Indio City Council
February 1, 2023

City of Indio
AGENDA
City Council / Indio Water Authority
Wednesday, February 1, 2023 @ 5:00 PM
Council Chamber, 150 Civic Center Mall

The City Council serves as the Board for Indio Water Authority

The City Council Chamber will be open to the public and City Council meetings will be conducted in person and remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)

Members of the public will be required to comply with the California Department of Health Guidance for the Use of Face Coverings which strongly recommends that all persons, regardless of vaccine status, continue to mask while in indoor public settings and businesses. [Eff. 3/1/22].

You may view the meeting via Livestream on the City’s website, Facebook Live, YouTube or view and participate via Zoom
Webinar ID: 833 9646 5564, Passcode: 92201

Agenda en Español

Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subjec t to special posting requirements. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”) please contact the office of the City Clerk at 760-391-4007 prior to the meeting for assistance.

Members of the public who desire to address the City Council during the meeting may do so either in person or orally or in writing as described below.

Oral Comments: Oral testimony can be provided in person or during the virtu al live session. Individual speakers are limited to three minutes each, unless the Mayor amends the time limit. To address the Council in person please complete speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. To address the Council during the virtual live session via zoom, please email the City Clerk at [email protected], or alterna tively, during the specific agenda item or general comment period (i.e. non -agenda items), please use the "raise your hand" function in zoom in order to be recognized by the City Clerk in order to provide comments in real time. The City Clerk will facilitate to the extent possible any email requests to provide oral testimony that are sent during the live meeting. Please specify on the subject line of the email “Oral Comment” and note the agenda item number or if general comment (i.e. non-agenda item). To participate during the live session, please keep track of the meeting proceedings by watching the meeting via Livestream, Facebook Live, YouTube, or Zoom. Please raise your hand and your name or other identifier (phone number) will be called when it is you r turn to speak.

Written Comments: If you are unable to provide comments during the meeting (whether in person or the virtual live session), written public comments on agenda and non -agenda items, or both, may be submitted by email to the City Clerk at [email protected]. Please specify on the subject line the agenda item number or if general public comment (i.e. non-agenda item). For example on a specific item, write "agenda item 8a" on the email subject line.

Email/Written comments must be received by the City Clerk no later than 2:00 p.m. on the day of the meeting and such comments will be distributed to the City Clerk, City Council, posted on the agenda landing page and be made part of the agenda packet and public record of the meeting; however, they will not be read during the meeting.

Public Hearing Items: Any person may provide in-person comments on public hearing items. Oral or written comments will also be accepted on public hearing items in the manner prescribed in the notice at the top of this agenda except that comments will be accepted during the public hearing until the hearing is closed.

MISSION STATEMENT

THE CITY OF INDIO'S PUBLIC SERVANTS PROVIDE OUTSTANDING MUNICIPAL SERVICES TO ENHANCE

THE QUALITY OF LIFE FOR OUR RESIDENTS, VISITORS AND THE BUSINESS COMMUNITY

CLOSED SESSION - 4 PM

1. CALL TO ORDER AND ROLL CALL
Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

2. PUBLIC COMMENT
This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed at the top of this agenda. If the total time of comments extend beyond 30 minutes, the Mayor may defer further public comments for items Not on the Agenda until the end of the Agenda.

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 Conference with Real Property Negotiators, Government Code Section 54956.8; for 82314 Market Street (APN, 611-025-009), Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Core and Main; Under Negotiation: Price and Terms of Payment

3.2 Conference with Real Property Negotiators, Government Code Section 54956.8; for APNs, 614 -090-001, 614-090-002, 614-030-002, 614- 020-028, 614 -020-027, 614 -020-024, 614 -020-021, 611 -020-016, 614-020-015, 614 -020-012, 614 -020-011, 614 -020-008, 614 -020- 009, 6 14-020-005, Indio, City of Indio Negotiator: Bryan H.

Montgomery, City Manager; Negotiating Party: Chris Fahey; Under Negotiation: Price and Terms of Payment

REGULAR SESSION - 5 PM

1. CALL TO ORDER AND ROLL CALL
Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

2. INVOCATION
The City Council does not endorse the content of the invocation and does not endorse the invocational speaker’s particular faith, belief and/or religious denomination. The City Council does not engage in any prior inquiry, review of, or involvement in, the content of the invocation, except to request the speaker to refrain from using the invocation as an opportunity to attempt to convert others to a particular faith or to disparage any faith or belief and for the speaker to face the City Council. The City Council has an established neutral policy for selecting and scheduling invocational speakers. The City Clerk will make the Council’s policy on invocations available upon request for public inspection and copying.

3. PLEDGE OF ALLEGIANCE

4. CITY ATTORNEY REPORT ON CLOSED SESSION

5. PRESENTATIONS

5.1 Presentation of New Employees & Promotions (Bryan H. Montgomery)

6. YOUTH ADVISORY COUNCIL (YAC)
Frida Arriaga, Sofia Campbell, Miabella Cansino, Kailey Cisneros, Stephanie DeJesus, Mia Garcia, Xitlali Lucero Natividad, April Nunez Aceves, Taliyah Randolph, Aramis Jasso Rivera, Daniela Rodriguez, Vianca Terriquez, Viviana Terriquez and Victoria Terriquez

7. CITY MANAGER REPORTS AND INFORMATION

7.1 2022-2024 Strategic Plan Update
Attachment: 2022-2024 Strategic Plan
6 - 18

8. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS,

COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON
MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)

9. APPOINTMENTS

9.1 Nomination to the Palm Springs International Airport Commission Staff Report - Nomination to the Palm Springs International Airport Commission - Pdf
19 - 23

10. EXCUSE YOUTH ADVISORY COUNCIL

11. CONSENT CALENDAR
Consent calendar items are considered to be routine in nature and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. Public requests to discuss consent calendar items must be filed with the City Clerk before the consent calendar is called. This is the time for any member of the public wishing to speak on a consent calendar item to do so. Any member of the public wishing to speak shall have a total of three minutes to address any and all items on which he/she wishes to speak. Unless a consent calendar item is pulled for discussion by a council member, there will be no further opportunity to discuss the matter. If a consen t calendar item is pulled for Council discussion and a member of the public then wishes to speak, he/she shall limit comments to matters raised during the Council discussion.

11.1 Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Minutes for Jan. 18, 2023 - Pdf
24 - 31

11.2 City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 01.14.23 thru 01.27.23 - Pdf 32 - 38

11.3 IWA Warrants Period 01.04.23 thru 01.18.23 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants Period 01.04.23 thru 01.18.23 - Pdf 39 - 41

11.4 Agency Reimbursement Agreement between the City of Indio and the Coachella Valley Association of Governments (CVAG) for the Jefferson Street Widening Project (Project No. ST2203) and making a determination that the action is exempt from further environ mental review pursuant to Section 15301 (Existing Facilities) of the California 42 - 56

Environmental Quality Act (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Reimbursement w/ CVAG - Jefferson Street Widening Project (ST2203) - Pdf

12. ADMINISTRATIVE ITEMS

12.1 Ordinance No. 1780, an Ordinance of the City Council of the City of Indio amending Chapter 105 of Title IX of the Indio Municipal Code related to the use of unmanned aircraft (Drones), small unmanned aircraft, and unmanned aircraft systems, introduce the o rdinance by title only, request the City Clerk to read the title, and determining that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (Mike Washburn, Chief of Police) Recommendation:

Approve Introduction & Waive Full Reading
Staff Report - Ordinance No. 1780 - Drones - Pdf
57 - 107

12.2 Resolution No. 10341 adopting the City of Indio Legislative Platform for Fiscal Year 2022-23, and determining that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (Rogelio Huerta, Management Analyst) Recommendation: Approve
Staff Report - Reso. 10341 - Legislative Platform FY 22-23 - Pdf 108 - 118

13. PUBLIC HEARINGS

13.1 Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21- 12-466), a resolution of the City Council of the City of Indio approving the Tentative Parcel Map for the Indio Self -Storage Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code and adopting the CEQA Initial Study with Mitigated Negative Declaration (Kevin H. Snyder, Director of Community Development) Recommendation: Approve
Staff Report - Indio Self-Storage Project Tentative Parcel Map (TPM 21-12-466) - Pdf
119 - 138

14. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
This is the time set aside for public comment for items not on the agenda. Public comments may be provided in the manner prescribed on the first page of this agenda.

15. ADJOURN
NEXT COUNCIL / IWA MEETING: FEBRUARY 15, 2023
Agenda packets are available on the city’s website at www.indio.org. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available in City Clerk's Office at 100 Civic Center Mall, Indio, during normal City business hours and during the meeting.

PUBLIC NOTICE

The Indio City Council Chamber is accessible to person(s) with disabilities. If special equipment is needed, for the hearing impaired, please call the City Clerk's office.

Persons with disabilities can receive this agenda in an alternative format and should call the City Clerk's office at 3914007. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102.35.104 ADA Title 11).

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in Ordinance No. 1205. The City Council will s trictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public.

Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

DECLARATION OF POSTING

I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, do hereby declare that the foregoing agenda was posted on January 26, 2023 at least seventy- two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

City of Indio Council Chamber, 150 Civic Center Mall, Indio, CA 92201 City of Indio website www.indio.org

Sabdi Sanchez

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

1 SSTTRRAATTEEGGIICC PPLLAANN
2022-2024

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 6 of 138
2 SSTTRRAATTEEGGIICC PPLLAANN CCOONNCCEEPPTT

To ensure the continued success for the City of Indio, this Strategic Plan serves as an action plan for our future by:

 Describing a Vision of what we want Indio to become
 Establishing a Mission Statement that describes our purpose  Committing to Values and Ethics that describe our character  Outlining of Strategic Areas of Focus
 Setting forth specific Goals and Action Items to help achieve those Goals

This Plan will provide the principal guidance for the preparation of the City budget, program objectives and performance measures. It also provides direction on how we allocate resources, establish policy and progressively guide the affairs of the City organization. Practically, the Plan is a tool for the City Counc il and City S taff to effectively and efficiently meet the needs of our growing and dynamic community. This Plan is created through the hard work and contributions of the City Council and City Staff and with input from the community . City Staff will provide regular progress updates as the Plan is implemented.

VViissiioonn
The City of Indio is recognized as a vibrant Desert community where people live, work, play, shop, visit and thrive.

MMiissssiioonn
The City of Indio’s public servants provide outstanding municipal services to enhance the quality of life for our residents, visitors and businesses by promoting growth and prosperity.

EEtthhiiccss
City employees and officials are expected to demonstrate the highest standards of personal integrity, honesty and conduct in all activities in order to inspire public confidence. We must preserve and protect the public trust in all of our activities.

CCoorree VVaalluueess

 Honesty and Integrity  Fiscal Responsibility  Exceptional Service  Cooperation & Collaboration  Community Involvement  Open & Honest Communication  Effectiveness & Efficiency AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 7 of 138
3 PUBLIC SAFETY
Take all possible and prudent steps to
provide for continued effective and
efficient police, fire and ambulance service,
emergency planning; and coordinate with
others that provide public safety services.

BUSINESS & JOB GROWTH
Work aggressively to attract and retain
business by encouraging quality retail
development and by facilitating the
location of job/career producing industries
to Indio.

COMMUNITY INFRASTRUCTURE
(STREETS, BRIDGES, INTERCHANGES, STORM

DRAINS, PARKS, WATER LINES AND SYSTEMS,
ELECTRICAL & BROADBAND ) -- Focus on
both the financial and operational aspects
of the City’s Capital Improvement Program,
constructing and maintaining streets,
traffic signals, bridges, parks, water
systems and other related infrastructure to
meet the needs of our growing community.

COMMUNITY BEAUTIFICATION
Identify and implement projects that will
beautify our community, increase
desirability of commercial and residential
properties, and encourage residential
homeowners and business owners to
invest in landscaping and the cleanup of
their properties.

DOWNTOWN & HIGHWAY 111

REVITALIZATION
Facilitate the continued development and
redevelopment of the Downtown; and,
beautify and enhance the Highway 111
corridor.

FESTIVALS, EVENTS, ARTS &

CULTURE
Provide for high -quality festivals, inclusive
community events and actively promote
art and culture projects and activities.

COMMUNITY OUTREACH,

COMMUNICATION & PARTICIPATION
Nurture existing relationships and continue
to foster collaboration with community
partners. Strides will continue to
communicate with and engage the
community in all aspects of local
government.

FINANCIAL & ENVIRONMENTAL

SUSTAINABILITY AND OPERATIONAL

EXCELLENCE
Ensure fiscally sound operations by
continuously evaluating our processes to
maintain cost-effective public services.

Guide policy decisions with environmental
sustainability in mind. Our City Council
and lean Staff Team will foster confidence
by demonstrating a POLITE,
PROFESSIONAL and PROGRESSIVE
demeanor in all interactions.

AARREEAASS OOFF FFOOCCUUSS && GGOOAALLSS

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 8 of 138

4 Area of Focus #1: PPUUBBLLIICC SSAAFFEETTYY

GOAL: Take all possible and prudent steps to provide for continued effective and efficient police, fire and ambulance service, emergency planning; and coordinate with others that provide public safety services.

AACCTTIIOONN IITTEEMMSS::
 1.a. Complete Phase 1 of Public Safety Campus
 1.b. Implement a new state-of-the-art Body-Worn Camera system  1.c. Go-live with our new Computer-Aided Dispatch and Records Management System  1.d. Conduct an evidence-based assessment from CAD-RMS for patrol deployment with the goal of matching our deployment model with workload and demand  1.e. Finalize written protocols for and continue and refine the Quality of Life team’s efforts to address homeless issues and concerns
 1.f. Protect our staff and the public from the dangers of fentanyl by implementing a Naloxone program
 1.g. Create a formal recruitment program for new hires using modern, relevant technology and video story-telling, including a college campus initiative.  1.h. Present a comprehensive plan for the transition to the Riverside County Public Safety Enterprise Communications (PSEC) system
 1.i. Enhance traffic control unit and incr ease speed enforcement efforts, including the placement of five more solar-powered radar speed limit notification signs.  1.j. Update and adopt a comprehensive Emergency Operations Plan.  1.k. Develop and conduct a table top training exercise.  1.l. Establish Community Emergency Response Team (CERT) Training Program.  1.m. Provide for building and occupant life safety by completing annual business inspections regardless of occupancy type.
 1.n. Fully implement new Short-Term Rental ordinance and monitoring program  1.o. Post at least two positive Police stories/press releases each week.  1.p. Install access control system for PD Admin building

Area of Focus #2: BBUUSSIINNEESSSS && JJOOBB GGRROOWWTTHH GOAL: Work aggressively to attract and retain business by encouraging quali ty retail development and by facilitating the location of job/career producing industries to Indio.

AACCTTIIOONN IITTEEMMSS
AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 9 of 138

5 AACCTTIIOONN IITTEEMMSS:
 2.a. Create and implement a 5-Year Economic Development Work Plan  2.b. Develop a jobs to housing balance action plan to increase the overall number of available family-wage jobs in the City reducing the need for residents to commute outside of the City for employment. The action plan will establish a goal of reducing the current percentage of employees that work outside the City from 74 % of the population to 50% over a 10-year period.
 2.c. Continue to work with The Retail Coach to market the City’s opportunity sites to retailers, restaurants and hoteliers and provide quarterly updates  2.d. Finalize the Disposition and Development Agreement with the Haagen Company for the expansion of the Indio Grand Market Place.
 2.e. Annually reach out and check in with 25% of current and future major employers and top sales tax producers.
 2.f Coordinate an annual manufacturing tour with the local real estate brokerage community to encourage & promote new industrial development and job creation.  2.g. Complete and adopt the Zoning Code Update (a.k.a. Unified Development Code) thereby aligning the City’s land use and development standards with the adopted General Plan 2040.  2.h. In coordination with the Chamber, refresh SHOP LOCAL campaign to educate and inform the public about the small actions they can take during various seasons to boost their revenue base.
 2.i..Fully implement new cannabis ordinance.

Area of Focus #3: CCOOMMMMUUNNIITTYY IINNFFRRAASSTTRRUUCCTTUURREE

STREETS, BRIDGES, INTERCHANGES, STORM DRAINS,

PARKS, WATER LINES AND SYSTEMS, ELECTRICAL &

BROADBAND

GOAL: Focus on both the financial and operational aspects of the City’s Capital Improvement Program, constructing and maintaining streets, traffic signals, bridges, parks, water systems and other related infrastructure to meet the needs of our growing community.

AACCTTIIOONN IITTEEMMSS::
 3.a. Facilitate Monroe Interchange Project for bid in late 2023.  3.b. Get Jackson Interchange Project to “shovel-ready” status by late 2023.  3.c. Establish a City Council approved Pavement Condition Index (PCI) rating of 70 for all public streets to prioritize and direct capital investments in street maintenance and operations.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 10 of 138

6  3.d. Prepare plans and bid City Hall and Library project in early 2023.  3.e. Coordinate with Imperial Irrigation District to ensure upgrades and maintenance of the electrical infrastructure are meeting the needs of the community.  3.f. Purchase the 3.1 -acre property on Monroe Street for the future expansion of the Dr.

Carreon electrical substation.
 3.g. Complete Fiber Master Plan project and pursue short- term and long -term implementation actions for enhanced broadband delivery and access.  3.h. Establish a C ity-wide 5 -Year Capital Improvements Plan and an associated capital infrastructure investment policy that aligns with the City’s economic development goals that targets and directs public infrastructure investments in key areas of the City to support enhanced and increased opportunities for business growth and development.

Approved CIP projects for 2022-24:
• Indio Blvd N/B Over Coachella Valley Storm Water Channel • Ave 44 Low Water Crossing
• Madison Street Improvements from Highway 111 to Avenue 48 • Rancho Los Coyotes Pavement Improvements
• Avenue 50 Widening (Jefferson Street - Jackson Street) • Jefferson Street Widening (Avenue 38 - Avenue 40)
• Shields Road Connection
• Herbert Hoover Elementary Pedestrian Improvements
• Avenue 50 and Jackson Street Improvements
• Monroe and Avenue 41 Traffic Signal
• South Jackson Park ADA Improvements
• Civic Center Storm Drain Program
• Highway 111 and Jefferson Improvements
• Indio Sports Park Phase I
• Demo church building on Smurr and install turf
• Miles Avenue Skate Park
• Park & Playground Upgrades (DRD/JPIA) pursuant to studies • Misc. Median Landscaping Improvements
• Pickleball courts at Patton Park and at Miles Ave Park • Jefferson West Entry Median Improvements at Indio Blvd • Highway 111 Median Landscaping
• Museum Campus - Electrical, Insulation, HVAC
• Oasis Rd Beautification and "diet" from Indio Blvd to Hwy 111 • Avenue 48 Oleander Replacement (15G)
• Street sign mast arm replacements (new branding)
• Downtown Shade Trees
• Dog Park at Miles Avenue Park
• Downtown Gateway Signage
• Hwy 111 Corridor Façade, Signage Improvements
• Golf Center at Hwy 111 landscaping

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 11 of 138

7  3.i. Evaluate programmatic investment opportunities for the Indio Transportation Center based on the Council-adopted Multi-Modal Study to support its future multi-modal evolution including as a rail service train station.
 3.j. Complete the groundwater management plan as required by state law and oversee the implementation of the plan.
 3.k. Update and replace street signage for consistency with new City branding program.  3.l. Implement an asset management program for the management, maintenance and operations of City-wide infrastructure.
 3.m. Rehabilitate Well T and Well 2C.
 3.n. Complete the drilling phase of a a new groundwater well  3.o. Implement treatment technologies at Plant 3 to address changing State regulations such as Chromium 6.
 3.p. Fully implement Sustainable Groundwater Management Act (SGMA) actions including groundwater monitoring and reporting.
 3.q. Explore long-term water supply opportunities by collaborating with Coachella Valley agencies and complete feasibility of a recycled water replenishment project.  3.r. Prepare an annual Consumer Confidence Report (CCR) to inform customers about Indio Water Authority’s water quality and the agency’s commitment to safeguarding water supply.  3.s. Complete the replacement of 15 fire hydrants consistent with the latest industry standards.
 3.t Complete the design bid package for the replacement of Plant 2 Booster Pump Station Facility.
 3.u. Complete the design bid package for the Westward Ho Drive Pipeline Storm- water Crossing at Plant 4.
 3.v. Complete the preliminary design report to upgrade the downtown Indio water infrastructure.
 3.w. In partnership with the Desert Recreation District, improve and activate parks completing a minimum of 2 improvement and activation project s per fiscal year for the next five fiscal years.
 3.x. Evaluate costs of development of park land at Monroe and Ave. 49.  3.y. Prepare plans for funding for Phase II of Sports Park.

Area of Focus #4: CCOOMMMMUUNNIITTYY BBEEAAUUTTIIFFIICCAATTIIOONN

GOAL: Identify and implement projects that will beautify our community, increase desirability of commercial and residential properties, and encourage residential homeowners and business owners to invest in landscaping and the cleanup of their properties.

AACCTTIIOONN IITTEEMMSS::
 4.a. Establish a “Keep Indio Beautiful”, “Indio Lindo”, or similar program for community beautification.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 12 of 138

8  4.b. Evaluate the feasibility of a residential façade improvement program for targeted areas of the City to improve the exterior facades of eligible residential structures.  4.c. Create and implement a Commercial Beautification and Facade Improvement Grant Program for major north-south and east west commercial corridors focusing Year 1 efforts on Monroe Street, Year 2 efforts on Highway 111 and Year 3 efforts on Jackson Street.  4.d. Develop and implement a partnership with a local paint store to sponsor the repainting of block walls along key north/south and east/west corridors in the City.  4.e. Establish a quarterl y rotating “Clean the City” / “ Indio Cares” / “I love Indio” event in different parts of the City to facilitate individual property cleanups by property owners and neighborhoods utilizing City staff support and volunteer support from individual volunteers, youth groups and church groups.
 4.f. Reinstate the Better Neighborhoods Programs (BNP) as part of beautification program and complete a minimum of 1 capital infrastructure beautification project.  4.g. Refresh landscape medians with consistent look on all major arterial roads  4.h. Design, fabricate and install new art and/or signage at key gateways into the City.  4.i. Enhance and expand the current banner program to all connector and above designated streets throughout the City. (Add Veterans, students, etc. Remove unusable brackets)  4.j. Install new wayfinding signs throughout the City  4.k. Prepare and adop t City o rdinance requiring enforceable property maintenance standards for commercial, single-family and multi-family properties.  4.l. Re-introduce the collaboration with Women’s Club of Indio’s Yard of the Month program.  4.m. Implement Instagram contest for beautification projects in the community .  4.n. Increase code enforcement related to signage along main corridors such as Hwy 111 and Indio Blvd.

Area of Focus #5: DDOOWWNNTTOOWWNN && HHIIGGHHWWAAYY 111111

RREEVVIITTAALLIIZZAATTIIOONN

GOAL: Facilitate the continued development and redevelopment of the Downtown; and, beautify and enhance the Highway 111 corridor.

AACCTTIIOONN IITTEEMMSS::
 5.a. Pursue the marketing and sale of a minimum of three (3) City- owned properties for the development of 300 market rate housing units in Downtown.  5.b. Prepare and issue a Request for Proposal (RFP) for the Skarna property for a vertical mixed-use residential/commercial development with required ground floor retail space on Miles Avenue.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 13 of 138

9  5.c. Hold monthly “Second Saturday” concert event in the Downtown.  5.d. Plan, program and implement a Downtown beautification program to paint, provide blade sign s and add flowers on City and privately - owned properties on Miles Avenue and Oasis Street
 5.e. Activate empty City-owned storefronts with interim window-wraps and public art.  5.f. Plan, design and construct the downtown “living room” park and entertainment venue.  5.g. Prepare and implement a Downtown Branding, Identity, and Wayfinding Program including identity , gateway and directional signage along adjacent major streets and gateways entering the Downtown, as well as directional signage to key downtown destinations including public parking facilities.
 5.h. Refresh and update holiday lighting and tree starting with 2022 holiday season  5.h. Adopt and implement a façade improvement program for businesses in Downtown and along Highway 111.
 5.i Develop a short-term and long-term parking management plan for Downtown addressing off-street public and private parking facilities and on-street parking management.  5.j. Develop a Downtown business attractor program to work with owners of private property to aggressively attract local small businesses to locate or relocate in Downtown.  5.k. Complete and adopt the Highway 111 Corridor Specific Plan and implement short- term, mid-term and long -term actions identified by the Plan particularly in the areas of physical improvements and housing production and employment production.  5.l. Market and promote the Hwy 111 Specific Plan to developers and site selectors by exposing the development opportunities and facilitate new development along the Highway 111 corridor.
 5.m. Working closely with the Retail Coach, prepare a gap analysis and retail match list specific to downtown to use as a recruitment hit list to occupy empty storefronts.  5.n. Market and promote the Downtown Specific Plan to developers and site selectors by exposing the development opportunities and facilitate new development in downtown.  5.o. Complete demolition of church building on Smurr.  5.p. Create and implement plan for key Downtown corridor property acquisitions.

