.70 $7.70 Total All Districts 6,607 6,388 11,899.75
(1) Totals may not sum due to rounding.
D. CHANGES TO THE DISTRICTS
Changes to the Districts may include:
• The cost of maintaining the improvements (Budget);
• Changes in the annual assessments;
• Legislative changes that affect the District; or,
• Modifications to the District structure that include, but is not limited to —alterations in the existing improvements and/or services provided, addition of new improvements or services, addition of benefit zones, annexation of parcels into one of the Districts, or revisions in the method of apportionment.
AGENDA ITEM #11.1
Resolution No. 10311 approving Engineer’s Annual Levy Report for the Lan... Page 506 of 556
2022/2023 LLD 01-22 and 24-29 and 31-54 Page 10 of 52 Although no significant modificati ons to the structures of the Districts have been implemented in the last several years, the City has taken several steps towards enhancing the improvements within the Districts. To ensure a high level of maintenance, enhance the quality of life and appeara nce of the Districts, and ensure a fair and equitable apportionment of the improvement costs, the City annually reviews the improvements, the services provided, the costs associated with those improvements and current fund balances for each District.
In Fiscal Year 1999/2000 and again in Fiscal Year 2000/2001, the City initiated and conducted property owner protest ballot proceedings for assessment increases necessary to provide a higher level of service within several of the Districts. In conjunction wit h the assessment balloting process, the City held numerous public workshops to improve communication and obtain property owner input. Although property owners did not approve an assessment increase in every District balloted; those that approved an assessment increase also approved an assessment range formula. This assessment range formula provides a fixed 3% annual inflationary adjustment to the maximum assessment rate that may be imposed each fiscal year. (The annual assessment may not exceed the annually adjusted Maximum assessment).
The Districts formed since the passage of Proposition 218 in November 1996, have been formed pursuant to the 1972 Act and in conjunction with a property owner notice and protest ballot proceeding for the annual assessments in compliance with the provisions of the Article XIIID. In each of these Districts (Districts 31 through 51), the assessments presented to the property owners and approved by those property owners includes the assessment range formula that provides a 3% ann ual inflationary adjustment to the maximum assessment rate each fiscal year.
E. CAPITAL IMPROVEMENTS
FY 2021/2022 Capital Improvements Include:
* District #03 – Park Paseo; Paseo Entrada entry landscape upgrade *** District #06 – Whispering Palms; perimeters plant renewal * District #09 – Pan American; perimeters plant renewal * District #10 – Desert Song; Calhoun Street plant renewal * District #14 – Wildflower; Joaquin Street plant additions ** District #17 - Hwy 111; medians plant renewal + brimstone decomposed granite ** District #24 – California Palms I; plant renewal and/or conversion to a non-vegetation landscape design
*** District #32 – Montego Dunes; Harbour Lights retention basin fencing improvements and ID wall painting
*** District #36 – Bella Vida; perimeters turf conversion to desertscape and Keaton common lot plant renewal
*** District #38 – Villa Montego; multiple perimeters plant renewals ** District #40 – Shadow Hills; Jackson Street medians and parkways plant renewal *** District #43 – Whittier Ranch; new playground surfacing and parkways plant renewal