Area of Focus #6: FFEESSTTIIVVAALLSS,, EEVVEENNTTSS,, AARRTTSS && CCUULLTTUURREE

GOAL: Provide for high- quality festivals, inclusive community events and actively promote art and culture projects and activities.

AACCTTIIOONN IITTEEMMSS::
 6.a. Facilitate successful Coachella, Stagecoach and other large Festivals.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 14 of 138

10  6.b. Hold regular Downtown events.
 6.c. Develop a plan for other events that may include: Art Walks, Tequilas and Taps, Desert Spook Fest, Wine and Chocolate, Downtown Beer Festival, etc.  6.d. Work with GoldenVoice to increase the number of large festivals to the 5 maximum allowed events in the City to create multiple capture opportunities for visitors, business activity and market awareness.
 6.e. Prepare and adopt and Arts and Culture Master Plan for the City to provide a framework for the direction of arts and culture in the City over a 10-year planning period to ensure arts and culture’s relevancy, sustainability and enhancement in the Indio community.  6.f. Re-establish the “Art in the Square Chalk Festival” in Downtown Indio.  6.g. Facilitate and expand each year the annual International Tamale Festival  6.h. Work with Desert Theatreworks to establish an annual Performance Art Festival held at and around the IPAC to experience unscripted, unrehearsed and thought-providing work from local, national and international artists.
 6.i. Develop an updated City-wide murals program to guide fiscal investments, management, maintenance and operations of public and private murals.  6.j. Bring new art pieces to visible areas throughout the City, especially Downtown and at entries to the community
 6.k. Set up shop for Indio branding swag to be sold/distributed in key locations around the City for community pride and name recognition. Hire a person or contractor to arrange for inventory and strategic deployment of branding swag.
 6.l. Evaluate the potential for increased City-sponsored community events. Potential community events could include but not limited to Veteran’s Day, Holiday Festival, Juneteenth Celebration.
 6.m. Participate directly in public and private planning efforts for the year-round utilization of the County Fairgrounds to ensure that City goals and interests are represented and that future public and private investments reflect these interests  6.n. Facilitate Latin American Rhythm Festival in Downtown for fall of 2022.  6.o. Establish a staff special events review team to ensure coordination, advance notice and proper review of proposed event to conform to City policies.

Area of Focus #7: CCOOMMMMUUNNIITTYY OOUUTTRREEAACCHH,, CCOOMMMMUUNNIICCAATTIIOONN

AANNDD EEDDUUCCAATTIIOONN
GOAL: Nurture existing relationships and continue to foster collaboration with community partners. Strides will continue to communicate with and engage the community in all aspects of local government.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 15 of 138

11 AACCTTIIOONN IITTEEMMSS::
 7.a. Return all phone calls and emails same day or within 24 hours (or next business day).  7.b. Complete a new, user friendly, refreshed City website.  7.c. Coordinate regular updates to the City Council from partner agencies.  7.d. Continue building cooperative relationships with representatives of service clubs and other community groups and extend offers to have staff and/or Councilmembers attend their meetings.
 7.e. Establish virtual or in-person English/Spanish Town Hall series that will focus on hot topics in the community giving citizens and businesses an important to talk with City representatives to gather feedback and provide information.  7.f. Establish an Indio Leadership Academy that will provide a look into the workings of the City and engage participants in a hands-on overview of City government.  7.g. Ensure transparent communications of City projects via Tyler Munis.  7.h. Complete customer Web-Portal offering access to water conservation tools.  7.i. Develop a “Grow Your Own” program to create talent pipelines by collaborating with local education institutions, community groups, and businesses to establish programs such as internships, apprenticeships, and job shadowing.
 7.j. Create a “I love Indio” app in partnership with the Greater Coachella Valley Chamber of Commerce that helps residents and visitors quickly access info for restaurants, shopping, services, and events.
 7.k. Establish a speaking circuit for City officials to be guest speakers at schools (i.e. career day), service clubs, and HOAs.
 7.l. Promote water conservation at various City and community events at least 4 times per year.
 7.m. Engage HOAs and attend meetings to promote water conservation at least once per year.
 7.o. Incorporate regular water conservation messages with utility bills.

Area of Focus #8: FFIINNAANNCCIIAALL && EENNVVIIRROONNMMEENNTTAALL

SSTTAABBIILLIITTYY AANNDD OOPPEERRAATTIIOONNAALL

EEXXCCEELLLLEENNCCEE
GOAL: We will ensure fiscall y sound operations by continuously evaluating our processes to maintain cost -effective public services. Our City Council and lean Staff Team will foster confidence by demonstra ting a POLITE, PROFESSIONAL and PROGRESSIVE demeanor in all interactions.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 16 of 138

12 AACCTTIIOONN IITTEEMMSS::
 8.a. Conduct a comprehensive organizational analysis to assess and identify the appropriate long-term corporate culture, the optimal service delivery model (s) for the City and the most appropriate and efficient allocation of Department and employee focuses and resources.  8.b. Establish a 5-year plan forecasting and comply with City budget administration policies  8.c. Facilitate biennial Community-Council-Staff Strategic Planning Sessions  8.d. Continue emphasis of the 3P’s of Public Service: Polite, Professional, Progressive.  8.e. Establish an annual legislative setting process with the City Council to identify the City’s key regional, county, state and federal legislative priorities.  8.f. Develop and implement program for each Councilmember in meeting with County Supervisor, State Assembly member and Senator at least once per year.  8.g. Implement a comprehensive GIS based land management system that allows for data sharing across departments and ease of use for the City’s constituents.  8.h. Develop the needed policies and procedures to qualify for the Municipal Information Systems Association of California Excellence in Technology Practices Award.

 8.i. Establish an employee recognition and appreciation program to include acknowledgements, awards, events, peer-to-peer initiative surveys, etc.  8.j. Research the process of becoming a certified “Great Place to Work” employer.  8.k. Conduct finance policy reviews and updates every five years.  8.l. Create an Unfunded Liability policy.
 8.m. Update the fund balance/reserve policy.
 8.n. Develop a leadership competency framework to create development programs for emerging and current leadership staff.
 8.o. Create a benefits survey to discover staff satisfaction with current programs and learn about value-added programs that meet our diverse workforce needs.  8.p. Review and update personnel rules and regulations and human resources-related policies to align with the City’s mission and values.
 8.q. Expand citywide and Department-specific mandated safety training programs to ensure the well-being of staff and mitigate risks.
 8.r. Develop an internal human resources customer satisfaction survey to monitor service quality to our internal business partners.
 8.s. Set aside an additional $2M to the Reserve for Economic Uncertainty.  8.t. Deposit $1M toward unfunded retiree health care costs.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 17 of 138

13 CCOONNCCLLUUSSIIOONN

This document is a concise, coherent, focused plan that will serve to guide us in our efforts to improve the community. Indio will continue to experience populatio n growth and has a very bright fut ure. The challenge we face is establish ing projects and programs the resident s’ want that improve their quality of life, while “keep ing pace” in maintaining and improving the critical municipal services that we already provide – all with a budget that is smaller than most communities of our size . Our efforts will make Indio an even better place to live, work and enjoy a great quality of life.

Simply put, to achieve the goals and objectives of this Plan and the overall vi sion of even a better Indio , we will need the tireless efforts and professional expertise of City staff, the support and participation of the community, and the political courage and leadership of the City Council.

AGENDA ITEM #7.1
2022-2024 Strategic Plan Update Page 18 of 138
City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Nomination to the Palm Springs International Airport Commission

RECOMMENDATION:

Staff recommends that the City Council approve the nomination of Rick Wise to serve on the Palm Springs International Airport Commission for a three-year term, starting March 2023 and ending March 2026.

SUMMARY:

Commissioner Jhan Schmitz served two consecutive terms on the Palm Springs International Airport Commission, and the current term expires March 31, 2023. As specified in the Palm Springs Municipal Code (Section 2.16.020, attached), the Indio City Council m ay nominate one candidate to serve as one of the nineteen members of the commission. The Palm Springs City Council will then interview, ratify, and appoint the nomination. The commission advises the Palm Springs City Council on matters concerning the Palm Springs Airport. The commission meets on the third Wednesday of each month at 5:30 p.m., in the airport conference room located in the central lobby, mezzanine level of the airport terminal. Meetings are open to the public and parking is validated.

BACKGROUND INFORMATION:

Members of the Palm Springs International Airport Commission may not concurrently serve as a member of the airport land use commission for Riverside County or any airport board or commission for another airport within Riverside, Imperial, San Diego, or San Bernardino counties. Individuals who have served as a member of one of these commissions within a twelve -month period immediately preceding service as a member of the International Airport Commission are not eligible.

Of the nineteen commissioners, nine members are appointed by the Palm Springs City Council from candidates nominated by each of the City Councils of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, and Rancho Mirage, and the Riv erside County Board of Supervisors.

Palm Springs International Airport Commissioners do not receive any financial compensation.

ATTACHMENTS:

2.16.020 Membership—Creation_
Palms Springs Airport Commisison Application - Rick Wise - 18 Jan 2023 - Pdf_Redacted

AGENDA ITEM #9.1
Nomination to the Palm Springs International Airport Commission Page 19 of 138

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 25 Jan 2023

AGENDA ITEM #9.1
Nomination to the Palm Springs International Airport Commission Page 20 of 138 Palm Springs, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.16 PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

2.16.020 Membership—Creation.
(a) There is created in the city an international airport commission, which shall consist of nineteen members. The nineteen members shall be appointed in the following manner: ten members, appointed in accordance with Section 2.04.060 of the Palm Springs Municipal Code; nine members, each appointed by the Palm Springs City Council from candidates nominated by each of the city councils of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, and Rancho Mirage, and the board of supervisors of Riverside County.
(b) No member of the international airport commission shall serve as a member of the airport land use commission for Riverside County or any airport board or commission for another airport within Riverside, Imperial, San Diego, or San Bernardino counties while serving as a member of the international airport commission, created pursuant to the provisions of this section. No person shall be eligible to serve or continue to serve as a member of the international airport commission who has served as a member of the airport land use commission for Riverside County or any airport board or commission for another airport within Riverside, Imperial, San Diego, or San Bernardino counties within the twelve-month period immediately preceding service as a member of the international airport commission. (Ord. 1724 § 2, 2007; Ord. 1706 § 2, 2006: Res. 19416, 1998; Ord. 1512 § 2, 1995; Ord. 1477 § 1, 1994; Ord. 1470 § 1, 1994)
Contact:

City Clerk: 760-323-8204
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

AGENDA ITEM #9.1
Nomination to the Palm Springs International Airport Commission Page 21 of 138

Commission, Committee and
Advisory Council Application
Submission Date: January 13, 2023
Applicant Type: New Applicant

Primary Selection: Palms Springs International Airport Commisison Secondary Selection(s): Citizens' Finance Advisory Commission

Name:

Rick Wise
Address:

Phone:

Email:

Basic Requirements:

I am a citizen of the United States
I am a resident of the City of Indio
I am at least 18 years old

Length of Residency:

5 Employment Status:

Retired

Indio Business Owner:

No
Business Name:

GENERAL QUESTIONS

Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)

20 year Board of Director Alaska AirGroup Credit Union

Employment Background (List titles and duties)

Project Manager - Alaska Airlines Responsible for schedule and budget for various projects including HR projects and Airport OPS projects.

Educational Background (List degrees, majors, credentials, certificates and/or licenses)

BA - History Bellevue University Bellevue, Nebraska

AGENDA ITEM #9.1
Nomination to the Palm Springs International Airport Commission Page 22 of 138 Relevant Experience (Briefly explain how your background, training, education and/or interests qualify you as an applicant)

Over 32 years experience in airline operations.

Why are you interested in serving on a City of Indio Commission or Board?

Since I've moved to Indio, I have wanted to get involved in the city. I attend city council meetings, and I host a YouTube show "In Indio" which talks about the city and all it has to offer.

In your opinion, what are the goals and objectives of the Commission or Board you are applying to serve on?

This is a very interesting and delicate time for PSP. With the huge increase in airlines and passengers we have to be careful to manage the growth to keep the small friendly atmosphere but also we need to manage the increase traffic, baggage and passengers.

If appointed, how would you help achieve these goals and objectives?

My airline and general project management skills will be a valuable asset. I also still have contacts with not only Alaska but Delta, American and other smaller airlines.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?

I don't see any conflict of interest. I was an employee of Alaska for 32 years, but now I am retired.

APPLICATION AGREEMENT

☒ I understand and agree to the above statements
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: Rick Wise Date Submitted: January 13, 2023

AGENDA ITEM #9.1
Nomination to the Palm Springs International Airport Commission Page 23 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Minutes for City Council meeting of Jan. 18, 2023

RECOMMENDATION:

Approve the Minutes of January 18, 2023, as presented.

ATTACHMENTS:

Attachment 1: 18 Jan 2023 - Unofficial Minutes_FINAL

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 24 of 138 City of Indio
City Council / Indio Water Authority Minutes
Wednesday, January 18, 2023

Mayor Oscar Ortiz called to order the closed session meeting of the City Council for the City of Indio, at 4:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.

CLOSED SESSION - 4 PM

1. CALL TO ORDER AND ROLL CALL

Present:

Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

*Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements.

2. PUBLIC COMMENT None.

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 Conference with Real Property Negotiators, Government Code Section 54956.8; for APNs, 614-090-001, 614-090-002, 614-030-002, 614-020-028, 614-020-027, 614-020-024, 614-020-021, 611-020-016, 614-020-015, 614- 020-012, 614-020-011, 614-020-008, 614-020-009, 614-020-005, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Chris Fahey; Under Negotiation: Price and Terms of Payment

3.2 Conference with Real Property Negotiators, Government Code Section 54956.8; for APN, 611-172-002, Indio, City of Indio Negotiator: Bryan H.

Montgomery, City Manager; Negotiating Party: Patricia Parrilla; Under Negotiation: Price and Terms of Payment
REGULAR SESSION - 5 PM
Mayor Oscar Ortiz called to order the regular meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.

1. CALL TO ORDER AND ROLL CALL

Present:

Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 25 of 138 City Council / Indio Water Authority
January 18, 2023
*Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements.

City Staff Present:

Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. of Finance, Scott Trujillo, Deputy City Manager, Kevin H. Snyder, Dir. of Community Development, Carl S. Morgan, Dir. of Economic Development, Andrew Ansoorian, Dir. of Human Resources, Timothy T. Wassil, Dir. of Public Works, Rey Trejo, IWA General Manager, Ian Cozens, Dir. of Information Technology, Sabdi Sanchez, City Clerk Administrator and Vanessa Castillo, City Clerk Specialist.

2. INVOCATION None

3. PLEDGE OF ALLEGIANCE led by YAC representative Sofia Campbell

4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Steven P. Graham reported Council met in Closed Session to discuss the items listed therein and there was no reportable action.

5. PRESENTATIONS

5.1 Proclamation - Martin Luther King Jr. Day
Mayor Oscar Ortiz presented the Martin Luther King Jr. Day Proclamation to Councilmember Waymond Fermon who accepted on behalf of the Palm Springs Black History Committee

5.2 Proclamation - Coachella Valley Giving Day
Mayor Oscar Ortiz presented the Coachella Valley Giving Day Proclamation to Jake Wuest and Mary Panesar on behalf of FirstBank and Desert Community Foundation.

6. YOUTH ADVISORY COUNCIL (YAC)
YAC representative Sofia Campbell provided an update on the past events of which included participating in the Desert Recreation Center’s "Santa Hotline", an advisory trip to Knott's Berry Farm, December's Blanket Drive gathering 40 blankets for those in need and a few upcoming events such as a "Speakers Series" and Barbara Sinatra's 5k Run in February.

7. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reported staff would be providing an update for the Comprehensive Strategic Plan at the next council meeting of February 1, 2023, and reminded all of the Second Saturday Events, the next to take place on February 11, 2023.

8. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS

AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 26 of 138 City Council / Indio Water Authority
January 18, 2023
Councilmember Holmes reported on the Coachella Valley Conservation Commission.

Councilmember Fermon reported on Riverside County Transportation Committee and Coachella Valley Energy Commission.

Councilmember Miller reported on SunLine Transit Agency.

Mayor Pro Tem Ramos Amith had no report.

Mayor Ortiz reported on Southern California Association of Government Energy & Environment Committee, Coachella Valley Conservation Commission and Regional Energy Network.

9. APPOINTMENTS

9.1 Approve nominations for reappointment of Commissioners and appointments to fill vacancies on Boards and Commissions after a general municipal election per IMC Section 32.03(D)
Motion made by Councilmember Glenn Miller, seconded by Councilmember Waymond Fermon to approve Item 9.1, as presented by Roll Call. Carried Unanimously.

DISTRICT 2 – COUNCILMEMBER WAYMOND FERMON
DISTRICT 3 – COUNCILMEMBER ELAINE HOLMES

BOARD/COMMISSION CURRENT MEMBER NEW MEMBER
CFAC Marie J. Santana Marie J. Santana

COMMUNITY SERVICES

COMMISSION
Ronald Phillips-
Martinez
Ronald Phillips-Martinez

MOBILE HOME FAIR PRACTICES

COMMISSION
Daniel Duardo Daniel Duardo
PLANNING COMMISSION Nicco Alexander
Ysiano
Nicco Alexander Ysiano

BOARD/COMMISSION CURRENT MEMBER NEW MEMBER
CFAC Jeff Anderson

Jeff Anderson

COMMUNITY SERVICES

COMMISSION
Megan Scarborough-
Eckel
Megan Scarborough-
Eckel

MOBILE HOME FAIR

PRACTICES COMMISSION
Cesar Perez Cesar Perez
PLANNING COMMISSION Gabriel Fajardo Gabriel Fajardo
PUBLIC ARTS COMMISSION William (Bill)
Schinsky
William (Bill) Schinsky

SUSTAINABILITY

COMMISSION
D. Anetha Lue D. Anetha Lue

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 27 of 138 City Council / Indio Water Authority
January 18, 2023
PUBLIC ARTS COMMISSION Noe George
Gutierrez
Noe George Gutierrez
SUSTAINABILITY COMMISSION Jerry Tack Jerry Tack
DISTRICT 4 – MAYOR OSCAR ORTIZ

BOARD/COMMISSION CURRENT MEMBER NEW MEMBER
CFAC Pedro Rodriguez Pedro Rodriguez

COMMUNITY SERVICES

COMMISSION
Kimberly Barraza Kimberly Barraza

MOBILE HOME FAIR

PRACTICES COMMISSION
Chris Martinez No Appointment
PLANNING COMMISSION Christian Rodriguez
Ceja
Christian Rodriguez Ceja
PUBLIC ARTS COMMISSION Venessa N. Becerra Venessa N. Becerra SUSTAINABILITY COMMISSION Alaciel Vasquez Alaciel Vasquez

9.2 Appointment of Delegate and Alternate for 2023 SCAG Annual General Assembly
Sabdi Sanchez, City Clerk Administrator presented the staff report to appoint Mayor Oscar Ortiz and Councilmember Waymond Fermon for the SCAG Annual General Assembly.

Motion made by Councilmember Glenn Miller, seconded by Councilmember Elaine Holmes to approve Item 9.2, as presented by Roll Call. Carried Unanimously.

10. CONSENT CALENDAR

10.1 Minutes for City Council meeting of Dec. 7, 2022

10.2 City Warrants from 12.02.22 thru 01.13.23

10.3 IWA Warrants from 12.08.22 thru 01.03.23

10.4 Amendment No. 1 to the Professional Services Agreement with Corona Environmental Consulting for Technical Advisory Services Chromium 6 Water System Planning in the amount of $158,596 for a revised total not-to-exceed amount of $233,596 and making a determination that the action is exempt from further environmental review pursuant to Section 15262 (Feasibility and Planning Studies) of the California Environmental Quality Act

10.5 Resolution No. 10339, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annuitants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 28 of 138 City Council / Indio Water Authority
January 18, 2023
(Regulations of Working Conditions) of the California Environmental Quality Act

10.6 Professional Services Agreement between the City of Indio and Magellan Broadband for the Design of Broadband infrastructure in the Amount of $237,884 with associated budget adjustments, and making a determination that the action is exempt from further environmental review pursuant to Section 15262 (Feasibility and Planning Studies) of the California Environmental Quality Act

10.7 Approval of Purchase and Sale Agreement and Escrow Instructions with Alfredo T. and Alicia P. Meza and Meza Family Living Trust for property located at the south/west corner of Smurr Street and Requa Avenue (Assessor Parcel Numbers 611-222-007 and 611-222-008) in the not to exceed amount of $305,000 plus title and escrow costs and other related expenses not to exceed $10,000, and finding of conformity with the General Plan and determining that the project qualifies for the common sense exemption pursuant to Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and that any future development of the subject properties will be required to be in conformance with the Program Final Environmental Impact Report (PFEIR) for the Downtown Specific Plan certified by the Indio City Council on April 15, 2020

10.8 Construction Contract with TD Sports, Inc. in an amount not-to-exceed $101,805 for the North Jackson Park Tennis Court Improvements Project (Project No. PK2323) and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

10.9 Deed Restriction for the South Jackson Park Accessibility Improvements Project (Project No. PK1801) and authorize the City Manager to execute the Deed Restriction and all associated documents and file it with the County’s Recorder Office, and making a determination that the action is exempt from further environmental review pursuant to Section 15268 (Ministerial Projects) of the California Environmental Quality Act

10.10 Construction contract with Jacobsson Engineering Construction, Inc. in an amount not-to-exceed $562,530 for the Sundance-Corta Bella Communities Curb Ramp ADA Project (Project No. ST2304) and approval of the project specifications and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

10.11 Construction contract with Yunex LLC in an amount not-to-exceed $450,921 for the Street Light Upgrades Phase II Project (Project No. SL2301) and approval of the project specifications and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

10.12 Construction contract with ATP General Engineering Contractors in an amount not-to-exceed $579,106.50 for the Zalay Ranch and Park Paseo Pavement Improvements (Project No. ST2302) and approval of the project specifications and making a determination that the action is exempt from further

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 29 of 138 City Council / Indio Water Authority
January 18, 2023
environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

10.13 Professional Services Agreement with Dynamic Engineering Services, Inc. (DESI), in an amount not-to-exceed $125,270.29 for the Construction Management, Inspection, and Material Testing for the Traffic Signal Improvement Project (Project No. TS2003) and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Ac

10.14 Construction contract with Yunex LLC in an amount not-to-exceed $821,995 for the Traffic Signal Improvement Project (Project No. TS2003) and approval of the project plans and specifications and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

10.15 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) and making a determination that the action is exempt from further environmental review pursuant to Section 15268 (Ministerial Projects) of the California Environmental Quality Act Mayor Oscar Ortiz pulled Items 10.4 and 10.9.

Rey Trejo, IWA General Manager provided clarity and responded to Council questions on Item 10.4

Timothy T. Wassil, Director of Public Works provided clarity and responded to Council questions on Item 10.9.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Consent Calendar Items 10.1 thru

10.15, and approving Resolution No. 10339, as presented by Roll Call.

Carried Unanimously.

11. PUBLIC HEARINGS

11.1 Resolution No. 10338, a resolution of the City Council of the City of Indio approving the Tentative Parcel Maps 38493 and 38494 (TPM 22-06-470) for the Palmera Development Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code on certain real properties located west of Monroe Street, north of Requa Street and east of Rubidoux Street and adopting CEQA findings pursuant to CEQA Guidelines Section 15183 that no further environmental review is required for the Project Kevin Snyder, Director of Community Development introduced the item.

Kendra Reif, Principal Planner presented the PowerPoint Presentation.

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 30 of 138 City Council / Indio Water Authority
January 18, 2023
Mayor Ortiz opened the Public Hearing at 5:47pm, closed the Public Hearing at 5:48pm and re-opened the Public Hearing at 5:48pm.

Comments provided by the following:

1. Tarek Shaer, Principal, Urbanest Design Group
Mayor Ortiz closed the Public Hearing at 5:57pm.

Motion made by Councilmember Glenn Miller, seconded by Mayor Pro Tem Lupe Ramos Amith to approve Item 11.1, approving Resolution No. 10338, as presented by Roll Call. Carried Unanimously.

12. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comments provided by:

1. Mike Zamudio (IPD Motorcycle requests/Ave. 49 & Violet Basin Cleanup/N.

Indio Handicap drains)

2. Deborah McGarrey (Southern California Gas Rates)

13. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular meeting at 6:07 p.m. in memory of fallen Riverside County Sheriff Deputy Isaiah Cordero and Riverside County Sheriff Deputy Darnell Calhoun.

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

AGENDA ITEM #11.1
Minutes for City Council meeting of Jan. 18, 2023 (Sabdi Sanchez, City C... Page 31 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Adrienne Aguilar, Finance Technician II
Subject: City Warrants from 01.14.23 thru 01.27.23

RECOMMENDATION:

Receive & File

SUMMARY:

City Warrants from 01.14.23 thru 01.27.23

BACKGROUND INFORMATION:

N/A

ALTERNATIVES:

N/A

ATTACHMENTS:
2023 0127

APPROVAL(S):

Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 27 Jan 2023

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ... Page 32 of 138 WARRANT REGISTER 01/14/2022-01/27/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235691 01/23/2023 PRINTED 305 UNITED WAY OF THE DESERT 101 GENERAL FUND 206045 174.00 235652 01/23/2023 PRINTED 6087 INDIO POLICE OFFICERS ASSOCIATION 101 GENERAL FUND 206050 7,336.96 235689 01/23/2023 PRINTED 5426 U.S. BANK 101 GENERAL FUND 206050 288.02 235651 01/23/2023 PRINTED 1111 INDIO POLICE COMMAND UNIT 101 GENERAL FUND 206055 756.83 235650 01/23/2023 PRINTED 6164 INDIO CITY EMPLOYEE ASSOC 101 GENERAL FUND 206060 654.50 235653 01/23/2023 PRINTED 6163 INDIO WATER AUTH EMPLOYEE ASSOC 101 GENERAL FUND 206060 450.00 235678 01/23/2023 PRINTED 300 SEIU 101 GENERAL FUND 206065 91.50 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 165.76 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 43.72 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 257.24 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 44.63 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 8.10 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 46.11 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 161.40 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 50.59 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 19.74 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 113.69 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 44.48 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 113.69 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 101 GENERAL FUND 206105 34.69 235685 01/23/2023 PRINTED 6536 THE LINCOLN NATIONAL LIFE INS CO 101 GENERAL FUND 206110 6,509.74 235626 01/23/2023 PRINTED 719 BURRTEC WASTE & RECYCLING SERVICES 101 GENERAL FUND 208005 75,776.26 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 101 GENERAL FUND 208005 1,703.85 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 101 GENERAL FUND 208005 231.50 235662 01/23/2023 PRINTED 6916 Pacific Coast Builder 101 GENERAL FUND 208010 2,000.00 235630 01/23/2023 PRINTED 4807 COACHELLA VALLEY CONSERVATION COMMISSION 101 GENERAL FUND 208015 22,725.00 235660 01/23/2023 PRINTED 493 Vacanza Stays 101 GENERAL FUND 210055 1,749.00 235659 01/23/2023 PRINTED 493 Fred Wolf 101 GENERAL FUND 403210 734.85 235630 01/23/2023 PRINTED 4807 COACHELLA VALLEY CONSERVATION COMMISSION 101 GENERAL FUND 406720 (227.25) 101 Total 122,058.60
235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 334.80 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 1,532.05 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 1,315.41 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 476.00 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 62.25 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 3,909.20 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 66,667.20 235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 1011115 CITY ATTORNEY 521056 16,532.50 1011115 Total 90,829.41
235622 01/23/2023 PRINTED 6939 BRANDON GONZALEZ 1011122 HUMAN RESOURCES 524018 75.00 235654 01/23/2023 PRINTED 6728 IRC CORPORATION 1011122 HUMAN RESOURCES 524018 582.00 235644 01/23/2023 PRINTED 6033 GLS US 1011122 HUMAN RESOURCES 524020 7.04 235644 01/23/2023 PRINTED 6033 GLS US 1011122 HUMAN RESOURCES 524020 8.04 1 of 6

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ...Page 33 of 138 WARRANT REGISTER 01/14/2022-01/27/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235621 01/23/2023 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 1011122 HUMAN RESOURCES 531033 35.32 235621 01/23/2023 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 1011122 HUMAN RESOURCES 531033 31.08 235621 01/23/2023 PRINTED 6585 AMAZON CAPITAL SERVICES, INC. 1011122 HUMAN RESOURCES 531033 166.91 1011122 Total 905.39
235672 01/23/2023 PRINTED 7372 RELIABLE TRANSLATIONS INC. 1011130 CITY CLERK 521064 241.34 235682 01/23/2023 PRINTED 5058 STERICYCLE, INC 1011130 CITY CLERK 521064 334.60 235682 01/23/2023 PRINTED 5058 STERICYCLE, INC 1011130 CITY CLERK 521064 196.84 235682 01/23/2023 PRINTED 5058 STERICYCLE, INC 1011130 CITY CLERK 521064 199.78 1011130 Total 972.56
235624 01/23/2023 PRINTED 248 BRINKS, INC. 1011151 FINANCE 521064 382.67 235624 01/23/2023 PRINTED 248 BRINKS, INC. 1011151 FINANCE 521064 1,482.57 235645 01/23/2023 PRINTED 7749 GovOS, Inc 1011151 FINANCE 521064 1,695.00 235637 01/23/2023 PRINTED 458 FEDEX 1011151 FINANCE 524020 5.76 235637 01/23/2023 PRINTED 458 FEDEX 1011151 FINANCE 524020 7.01 235637 01/23/2023 PRINTED 458 FEDEX 1011151 FINANCE 524020 87.66 235687 01/23/2023 PRINTED 6898 THE ATRINA GROUP 1011151 FINANCE 531033 562.97 1011151 Total 4,223.64
235620 01/23/2023 PRINTED 6600 ALPHA MEDIA, LLC 1011174 PROMOTIONS & PUBLICITY 524002 500.00 235620 01/23/2023 PRINTED 6600 ALPHA MEDIA, LLC 1011174 PROMOTIONS & PUBLICITY 524002 500.00 1011174 Total 1,000.00
235646 01/23/2023 PRINTED 6778 GREENWOOD TRANSPORTATION ENGINEERS 1013111 PW ADMIN & ENGINEERING 521064 9,775.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 375.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 750.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 750.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 1,125.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 1,125.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 87.50 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 525.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 250.00 235666 01/23/2023 PRINTED 176 NRO ENGINEERING 1013111 PW ADMIN & ENGINEERING 521076 1,575.00 1013111 Total 16,337.50
235648 01/23/2023 PRINTED 6102 HERMANN DESIGN GROUP, INC. 1013131 PARKS & PARKWAYS 521064 4,100.00 235633 01/23/2023 PRINTED 512 DESERT ARC 1013131 PARKS & PARKWAYS 523027 4,223.70 235692 01/23/2023 PRINTED 1207 A.B.L.E SECURITY INC 1013131 PARKS & PARKWAYS 531054 32.40 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 1013131 PARKS & PARKWAYS 531054 67.46 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 1013131 PARKS & PARKWAYS 531054 67.46 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 1013131 PARKS & PARKWAYS 531054 67.46 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 1013131 PARKS & PARKWAYS 531054 67.46 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 1013131 PARKS & PARKWAYS 531054 122.34 235638 01/23/2023 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 1013131 PARKS & PARKWAYS 531054 (97.82) 1013131 Total 8,650.46
235631 01/23/2023 PRINTED 7359 COACHELLA VALLEY TRANSFER STATION 1013141 STREET MAINTENANCE 523039 282.85 235686 01/23/2023 PRINTED 78 TOPS N BARRICADES 1013141 STREET MAINTENANCE 531051 2,018.40 2 of 6

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ...Page 34 of 138 WARRANT REGISTER 01/14/2022-01/27/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235686 01/23/2023 PRINTED 78 TOPS N BARRICADES 1013141 STREET MAINTENANCE 531051 1,805.25 235686 01/23/2023 PRINTED 78 TOPS N BARRICADES 1013141 STREET MAINTENANCE 531051 756.90 1013141 Total 4,863.40
235682 01/23/2023 PRINTED 5058 STERICYCLE, INC 1014211 POLICE ADMINISTRATION 523024 487.60 235682 01/23/2023 PRINTED 5058 STERICYCLE, INC 1014211 POLICE ADMINISTRATION 523024 60.37 235656 01/23/2023 PRINTED 7577 KEVIN BELMAN 1014211 POLICE ADMINISTRATION 524028 2,125.30 235627 01/23/2023 PRINTED 3893 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICER1014211 POLICE ADMINISTRATION 531066 100.00 235627 01/23/2023 PRINTED 3893 CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICER1014211 POLICE ADMINISTRATION 531066 100.00 1014211 Total 2,873.27
235636 01/23/2023 PRINTED 1330 DUNN-EDWARDS CORP 1014241 CODE ENFORCEMENT 531051 (36.51) 235636 01/23/2023 PRINTED 1330 DUNN-EDWARDS CORP 1014241 CODE ENFORCEMENT 531051 3,738.18 1014241 Total 3,701.67
235699 01/23/2023 PRINTED 172 WITTMAN ENTERPRISES 1015131 FIRE & AMBULANCE SERVICES 521004 15,488.00 1015131 Total 15,488.00
235646 01/23/2023 PRINTED 6778 GREENWOOD TRANSPORTATION ENGINEERS 212 LOCAL STREETS & ROADS PROGRAM 523006 900.00 235649 01/23/2023 PRINTED 259 IMPERIAL IRRIGATION DISTRICT 212 LOCAL STREETS & ROADS PROGRAM 523006 1,000.00 235649 01/23/2023 PRINTED 259 IMPERIAL IRRIGATION DISTRICT 212 LOCAL STREETS & ROADS PROGRAM 523006 1,000.00 235649 01/23/2023 PRINTED 259 IMPERIAL IRRIGATION DISTRICT 212 LOCAL STREETS & ROADS PROGRAM 523006 1,000.00 235649 01/23/2023 PRINTED 259 IMPERIAL IRRIGATION DISTRICT 212 LOCAL STREETS & ROADS PROGRAM 523006 5,000.00 235649 01/23/2023 PRINTED 259 IMPERIAL IRRIGATION DISTRICT 212 LOCAL STREETS & ROADS PROGRAM 523006 1,000.00 212 Total 9,900.00
235663 01/23/2023 PRINTED 6640 MOST DEPENDABLE FOUNTAINS, INC. 217 WASTE RECYCLING AB939 531060 26,437.50 217 Total 26,437.50
235661 01/23/2023 PRINTED 98 JAY ANTHONY CAMPOS 222 Asset Forfeiture 254020 5,000.00 235675 01/23/2023 PRINTED 347 RIVERSIDE COUNTY DA'S OFFICE 222 Asset Forfeiture 254020 23,896.00 235675 01/23/2023 PRINTED 347 RIVERSIDE COUNTY DA'S OFFICE 222 Asset Forfeiture 254020 17,642.00 235675 01/23/2023 PRINTED 347 RIVERSIDE COUNTY DA'S OFFICE 222 Asset Forfeiture 254020 8,859.00 235661 01/23/2023 PRINTED 98 JAY ANTHONY CAMPOS 222 Asset Forfeiture 561006 59.53 235675 01/23/2023 PRINTED 347 RIVERSIDE COUNTY DA'S OFFICE 222 Asset Forfeiture 561006 329.39 235675 01/23/2023 PRINTED 347 RIVERSIDE COUNTY DA'S OFFICE 222 Asset Forfeiture 561006 240.82 235675 01/23/2023 PRINTED 347 RIVERSIDE COUNTY DA'S OFFICE 222 Asset Forfeiture 561006 112.79 222 Total 56,139.53
235623 01/23/2023 PRINTED 4689 BRIAN K. STEMMER CONSTRUCTION 230 COMMUNITY DEV BLOCK GRANT 523006 13,200.00 230 Total 13,200.00
235668 01/23/2023 PRINTED 6869 POWELL CONSTRUCTORS INC 233 HIGHWAY BRIDGE REPLACEMENT PRO 523006 15,027.24 235668 01/23/2023 PRINTED 6869 POWELL CONSTRUCTORS INC 233 HIGHWAY BRIDGE REPLACEMENT PRO 523006 12,804.00 235668 01/23/2023 PRINTED 6869 POWELL CONSTRUCTORS INC 233 HIGHWAY BRIDGE REPLACEMENT PRO 523006 131,076.00 233 Total 158,907.24
235684 01/23/2023 PRINTED 409 SO CAL GAS 238 NEIGHBORHOOD STABILTIZATION 2 523018 15.52 238 Total 15.52
235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 2400003 PARK PASEO (3) 521064 285.00 2400003 Total 285.00
3 of 6

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ...Page 35 of 138 WARRANT REGISTER 01/14/2022-01/27/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 2400009 PAN AMERICAN (9) 521064 1,016.00 2400009 Total 1,016.00
235629 01/23/2023 PRINTED 3495 CANYON POOLS, INC. 2400037 LAS BRISAS N (37) 523015 165.00 2400037 Total 165.00
235632 01/23/2023 PRINTED 281 COACHELLA VALLEY WATER DISTRICT 2400039 MONTICELLO (39) 523045 45.92 235632 01/23/2023 PRINTED 281 COACHELLA VALLEY WATER DISTRICT 2400039 MONTICELLO (39) 523045 70.91 2400039 Total 116.83
235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 2400048 GENERAL PATTON PARK (48) 521064 2,480.00 235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 2400048 GENERAL PATTON PARK (48) 521064 1,325.00 235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 2400048 GENERAL PATTON PARK (48) 521064 1,120.00 2400048 Total 4,925.00
235658 01/23/2023 PRINTED 6110 MICHAEL BAKER INTERNATIONAL, INC 241 ARPA 523006 67,290.00 241 Total 67,290.00
235646 01/23/2023 PRINTED 6778 GREENWOOD TRANSPORTATION ENGINEERS 300 CAPITAL IMPROVEMENTS 523006 200.00 235646 01/23/2023 PRINTED 6778 GREENWOOD TRANSPORTATION ENGINEERS 300 CAPITAL IMPROVEMENTS 523006 400.00 300 Total 600.00
235673 01/23/2023 PRINTED 238 RICHARDS, WATSON & GERSHON 5106711 WATER ADMIN 521056 146.16 5106711 Total 146.16
235655 01/23/2023 PRINTED 88 JT2 INTEGRATED RESOURCES 601 RISK MANAGEMENT 515004 1,000.00 235628 01/23/2023 PRINTED 5893 CALPERS 601 RISK MANAGEMENT 540021 200.00 601 Total 1,200.00
235695 01/23/2023 PRINTED 7761 IMAGE SOURCE 602 INFORMATION TECHNOLOGY 521064 3.85 235698 01/23/2023 PRINTED 6749 WINBOURNE CONSULTING LLC 602 INFORMATION TECHNOLOGY 521064 6,270.00 235681 01/23/2023 PRINTED 6144 CHARTER COMMUNICATIONS 602 INFORMATION TECHNOLOGY 524004 306.27 235694 01/23/2023 PRINTED 2132 VERIZON WIRELESS 602 INFORMATION TECHNOLOGY 524006 6,504.74 235694 01/23/2023 PRINTED 2132 VERIZON WIRELESS 602 INFORMATION TECHNOLOGY 524006 3,071.35 235681 01/23/2023 PRINTED 6144 CHARTER COMMUNICATIONS 602 INFORMATION TECHNOLOGY 524008 2,375.82 235641 01/23/2023 PRINTED 6225 FRONTIER CALIFORNIA, INC 602 INFORMATION TECHNOLOGY 524008 1,709.00 235693 01/23/2023 PRINTED 5950 VERIZON BUSINESS SERVICES 602 INFORMATION TECHNOLOGY 524008 1,597.12 235670 01/23/2023 PRINTED 5051 QUADIENT LEASING USA, INC 602 INFORMATION TECHNOLOGY 524024 1,039.32 235681 01/23/2023 PRINTED 6144 CHARTER COMMUNICATIONS 602 INFORMATION TECHNOLOGY 524026 607.91 235639 01/23/2023 PRINTED 6225 FRONTIER CALIFORNIA, INC 602 INFORMATION TECHNOLOGY 524026 70.09 235640 01/23/2023 PRINTED 6225 FRONTIER CALIFORNIA, INC 602 INFORMATION TECHNOLOGY 524026 36.95 235642 01/23/2023 PRINTED 6225 FRONTIER CALIFORNIA, INC 602 INFORMATION TECHNOLOGY 524026 122.00 235643 01/23/2023 PRINTED 6225 FRONTIER CALIFORNIA, INC 602 INFORMATION TECHNOLOGY 524026 98.71 235688 01/23/2023 PRINTED 6709 TYLER TECHNOLOGIES INC 602 INFORMATION TECHNOLOGY 531018 10,968.00 235688 01/23/2023 PRINTED 6709 TYLER TECHNOLOGIES INC 602 INFORMATION TECHNOLOGY 531018 1,480.00 602 Total 36,261.13
235676 01/23/2023 PRINTED 7859 COACHELLA VALLEY SIGNS 604 BUILDINGS AND GROUNDS 523015 943.75 235647 01/23/2023 PRINTED 6097 HELIOTEX INC 604 BUILDINGS AND GROUNDS 523015 429.00 235667 01/23/2023 PRINTED 4232 PATTON DOOR & GATE 604 BUILDINGS AND GROUNDS 523015 300.00 235667 01/23/2023 PRINTED 4232 PATTON DOOR & GATE 604 BUILDINGS AND GROUNDS 523015 300.00 235674 01/23/2023 PRINTED 6606 RIVCO MECHANICAL SERVICES, INC. 604 BUILDINGS AND GROUNDS 523015 11,697.00 4 of 6

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ...Page 36 of 138 WARRANT REGISTER 01/14/2022-01/27/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 550.00 235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 500.00 235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 500.00 235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 500.00 235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 500.00 235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 500.00 235679 01/23/2023 PRINTED 2856 SHASTA FIRE PROTECTION, INC 604 BUILDINGS AND GROUNDS 523015 500.00 235680 01/23/2023 PRINTED 3530 SOUTHWEST PLUMBING INC 604 BUILDINGS AND GROUNDS 523015 350.00 235619 01/23/2023 PRINTED 5706 AIR EXCHANGE, INC. 604 BUILDINGS AND GROUNDS 523021 404.00 235619 01/23/2023 PRINTED 5706 AIR EXCHANGE, INC. 604 BUILDINGS AND GROUNDS 523021 992.89 235676 01/23/2023 PRINTED 7859 COACHELLA VALLEY SIGNS 604 BUILDINGS AND GROUNDS 523021 525.26 235676 01/23/2023 PRINTED 7859 COACHELLA VALLEY SIGNS 604 BUILDINGS AND GROUNDS 523021 1,878.75 235674 01/23/2023 PRINTED 6606 RIVCO MECHANICAL SERVICES, INC. 604 BUILDINGS AND GROUNDS 523021 1,312.00 235665 01/23/2023 PRINTED 8006 VORTEX INDUSTRIES LLC 604 BUILDINGS AND GROUNDS 523021 1,521.67 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 5,064.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 150.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 358.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 160.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 150.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 250.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 900.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 120.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 486.00 235657 01/23/2023 PRINTED 5116 LA HACIENDA NURSERY & LANDSCAPE INC 604 BUILDINGS AND GROUNDS 523027 846.00 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 523027 171.70 235683 01/23/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 2,257.98 235683 01/23/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 1,250.00 235683 01/23/2023 PRINTED 6811 STEVE HODGES BACKFLOW 604 BUILDINGS AND GROUNDS 523027 354.81 235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 604 BUILDINGS AND GROUNDS 523027 2,223.00 235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 604 BUILDINGS AND GROUNDS 523027 444.00 235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 604 BUILDINGS AND GROUNDS 523027 285.00 235696 01/23/2023 PRINTED 3421 WEST COAST ARBORISTS, INC 604 BUILDINGS AND GROUNDS 523027 350.00 235625 01/23/2023 PRINTED 8104 BRUDVIK INC 604 BUILDINGS AND GROUNDS 524024 1,700.00 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 180.70 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 277.10 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 39.19 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 231.40 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 192.68 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 114.24 235669 01/23/2023 PRINTED 4897 PRUDENTIAL OVERALL SUPPLY 604 BUILDINGS AND GROUNDS 531027 356.00 235671 01/23/2023 PRINTED 614 QUILL CORPORATION 604 BUILDINGS AND GROUNDS 531033 16.30 235692 01/23/2023 PRINTED 1207 A.B.L.E SECURITY INC 604 BUILDINGS AND GROUNDS 531054 160.00 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 165.18 5 of 6

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ...Page 37 of 138 WARRANT REGISTER 01/14/2022-01/27/2023
CHECK
NUMBER

CHECK DATE CHECK TYPE VENDOR
NUMBER

VENDOR NAME ORG ORG DESCRIPTION OBJECT PROJECT AMOUNT
235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 992.54 235634 01/23/2023 PRINTED 39 DESERT ELECTRIC SUPPLY 604 BUILDINGS AND GROUNDS 531054 85.13 235635 01/23/2023 PRINTED 724 DESERT STEEL SUPPLY 604 BUILDINGS AND GROUNDS 531054 25.96 235638 01/23/2023 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 604 BUILDINGS AND GROUNDS 531054 93.79 235638 01/23/2023 PRINTED 292 FERGUSON ENTERPRISES, LLC. # 1350 604 BUILDINGS AND GROUNDS 531054 89.52 235697 01/23/2023 PRINTED 7593 WEST COAST LANDSCAPE SUPPLY 604 BUILDINGS AND GROUNDS 531054 104.65 604 Total 44,849.19
235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 521036 20,781.00 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 521036 3,263.47 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 521064 20,146.00 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 521064 20,828.00 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 523036 50,465.07 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 523036 47,840.18 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 523036 18,500.01 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 523036 61,084.14 235677 01/23/2023 PRINTED 6666 SC FUELS 605 FLEET MAINTENANCE 531030 6,872.98 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531057 5,442.27 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 529.61 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531060 4,117.13 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531069 49,867.80 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531069 51,644.85 235664 01/23/2023 PRINTED 5198 NAPA AUTO PARTS 605 FLEET MAINTENANCE 531069 11,213.37 605 Total 372,595.88
235690 01/23/2023 PRINTED 4854 U.S. BANK "CALCRD" CORP. PMT. SYS. 999 TREASURY FUND 201998 23,481.16 999 Total 23,481.16
Grand Total 1,089,435.04
6 of 6

AGENDA ITEM #11.2
City Warrants from 01.14.23 thru 01.27.23 (Rob Rockwell, Assistant City ...Page 38 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: IWA Warrants Period 01.04.23 thru 01.18.23

ATTACHMENTS:

IWA Warrants Period 01.04.23 to 01.18.23

APPROVAL(S):

Reymundo Trejo, P.E., IWA General Manager Approved - 19 Jan 2023

AGENDA ITEM #11.3
IWA Warrants Period 01.04.23 thru 01.18.23 (Rey Trejo, IWA General Manag... Page 39 of 138 :3.....:...=_=m.....__.,.:=£1E."E:_
_.=._,__.____:__..m“E.2”....__._.___?._,___#.____*..__"___n."_*___.?_ E.u=.__.:.:.MMWg_%m_m%_m,a_..E_mm_.%_mH_%mE__m=a_.“."_._.__ww....?.“_._*______,..“_.n__.m.. _i_________.___m___:___==_
*—'I
CHECKNUMBERCHECKDATE171441714517146171471714817149171501715117152171531715417155171561715717158171591716017161171621716317164171651716417163171621716117158171581715817157171571715617151171511714917145171451714517145171451714517144 01/05/2023706001/05/2023690701/05/2023690801/05/2023662701/05/202329201/05/2023732501/05/2023699301/05/2023212501/05/2023732401/05/2023793701/05/2023611001/05/2023695201/05/2023793401/05/2023697901/05/202326401/05/2023649301/05/2023510401/05/2023703401/05/2023733901/05/202341501/05/2023213201/05/2023703701/05/2023213201/05/202341501/05/2023733901/05/2023703401/05/202326401/05/202326401/05/202326401/05/2023697901/05/2023697901/05/2023793401/05/2023212501/05/2023212501/05/2023732501/05/2023690701/05/2023690701/05/2023690701/05/2023690701/05/2023690701/05/2023690701/05/20237060 VENDORNUMIVENDORNAMEORGATWORKFRANCHISEINC8106714CORE8:MAINLP 8106713DUDEK812EPOWERNETWORK,INC.8106715FERGUSONENTERPRISES,LLC.8106713GEOGRAPHICINFORMATIONS8106715HAZENANDSAWYER,P.C.812INFOSEND,INC. 8106714MARIPOSALANDSCAPES,INC8106712MARTINMARIETFAMATER|AL18106713MICHAELBAKERINTERNATION812RODNEYWINTERHALT8106711ODPBUSINESSSOLUTIONS,LL(8106711ROBERTHALF8106714SOUTHCOASTAIRQUALITYM;8106712SOUTHCOASTCOPYSYSTEMS8106715SPSV AR,LLC 8106715SUPERION,LLC 8106715TIMMONSGROUP8106715UNDERGROUNDSERVICEALER8106713VERIZONWIRELESS8106712WHITECAP 8106713VERIZONWIRELESS8106715UNDERGROUNDSERVICEALER8106713TIMMONSGROUP8106715SUPERION,LLC 8106715SOUTHCOASTAIRQUALITYM:8106712SOUTHCOASTAIRQUALITYM;8106712SOUTHCOASTAIRQUALITYM:8106712ROBERTHALF8106714ROBERTHALF8106714ODPBUSINESSSOLUTIONS,LLI8106711INFOSEND,INC.8106714INFOSEND,INC. 8106714GEOGRAPHICINFORMATIONS8106716CORE&MAINLP 8106713CORE&MAINLP 8106713CORE&MAINLP 8106713CORE&MAINLP 8106713CORE&MAINLP 8106713CORE&MAINLP 8106713ATWORKFRANCHISEINC8106714 Page1of2
OBJECT521064531054554002523015531075521064554002524022523015531054554002521032531033521064521068524024521064521064521064521068524006531060524006521068521064521064521068521068521068521064521064531033524022524020521084531054531054531054531054531054531054521064 IW AWarrantRegister-Period1/04/23through1/18/23
FULLACCOUNT810-00-00-6714-000-521064-810-00-00-6713-O00-531054-812-00-00-0000-000-554002-810-00-00-6715-00O-523015-810-00-00-6713-O00-531075-810-00-00-6715-O00-521064-812-00-00-0000-000-554002-810-00-00-6714-0O0-524022-810-00-00-6712-000-523015-810-00-00-6713-000-531054-812-00-00-0000-000-554002-810-00-00-6711-000-521032-810-00-00-6711-000-531033-810-00-00-6714-000-521064-810-00-00-6712-000-521068-810-00-00-6715-000-524024-810-00-00-6715-000-521064-810-00-00-6715-000-521064-810-00-00-6715-000-521064-810-00-00-6713-000—521068-810-00-00-6712-000-524006-810-00-00-6713-000-531060-810-00-00-67l5-000-524006-810-00-00-6713-000-521068-810-00-00-6715-000-521064-810-00-00-6715-000-521064-810-00-00-6712-000-521068-810-00-00-6712-000-521068-810-00-00-6712-O00-521068-810-00-00-6714-000-521064-810-00-00-6714-000-521064-810-00-00-6711-000-531033-810-00-00-6714-O00-524022-810-00-00-6714—000-524020-810-00-00-6716-000-521084-810-00-00-6713-000-531054-810-00-00-6713-0OO—531054-810-00-00-6713-000-531054-810-00-00-6713-000-531054-810-00-00-6713-000-531054-810-00-00-6713-O00-531054-810-00-00-6714-0O0-521064- AMOUNT948.483,278.152,238.751,334.6045,975.15774.2811,613.751,536.665,153.09627.3743,407.89258.83115.411,790.00468.76205.714,325.004,387.5016,480.4071.56289.42190.001,482.48134.256,491.001,845.001,768.88151.85151.851,074.001,432.0044.771,658.044,607.10774.28568.00113.6043.501,147.45147.722,041.841,067.04

AGENDA ITEM #11.3
IWA Warrants Period 01.04.23 thru 01.18.23 (Rey Trejo, IWA General Manag... Page 40 of 138 IW AWarrantRegister-Period1/04/23through1/18/23

CHECKNUMBERCHECKDATEVENDORNUMIVENDORNAMEORGOBJECTFULLACCOUNTAMOUNT Total $ 172,215.41
Approvedby:BrianM.KinderManagerofFinanceandCustomerServiceDate: January18,2023 Page2of2

AGENDA ITEM #11.3
IWA Warrants Period 01.04.23 thru 01.18.23 (Rey Trejo, IWA General Manag... Page 41 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: the and Indio of City between Agreement Reimbursement Agency the Coachella Valley Association of Governments (CVAG) for the Jefferson Street Widening Project (Project No. ST2203) and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

RECOMMENDATION:

Approve the Agency Reimbursement Agreement between the City of Indio and Coachella Valley Association of Governments (CVAG) for the Preliminary Design and Environmental Studies phase for the Jefferson Street Widening from Avenue 38 to Sun City Boulevard Project (Project No. ST2203) and making a determination that the action is exempt from further environmental review pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act

SUMMARY:

The Jefferson Street Widening from Avenue 38 to Sun City Boulevard Project (Project No. ST2203) proposes to improve Jefferson Street to the ultimate condition, ranging from four to six lanes in each direction bicycle and pedestrian facilities. The Agency Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) includes the preliminary design and environmental studies phase for Jefferson Street from Avenue 38 to Sun City Boulevard.

BACKGROUND INFORMATION:

On August 9, 2022, staff requested funding from Measure A and the Transportation Uniform Mitigation Fee (TUMF) Programs from CVAG to cover 75% of the preliminary design and environmental costs to improve the Jefferson Street corridor from Avenue 38 to Sun City Boulevard, into a four to six-lane street. Currently, the street consists of one or two lanes in each direction. Staff proposes to improve this roadway to the ultimate condition with four to six lanes in each direction and include the appropriate bicycle and pedestrian facility in accordance with the Regional Active Transportation Plan and City General Plan.

The City conducted a traffic study for the proposed project. It determined that the roadway segments along Jefferson Street are anticipated to operate at an unacceptable Level of Service (LOS) E based on the daily traffic volumes. By expanding the roadway to serve as a four to six -lane facility, the proposed project would bring the entire corridor up to an acceptable level of service and bring all of Jefferson Street north of Interstate 10 to its ultimate General Plan condition.

CVAG approved this project during the December 5, 2022, Executive Committee meeting.

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 42 of 138

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$300,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: DIF Roads Fund-Org-Object
Reference:
313-523006

Additional Financial Details:

The total cost for the preliminary design and environmental studies phase of the Jefferson Street Widening Project Reimbursement the Agency with accordance In $300,000. at is estimated Agreement, CVAG will reimburse the City for 75% of the total design cost up to $225,000. The City’s 25% share is expected to total approximately $75,000. The City’s share is currently budgeted in the Capital Improvement Program using Developer Impact Fees for Roads (Fund 313). No General Fund money is being requested at this time.

ATTACHMENTS:

Attachment 1
Attachment 2

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 24 Jan 2023 Steven Graham, City Attorney Approved - 26 Jan 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 26 Jan 2023 Bryan H. Montgomery, City Manager Approved - 26 Jan 2023

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 43 of 138 ATTACHMENT 1

PROJECT LOCATION MAP

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 44 of 138

CITY OF INDIO | JEFFERSON STREET IMPROVEMENT PROJECT | FOCUSED TRAFFIC STUDY PAGE 2
FIGURE 1 – PROJECT LOCATION MAP

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 45 of 138 ATTACHMENT 2

AGENCY REIMBURSEMENT

AGREEMENT

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 46 of 138 CONTRACT NO. CVAG-22-XXX

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF INDIO

PRELIMINARY DESIGN AND ENVIRONMENTAL STUDIES (PS&E)
JEFFERSON STREET WIDENING FROM AVENUE 38 TO SUN CITY BOULEVARD THIS AGREEMENT is made and entered into this 5TH day of December, 2022, by and between the City of Indio ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances:

RECITALS
The "Coachella Valley Area Transportation Study", a valley -wide study prepared under the auspices of CVAG, has identified various transportation and highway projects and corridors throughout the Coachella Valley to be of regional importance. This project is included in the 2016 Transportation Project Prioritization Study (TPPS) document; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and,
CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and,
CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee “TUMF” Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and,
Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy -five Percent (75%) of eligible Project costs (the Regional Share). H istorically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved.

Agency desires to proceed with the preliminary design and environmental studies (PS&E) phase for the Jefferson Street widening from Avenue 38 to Sun City Boulevard Project. The estimated cost of the Project PS&E is $300,000. CVAG’s share of the Project cost is not-to-exceed $225,000, being the maximum approved Regional Share of the Project costs.

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 47 of 138 CONTRACT NO. CVAG-22-XXX

NOW, THEREFORE , in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows:

1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG ’s Transportation Project Prioritization Study or specifically authorized by CVAG’s Executive Committee . The Project was specifically approved by CVAG’s Executive Committee as consistent with the TPPS on 05 December 2022, and is therefore eligible.

2. The Project is generally described as and consists of the following: preliminary design and environmental studies (PS&E) for Jefferson Street between Avenue 38 and Sun City Boulevard. These services will hereinafter be referred to as the "Project".

3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. CVAG’s cost share for the project will be as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6.

This Agreement shall establish a Time Trigger, which will require that the start of the Final Design Phase of the Project must begin by 05 December 2024.

4. It is the agreement between CVAG and Agency that of the total estimated cost of the project will be approximately $ 300,000, CVAG’ Regional Share will equal $225,000, and the Local share shall be $75,000, as well as equal one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds.

5. Agency agrees to seek reimbursement of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Poli cies and Procedures Manual for the Regional Arterial Program, as most recently amended.

6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 48 of 138 CONTRACT NO. CVAG-22-XXX

requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency’s payment of the invoices or demands for payment.

Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not mor e often than monthly and not less often than quarterly.

6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days.

6.2 If a post -payment audit or review indicates that CVAG has provided reimbursement to Agency in an amount in excess of One-Hundred Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG.

7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility.

8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible.

9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit “A,” an increase of any costs over those shown in Exhibit “B,” or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for fu rther appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Non-substantive changes may be made to this agreement subject to CVAG’s General Counsel’s approval.

10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles.

Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 49 of 138 CONTRACT NO. CVAG-22-XXX

permit CVA G, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection.

11. The occurrence of any one or more of the following events shall, at CVAG’s option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof.

11.1 Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency’s officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect;

11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or,

11.3 There sh all occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors.

12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act.

13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Ag ency and no third person shall have any right of action under this Agreement.

14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure “A”/TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure “A”/TUMF funds. Prior to initiation of on-site construction, Agency agrees to provide at least one “Project Sign” to be

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 50 of 138 CONTRACT NO. CVAG-22-XXX

placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project.

15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by r eason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and ho ld harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or p ut by reason of or resulting from the actions of CVAG taken in the performance of this Agreement.

16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as “also insured” on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as “also insureds,” within 30 days of signing a contract with the prime contractor.

17. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party’s rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement.

18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation’s policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all perso ns claiming under or

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 51 of 138 CONTRACT NO. CVAG-22-XXX

through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement.

19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG m ay reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement.

20. This Agreement may not be assigned without the express written consent of CVAG first being obtained.

21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement.

22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement.

23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure “A” monies.

24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law.

25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG’s reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement.

26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, pos tage prepaid to the following parties at the following addresses or numbers:

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 52 of 138 CONTRACT NO. CVAG-22-XXX

If to City of Indio: Bryan Montgomery
City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Telephone: (760) 391-4000

If to CVAG: CVAG
73-710 Fred Waring Drive, Suite 200
Palm Desert, CA 92260
Telephone: (760) 346-1127

Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full.

Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void.

28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the trans actions contemplated

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 53 of 138 CONTRACT NO. CVAG-22-XXX

hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element.

31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California.

32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority.

33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on this date:

ATTEST: CITY OF INDIO

By: ________________________________ By: __________________________ Bryan Montgomery, City Manager Waymond Fermon, Mayor

ATTEST: CVAG

By: _______________________________ By: ___________________________ Tom Kirk, Executive Director Steven Hernandez, Chair

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 54 of 138 CONTRACT NO. CVAG-22-XXX

EXHIBIT "A"

SCOPE OF SERVICES

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF INDIO

PRELIMINARY DESIGN AND ENVIRONMENTAL STUDIES (PS&E)
JEFFERSON STREET WIDENING FROM AVENUE 38 TO SUN CITY BOULEVARD

The Scope of Services for this Project includes the preliminary design and environmental studies (PS&E) phase for the corridor spanning from Avenue 38 to Sun City Boulevard.

The proposed scope of work for this Project includes design improvements for Jefferson Street to the ultimate condition, ranging from two to four lanes each direction, sidewalks and bike lanes on each side. The intersection traffic signals will be constructed to be consistent with the Regional Traffic Signal Synchronization Master Plan and incorporate best practices consistent with the Regional ATP Design Guidelines.

AGENDA ITEM #11.4
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EXHIBIT "B"

AGENCY REIMBURSEMENT AGREEMENT

BY AND BETWEEN CVAG AND THE CITY OF INDIO

PRELIMINARY DESIGN AND ENVIRONMENTAL STUDIES (PS&E)
JEFFERSON STREET WIDENING FROM AVENUE 38 TO SUN CITY BOULEVARD

The total estimated cost of the Project’s Preliminary Design and Environmental Studies (PS&E) phase is $300,000.

In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified costs, in this case the estimated as not-to-exceed $225,000. The Local Share shall be $75,000 as 25% of the project cost, as well as equal one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG.

The City of Indio as Lead Agency agrees to invoice CVAG for 75% of the eligible project cost.

AGENDA ITEM #11.4
Agency Reimbursement Agreement between the City of Indio and the Coachel... Page 56 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Ordinance No. 1780, an Ordinance of the City Council of the City of Indio amending Chapter 105 of Title IX of the Indio Municipal Code related to the use of unmanned aircraft (Drones), small unmanned aircraft, and unmanned aircraft systems, introduce the ordinance by title only, request the City Clerk to read the title, and determining that said action qualifies for the common sense California the of 15061(b)(3) pursuant to exemption Section Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment

RECOMMENDATION:

Waive full reading of Ordinance No. 1780, an ordinance of the City Council of the City of Indio amending Chapter 105 of Title IX of the Indio Municipal Code related to the use of unmanned aircraft (Drones), small unmanned aircraft, and unmanned aircraft systems, introduce the ordinance by title only, request the City Clerk to read the title, and determining that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SUMMARY:

Chapter 105 of Title IX of the Indio Municipal Code regulates the use of drones and other unmanned aircraft and unmanned aircraft systems. The proposed amendments will modernize the existing ordinance to promote the safe and lawful operation of unmanned ai rcraft and unmanned aircraft systems. The ordinance aligns with Federal Aviation Administration (FAA) rules and standards regarding unmanned aircraft and will better enable the effective enforcement of such regulations when improperly used or used in inappropriate circumstances.

BACKGROUND INFORMATION:

On March 7, 2018, the City of Indio adopted ordinance 1731 to establish Chapter 105 of Title IX in order to establish drone regulations within the boundaries of the City. The original ordinance addressed and provided for then -best practices. As the technological capability of drones continues to grow, the proposed ordinance will address those changes to promote safer operations of drones, small unmanned aircraft, and similar systems.

Amendments to Chapter 105: Drone Regulations are intended to address the changes in technology and standard best practices related to drone operation. Staff is proposing to include the definition AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 57 of 138 relevant terminology as defined by FAA and other regulatory agencies. The proposed ordinance also includes requirements to designate a licensed, remote pilot of unmanned aircraft prior to the start of operation for increased accountability, increased standards and necessary protocols for operators to enhance the public safety of residents, and will require approval by City staff for commercial operation of drones within Indio. Furthermore, the proposed ordinance also provides for exceptions to certain licensing requirements for aircraft weighing less than 250 grams (0.55 pounds), while being used safely for recreational purposes.

The proposed ordinance is intended to operate in conjunction with Federal laws, State laws, FAA rules, and regulations, to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft systems within Indio. The City intends to regulate unmanned aircraft within Indio effectively in order to help reduce the risks imposed by unmanned aircraft, increase the positive uses of unmanned aircraft, and protect the health, safety, and welfare of City residents.

ATTACHMENTS:

Attachment 1: Ordinance 1780 - Drones

APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 26 Jan 2023

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 58 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 ORDINANCE NO. 1780

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO, CALIFORNIA, AMENDING CHAPTER 105 OF

TITLE IX OF THE INDIO MUNICIPAL CODE

DETERMINING THAT THE PROJECT QUALIFIES FOR

THE COMMON SENSE EXEMPTION PURSUANT TO
SECTION 15061(B)(3) OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) AS IT CAN

BE SEEN WITH CERTAINTY THAT THERE IS NO

POSSIBILITY THAT THE ACTIVITY IN QUESTION MAY

HAVE A SIGNIFICANT EFFECT ON THE

ENVIRONMENT
WHEREAS, in recent years, unmanned aircraft and
unmanned aircraft systems, commonly known as “Drones”, have become more widely used and accessible for recreational, commercial, and other purposes.

WHEREAS, the operation of unmanned aircraft and
unmanned aircraft systems can pose a significant threat to public safety when unmanned aircraft are improperly used or used in inappropriate circumstances.

WHEREAS, imposing community-based safety
requirements consistent with Federal
Aviation Administration ("FAA") rules regarding unmanned aircraft is necessary to mitigate such public safety risks.

WHEREAS, the FAA has warned that any person
operating an unmanned aircraft in the United States is responsible for understanding and abiding by all applicable laws and rules regulating the operation of an unmanned aircraft.

WHEREAS, this ordinance is intended to operate in
conjunction with Federal laws, State laws, FAA rules and regulations, to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft Systems within the City.

WHEREAS, the City Council for the City of Indio ("City") intends for this Ordinance to
regulate unmanned aircraft within the City effectively in order to help reduce the risks imposed by unmanned aircraft, increase the positive uses of unmanned aircraft, and protect the health, safety, and welfare of City residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 59 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 CITY OF INDIO DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. Chapter 105 entitled Drone Regulations of Title IX (General Regulations) of the Indio Municipal Code is amended to read as follows:
“Chapter 105

DRONE REGULATIONS
Sections:
105.01 Purpose and Intent
105.02 Definitions
105.03 Operating Requirements and Restrictions
105.04 Protected Sites
105.05 Exemptions
105.06 Commercial Operations
105.07 Enforcement
105.01 Purpose and Intent.

The purpose and intent of this Chapter is to effectively regulate unmanned aircraft and unmanned aircraft systems, commonly known as “Drones”, operated within the City in order to promote the health, safety, and general welfare of City residents. The City seeks to implement appropriate regulations of unmanned aircraft and unmanned aircraft
systems pursuant to the City’s police powers and its
authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All
regulations herein are intended to protect the health, safety, and welfare of the public and address specific areas of local municipal concern where the operation of unmanned
aircraft and unmanned aircraft systems could cause harm or injury. This Chapter is not intended to restrict persons operating commercial unmanned aircraft and unmanned
aircraft systems in compliance with all applicable FAA
rules and other applicable laws, outside of protected sites.

This Chapter is not intended to restrict persons operating

AGENDA ITEM #12.1
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strictly for recreational purposes in compliance with all applicable FAA rules and other applicable laws, outside of protected cites.

Federal laws, state laws, and FAA rules and regulations are subject to change. Compliance with this Chapter may not constitute compliance with current, pending or future,
federal laws, state laws or FAA rules and regulations. It is the responsibility of all persons operating, or involved in the operation of, unmanned aircraft and unmanned aircraft systems to ensure they are in compliance with all the legal duties that may be applicable to their involvement in the operation of any unmanned aircraft and unmanned aircraft systems.

This Chapter is not intended to preempt Federal laws, State laws or FAA rules and regulations, but to operate in
conjunction with those rules to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft
systems within the City.
105.02 Definitions.

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise, or if there is a conflict between a definition of this section and federal or state law, the definition set under federal or state law is controlling:

A. “CITY MANAGER’S DESIGNEE” – means the
City Manager or any agent of the City as designated
by the City Manager.

B. “EMERGENCY RESPONDER” – means any
person engaged in providing emergency services
who is an agent of the City, the County of
Riverside, a public agency, a law enforcement
agency, the fire department, or a public safety
organization.

C. “FAA” – means the Federal Aviation
Administration.

D. “PERSON” – means and include any natural
person, corporation, company, firm, association,

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 61 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 organization, co-partnership, joint venture, trust,
business trust, syndicate, estate, receiver, society,
club, fraternal organization, any group, or
combination thereof acting as a unit, and any
officer, agent, employee, or servant of any of the
foregoing.

E. “SPECIAL EVENT” – means any event, assembly,
or gathering held on public land or open-air facility,
private property, or commercial or industrial facility
that is open to the public and intended to attract
people. This includes, but is not limited to, sporting
events, concerts, festivals, farmer’s markets, and
other similar events.

F. “LAW ENFORCEMENT OFFICER” – means any
person authorized under federal, state, or local laws
to enforce the laws and regulations of the City of
Indio, the State of California, or the United States of America.

G. “DRONE” – means an unmanned aircraft.

H. “UNMANNED AIRCRAFT” – means an aircraft
operated without the possibility of direct human
intervention from within or on the aircraft, as
defined by Title 14 of the Code of Federal
Regulations § 1.1, and California Government Code
§ 853.5.

I. “UNMANNED AIRCRAFT SYSTEM” – means an
unmanned aircraft and associated elements
(including communication links and the
components that control the unmanned aircraft) that
are required for the operator to operate safely and
efficiently in the national airspace system, as
defined under Title 49 United States Code
Annotated § 44801(12), 14 C.F.R. § 107.3 and
California Government Code § 853.5.

J. “SMALL UNMANNED AIRCRAFT” – means an
unmanned aircraft weighing less than 55 pounds at
takeoff, this weight includes everything that is on
board or otherwise attached to the aircraft before

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 62 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 and after takeoff, in accordance with 14 C.F.R. §

1.1, 14 C.F.R. § 170, 14 C.F.R. § 107.1, and 14
C.F.R. § 107.3.

K. “SMALL UNMANNED AIRCRAFT SYSTEM” –
means an unmanned aircraft and associated
elements (including communication links and the
components that control the unmanned aircraft) that
are required for the operator to operate safely and
efficiently in the national airspace system, as
defined under 49 U.S.C.A. § 44801(12), 14 C.F.R. §

1.1, 14 C.F.R. § 107.3, and California Government
Code § 853.5.

L. “FOREIGN CIVIL AIRCRAFT” – means any
aircraft of foreign registry that is not part of the
armed forces of a foreign nation, or a U.S.
registered aircraft owned, controlled, or operated by
persons who are not citizens or permanent residents
of the United States, as defined in 14 C.F.R. §
375.1, 14 C.F.R. § 375.11, and 14 C.F.R. § 375.10.

M. “DECLARATION OF COMPLIANCE” – means a
record submitted to the FAA that certifies the small
unmanned aircraft conforms to the Category 2, or
Category 3 requirements under 14 C.F.R. §
107.160, in accordance with 14 C.F.R. § 107.

N. “REMOTE PILOT CERTIFICATE” – means a
certificate issued pursuant to subpart C of 14 C.F.R.
§ 107 that satisfies all the requirements of 14 C.F.R.
§ 107.65 (See 14 C.F.R. § 107.52 through §
107.59).

O. “REMOTE PILOT IN COMMAND” – means a
person who holds a remote pilot certificate with a
small unmanned aircraft system rating and has final
authority and responsibility for the operation and
safety of a small unmanned aircraft operation
conducted in compliance with all provisions of 14
C.F.R. § 107 and all other federal, state, county, city or other regulations applicable to the date, time,
location, and conditions of the small unmanned
aircraft operation.

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 63 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 P. “PERSON MANIPULATING CONTROLS” –
means a person other than the remote pilot in
command who is controlling or manipulating the
flight, or flight controls of a small unmanned
aircraft in accordance with 14 C.F.R. § 107.12.

Q. “VISUAL OBSERVER” – means a person who is
designated by the remote pilot in command to assist
the remote pilot in command and the person
manipulating the flight controls of the small
unmanned aircraft to see and avoid other air traffic
or objects in flight or on the ground, as defined
under 14 C.F.R. § 107.3.

R. “VISUAL LINE OF SIGHT” – means the remote
pilot in command, the visual observer (if one is
used), and the person manipulating the flight
controls (if one is used) of the small unmanned
aircraft system must be able to see the unmanned
aircraft throughout the entire flight with vision that
is unaided by any device other than corrective
lenses, as defined under 14 C.F.R. § 107.31.

S. “OPERATION WAIVER” – means the required
official documentation, issued by the FAA under 14
C.F.R. § 11, 14 C.F.R. § 107.200, 14 C.F.R. §
107.205, 49 U.S.C.A. § 44807, or other applicable
FAA provision, authorizing the operation of an
unmanned aircraft in a way that falls outside the
permissible operation limitations of federal
regulations. An operation waiver is required to
operate any unmanned aircraft weighing 55 pounds
or more at takeoff, or during flight.

T. “SPECIAL FLIGHT AUTHORIZATION FOR
FOREIGN CIVIL AIRCRAFT” –means the
required official documentation, issued by the FAA
in accordance with 14 C.F.R. § 170.12(c), 14 C.F.R.
§ 170.13, 14 C.F.R. § 91.715, 14 C.F.R. § 357.11,
or other applicable FAA provision, authorizing the
operation of a foreign civil aircraft or a U.S.
registered aircraft owned, controlled, or operated by
persons who are not citizens or permanent residents
of the United States.

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 64 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 105.03 Operating Requirements and
Restrictions.

No person may operate a drone, unmanned aircraft, or
small unmanned aircraft in a manner that is prohibited by any applicable federal, state, or local laws and regulations.

In addition to all other applicable laws and regulations, the following shall apply to the operation of drones, unmanned aircrafts, and small unmanned aircrafts within the City of Indio:

A. PREFLIGHT DESIGNATION OF REMOTE
PILOT IN COMMAND – In accordance with 14
C.F.R. § 107.19, a remote pilot in command must
be designated before any flight of a drone,
unmanned aircraft, or small unmanned aircraft.

1. REQUIRMENTS TO QUALIFY AS A
REMOTE PILOT IN COMMAND – In
accordance with 14 C.F.R. § 107.12 and
California Public Utilities Code § 21409,
no person may act as a remote pilot in
command unless:
a.That person has a remote pilot
certificate with a small unmanned
aircraft rating issued pursuant to
14 C.F.R. § 107.52 through §
107.79 and satisfies the
requirements of 14 C.F.R. §
107.65; or
b. The person is in possession of a
valid FAA–issued operation
waiver, or a special flight
authorization for foreign civil
aircraft, consistent with
international standards,
authorizing an airman to operate a
civil foreign-registered small
unmanned aircraft without an
FAA–issued remote pilot
certificate with a small unmanned
aircraft system (UAS) rating.

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2. INSPECTION OF REMOTE PILOT
CERTIFICATE - A remote pilot in
command, owner, or person manipulating
the flight controls of a small unmanned
aircraft system must have their remote
pilot certificate, with a small UAS rating
and identification containing the
information listed at 14 C.F.R. §
107.67(b)(1) - (3), in that person's physical
possession and readily accessible to
present for inspection, upon the request of
any federal, state, or local law
enforcement officer, and authorized
representative of the agencies identified in
14 C.F.R. § 107.7, California Public
Utilities Codes § 21410, § 21252, and all
other applicable federal, state and local
regulations.

3. INSPECTION OF OPERATION WAIVER
- A remote pilot in command, owner, or
person manipulating the flight controls of
a small unmanned aircraft system under an
operation waiver, or a special flight
authorization for foreign civil aircraft,
must have the operation waiver in their
physical possession and readily accessible
to present for inspection, upon the request
of any federal, state, or local law
enforcement officer, in accordance with 14
C.F.R. § 107, California Public Utilities
Codes § 21410, § 21252, and all other
applicable federal, state and local
regulations.

4. GENERAL DUTIES OF A REMOTE
PILOT IN COMMAND – In accordance
with 14 C.F.R. § 107.19, a remote pilot in
command has the following duties:
a.The remote pilot in command is
directly responsible for and is the
final authority as to the operation
of the small unmanned aircraft
system.

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 66 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 b. The remote pilot in command
must ensure that the small
unmanned aircraft will pose no
undue hazard to other people,
other aircraft, or other property in
the event of a loss of control of
the small unmanned aircraft for
any reason.
c.The remote pilot in command must
ensure that the drone or small
unmanned operation complies
with all applicable regulations of
this chapter and all applicable
FAA regulations.
d. The remote pilot in command
must have the ability to direct the
small unmanned aircraft to ensure
compliance with the applicable
provisions of this chapter.

B. INSPECTION, TESTING AND
DEMONSTRATION BEFORE OPERATION - The
remote pilot in command, visual observer, owner,
operator, or person manipulating the flight controls
of a small unmanned aircraft system must, upon
request of law enforcement, allow any test or
inspection of the small unmanned aircraft system,
the remote pilot in command, the person
manipulating the flight controls of a small
unmanned aircraft system, and, if applicable, the
visual observer to determine compliance with all
applicable FAA regulations, in accordance with 14
C.F.R. § 107.7.

C. PREFLIGHT REMOTE PILOT IN COMMAND
PROCEDURE – In accordance with 14 C.F.R. §
107.49, before any flight of a small unmanned
aircraft, the remote pilot in command must do all of
the following:

1. The remote pilot in command must assess
the operating environment, considering

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 67 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 risks to persons and property in the
immediate vicinity both on the surface and
in the air. This assessment must include:
a.Local weather conditions; and
b. Local airspace and any flight
restrictions; and
c.The location of persons and property
on the surface; and
d. Other ground hazards.

2. The remote pilot in command must ensure
that all persons directly participating in the
small unmanned aircraft operation are
informed about the operating conditions,
emergency procedures, contingency
procedures, roles and responsibilities, and
potential hazards; and

3. The remote pilot in command must ensure
that all control links between the ground
control station and the small unmanned
aircraft are working properly; and

4. If the small unmanned aircraft is powered,
the remote pilot in command must ensure
that there is enough available power for
the small unmanned aircraft system to
operate for the intended operational time;
and

5. The remote pilot in command must ensure
that any object attached or carried by the
small unmanned aircraft is secure and does
not adversely affect the flight
characteristics or controllability of the
aircraft; and

6. If the operation will be conducted over
human beings, the remote pilot in
command must ensure that the aircraft

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107.110, § 107.120(a), § 107.130(a), or §
107.140, as applicable; and

7. In accordance with 14 C.F.R. § 107.15, no
person may operate a civil small
unmanned aircraft system unless it is in a
condition for safe operation. Before each
flight, the remote pilot in command must
check the small unmanned aircraft system
to determine whether it is in a condition
for safe operation.

D. PERSON MANIPULATING CONTROLS – In
accordance with 14 C.F.R. § 107.12, no person may
manipulate the flight controls of a small unmanned
aircraft system unless:

1. That person has a remote pilot certificate
with a small unmanned aircraft rating
issued pursuant to 14 C.F.R. § 107.52
through § 107.79 and satisfies the
requirements of 14 C.F.R. § 107.65; or

2. That person is under the direct supervision
of a remote pilot in command and the
remote pilot in command can immediately
take direct control of the flight of the small
unmanned aircraft.

E. USE OF A VISUAL OBSERVER – In accordance
with 14 C.F.R. § 107.33, if a visual observer is used
during the aircraft operation, all of the following
requirements must be met:

1. The remote pilot in command, the person
manipulating the flight controls of the
small unmanned aircraft system, and the
visual observer must maintain effective
communication with each other at all
times.

2. The remote pilot in command must ensure
that the visual observer is able to maintain
a continuous visual line of sight of the

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flight with vision that is unaided by any
device other than corrective lenses, in
accordance with 14 C.F.R. § 107.31.

3. The remote pilot in command, the person
manipulating the flight controls of the
small unmanned aircraft system, and the
visual observer must coordinate to do the
following:
a.Scan the airspace where the small
unmanned aircraft is operating for
any potential collision hazard; and

b. Maintain awareness of the
position of the small unmanned
aircraft through direct visual
observation.

F. GENERAL OPERATION REQUIREMENTS
DURING FLIGHT – The remote pilot in command,
and the person manipulating the flight controls of
the small unmanned aircraft system, must comply
with all of the operating regulations under 14 C.F.R.
§ 107, and all other applicable FAA regulations
when operating a drone, unmanned aircraft, or small
unmanned aircraft, including but not limited to:

1. REQUIRED CERTIFICATION AND
REGISTRATION – In accordance with 14
C.F.R. § 107.13, a person operating a
drone, unmanned aircraft, or small
unmanned aircraft, for purposes of flight,
must ensure the drone unmanned aircraft,
or small unmanned aircraft complies with
all applicable FAA certification and
registration requirements, including but
not limited to the provisions of 14 C.F.R.
§ 91.203(a)(2) and California Public
Utilities Code § 21411.

2. OPERATION LIMITATIONS DURING
FLIGHT – in accordance with 14 C.F.R. §

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Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 70 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 107.51 and all other applicable federal,
state, and local regulations, a remote pilot
in command, and the person manipulating
the flight controls of the small unmanned
aircraft system, must comply with all of
the following operating limitations when
operating a small unmanned aircraft
system:
a.The groundspeed of the small
unmanned aircraft may not exceed
87 knots (100 miles per hour).

b. The altitude of the small
unmanned aircraft cannot be
higher than 400 feet above ground
level, unless the small unmanned
aircraft is flown within a 400–foot
radius of a structure; and does not
fly higher than 400 feet above the
structure's immediate uppermost
limit.
c.The minimum flight visibility, as
observed from the location of the
control station must be no less
than 3 statute miles. For purposes
of this section, flight visibility
means the average slant distance
from the control station at which
prominent unlighted objects may
be seen and identified by day and
prominent lighted objects may be
seen and identified by night.
d. The minimum distance of the
small unmanned aircraft from
clouds must be no less than 500
feet below the cloud and 2,000
feet horizontally from the cloud.

3. MEDICAL CONDITION - In accordance
with 14 C.F.R. § 107.17, no person may
manipulate the flight controls of a small
unmanned aircraft system or act as a

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or direct participant in the operation of the
small unmanned aircraft if they know or
has reason to know that they have a
physical or mental condition that would
interfere with the safe operation of the
small unmanned aircraft system.

4. ALCOHOL OR DRUGS – No person may
manipulate the flight controls of a small
unmanned aircraft system, or act as a
remote pilot in command, or a visual
observer within 8 hours after the
consumption of any alcoholic beverage;
while under the influence of alcohol; while
using any drug that affects the person’s
faculties in a way contrary to safety; or
while having an alcohol concentration of

0.04 or greater in a blood or breath
specimen, in accordance with 14 C.F.R. §
107.27, 14 C.F.R. § 91.17 and California
Public Utilities Codes § 21407.1, § 21415.
a.SUBMISSION TO TESTING

RELATED TO ALCOHOL OR
DRUGS - A person manipulating
the flight controls of a small
unmanned aircraft system or
acting as a remote pilot in
command or visual observer shall,
upon request of a law enforcement
officer, submit to a test to indicate
the alcohol concentration in the
blood or breath, or the presence of
any drug in the blood, in
accordance with 14 C.F.R. §
107.59, 14 C.F.R. § 91.17, and
California Public Utilities Codes §
21407.2 and § 21252.

b. REFUSAL OF TESTING - The
law enforcement officer
requesting a person manipulating
the flight controls of a small
unmanned aircraft system or

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command or visual observer to
submit to a chemical test of the
blood, breath, or urine in
accordance with this section, shall
report any person manipulating
the flight controls of a small
unmanned aircraft system, or
acting as a remote pilot in
command, or visual observer
refusing to submit to the chemical
test to the Federal Aviation
Administration for appropriate
administrative action in
accordance with 14 C.F.R. §
107.57, 14 C.F.R. § 107.59, 14
C.F.R. § 91.17, and California
Public Utilities Codes § 21407.2.

5. OPERATION OF MULTIPLE
UNMANNED AIRCRAFT - In
accordance with 14 C.F.R. § 107.35, a
person may not manipulate flight controls
or act as a remote pilot in command or
visual observer in the operation of more
than one drone, unmanned aircraft, or
small unmanned aircraft at the same time,
unless the operation is in accordance with
a valid operation waiver.

6. OPERATION NEAR AIRCRAFT – In
accordance with 14 C.F.R. § 107.37, No
person may operate a drone, unmanned
aircraft, or small unmanned aircraft so
close to another aircraft as to create a
collision hazard. Each drone, unmanned
aircraft, or small unmanned aircraft must
yield the right of way to all aircraft,
airborne vehicles, and launch and reentry
vehicles. Yielding the right of way means
that the drone, unmanned aircraft, or small
unmanned aircraft must give way to the
aircraft or vehicle and may not pass over,
under, or ahead of it unless well clear.

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7. INTERFERENCE WITH AIRPORTS AND
HELIPORTS – In accordance with 14
C.F.R. § 107.43 and all other applicable
federal regulations, no person may operate
a drone, unmanned aircraft, or small
unmanned aircraft in a manner that
interferes with operations and traffic
patterns at any airport or heliport.

8. OPERATION IN CERTAIN AIRSPACE –
In accordance with 14 C.F.R. 107.41, and
all other applicable FAA regulations, no
person may operate a drone, unmanned
aircraft, or small unmanned aircraft in
Class B, Class C, or Class D airspace or
within the lateral boundaries of the surface
area of Class E airspace designated for an
airport unless that person has prior
authorization from the applicable Air
Traffic Control.
a.Class B, C, D, and E airspace are
defined under 14 C.F.R. § 71.

9. FLIGHT RESTRICTIONS IN THE

PROXIMITY OF CERTAIN AREAS

DESIGNATED BY NOTICE TO
AIRMEN – A person acting as a remote
pilot in command must comply with the
provisions of 14 C.F.R. § 91.137 through
§ 91.145 and 14 C.F.R. § 99.7.

10. CARRIAGE OF HAZARDOUS
MATERIALS – In accordance with 14
C.F.R. § 107.36, a drone, unmanned
aircraft, or small unmanned aircraft may
not carry hazardous material. For purposes
of this section, the term hazardous material
is defined in 49 C.F.R. § 171.8.

11. CARRIAGE OF CONTROLLED
SUBSTANCES AND ALCOHOL – no
person may operate a drone, unmanned
aircraft, or small unmanned aircraft with
knowledge that narcotic drugs, marihuana,

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substances as defined in Federal or State
statutes are carried in, on, or by the drone,
unmanned aircraft, or small unmanned
aircraft, in accordance with 14 C.F.R. §

91.19 and 14 C.F.R. § 107.57. This section
does not apply to any carriage of narcotic
drugs, marihuana, and depressant or
stimulant drugs or substances authorized
by or under any Federal or State statute or
by any Federal or State agency.

12. OPERATION FROM A MOVING
VEHICLE – In accordance with 14 C.F.R.
§ 107.25, no person may operate a drone,
unmanned aircraft, or small unmanned
aircraft from a moving aircraft, or from a
moving land or water-borne vehicle
unless:
a.The small unmanned aircraft is
flown over a sparsely populated
area and is not transporting
another person's property for
compensation or hire; or
b. The operation is done in
compliance with a valid operation
waiver.

G. OPERATIONS OVER HUMAN BEINGS – Except
as provided in 14 C.F.R. § 107.39(a), § 107.39(b)
and § 107.145, a remote pilot in command may
conduct operations over human beings only in
accordance with the following, as applicable: 14
C.F.R. § 107.110 for Category 1 operations; 14
C.F.R. § 107.115 and 14 C.F.R. § 107.120 for
Category 2 operations; 14 C.F.R. § 107.125 and 14
C.F.R. § 107.130 for Category 3 operations; or 14
C.F.R. § 107.140 for Category 4 operations.

1. OPERATION OVER HUMAN BEINGS –
Pursuant to 14 C.F.R. § 107.39, no person
may operate a small unmanned aircraft
over a human being unless:

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participating in the operation of
the small unmanned aircraft; or
b. That human being is located under
a covered structure or inside a
stationary vehicle that can provide
reasonable protection from a
falling small unmanned aircraft;
or
c.The operation meets the
requirements of at least one of the
operational categories specified in
14 C.F.R. § 107.100-165; or
d. The operation is done in
compliance with a valid operation
waiver.

2. OPERATION OVER HUMAN BEINGS IN
MOVING VEHICLES - Pursuant to 14
C.F.R. § 107.145, no person may operate a
small unmanned aircraft over a human
being located inside a moving vehicle
unless the following conditions are met:
a.The operation occurs in accordance
with § 107.110 for Category 1
operations; § 107.115 for
Category 2 operations; § 107.125
for Category 3 operations; or §
107.140 for Category 4
operations.
b. For an operation under Category
1, Category 2, or Category 3, the
small unmanned aircraft,
throughout the operation, must
remain within or over a closed- or
restricted-access site, and all
human beings located inside a
moving vehicle within the closed-
or restricted-access site must be

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aircraft may fly over them; or
must not maintain sustained flight
over moving vehicles.

c.For a Category 4 operation, the small
unmanned aircraft must have an
airworthiness certificate issued by
the FAA and be operated in
accordance with the operating
limitations approved by the FAA.

3. CATEGORY 1 OPERATIONS - 14 C.F.R.
§ 107.110
a.A remote pilot in command must use
a small unmanned aircraft that
weighs 0.55 pounds or less on
takeoff and throughout the
duration of each operation under
Category 1, including everything
that is on board or otherwise
attached to the aircraft, and does
not contain any exposed rotating
parts that would lacerate human
skin upon impact with a human
being.
b. No remote pilot in command may
operate a small unmanned aircraft
in sustained flight over open-air
assemblies of human beings
unless the operation meets the
requirements of either 14 C.F.R. §

89.110 or 14 C.F.R. § 89.115(a).

4. CATEGORY 2 OPERATIONS – In
accordance with 14 C.F.R. § 107.120, to
be eligible for use in Category 2
operations, the small unmanned aircraft
must be designed, produced, or modified
such that it meets all of the following
requirements:

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accordance with 14 C.F.R. §
107.120(a), the small unmanned
aircraft will not cause injury to a
human being that is equivalent to
or greater than the severity of
injury caused by a transfer of 11
foot-pounds of kinetic energy
upon impact from a rigid object;
does not contain any exposed
rotating parts that would lacerate
human skin upon impact with a
human being; and does not
contain any safety defects.
b. LABELING – In accordance with
14 C.F.R. § 107.120(b)(1), the
small unmanned aircraft must
display a label on the small
unmanned aircraft indicating
eligibility to conduct Category 2
operations. The label must be in
English and be legible, prominent,
and permanently affixed to the
small unmanned aircraft.
c.COMPLIANCE – In accordance
with 14 C.F.R. § 107.120(b)(2)
and (3), the small unmanned
aircraft must meet all of the
requirements of 14 C.F.R. §
107.120(b) and have the necessary
declaration of compliance.
d. In accordance with 14 C.F.R. §
107.115, A remote pilot in
command must use a small
unmanned aircraft that is eligible
for Category 2 operations
pursuant to 14 C.F.R. §
107.120(a); and is listed on an
FAA accepted declaration of
compliance as eligible for
Category 2 operations in
accordance with 14 C.F.R. §

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to conduct Category 2 operations
in accordance with 14 C.F.R. §
107.120(b)(1).
e.OPERATION REQUIREMENTS –
No remote pilot in command may
operate a small unmanned aircraft
in sustained flight over open-air
assemblies of human beings
unless the operation meets the
requirements of either 14 C.F.R. §

89.110 or 14 C.F.R. § 89.115(a).

5. CATEGORY 3 OPERATIONS – In
accordance with 14 C.F.R. § 107.130, to
be eligible for use in Category 3
operations, the small unmanned aircraft
must be designed, produced, or modified
such that it meets all of the following
requirements:
a.CHARACTERISTICS – In
accordance with 14 C.F.R. §
107.130(a), the small unmanned
aircraft will not cause injury to a
human being that is equivalent to
or greater than the severity of the
injury caused by a transfer of 25
foot-pounds of kinetic energy
upon impact from a rigid object;
does not contain any exposed
rotating parts that would lacerate
human skin upon impact with a
human being; and does not
contain any safety defects.
b. LABELING – In accordance with
14 C.F.R. § 107.130(b)(1), the
small unmanned aircraft must
display a label on the small
unmanned aircraft indicating
eligibility to conduct Category 3
operations. The label must be in
English and be legible, prominent,

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small unmanned aircraft.
c.COMPLIANCE – In accordance
with 14 C.F.R. § 107.130(b)(2)
and (3), the small unmanned
aircraft must meet all of the
requirements of 14 C.F.R.
107.130(b) and have the necessary
declaration of compliance.
d. OPERATION REQUIREMENTS
– In accordance with 14 C.F.R. §
107.125, to conduct Category 3
operations, a remote pilot in
command must use a small
unmanned aircraft that is eligible
for Category 3 operations
pursuant to § 107.130(a); is listed
on an FAA–accepted declaration
of compliance as eligible for
Category 3 operations in
accordance with § 107.160; and is
labeled as eligible for Category 3
operations in accordance with §
107.130(b)(1).

e.OPERATION LIMITATIONS – In
accordance with 14 C.F.R. §
107.125, to conduct Category 3
operations, a remote pilot in
command must not operate the
small unmanned aircraft over
open-air assemblies of human
beings; and may only operate the
small unmanned aircraft above
any human being if the operation
is within or over a closed- or
restricted-access site and all
human beings located within the
closed- or restricted-access site
must be on notice that a small
unmanned aircraft may fly over
them; or the small unmanned
aircraft does not maintain

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being unless that human being is
directly participating in the
operation of the small unmanned
aircraft; or is located under a
covered structure, or inside a
stationary vehicle that can provide
reasonable protection from a
falling small unmanned aircraft.

6. LABELING BY REMOTE PILOT IN
COMMAND FOR CATEGORY 2 AND
CATEGORY 3 OPERATIONS – In
accordance with 14 C.F.R. § 107.135, if a
Category 2 or Category 3 label affixed to a
small unmanned aircraft is damaged,
destroyed, or missing, a remote pilot in
command must label the aircraft in
English such that the label is legible,
prominent, and will remain on the small
unmanned aircraft for the duration of the
operation before conducting operations
over human beings. The label must
correctly identify the category or
categories of operation over human beings
that the small unmanned aircraft is
qualified to conduct in accordance with 14
C.F.R. § 107.100 through 14 C.F.R. §
107.165.

7. CATEGORY 4 OPERATIONS – In
accordance with 14 C.F.R. § 107.140, to
be eligible for use in Category 4
operations over human beings, the small
unmanned aircraft must meet all of the
following requirements:
a.In accordance with 14 C.F.R. §
107.140(b), the small unmanned
aircraft must have an
airworthiness certificate issued by
the FAA and be operated in
accordance with the operating
limitations approved by the FAA.

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107.140(b)(3) and 14 C.F.R. §
107.140(b)(c), the owner of the
small unmanned aircraft must
have maintenance, preventive
maintenance, alterations, or
inspections performed on the
small unmanned aircraft in
compliance with 14 C.F.R. §
107.140, and the owner must
maintain all records of
maintenance, preventive
maintenance, and alterations
performed on the aircraft.
c.In accordance with 14 C.F.R. §
107.140(d), compliance with 14
C.F.R. § 43 and part 14 C.F.R. §

91.401 through 14 C.F.R. §

91.421, fulfills the requirements
in paragraphs 14 C.F.R. §
107.140(b)(3) and 14 C.F.R. §
107.140(c).

8. OPERATING IN MULTIPLE
CATEGORIES – In accordance with 14
C.F.R. § 107.150, a small unmanned
aircraft system may be eligible for one or
more categories of operation over human
beings under this subpart, as long as a
remote pilot in command cannot
inadvertently switch between modes or
configurations.

H. NIGHT OPERATIONS - In accordance with 14
C.F.R. § 107.29, no person may operate a small
unmanned aircraft at night unless:

1. The remote pilot in command of the small
unmanned aircraft has completed an initial
knowledge test or training, as applicable,
under 14 C.F.R. § 107.65 after April 6,
2021; and

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2. The small unmanned aircraft has lighted
anti-collision lighting visible for at least 3
statute miles that has a flash rate sufficient
to avoid a collision. The remote pilot in
command may reduce the intensity of, but
may not extinguish, the anti-collision
lighting if they determine that, because of
operating conditions, it would be in the
interest of safety to do so; or

3. The person is operating under a valid
operation waiver issued after May 17,
2021.

I. TWILIGHT OPERATIONS - In accordance with
14 C.F.R. § 107.29, no person may operate a small
unmanned aircraft during civil twilight unless:

1. The small unmanned aircraft has lighted
anti-collision lighting visible for at least 3
statute miles that has a flash rate sufficient
to avoid a collision. The remote pilot in
command may reduce the intensity of, but
may not extinguish, the anti-collision
lighting if they determine that, because of
operating conditions, it would be in the
interest of safety to do so.

2. For purposes of this section, civil twilight is
the 30 minutes before official sunrise and
the 30 minutes after official sunset.

J. HAZARDOUS OPERATION – In accordance with
14 C.F.R. § 107.15 and California Public Utilities
Code § 21407, no person may:

1. Operate a drone, unmanned aircraft, or small
unmanned aircraft in a careless or reckless
manner so as to endanger the life or
property of another.

2. Allow an object to be dropped from a drone,
unmanned aircraft, or small unmanned
aircraft in a manner that creates an undue
hazard to persons or property.

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3. Hazardous operation of a drone, unmanned
aircraft, or small unmanned aircraft
includes any operation in violation of
applicable federal, state, or local laws and
regulations, including but not limited to,
the operation of a drone, unmanned
aircraft, or small unmanned aircraft
without the required certification,
registration, operation waiver, permit,
written authorization, records, or other
necessary documentation for the operation
of the drone, unmanned aircraft, or small
unmanned aircraft under the
circumstances.

4. In any proceeding charging operation of a
drone, unmanned aircraft, or small
unmanned aircraft in violation of this
section, the court in determining whether
the operation was careless or reckless, may
consider the standards for safe operation
of aircraft prescribed by federal statutes or
regulations governing aeronautics.

5. No person may continue flight of a drone,
unmanned aircraft, or small unmanned
aircraft when they know or have reason to
know that the drone, unmanned aircraft, or
small unmanned aircraft is no longer in a
condition for safe operation.

K. INVASION OF PRIVACY – No person may
operate a drone, unmanned aircraft, or small
unmanned aircraft in a manner that violates an
individual’s reasonable expectation of privacy, as
set forth by all applicable state laws, or record or
transmit any visual image, sound recording, or other
physical impression of any person or private real
property located in the City of Indio under
circumstances in which the subject person or owner
of the subject real property has a reasonable
expectation of privacy, including, but not limited to,
inside the premises or curtilage of a private
residence, office, or hotel room, or inside an

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Code § 1708.8 and § 3480)
L. INTERFERENCE WITH PERSONNEL AT THE
SCENE OF AN EMERGENCY – In accordance
with California Penal Code § 402, no person may
operate a drone, unmanned aircraft, or small
unmanned aircraft, within the City of Indio, in a
manner that impedes the activities of police officers,
firefighters, emergency medical, or other
emergency personnel, or military personnel coping
with an emergency in the course of their duties
during the time it is necessary for emergency
vehicles or those personnel to be at the scene of the
emergency or to be moving to or from the scene of
the emergency for the purpose of protecting lives or
property, unless it is part of the duties of that
person's employment to operate a drone, unmanned
aircraft, or small unmanned aircraft to view that
scene or those activities.

M. WEAPONS – No person may operate a drone,
unmanned aircraft, or small unmanned aircraft,
within the City of Indio, that contains, or has
affixed or attached to it, hazardous materials, a
weapon, a firearm, a bb device, an explosive, a
device, or container assembled for the purpose of
causing an explosion, or any other item that may be
used as a weapon.

N. PUBLIC AREAS – No person may operate a drone,
unmanned aircraft, or small unmanned aircraft,
within the City of Indio, over any public street,
park, sidewalk, hiking trail, railway, parking lots or
any other public areas in the City of Indio where
people or vehicles travel or gather, unless the
operation is in accordance with all applicable
federal, state, and local regulations.

O. PRIVATE PROPERTY – No person may operate a
drone, unmanned aircraft, or small unmanned
aircraft above, any private property unless:

1. The operation is conducted in compliance
with the express written consent of the

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rented, with the express written consent of
the current tenant of the property.

2. Any operation of a drone, unmanned
aircraft, or small unmanned aircraft over
private property must comply with all
applicable federal, state, and local
regulations.

P. COMMERCIAL PROPERTY – No person may
operate a drone, unmanned aircraft, or small
unmanned aircraft above, any commercial property
unless:

1. The operation is conducted with the express
written consent of the property owner, or
if the property is being rented, with the
express written consent of the current
tenant of the property.

2. Any operation of a drone, unmanned
aircraft, or small unmanned aircraft over
commercial property must comply with all
applicable federal, state, and local
regulations.

Q. INJURY – Any person who causes injury to another
person while operating a drone, unmanned aircraft,
or small unmanned aircraft shall comply with all
applicable federal, state, and local laws and
regulations, including but not limited to the
following:

1. The operator shall notify the Indio Police
Department of the injury within 24 hours
of the incident.

2. The operator shall give the operator’s name
and current residential address to the
City’s Police Department and shall also
present a valid and unexpired form of
identification issued by the United States
federal government, a state government, or
foreign government.

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3. The operator shall render to any person
injured during the incident reasonable
assistance, including transporting, or
making arrangements for transporting, any
injured person to a physician, surgeon, or
hospital for medical or surgical treatment
if it is apparent that treatment is necessary
or if that transportation is requested by any
injured person.

4. Each failure to report injury to another
person as required by this section shall
constitute a separate violation of this
Chapter.

5. Compliance with this section does not
constitute compliance with any other
reporting requirements or mandatory
duties required under federal, state, or
local laws and regulations. It is the
responsibility of all persons involved in
any operation of a drone, unmanned
aircraft, or small unmanned aircraft to
ensure they are in compliance with all
applicable legal duties that may be
applicable to their role in the operation of
any drone, unmanned aircraft, or small
unmanned aircraft.

R. PROPERTY DAMAGE - Any person who causes
damage to the property of another person while
operating a drone, unmanned aircraft, or small
unmanned aircraft shall comply with all applicable
federal, state, and local laws and regulations,
including but not limited to the following:

1. The operator of the drone, unmanned
aircraft, or small unmanned aircraft shall
immediately locate and notify the owner
or person in charge of the damaged
property; and

2. Provide the owner or person in charge of the
damaged property the full name and

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drone, unmanned aircraft, or small
unmanned aircraft involved; and

3. Upon request, the operator of the drone,
unmanned aircraft, or small unmanned
aircraft shall also present the owner or
person in charge of the damaged property
all of the following applicable
information:
a.The operator’s remote pilot
certificate; or
b. Proof the operator has passed an
aeronautical knowledge and safety
test described in subsection 49
U.S.C. 44809(g); or
c.A valid operation waiver; or
d. Other documentation authorizing
the operation of the drone,
unmanned aircraft, or small
unmanned aircraft involved; and
e.The registration and identification
information of the drone,
unmanned aircraft, or small
unmanned aircraft, involved; and
f. A valid and unexpired form of
identification issued by the United
States federal government, a state
government, or foreign
government.
g. The information presented shall
include the current residence
address of the operator and owner
of the drone, unmanned aircraft, or
small unmanned aircraft involved

4. If the operator of the drone, unmanned
aircraft, or small unmanned aircraft is

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person in charge of the damaged property
they shall leave in a conspicuous place on
the property damaged a written notice
giving the name and address of the
operator and of the owner of the drone,
unmanned aircraft, or small unmanned
aircraft involved and a statement of the
circumstances thereof. The operator must
also provide this information to the City’s
Police Department within 24 hours of the
incident.

5. The operator of the drone, unmanned
aircraft, or small unmanned aircraft shall
take reasonable steps to determine the
value of the damage and if the value of the
damage to the property involved exceeds
$1,000, the operator shall notify the City’s
Police Department within 24 hours of
determining, or being informed of, the
value of the damage.

6. Each failure to report an incident of property
damage as required by this section shall
constitute a separate violation of this
Chapter.

7. Compliance with this section does not
constitute compliance with any other
reporting requirements or mandatory
duties required under federal, state, or
local laws and regulations. It is the
responsibility of all persons involved in
any operation of a drone, unmanned
aircraft, or small unmanned aircraft to
ensure they are in compliance with all
applicable legal duties that may be
applicable to their role in the operation of
any operation of a drone, unmanned
aircraft, or small unmanned aircraft.

S. NO FLY PROCLAMATIONS – The City Manager,
the Chief of Police, the Fire Chief, or their
respective designees may issue “No Fly”

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 89 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 proclamations prohibiting drone, unmanned aircraft,
or small unmanned aircraft operations in the City of
Indio as necessary to protect public safety. No Fly
proclamations shall specify the locations, dates, and
times that drone, unmanned aircraft, or small
unmanned aircraft operations are prohibited and
shall be posted on the City’s website, at City Hall,
and at the Police Department. Operators of drones,
unmanned aircraft, or small unmanned aircraft are
required to verify whether a No Fly proclamation is
in effect prior to initiating drone, unmanned aircraft, or small unmanned aircraft operations. No Fly
proclamations may be imposed citywide or limited
to certain areas and may be in effect for certain
times or for certain dates in their entirety, as
necessary to protect public safety. It is a violation to operate a drone, unmanned aircraft, or small
unmanned aircraft during No Fly hours, or to fail to
immediately cease drone, unmanned aircraft, or
small unmanned aircraft operations after being
notified by law enforcement or an agent of a public
safety agency that a No Fly restriction is in effect.
105.04 Protected Sites.

A. OPERATIONS IN PROTECTED SITES – In
accordance with 14 C.F.R. § 107.45, no person may
operate a drone, unmanned aircraft, or small
unmanned aircraft in prohibited or restricted areas
unless that person has permission from the using or
controlling agency, as appropriate.

1.City Government Buildings. No person
may operate a drone, unmanned aircraft,
or small unmanned aircraft above or
within a 500-foot horizontal distance of
any city government building, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 90 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 b. Is operating in compliance with the
written authorization of the chief
administrator of the building.
c.The remote pilot in command must
have the written authorization in
their physical possession and
readily accessible to present for
inspection, upon the request of any
law enforcement officer, the chief
administrator of the building, City
Manager, or other designated
representative of the City of Indio.

2.City Hall. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of City Hall, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the City
Manager or other designated
representative of the City of Indio.
c.The remote pilot in command must
have the written authorization in
their physical possession and
readily accessible to present for
inspection, upon the request of any
law enforcement officer, the chief
administrator of the building, the
City Manager or the designated
representative of the City of Indio.

3.Courts. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of any courthouse or
courthouse facilities that are operated,
controlled, owned or managed by the State

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 91 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 of California or the Judicial Council of
California, unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
State of California or the Judicial
Council of California.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
State of California or the Judicial
Council of California in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer, Judge or
commissioner of the courthouse, or
the designated representative of the
State of California or the Judicial
Council of California.

4.Jails, Juvenile Hall, and other Custody
facilities. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of any juvenile hall,
jail, prison, or other custody facility,
unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
Riverside County Sheriff’s
Department or the California
Department of Corrections and
Rehabilitation.

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 92 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 c.The remote pilot in command must
have the written authorization of
the Riverside County Sheriff’s
Department or the California
Department of Corrections in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer, or
representative of the of the
Riverside County Sheriff’s
Department or the California
Department of Corrections and
Rehabilitation. (See California
Penal Code § 4577).

5.Police Stations. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any Indio
police station, structure, or facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the Chief
of Police or the designated
representative of the Indio Police
Department.
c.The remote pilot in command must
have the written authorization of
the Chief of Police, or the
designated representative of the
Indio Police Department, in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the Indio Police
Department.

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6.Sheriff Stations. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any Riverside
County Sheriff’s station or structure,
unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
Riverside County Sheriff’s
Department.
c.The remote pilot in command must
have the written authorization of
the Riverside County Sheriff’s
Department in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer or representative of the
Riverside County Sheriff’s
Department.

7.Fire Stations. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any fire station,
structure, or facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the Fire
Department.
c.The remote pilot in command must
have the written authorization of
the Fire Department in their
physical possession and readily

AGENDA ITEM #12.1
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upon the request of any law
enforcement officer, or
representative of the Fire
Department.

8.Schools. No person may operate a drone,
unmanned aircraft, or small unmanned
aircraft above or within a 500-foot
horizontal distance of any school building,
property, or facility unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
principal or superintendent of the
school.
c.The remote pilot in command must
have the written authorization of
the principal or superintendent of
the school in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer, school staff, or
representative of the of the school
or school district.

9.Public Utility Facilities. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a
500-foot horizontal distance of any public
utility facility, including, but not limited
to, any water, sewage, or electric
generating facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 95 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 b. Is operating in compliance with the
written authorization of the public
utility facility.
c.The remote pilot in command must
have the written authorization of
the public utility facility in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the public utility
facility.

10.Communication and Utility Lines. No
person may operate a drone, unmanned
aircraft, or small unmanned aircraft above
or within a 500-foot horizontal distance of
any, cell tower, overhead wire, cable,
conveyor, or similar equipment for the
transmission of sounds, signal, heat, light,
power, utility, or data, within the City,
unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the chief
administrator of the equipment.
c.The remote pilot in command must
have the written authorization of
the chief administrator of the
equipment, in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer, or chief administrator of
the equipment.

11.Religious Institutions. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a

AGENDA ITEM #12.1
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of worship, building, facility, or property
owned, rented or operated by a religious
institution, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
religious institution.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
religious institution in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the religious
institution.

12.Hospitals. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any hospital
building or facility, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
hospital administrator or
authorized representative of the
hospital.
c.The remote pilot in command must
have the written authorization of
the hospital administrator, or
authorized representative of the

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 97 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 hospital, in their physical
possession and readily accessible
to present for inspection, upon the
request of any law enforcement
officer or hospital staff.

13.County Buildings. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a
500-foot horizontal distance of any
building, property, or facilities that are
operated, controlled, owned, or managed
by the County of Riverside, unless:
a.The operation is in compliance with
all applicable federal, state and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
County of Riverside.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
County of Riverside in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or employee of
the County of Riverside.

14.State Buildings. No person may operate a
drone, unmanned aircraft, or small
unmanned aircraft above or within a 500-
foot horizontal distance of any building,
property, or facilities that are operated,
controlled, owned, or managed by the
State of California, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 98 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 b. Is operating in compliance with the
written authorization of the
designated representative of the
State of California.
c.The remote pilot in command must
have the written authorization of
the State of California in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the State of
California.

15.Federal Buildings. No person may
operate a drone, unmanned aircraft, or
small unmanned aircraft above or within a
500-foot horizontal distance of any
building, property, or facilities that are
operated, controlled, owned, or managed
by the United States of America, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the
designated representative of the
United States of America.
c.The remote pilot in command must
have the written authorization of
the designated representative of the
United States of America in their
physical possession and readily
accessible to present for inspection,
upon the request of any law
enforcement officer or
representative of the United States
of America.

16.Special Events. No person may operate a
drone, unmanned aircraft, or small

AGENDA ITEM #12.1
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foot horizontal distance of any Special
Event held in the City, unless:
a.The operation is in compliance with
all applicable federal, state, and
local laws and regulations; and
b. Is operating in compliance with the
written authorization of the City
Manager or their designee.
c.The remote pilot in command must
have the written authorization of
the City Manager or their designee
in their physical possession and
readily accessible to present for
inspection, upon the request of any
law enforcement officer, the City
Manager or their designee.
105.05 Exemptions.

A. In accordance with 14 C.F.R. § 48.15 and 49
U.S.C.A. § 44809, a person may operate a drone or
unmanned aircraft in the City of Indio without
specific certification or operating authority from the
Federal Aviation Administration if the operation
adheres to all of the following limitations:

1. The aircraft weighs 0.55 pounds (250
grams) or less on takeoff, including
everything that is on board or otherwise
attached to the aircraft.

2. The aircraft is flown strictly for recreational
purposes.

3. The aircraft is operated in accordance with
or within the programming of a
community-based organization's set of
safety guidelines that are developed in
coordination with the Federal Aviation
Administration.

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4. The aircraft is flown within the visual line of
sight of the person operating the aircraft or
a visual observer co-located and in direct
communication with the operator.

5. The aircraft is operated in a manner that
does not interfere with and gives way to
any manned aircraft.

6. In Class B, Class C, or Class D airspace or
within the lateral boundaries of the surface
area of Class E airspace designated for an
airport, the operator obtains prior
authorization from the Administrator or
designee before operating and complies
with all airspace restrictions and
prohibitions.

7. In Class G airspace, the aircraft is flown
from the surface to not more than 400 feet
above ground level and complies with all
airspace restrictions and prohibitions.

8. The operator has passed an aeronautical
knowledge and safety test described in
subsection 49 U.S.C. § 44809(g) and
maintains proof of test passage to be made
available to the Administrator or law
enforcement upon request.

B. Drone or unmanned aircraft operations that do not
comply with all of the requirements in of this
section must comply with all federal, state, and
local laws and regulations generally applicable to
drones, unmanned aircraft, and small unmanned
aircraft, including but not limited to registration
requirements, and obtaining operating authority
from the Federal Aviation Administration.

C. The provisions of this Chapter shall not apply to
any drone, unmanned aircraft, or small unmanned
aircraft that is used or operated on behalf of the City or any law enforcement, public safety, or
government agency in compliance with all

AGENDA ITEM #12.1
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regulations.

D. The provisions of this Chapter shall not apply to
any aircraft that is used or operated on behalf of the
Armed Forces of the United States.
105.06 Commercial Operations.

A. In addition to the other requirements of this
Chapter, commercial drone, unmanned aircraft, or
small unmanned aircraft operators must comply
with all applicable federal, state, and local laws and
regulations while operating within the City.

B. A business license must be obtained from the City
before commencing any commercial drone,
unmanned aircraft, or small unmanned aircraft
activities within the City. If commercial drone,
unmanned aircraft, or small unmanned aircraft
activities involve operating in, or passing through,
multiple jurisdictions, the commercial drone,
unmanned aircraft, or small unmanned aircraft
operator is responsible for paying the proportionate
business license fees and taxes due to the City for
the proportion of operations occurring within the
limits of the City and its airspace.

C. Commercial drone, unmanned aircraft, or small
unmanned aircraft operators must submit a request
for approval at least ten (10) business days to the
City before commencing any commercial drone,
unmanned aircraft, or small unmanned aircraft
operations. The request for approval must include
all of the following:

1. The intended flight plan; and

2. The date of the operation; and

3. If the operation will be done during the day
or night; and

4. If the operation will be done over human
beings; and

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5. If the operation will be done over vehicles;
and

6. Any FAA approved operation waiver; and

7. Number of drones, unmanned aircraft, or
small unmanned aircraft; and

8. All required registration, identification and
certification numbers for all drones,
unmanned aircraft, or small unmanned
aircraft being used during the operation;
and

9. The full names of all remote pilots, visual
observers (if used), or persons
manipulating controls (if used); and

10. A copy of all remote pilot certificates for
all remote pilots participating in the
operation.

D. Before approval the remote pilot in command,
visual observer, owner, operator, or person
manipulating the flight controls of a small
unmanned aircraft system must, upon request of the
City, allow any test or inspection of the small
unmanned aircraft system, the remote pilot in
command, the person manipulating the flight
controls of a small unmanned aircraft system, and,
if applicable, the visual observer to determine
compliance with all applicable federal, state, and
local laws and regulations, and this Chapter, in
accordance with 14 C.F.R. § 107.7 and 14 C.F.R. §
107.45.
105.07 Enforcement.

A. Any drone, unmanned aircraft, or small unmanned
aircraft operated in violation of any provision of this Chapter is hereby declared to be a public nuisance.

B. Any unmanned aircraft system, or small unmanned
aircraft system operated in violation of any

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 103 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 provision of this Chapter is hereby declared to be
unlawful and a public nuisance.

C. Any party who engages in a violation of this
Chapter, or who owns, possesses, manages,
controls, operates, or has charge of any drone,
unmanned aircraft, or small unmanned aircraft in
violation of this Chapter, shall be subject to the
penalties and remedies provided by this Chapter.

D. Any violation of this Chapter shall constitute a
separate offense for each and every day the
violation occurs or persists.

E. Any person in violation of any provision of this
Chapter shall be guilty of a misdemeanor and shall
be punishable by a fine of up to $1,000 and by
imprisonment of up to six months in jail.

F. Any person in violation of any provision of this
Chapter shall be punishable by an administrative
fine of up to $1,000 per offense per day.

G. Any intentional injury or property damage caused
while operating a drone, unmanned aircraft, or
small unmanned aircraft, that is otherwise in
compliance with the applicable provisions of this
chapter and all other applicable federal, state, and
local laws and regulations, shall constitute a
violation of this chapter.

H. Any injury or property damage caused while
operating a drone, unmanned aircraft, or small
unmanned aircraft, that is not in compliance with
the applicable provisions of this chapter and all
other applicable federal, state, and local laws and
regulations, shall constitute a violation of this
chapter.

I. Upon any violation of this Chapter, the City
Manager’s Designee, any Emergency Responder, or
any other law enforcement officer (collectively
“Officer”) shall be authorized to use reasonable
force in the course of the lawful performance of
their duties to cause any violating drone, unmanned

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ground. Neither the City, nor the Officers involved,
shall be liable for any damage to a drone, unmanned
aircraft, or small unmanned aircraft caused by an
Officer if such damage was reasonably necessary to
the enforcement of this Chapter. (See California
Penal Code § 402, California Government Codes §
820.2, § 853 and § 853.1)
J. Neither the City, nor any Emergency Responders
involved, shall be liable for any damage to any
drone, unmanned aircraft, or small unmanned
aircraft caused by a Emergency Responder while
performing emergency services if such damage was
reasonably necessary to ensure unhindered
performance of emergency services. (See California
Government Codes § 820.2, § 853 and § 853.1)
K. Any drone, unmanned aircraft, or small unmanned
aircraft found to be operated in violation of this
Chapter may be impounded and held as evidence in
any enforcement proceeding, including a
proceeding brought under this Chapter. Any
impounded drone, unmanned aircraft, or small
unmanned aircraft will be returned at the conclusion
of any enforcement proceeding upon payment to the
City of an impound fee as set forth by separate
resolution.

L. The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any
impounded drone, unmanned aircraft, or small
unmanned aircraft shall be recoverable from the
owner and operator of the drone, unmanned aircraft,
or small unmanned aircraft. Proof of liability for
any forfeiture petition under this Chapter shall be by
a preponderance of the evidence.

M. These penalties and remedies are cumulative, and in
addition to any other penalties and remedies
available to the City.

Section 3. CEQA. The City Council finds that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 105 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 is therefore exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section § 15061 (b)(3) of Title 14 of the California Code of Regulations.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other person or circumstance.

The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

Section 5. The City Clerk shall certify the adoption of this Ordinance and shall cause the
same to be published or posted in the manner prescribed by law.

Section 6. This Ordinance shall go into effect thirty (30) days after its final passage.

PASSED, APPROVED, AND ADOPTED this_________th day
of____________2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Oscar Ortiz, Mayor
ATTEST:
_____________________________________________
Cynthia Hernandez, CMC
City Clerk

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 106 of 138 00090999.1 Ordinance No.1780 Page 1 of 35 APPROVED AS TO FORM:
_____________________________________________
Stephen P. Graham
City Attorney

AGENDA ITEM #12.1
Ordinance No. 1780 , an Ordinance of the City Council of the City of Ind... Page 107 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Resolution No. 10341 adopting the City of Indio Legislative Platform for Fiscal Year 2022-23, and determining that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment

RECOMMENDATION:

Adopt the Resolution No. 10341 approving the City of Indio Legislative Platform for Fiscal Year 2022- 23, and determining that said action qualifies for the common sense exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment

SUMMARY:

The City of Indio Legislative Platform is a summary of locally approved policy statements that provide a framework for the City’s response to the county, state, and federal legislation. It authorizes the Mayor and staff, on behalf of the City of Indio, to contact state and federal representatives to advocate for legislation consistent with the goals of the Legislation Platform. The City of Indio recognizes the need for active legislative engagement at the county, state, and federal levels to protect and enhance the interests of Indio’s residents and businesses. In the City’s continued efforts to proactively and appropriately address legislation that promote City interest and preserve local legislative authority, and in alignment with the City Council’s Strat egic goals and Objectives, staff recommends the Council’s adoption of the City of Indio Legislative Platform for FY 2022-23.

BACKGROUND INFORMATION:

The purpose of the City of Indio Legislative Platform for FY 2022 -23 is to clearly outline the position of the City on priority issues and matters that impact the City's ability to operate effectively while allowing the consideration of additional legislative and budget issues that arise during the legislative session. It publicly states the City's position on the issues it faces, and provides a vehicle whereby its interests can be protected at the county, state, and federal levels. Legislative platforms convey to legislators, policymakers, the public, and the media where City Council stands on important poli cy positions. A legislative platform also allows the City to respond quickly to issues that could directly impact the City, and to reach out to legislators to assist the City in communicating its interests at the county, state, and federal levels.

Council approval of the Legislative Platform will allow the City of Indio to advocate for the county, state, and federal legislation. A platform that is comprehensive and current will enable the City to act AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 108 of 138 quickly when advocacy is needed. The City Manager and/or designated staff within the City Manager's Office will monitor county, state, and federal legislation as directed by the City Council and take appropriate action when required in order to safeguard and/or advance the City's interests.

In cases where a legislative issue is not addressed in the Legislative Platform but impacts the City, staff will return to City Council for direction as necessary. Additionally, if there is a legislative need specific to Indio, staff will identify the item as a possible su bject of legislation to be sponsored by the City of Indio.

Upon the Legislative Platform's adoption, the City Manager's Office will exercise day-to-day oversight of legislative matters. Staff will track and review legislation, as warranted, and will char acterize the City's position with respect to each along the following lines:

• Support: Legislation that the City should support as drafted. • Oppose: Legislation that the City should oppose as drafted. • Oppose unless amended: Legislation the City opposes unless amended. • Watch: Legislation that the City should continue to monitor.

Staff may initiate letters, contact legislative staff, or speak on behalf of the City regarding legislation.

Letters of support/opposition will be signed by the Mayor; if t he Mayor is unavailable, letters will be signed by the Mayor Pro Tem; if both the Mayor and Mayor Pro Tem are unavailable, letters will be signed by the City Manager with notification to City Council.

The City Council will receive from the City Manager's Office updates on legislative activities the City has taken a position on and/or those related to the City's Legislative Platform.

ALTERNATIVES:

1. Direct staff to modify the proposed City of Indio Legislative Platform FY 2022-23.

ATTACHMENTS:

Attachment 1: Resolution No. 10341

APPROVAL(S):

Scott Trujillo, Deputy City Manager Approved - 26 Jan 2023 Steven Graham, City Attorney Approved - 26 Jan 2023
Bryan H. Montgomery, City Manager Approved - 26 Jan 2023

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 109 of 138 1 RESOLUTION NO. 10341

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

CALIFORNIA, APPROVING THE LEGISLATIVE PLATFORM FOR THE
FISCAL YEAR 2022 -23, AND DETERMINING THAT SAID ACTION

QUAILFIES FOR THE COMMON SENSE EXEMPTI ON PURSUANT TO
SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) AS IT CAN BE SEEN WITH CERTAINTY THAT

THERE IS N O POSSIBILITY THA THE ACTIVITY IN QUESTION MAY

HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT

WHEREAS, a City objective is to adopt a legislative platform to strengthen local government and promote the City’s goals;

WHEREAS, it is vital to the fiscal health and autonomy of the City to effectively communicate with the County Supervisors, State Legislator, and Federal Representatives in order to favorably influence State and Federal legislation, regulations, and grant requests;

WHEREAS, the City wishes to be proactive and be involved in the governmental decision-making process directly;

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

Section 1. The above recitals, and each of them, are true and correct.

Section 2. The City Council hereby establishes the “Legislative Platform” set forth in Exhibit A and incorporated herein, as the City’s Legislative Platform for Fiscal Year 2022-23 (“Legislative Platform”).

Section 3. The City Council hereby authorizes the City Manager (through staff designated by the City Manager) to take positions on legislation and/or state and federal regulations, as applicable, that are generally consi stent with the Legisl ative Platform through the form of letters or other written communication and/ or verbal contacts with appropriate state and federal staff. Letters of support and/or letters of opposition are to be signed by the Mayor and if the Mayor is not available, such letters shall be signed by the City Manager with notification to the City Council.

Section 4. The City Clerk shall certify the adoption of this resolution.

/ / /

/ / /

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 110 of 138 2 PASSED, APPROVED AND ADOPTED this 1st day of February, 2023.

_____________________________________

OSCAR ORTIZ, MAYOR

ATTEST:

________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 111 of 138

CITY OF INDIO

LEGISLATIVE PLATFORM
Fiscal Year 2022-23

100 Civic Center Mall
Indio, CA 92201
760.391.4000
www.INDIO.org

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 112 of 138 1 Int roductio n

The Indio Legislative Platform is to intentionally promote the adoption of legislation that will establish thorough public policy for responsible governance. It is intended to clearly outline the priorities of the City to provide unparalleled services to its residents. The positions contained in the Legislative Platform convey to legislators, policymakers, the public, and the media where City Council stands on important policy topics.

This document is intended to be a living reference that can be updated as needed to reflect the current state of City policies.

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 113 of 138 2 1. Fiscal Responsibility

The City of Indio has a fiduciary responsibility to all of its customers to ensure assets and resources are allocated properly and distributed in a manner that is beneficial to the overall financial success of the City. The City will continue to engage and advocate for legislation or ballot measures to prevent the state from borrowing, raiding, or otherwise redirecting local government funds.

Supporting Legislation:

AB-178, AB-179

2. Economic Vibrancy

Economic development is essential to the City, its residents, and all partnering entities. The City continues to evaluate key policy initiatives that will aid in the preservation of unparalleled service to all members of Indio. The city promotes legislation that supports urban development, economic development, housing, land use/planning, and care facilities.

Supporting Legislation:
• Economic Development: AB-2342
• Housing: AB-1206, AB-1695, AB-1933, AB-2651, AB-2873, SB-852, • Land use/planning: AB-916, AB-1445, AB-1551, AB-1743, AB-2011, AB-2094, AB-2234, AB-2244, AB-2334, AB-2339, AB-2625, AB-2653, AB-2668, AB-2798, SB-6, SB-1214, SB-1425 • Care Facilities: AB-1502

3. Community Services
A major priority for the City of Indio is to offer a variety of facilities, programs, services, and open spaces for the community. In order to maintain and enhance this development and programming, the City supports legislation that focuses on improving services and funding for seniors, animal services, arts and culture, children/childcare and youth programs, homelessness, mental and community health, natural disaster preparedness, parks and recreation, and tobacco.

Furthermore, the City opposes action that depletes services and funding sources created to enhance the community's varying needs.

Supporting Legislation:
• Senior Services: AB-895, AB-1855, AB-2164, AB-2511, ACR-115 • Animal Services: AB-1648, AB-1781, SB-879

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 114 of 138 3 • Arts and Culture: SB-963, SB-1116
• Children, Childcare, and Youth Programs: AB-22, AB-58, AB-321, AB-558, AB-1703, AB-1735, AB- 1923, AB-2131, AB-2158, AB-2159, AB-2669, AB-2827, AB-2832, SB-855, SB-941, SB-955, SB-1047, SB-1090, SB-1183
• Homelessness: AB-408, AB-2375, SB-914
• Mental and Community Health: AB -666, AB-738, AB-1929, AB-1957, AB-1982, AB-2242, AB-2275, AB-2365, AB-2521, AB-2526, AB-2626, ACR-29, SB-107, SB-349, SB-872, SB-1035, SB-1165, SB- 1227, SB-1338, SB-1394
• Natural Disaster Preparedness: AB-1568, AB-2645, SB-468 • Parks and Recreation: AB-30, AB-1672, AB-1789, ACR-199 • Tobacco: AB-1742

4. Environmental Quality
The City of Indio is committed to safeguarding the environment for its residents and future generations. With population growth, there is an increased demand for services that have a potential impact on environmental quality. The City will advocate and work towards legislative measures that focus on reasonable efforts to address air quality, climate change, energy and utilities, hazardous material and waste, solid waste and recycling, water, and wildfire and disaster preparedness.

Supporting Legislation:
• Air Quality: AB-1749, AB-2836, SB-1206
• California Environmental Quality Act (CEQA): AB-1642, AB-2965, SB-118 • Climate Change: AB-1279, AB-1384, AB-1757, AB-2251, AB-2278, SB-905 • Energy and Utilities: AB-205, AB-847, AB-2143, AB-2204, AB-2208, AB-2316, SB-379, SB-529, SB- 599, SB-884, SB-887, SB-1063, SB-1075, SB-1109, SB-1112, SB-1158, SB-1174, SB-1208, SB-1383 • Hazardous Material and Waste: AB-1793, AB-1817, AB-2059, AB-2771, SB-502, SB-1076 • Solid Waste and Recycling: AB-351, AB-1765, AB-1857, AB-1985, AB-2374, AB-2440, AB-2481, SB- 45, SB-895, SB-1013, SB-1046, SB-1111, SB-1181, SB-1215 • Water: AB-1164, AB-2108, AB-2142, AB-2505, AB-2895, SB-230, SB-891, SB-1157, SB-1188, SB- 1205, SB-1254, SB-1372, SB-1469
• Wildfire and Disaster Preparedness: AB-1644, AB-1811, AB-2238, SB-896, SB-978

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 115 of 138 4 5. Governance, Transparency, and Labor Relations
Establishing a stable foundation between the City of Indio, constituents, and stakeholders that is based on transparency and open communication is vital to the overall success and longevity of the City. The City is committed to forming and maintaining open lines of communication and establishing strong partnerships throughout the municipality and beyond its boundaries. The City will advocate legislation that preserves local control relating to elections, employee relations, government operations, public employee retirement systems, public meetings, land use and workers’ compensation.

Supporting Legislation:
• Elections: AB-927, AB-1307, AB-1416, AB-1619, AB-1631, AB-2037, AB-2582, AB-2584, AB- 2608, AB-2815, AB-2841, AB-2967, SB-504, SB-1360
• Employee Relations: AB-551, AB-1041, AB-1854, AB-1949, AB-2068, AB-2188, AB-2556, AB- 2693, SB-114, SB-931, SB-951, SB-1044, SB-1058
• Government Operations: AB-35, AB-1775, AB-1851, AB-2959, SB-674, SB-1131, SB-1162, SB- 1214
• Public Employee Retirement System: AB-1722, AB-1824, SB-850, SB-1089, SB-1168, SB-1402 • Public Meetings: AB-2449, AB-2647, SB-1100
• Workers’ Compensation: AB-1751, AB-2148, AB-2848, SB-216, SB-1002, SB-1127

6. Public Safety
A key objective for the City of Indio is to ensure the preservation of a community that is physically safe, free of blight, and prepared for emergencies. With the best interest of the City in mind, the City of Indio will advocate for legislation pertaining to alcoholic beverages, behavioral health, cannabis, crime and sentencing, emergency medical services, firearms, hate crimes and bias, and youth and families. The City opposes any legislation that would jeopardize the safety of its community and residents.

Supporting Legislature:
• Alcoholic Beverages: AB-1734, AB-2301, AB-2307, SB-793 • Behavioral Health: AB-666, AB-988, AB-1394, SB-367, SB-864, SB-1223 • Cannabis: AB-1706, AB-1885, AB-1894, AB-1954, AB-2155, AB-2568, SB-988, SB-1186

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 116 of 138 5 • Crime and Sentencing: AB-547, AB-960, AB-1242, AB-1290, AB-1314, AB-1467, AB-1598, AB- 1613, AB-1628, AB-1636, AB-1637, AB-1641, AB-1653, AB-1661, AB-1663, AB-1663, AB-1681, AB-1682, AB-1700, AB-1732, AB-1740, AB-1744, AB-1788, AB-1899, AB-1904, AB-1924, AB- 1989, AB-2000, AB-2043, AB-2147, AB-2169, AB-2185, AB-2193, AB-2195, AB-2198, AB-2294, AB-2356, AB-2374, AB-2391, AB-2418, AB-2505, AB-2588, AB-2746, AB-2761, AB-2766, AB- 2773, AB-2777, SB-53, SB-277, SB-357, SB-382, SB-467, SB-688, SB-731, SSB-748, SB-836, SB- 858, SB-863, SB-916, SB-925, SB-1034, SB-1087, SB-1472
• Emergency Medical Services: AB-662, AB-2117, AB-2130, AB-2260 • Firearms: AB-228, AB-452, AB-1406, AB-1594, AB-1621, AB-2156,AB-2239, AB-2551, AB-2552, AB-2571, AB-2870, SB-1384
• Hate Crimes and Bias: AB-485, AB-2229, AB-2282
• Youth and Families: AB-256, AB-2028, AB-2085, AB-2137, AB-2274, AB-2644, SB-906, SB-1268

7. Revenue and Taxation
The City of Indio is adamant about operating strong revenue streams and managing essential taxation to run a financially stable city that provides unmatched service to its residents. The City is in support of legislation that promotes ethical sales and use tax, property tax, and tax increment finance. It will continue to work towards maintaining financial stability and ultimately establishing financial autonomy for the future.

Supporting Legislation:
• Sales and Use Tax: AB-2622, AB-2887, SB-1041
• Property Tax: AB-1206, AB-2651, SB-450, SB-989
• Tax Increment Finance: SB-852

8. Transportation, Communications, and Public Works
The City of Indio has a strong focus on providing adequate public transportation for residents as well as innovative services for those with electric vehicle technology. Additionally, the City is committed to advocating for legislature that focuses on alternative fuels, electric vehicles, emissions, and vehicle technology, contracting and public works, infrastructure, transportation, and telecommunications and broadband.

Supporting Legislature:

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 117 of 138 6 • Alternate Fuels, Electric Vehicles. Emissions, and Vehicle Technology: AB-984, AB-1738, AB-1909, AB-1946, AB-2061, AB-2075, AB-2496, AB-2700, SB-1079, SB-1226, SB-1230, SB-1251, SB-1291 • Contracting and Public Works: AB-1037, AB-1632, AB-1851, AB-2173, AB-2463, SB-674, SB-1111, SB-1192, SB-1194, SB-1354
• Infrastructure: AB-512, SB-884, SB-1213
• Transportation: AB-371, AB-1766, AB-1871, AB-1938, AB-2174, AB-2264, AB-2344, AB-2537, AB-2836, AB-2953, AB-2956, SB-922, SB-932, SB-942, SB-1359, SB-1398 • Telecommunications and Broadband: AB-1426, AB-2750, AB-2752, SB-857

AGENDA ITEM #12.2
Resolution No. 10341 adopting the City of Indio Legislative Platform for... Page 118 of 138 City of Indio
City Council
February 1, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Approve Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21 - 12-466), a resolution of the City Council of the City of Indio approving the Tentative Parcel Map for the Indio Self -Storage Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code and adopting the CEQA Initial Study with Mitigated Negative Declaration

RECOMMENDATION:

Approve Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466), a resolution of the City Council of the City of Indio approving the Tentative Parcel Map for the Indio Self -Storage Project pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code and adopting the CEQA Initial Study with Mitigated Negative Declaration.

SUMMARY:

This is a tentative map approval for the Indio Self -Storage Project ("Project"). The Project is located at 81161 Indio Boulevard and occupies approximately 5.14 acres south of Indio Boulevard and 400 feet east of Madison Street. The mapping will be subdividing the aforementioned parcel into two lots.

BACKGROUND INFORMATION:

On November 21, 2022, the Planning Commission conditionally approved Resolution No. 2041 for the development of a storage facility accompanied by an Environmental Assessment (EA 21-12- 563), and recommended the approval of Resolution No. 2043, Tentative Parcel Map No. 38335 (TPM 21-12-466) pursuant to Chapter 156 (Subdivision Regulations) of the Indio Municipal Code on certain real properties located at 81161 Indio Boulevard.

The proposed project occupies approximately 5.14 acres south of Indio Boulevard and 400 feet east of Madison Street. The project is characterized by developed industrial uses in the northwestern portion of the site and disturbed vacant land in the southeastern portion of the site. The property can be identified as Assessor’s Parcel Numbers (APN) 610-030-001 within Section 15, Township 5 South, Range 7 East, San Bernardino Base and Meridian.

The project site is surrounded by industrial uses and vacant land. Specifically, Indio Boulevard is located to the north; developed industrial properties are located to the west; property to the east includes various commercial, automotive, and business operations. One of the neighboring uses includes a residential structure with frontage on Indio Boulevard, and vacant land is located to the south. A single family residential community is located approximately 200 feet south of the project boundary, separated by vacant land.

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 119 of 138

The approximately 5.14-acre project site has been disturbed by development or construction activities. Approximately 3.3 acres of the property are developed with one primary building, accessory metal-frame structures, and associated parking lot and paved areas being utilized for administration, design, and distribution operations by a commercial lighting business. The primary building includes a reception/front desk, lighting showroom, offices, restrooms, and office-related storage areas. Approximately half of the primary building distinctively serves as a warehousing area with commercial pallet racks for boxed commercial lighting products. The tree metal-framed accessory structures also provide storage for various materials associated with the commercial lighting business. The primary driveway access and parking lot are found at the north-end of the property. The remaining southeast portion (approximately 1.84 acres) remains in a vacant and unpaved condition. The vacant yard is characterized by deposits of various abandoned materials from unknown sources, including stockpiles of soil, green waste, and demolished material, as well as vehicle tires, miscellaneous debris, and two parked vehicles in an apparent inoperable condition.

The project proposes to subdivide the 5.14-acre site into two lots. Approximately 3.58 acres of the

5.14-acre project site will be utilized for the proposed project while 1.56 acres will remain as is and is considered Lot 1 and “not a part” of the proposed storage project on Lot 2.

The project proposes the development of five storage buildings and an office building on the project site. Primary access will be located at Indio Boulevard. The proposed office building will be 1,000 square feet, and the proposed storage buildings will be 91,696 square feet, for a total of 92,696 square feet of proposed structures. The project also proposes access roads, hardscape, parking areas, and landscaped areas.

As previously stated, Lot 1 will consist of the northwestern-most portion of the site. The existing building in the northwest portion will remain. No revisions to this building are proposed. Lot 2 will include the remaining property area, which includes an additional structure and disturbed land. The additional structure is currently located south of the northern building and will be demolished, and a new building will be developed in its place.

General Plan 2040

The City of Indio General Plan Update 2040 breaks up land uses into major classes. These classes are Neighborhoods, Centers, Districts, and Public and Institutional (Table 3-2: General Plan Types, City of Indio GPU 2040). The Indio Self Storage Project is located in the District’s major class. The District’s major class has 4 categories, Workplace Employment District (WEP), Festival District (FD), Regional Commercial (RC), and Resource Recovery (RR) (Table 3-2: General Plan Types, City of Indio GPU 2040).

The proposed project is located in the WEP District. The WEP land use designation allows for up to

0.75-floor area ratio (GPU 2040, 3-24). It also requires that block perimeters do not exceed 2,600 feet in length and pedestrian paseos are commended to help facilitate walking and biking to work (GPU 2040, 3-24). In this land use designation, open space is primarily provided through the generous streetscapes and plazas at key gathering areas. The General Plan also states that small to moderate-sized buildings should consolidate or align shared open spaces and larger buildings should provide open space in the form of courtyards (GPU 2040, 3-24). Buildings must be located at or near the sidewalk to shape the streetscape and may not be taller than 3-stories (GPU 2040, 3- 24).

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 120 of 138 The Indio Self Storage project will build 5 storage buildings and 1 office building on the project site.

The proposed usage of this project site is an allowable use within the WEP District designation of the General Plan (GPU 2040, 3-24). All buildings will be one story and will be positioned close to sidewalks, drive aisles, and parking spaces. The proposed site plan has open spaces spread throughout the design and the block perimeter does not exceed 2,600 feet in length. The floor area ratio of each individual building does not exceed the 0.75-floor area ratio outlined in the GPU.

The Indio Self Storage Project is consistent with the land use designations and design standards in the City of Indio’s General Plan 2040.

Zoning Plan

The Indio Self Storage project was deemed complete prior to the October 22, 2022 implementation of the City of Indio’s new updated zoning regulations. Therefore, the Indio Self Storage project will be reviewed under the previously adopted zoning regulations.

The Indio Self Storage Project is located within the Industrial Park (IP) zoning designation under the City of Indio’s previously adopted zoning code. The IP designation is intended to permit more intensive types of industrial operations and facilities (City of Indio Code of Ordinances Section 159.320). The types of permitted operations and facilities included in the IP zoning designation include, but are not limited to:
•Administrative, business, or professional offices;
•Warehousing or storage;
•Mini-storage.

Buildings within the IP designation shall be a minimum of 15 acres, less than 35 feet in height, and they must be 2 stories or fewer (City of Indio Code of Ordinances Section 159.324-5). Buildings in the IP designation must also comply with the following setback requirements (City of Indio Code of Ordinances Section 159.325):

•Minimum center street frontage shall be 100 feet;
•Minimum center depth shall be 200 feet;
•Minimum street frontage setback shall be 20 feet;
•Minimum rear setback shall be twenty feet where abutting a residentially zoned property, otherwise no setback is required;
•Minimum side setback shall be 20 feet where abutting a residentially zoned property, otherwise no setback is required;
•All setbacks shall be landscaped.

The proposed project would operate a self-storage business with onsite administrative offices which is consistent with the permitted uses in the previously adopted City of Indio zoning code (City of Indio Code of Ordinances Section 159.321).

The proposed building designs and overall site plan are consistent with the setback requirements for the IP district. The building elevations and minimum acreage meet the requirements outlined in the IP district zoning code.

The Indio Self Storage Project is consistent with the zoning designations in the City of Indio’s previously adopted zoning regulations.

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 121 of 138 California Environmental Quality Act (CEQA) Determinations

CEQA Initial Study with Mitigated Negative Declaration

The project applicant’s environmental consultant, MSA Consulting, completed an Initial Study with a Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA) to adequately analyze the project’s potential impacts on the environment.

The IS/MND determined that there would be no impact or a less than significant impact on the following topic areas: aesthetics, agricultural and forestry resources, air quality, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/ wa ter quality, land use/ planning, mineral resources, noise, population/housing, public services, recreation, transportation/traffic, tribal cultural resources, utilities/ service systems, wildfire, and mandatory findings of significance (Self - Storage IS/MND, page 8). The IS/MND identified 3 CEQA topic areas that may have a potentially significant impact due to the development of the project. These topic areas are Biological Resources, Geology/ Soils, and Cultural Resources (Self-Storage IS/MND, page 8).

MSA Consulting has developed appropriate mitigation measures to address the potentially significant impacts and with the implementation and adherence to the mitigation measures, the project will have a less than significant impact on Biological Resources, Geol ogy/Soils, and Cultural Resources. The mitigation measures will be listed as a condition of project approval.

Subdivision Map Act

The Subdivision Map Act requires that, prior to any map approval, the City find that the proposed subdivision, together wi th the provisions for its design and improvement of any tentative map or a parcel map is consistent with the general plan. (Government Code Sections 66473.5). The Findings and Conclusion Section addresses the consistency of the proposed parcel division wit h the Subdivision Map Act.

The Indio Municipal Code provides that the City Council shall, upon approval unequivocally or with requirements and conditions upon a tentative map, make the necessary findings as required by the Subdivision Map Act. California Government Code Section 66474 sets forth the findings required for tentative maps that are analyzed below pertaining to the proposed tentative parcel map:

I.The proposed map is consistent with applicable general and specific plans as specified in Section 65451:
a.The proposed project site has a General Plan 2040 land use designation of Workplace and Employment District (WED). The WED land use designation provides an area for a wide variety of employment-generating activity, including office, ind ustrial and light manufacturing, research and development, and supportive commercial.

II.The design or improvement of the proposed subdivision is consistent with applicable general and specific plans:
a.The proposed parcel subdivision will be in conformance with the General Plan land use designation of the WED land use designation, and with the policies and specific actions as described above. This subject property is not within a Specific Plan. Therefore, the proposed parcel subdivision, including any design and improvements, are consistent with the applicable general plan.

III.The site is physically suitable for the type of development:
a.The site is physically suitable for the type of development in keeping with the requirements of the general development standards of the Indio Municipal Code and General Plan 2040. Adequate

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 122 of 138 access and infrastructure exists or provided. Furthermore, the site has no topographical constraints.

Additionally, the project will be conditioned to comply with the Public Works Engineering division comments require frontage improvements along Indio Boulevard. Therefore, as conditioned, it can be determined that the proposed subdivision is physically suitable for the site.

IV.The site is physically suitable for the proposed density of development:
a. The General Plan land use designation WED dictates a floor area ration requirement of up to .075. The construction of the storage buildings and office building will be a suitable development in keeping with the requirements of the general development standards of the Indio Municipal Code and General Plan 2040. Therefore, the site of the proposed subdivision contemplated under Tentative Parcel Map No. 38335 will be physically suitable for the proposed density of development.

V.The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat:
a.The project site is surrounded by industrial uses and heavily disturbed lands there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat. b.A mitigation measure has been adopted for preconstruction surveys to ensure that the construction of the proposed project will have no impact to fish or wildlife.

VI.The design of the subdivision or type of improvements are not likely to cause serious public health problems:
a.The proposed design of the subdivision or type of improvements contemplated by the proposed parcel subdivision is not likely to cause serious public health problems, as adequate sewer and water systems will be available to the two resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed self -storage and office buildings and all proposed uses as allowed by the zoning ordinances that regulate the project site. Accordingly, compliance with the applicable standards for the existing structures and the conditions of approval will prevent the proposed project from being detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

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

Conclusions

Based on the preceding information provide herein this report, staff concludes that the findings set forth in Government Code Section 66474 can affirmatively be made for proposed Tentative Parcel Map No. 38335 (TPM 21 -12-496). The proposed parcel subdivision is consistent with the General Plan as it meets the WED land use designation and the IP zoning designation. The parcel subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the proposed project, and it will not cause substantial environmental da mage or substantially avoidably injure fish, wildlife, or their habitat. The required conditions of approval ensure the proposed project from being detrimental to the public health, safety or welfare and actually protect and promote the public health, safe ty and welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

Public Notice

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 123 of 138

A Notice of Public Hearing was published in the Desert Sun newspaper on January 20, 2022. In addition to the notice of public hearing, City staff mailed the Notice of Public Hearing to all property owners within 300 feet of the subject property on January 10, 2022.

ATTACHMENTS:

Attachment1_Resolution10340_
Attachment2_TPM8335_IndioSelf-StorageTPM

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 26 Jan 2023 Steven Graham, City Attorney Approved - 26 Jan 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 26 Jan 2023 Bryan H. Montgomery, City Manager Approved - 26 Jan 2023

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 124 of 138 RESOLUTION NO. 10340

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38335 (TPM 21-12-466) FOR THE INDIO

SELF-STORAGE PROJECT AND ADOPTING THE CEQA INITIAL STUDY WITH

MITIGATED NEGATIVE DECLARATION

WHEREAS, Commercial Lighting Industries, Inc. 81161 Indio Boulevard, Indio, CA 92201 submitted a tentative parcel map application (Tentative Parcel Map 38335) on November 21, 2021 for the creation of two (2) lots of land from existing Assessor’s Parcel Number (APN) 610-030-001 that is 5.14 acres in size with the municipal limits of the City of Indio; and,

WHEREAS, proposed Commercial Lot No. 1 would be 1.56 acres in size and would include existing developed property and proposed Commercial Lot No. 2 would be

3.58 acres in size and is proposed for non-residential development under a concurrently submitted application; and,

WHEREAS, the applicant concurrently submitted a Design Review application (DR-21-12-496) and Initial Study with Mitigated Negative Declaration (IS/MND) (EA 21- 12-563) for five (5) self -storage buildings, one (1) office building, access roads, hardscape, parking areas, and landscapes areas; and,
WHEREAS, approval of Tentative Parcel Maps 38335 is considered a “project” as defined by the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”); and
WHEREAS, pursuant to CEQA Guidelines Section § 15070 (b)(1) (Decision to Prepare a Negative or Mitigated Negative Declaration) specifies that a public agency shall prepare or have prepared a proposed negative declaration or a mitigated negative declaration for a project subject to CEQA when the initial study identifies potentially significant impacts; and,

WHEREAS, pursuant to CEQA Guidelines Section § 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) an Initial Study with mitigated negative declaration was prepared for the self-storage project; and,

WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) the Initial Study with mitigated negative declaration was circulated for public review from October 11, 2022, to November 11, 2022.

WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) no comments were received pertaining to the IS/MND completed for the project; and,

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 125 of 138

WHEREAS, the Subdivision Map Act also requires that, prior to any map approval, the City must find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map, is consistent with the general plan and any applicable specific plan, and that the site is physically suitable for that type of development and the proposed density, and that the design of the subdivision is not likely to cause serious public health problems, conflict with easements, or cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat (Government Code Section 66473.5); and

WHEREAS, the Tentative Parcel Map is consistent with the General Plan 2040 and meets the land use designation requirements, and is consistent with the requirements outlined in the previously adopted zoning code; and

WHEREAS, the Tentative Parcel Map will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat; and

WHEREAS, the required conditions of approval ensure the Project from being detrimental to the public health, safety, or welfare and actually protect and promote the public health, safety, and welfare, and the conditions prevent material injury to properties or improvements in the vicinity; and

WHEREAS, the Planning Commission recommended the approval to City Council for this Resolution for the Tentative Parcel Map 38335 (TPM 21-12-466) for the Indio Self- Storage Project with the motion vote 5-0 at the November 21, 2022, Planning Commission meeting.

WHEREAS, in accordance with Government Code Section 65090, on January 20, 2022, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, and mailed notices of public hearing to all property owners within the boundaries of the proposed Project; and

WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Resolution for the Tentative Parcel Map 38335 (TPM 21-12-466) for the Indio Self-Storage Project with the motion vote outcome specified in the meeting minutes for the February 1, 2023, City Council meeting.

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

Section 1. Incorporation of Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct, are

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 126 of 138 incorporated into the following findings by reference, and constitute a material part of this Resolution.

Section 2 . Environmental Findings . The City Council has reviewed and considered the information contained in the Initial Study and Mitigated Negative Declaration and administrative record for the Project, including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference, and the City Council finds that:
a. The Project complies with CEQA based on the Initial Study with Mitigated Negative Declaration pursuant to provisions contained in CEQA Guidelines Section 15074. b. The Initial Study and Mitigated Negative Declaration have been completed in compliance with CEQA.
c. All environmental impacts of the Project have been a ddressed and mitigated to a less than significant level.
d. The Project is consistent with the development density established by the previously adopted zoning, and General Plan 2040 policies. e. There are no project -specific effects which are peculiar to the Project or Project Site and which the Initial Study with M itigated Negative Declaration failed to analyze as significant effects because the Property does not contain any peculiar environmental features and would not result in peculiar effects to the surrounding area.
f. There are no significant off -site and/or cumulative impacts which the Initial Study and Mitigated Negative Declaration failed to evaluate.
g. The Project will undertake feasible mitigation measures specified in the Initial Study with Mitigated Negative Declaration through the Project’s conditions of approval.

Section 3 . Map Findings . Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council hereby finds:

a. The Tentative Parcel Map 38335 (TPM 21-12-466) is in compliance with the Subdivision Map Act.

b. The proposed map is consistent with the applicable general and zoning plans in that the Project is proposing to develop a self -storage facility and is consistent with the General Plan 2040 and previously adopted zoning plan.

c. The design or improvement of the proposed subdivision is consiste nt with applicable general and zoning plans in that the proposed parcel subdivision will be in conformance with the General Plan land use designation of the land use designation, and with the policies and specific actions in the previously adopted zoning plan and General Plan 2040.

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d. The site is physically suitable for the type of development in that adequate access and infrastructure exist or will be provided. Furthermore, the site has no topographical constraints. Additionally, the Project will be conditioned to comply with the Public Works division comments requiring frontage improvements along the Indio Boulevard. Therefore, as conditioned, it can be determined that the proposed subdivision is physically suitable for the site.

e. The site is physically suitable for the proposed density of development in that the site designation calls for and is consistent with the General Plan 2040 and the previously adopted zoning plan.

f. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the Project Site is surrounded by heavily disturbed lands and there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage and within the City and provides no fish or significant wildlife habitat.

g. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that adequate sewer and water systems will be available to the two resultant lots. The lots have the necessary infrastructure to adequately serve the proposed buildings and all proposed uses as allowed by the zoning ordinances that regulate the Project Site. Accordingly, compliance with the conditions of approval will prevent the Project from being detrimental to the publi c health, safety or welfare or materially injurious to properties or improvements in the vicinity.

h. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability. The access points to Project have been reviewed and approved by the Fire and Public Works Departments as part of the overall approval of the Project. There are no known public easements traversing the subject site that would be adversely affected by the Project.

Therefore, the parcel subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

Section 4 . Recommendation. Based on the foregoing, the City Council hereby APPROVES Tentative Parcel Maps 38335 (TPM 21-12-466), subject to the conditions of approval contained herein. The Applicant shall demonstrate compliance to ALL conditions

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 128 of 138 of approval, listed in the Resolution. Failure to demonstrate compliance to these conditions of approval may result in the delay of the proposed use or the rescinding of the City of Indio’s project approval. Where the term “Applicant” is used in any condition of approval, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. It is the Applicant’s or Applicant’s successor in interest responsibility to fully comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures:

General Conditions of Approval:

The Applicant shall demonstrate full compliance to the following conditions of approval:

1. In the event of any court action or proceeding challenging the approval of this resolution or otherwise for Tentative Parcel Map 21- 12-07 (Tentative Parcel Map 38335) for the creation of two (2) parcels of land from existing Assessor’s Parcel Number (APN) 610-030-001 that is 5.14 acres in size, the Applicant shall defend, at its own expense, the action or proceeding. In addition, the Applicant shall reimburse the City for the City's cost of defending any such court action or proceeding. The Applicant shall also pay any award of costs, expenses, and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City.

The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event the Applicant fails or refuses to reimburse the City for its cost to defend any challenge, the City shall have the right, among other remedies, to revoke this approval. In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Design Review, the Applicant shall deposit with the City cash or other security in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. The City shall promptly notify the Applicant of any claim, action, or proceeding within the scope of this condition.

2. The Applicant shall cause to be recorded against the subject site these and all related conditions of approval with the Riverside County Recorder.

3. The Applicant shall, within 30 days after approval of this Resolution, submit to the Community Development Director its written consent to all of the conditions of approval contained in this Resolution without amendment.

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4. Mitigation measures shall be incorporated into the development to prevent flooding of the site or downstream properties. These measures shall require 100 percent on-site retention of the incremental increase of runoff from the 100- year storm. In addition, flood protection measures shall comply with California Drainage Law and provide that offsite stormwater flows are received onto the property and discharged from the property in a manner that is reasonably compatible with redevelopment conditions.

The applicant shall separately submit to the Coachella Valley Water District (CVWD) for review of said flood protection measures for compliance with California Drainage Law from a regional valley floor drainage perspective.

5. The project site lies withi n the East Whitewater River Subbasin Area of Benefit.

Groundwater production within the area of benefit is subject to a replenishment assessment in accordance with the State Water Code. Any entity producing more than 25 acre-feet of water during any year f rom one or more wells must equip the well(s) with a water -measuring device. A CVWD Water Production Metering Agreement is required to provide CVWD staff with the authority to regularly read and maintain this water-measuring device.

6. The Sustainable Groundw ater Management Act (SGMA) is a law requiring that groundwater basins are managed to achieve sustainability. In accordance with the SGMA, CVWD submitted the Coachella Valley Water Management Plan as an alternative to a Groundwater Sustainability Plan (Alternative Plan) for the Indio Subbasin. On July 17, 2019, the Department of Water Resources (DWR) sent a notification approving the Alternative Plan. The goal of the Alternative Plan is to reliably meet current and future water demands in a cost -effective and sustainable manner. This development lies within the Indio Subbasin and will contribute to the total water demand in the subbasin. The elements and actions described in the Alternative Plan shall be incorporated into the design, construction, and operati on of this development to reduce its negative impact on the Indio Subbasin.

7. Imperial Irrigation District (IID) will not begin any studies, engineering or estimate costs to provide electrical service to the project until the applicant submits a customer project application (available at http://www.iid.com/home/showdocument?id=12923) and detailed loading information, panel sizes, project schedule and estimated in- service date. Applicant shall bear all costs associated with providing electrical service to the project, including but not limited to the construction of distribution feeder backbone and line extensions, underground conduit systems and upgrades or reconfigurations of existing facilities as well as applicable permits, zoning changes, landscaping (if required by the City) and rights -of-way and easements. However, based on the preliminary information provided to IID, the district can accommodate the project's power requirements by extending distribution backbone lines (conduit and cable) from existing infrastructure to the project site.

8. IID’s ability to provide service from existing infrastructure is based upon current available capacity, which may be impacted by future development in the area. It is important to note that a detailed and final study will be developed once a customer

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 130 of 138 project application and loading calculations are received. This detailed information will allow IID to perform an accurate assessment and provide a full report of any potential impacts and mitigation measures. The conditions of service could change as a result of the additional studies.

9. Underground infrastructure that includes trenching, conduits, pull boxes, switch boxes and pads should be installed at the applicant's expense following IID approved plans and within the public utility easement (PUE) or a dedicated easement, if applicable.

Physical field installation of underground infrastructures should be verified and approved by an IID inspector prior to cable installation as per IID Developer's Guide (available for download at the district website
https://www.iid.com/home/showdocument?id=14229 ).

10. The applicant will be required to provide rights -of-way and easements for power line extensions and/or any other infrastructure needed to serve the project.

11. Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to: surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; wi ll require an encroachment permit, or encroachment agreement (depending on the circumstances). A copy of the IID encroachment permit application and instructions for its completion are available at https://www.iid.com/about - iid/department-directory/real-estate. The IID Real Estate Section should be contacted at (760) 339- 9239 for additional information regarding encroachment permits or agreements.

12. Relocation of existing IID facilities to accommodate the project or to accommodate street widening improvement s imposed by the City will be deemed customer -driven and all costs, as well as securing of rights of way and easements for relocated facilities shall be done by the applicant.

13. Any new, relocated, modified or reconstructed 11D facilities required for and by the project (which can include but is not limited to electrical utility substations, electrical transmission and/or distribution lines, ancillary facilities associated with the conveyance of energy service; the acquisition and dedication of real propert y, rights of way and/or easements for the siting and construction of electrical utility substations, electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service, etc.) need to be included as part of the project's California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any construction and/or modification of 11D facilities until such time as the environmental documentation is amended and environmental impacts are fully mitigated. Any mitigation necessary as a result of the construction, relocation and/or upgrade of 11D facilities is the responsibility of the project proponent.

AGENDA ITEM #13.1
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14. Development will require a water improvement plan showing all proposed water connections.

15. Development will require to connect to existing 12 inch Water mainline on Indio Blvd.

16. Development will require a domestic water meter with back flow assembly.

17. Development will require an irrigation water meter with back flow assembly for landscape.

18. All new meter boxes shall be polymer with 2” radio read port hole per IWA standards.

19. The applicant shall coordinate fire service with Indio Fire Department.

20. The applicant shall complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Standards Ordinance No. 1684.

21. Developer shall submit application forms and pay all applicable fees; per IWA development procedural guidelines.

22. The Owner/Developer's engineer should meet with VSD staff and discuss proposed sewer main connections and requirements prior to design.

23. Generally, the sewer main lateral and connection to the District's sewer main are normally considered private and owned by the Owner(s) of the property. The Owner(s) are responsible for the maintenance and repair of this sewer main lateral.

24. The proposed project will comply with all VSD and other agency standards and requirements.

25. Improvements in the public right of way will require bonding by the Owner/Developer and installation by a licensed underground contractor.

26. The proposed project will be subject to all terms and conditions of the State of California mandated pre-treatment regulations.

27. The proposed project is subject to the local effluent requirements of Valley Sanitary District's (VSD) Resolution 2008-998; local discharge limits, and conformance with the Valley Sanitary District Sewer Use and Construction Ordinance 2010-118.

Prior to Issuance of a Building Permit:

Prior to issuance of any building permit, the applicant shall demonstrate full compliance with the following conditions of approval:

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1. Obtain all required building permits for any and all on-site buildings.

2. Obtain all required utility permits from utility purveyors including but not limited to Indio Water Authority and Valley Sanitary District.

3. Obtain approval from Burrtec for applicable on-site trash and recycling enclosures and routes.

4. Fire Hydrants and Fire Flow: Provide one copy of the water system plans to show there exist fire hydrant(s) capable of delivering the minimum fire flow, per CFC Appendix B Table B105.1, within 400 feet to all portions around the proposed structure. Minimum fire hydrant location and spacing shall comply with the CFC and NFPA 14.

5. Fire Department Access: Provide a site plan for fire apparatus access roads and signage. Access roads shall be provided to within 150 feet to all portions of all buildings and shall have an unobstructed width of not l ess than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 75,000 lbs over two axels for commercial developments (CFC 503.1.1. and 503.2.1 as amended by the City of Indio).

6. Traffic Calming Devices: Requests for installation of traffic calming designs/devices on fire apparatus access roads are prohibited unless submitted and approved by the Office of the Fire Marshal (CFC 503.4.1).

7. Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code, California Fire Code, and related codes, which are in effect at the time of building plan submittal.

8. Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction. (CFC 503.1).

9. Fire Sprinkler Systems: All structures 3,600 square feet or larger, regardless of occupancy type, will be required to install a NFPA 13 fire sprinkler system (CFC 903.2 and NFPA 13) as amended by the City of Indio.

10. Fire Alarm and Detection System: A water flow monitoring system and/or a fire alarm system will be required in all sprinklered buildings (CFC 903.4, CFC 907.2, and NFPA 72)

11. Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal, six feet from grade. All electronically operated gates shall be provided with

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),... Page 133 of 138 Knox key switches and automatic sensors for access. The minimum gate width is 14 feet (CFC 506.1).

12. Commercial Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required.

Commercial buildings less than 25 feet in height require 12 inch numerals (CFC 505.1 and Riverside County Fire Department Standard #07-01).

13. Prior to the issuance of a Building Permit the applicant shall provide VSD with both civil and architectural drawings of the building and site improvements for review and approval.

14. VSD will only issue sewer construction and connection permits after plan approval, the payment of all sewer related fees and the submittal of required documents that will be provided to the Owner/Developer at the time of plan approval.

Prior to Issuance of a Grading Permit:

Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

1. Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:

California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver

*Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division.

2. Applicant shall submit PM10 (Dust Control) implementation plans for City approval.

Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information, contact the:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)

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3. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

4. Applicant shall submit for City approval the following items:

a. Precise grading plans – shall include the street address for each lot and building foot print
b. Rough grading plans
c. Soils report
d. Hydrology Report

5. Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer.

6. Applicant shall use Riverside County Flood Control District standards and submit local on-site and regional hydrology, and hydraulic storm calculations for City review and approval.

7. Applicant shall provide on- site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100- year storm event of 24 -hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that have historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin shall be designed, per Standard Plan No. 130. with a maximum depth of 5 feet (with a one- foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water, and well blow-off water.

8. The design of the project lot pads, street improvements, and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.

9. All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check.

10. Manholes and cleanouts located in paved areas shall be raised to grade and collars and/or traffic rated boxes provided per Valley Sanitary District standards.

Prior to Issuance of a Certificate of Occupancy:

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1. Applicant shall:

a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. Applicant shall provide the City of Indio Public Works Department with a copy of the receipt showing tonnage for the disposal of recyclable concrete and asphalt. c. Dispose of all material removals from the proposed project to an approved disposal site.

2. Applicant shall submit landscape and irrigation plans for City approval.

3. Applicant shall submit for City approval the following items:

a. Streetlight plans

4. Applicant shall make improvements to the south half street of Indio Boulevard along the property frontage. The improvements shall include the construction of driveways, and streetlights along the property frontage.

5. All off-site street improvements including energizing of street lights and installation of irrigation and landscaping along:

Indio Boulevard shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.

6. Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.

7. The proposed access located off of Indio Boulevard shall be a right turn- in and right turn-out only.

8. Applicant shall construct a new driveway per City of Indio Std Plan No. 130. The width shall be 30 feet, applicant is to build 24 feet of the driveway, the other 6 feet to be built when the property to the southeast develops.

9. The minimum curb return radius for public streets shall be: Private Streets R=20 feet.

10. The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.

11. All improvements shall comply with City standards, requirements, and policies. The applicant is required to construct all transition and missing links between existing and proposed improvements.

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12. All overhead utilities less than 92kv, located within the project boundaries, bordering the project, and/or fronting the project shall be undergrounded.

13. Applicant to record an Egress and Ingress reciprocal access easement in favor of Assessor’s Parcel No 610-030-001 prior to the issuance of any building permits.

14. Prior to water service activation, all water infrastructure in the final approved plans must be constructed and must have a Council approved Water Agreement and Easement if applicable.

15. Prior to the issuance of a landscape water meter, the applicant must have a complete set of landscape plans signed and approved by the IWA.

16. Prior to the issuance of a Certificate of Occupancy, the applicant shall install a grease

interceptor approved by the Valley Sanitary District for any and all proposed cooking facilities, or a sand/oil separator for automotive industry units having floor drains. If required and installed, the interceptor/separator shall be maintained as mandated in the District's sewer use ordinance.

SECTION 5. The City Clerk shall certify to the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 1st day of February 2023, by the following vote, to wit:

OSCAR ORTIZ

MAYOR OF THE CITY OF INDIO

ATTEST:

CYNTHIA HERNANDEZ

CITY CLERK

AGENDA ITEM #13.1
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INDIO BOULEVARD
2 PROP. LOT LINE
EX. PROJECT BOUNDARY
& LOT LINE
PROP. LOT LINE
EX. PROJECT

BOUNDARY & R/W
EX. C/L
EX. PROJECT BOUNDARY
& LOT LINE
N 30°51'52" E 349.57'
N 00°04'56" W 343.12'
N 89°50'37" E 225.96'
N 00°02'43" W 195.24'
N 89°50'37" E 353.18'
N 30°49'07" E 82.85'
N 59°03'05" W 450.00'
EX. PROJECT BOUNDARY
& LOT LINE
155,805 SF

3.58 AC. N 59°06'45" W 220.83'
N 30°50'47" E 249.90'
N 59°06'45" W 114.20'
63'
270' 158'
260'
1 68,000 SF

1.56 AC.

EX. PROJECT BOUNDARY
& LOT LINE
PROP. 24' RECIPROCAL

EMERGENCY ACCESS

EASEMENT
N 00°02'11" W

23.31'
24'
1 30'
24'

VAN ACCESSIBLE

PARKINGNOPARKING

INDIO BOULEVARD
BUILDING "A"

STORAGE
BUILDING "B"

STORAGE
BUILDING "D"

STORAGE
BUILDING "E"

STORAGE
OFFICE
BUILDING "C"

STORAGE
TENTATIVE TRACT MAP NO. 38335

DATA TABLE
ASSESSOR'S PARCEL NUMBER:610-030-001
EXHIBIT DATE: DECEMBER 7, 2021
SOURCE OF TOPOGRAPHY:

ADDRESS:

INLAND AERIAL SURVEYS, INC.
7117 ARLINGTON AVENUE, SUITE "A"
RIVERSIDE, CALIFORNIA 92503
DATE OF TOPOGRAPHY:MAY 21, 2021
PUBLIC UTILITY PURVEYORS:

EXISTING ZONING:

PROPOSED ZONING:

EXISTING GENERAL PLAN LAND USE:

PROPOSED GENERAL PLAN LAND USE:

INDUSTRIAL PARK DISTRICT (IP)

INDUSTRIAL PARK DISTRICT (IP)

WORKPLACE EMPLOYMENT DISTRICT
ZONE "X": AREA OF MINIMAL FLOOD HAZARD
FEMA FLOOD ZONE DESIGNATION:

EXHIBIT PREPARER:

ADDRESS:

MSA CONSULTING, INC.
34200 BOB HOPE DRIVE
RANCHO MIRAGE, CALIFORNIA 92270
CONTACT:PAUL DEPALATIS, AICP
TELEPHONE:(760) 320-9811

REVISIONS
NO. DATE
LIQUEFACTION:MODERATE LIQUEFACTION ZONE
NOTES:1.

WORKPLACE EMPLOYMENT DISTRICT

IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA LEGAL DESCRIPTION:

DESCRIPTION
ELECTRIC:

GAS:

TELEPHONE:

WATER:

CABLE:

SEWER:

USA:

PARCEL 1 OF PARCEL MAP NO. 23228 P.M.B. 151/21-23, LOCATED IN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.

THIS MAP INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THE LAND DIVIDER.

IMPERIAL IRRIGATION DISTRICT

SOUTHERN CALIFORNIA GAS COMPANY

FRONTIER COMMUNICATIONS

INDIO WATER AUTHORITY

SPECTRUM

VALLEY SANITARY DISTRICT

UNDERGROUND SERVICE ALERT
(760) 335-3640
(877) 238-0092
(800) 921-8101
(760) 391-4038
(877) 719-3278
(760) 238-5400
(800) 227-2600
TELEPHONE:(951) 687-4252
SCHOOL DISTRICT:DESERT SANDS UNIFIED

APPLICANT /
ADDRESS:

CONTACT:
81161 INDIO BOULEVARD
INDIO, CALIFORNIA 92201

FRANK HALCOVICH
COMMERCIAL LIGHTING INDUSTRIES, INC.

TELEPHONE:

AS SHOWN ON RIVERSIDE COUNTY, CALIFORNIA, FLOOD INSURANCE RATE MAPS, COMMUNITY PANEL MAP NUMBER: 06065C2251H
EFFECTIVE DATE: MARCH 6, 2018
LAND OWNER:

MSA CONSULTING, INC.
> PLANNING > CIVIL ENGINEERING > LAND SURVEYING
34200 Bob Hope Drive, Rancho Mirage, CA 92270
760.320.9811 msaconsultinginc.com
EAST
NORTH
SOUTH
WEST

CENTERLINE

EASEMENT

EXISTING
(E)
(N)
(S)
(W)
C/L
ESMT.

EX.

ABBREVIATIONS

ACREAGE AC

CURB AND GUTTERC&G

ASSESSORS PARCEL NUMBERAPN

E/P EDGE OF PAVEMENT
A.C. ASPHALT CONCRETE
MAX. MAXIMUM

BOUNDARYBNDRY
M.B. MAP BOOK

EXISTING OVERHEAD TELEPHONE

EXISTING SEWER

EXISTING RIGHT OF WAY

PROPOSED CURB

PROPOSED EASEMENT

EXISTING PROJECT BOUNDARY

EXISTING SEWER FORCE MAIN

EXISTING WATER

PROPOSED LOT LINE

PROPOSED RIGHT OF WAY

PROPOSED AND EXISTING CENTER LINE

PROPOSED PROJECT BOUNDARY

EXISTING IRRIGATION

EXISTING GAS

EXISTING EASEMENT

EXISTING ELECTRIC

EXISTING IRRIGATION DRAIN LINE

EXISTING CABLE

EXISTING CONTOURS

EXISTING SPOT ELEVATIONS
LEGEND

XEXISTING EASEMENT DELTA

EXISTING LOT LINE

EXISTING EDGE OF PAVEMENT

EXISTING TELEPHONE
MIN. MINIMUM
NUMBER

PROPOSED

RIGHT OF WAY

TYPICAL
NO.

PROP.

R/W
TYP.

P.U.E. PUBLIC UTILITY EASEMENT

SF SQUARE FEET

RADIUS R
STANDARDSTD.

P/L PROPERTY LINE
N.T.S. NOT TO SCALE

R-L LOW DENSITY (RESIDENTIAL)

UG UNDERGROUND

OVERHEADO/H

OPEN SPACE / PARKSOS/PP
PAGE PG.

LAND DIVIDER.

EXISTING GROSS ACREAGE
LAND USE DESCRIPTION:

5.14 AC.

ACREAGE
PROPOSED COMMERCIAL LOT NO. 11.56 AC.

N.T.S.

VICINITY MAP

CITY OF
INDIO
AVENUE 42 / VARNER ROAD

INDIO BOULEVARD

MADISON STREET

FRED WARING DRIVEBURR STREET

CITY OF

LA QUINTA

CLINTON STREET
INTERSTATE 10
SITE
PROPOSED COMMERCIAL LOT NO. 23.58 AC.

SITE MAP
SCALE: 1" = 80'
1 EXISTING EASEMENT NOTES:

RECORDED 4/14/1989, O.R. (PLOTTED HEREON)
30' EASEMENT FOR INGRESS & EGRESS PER INSTRUMENT NO. 1989-118770, R:\2700\Acad\Planning\Tentative Map\2700 TTM 38335.dwg, 12/7/2021 11:19:09 AM, dgallerani, MSA Consulting, Inc.

EXHBIT "A"

AGENDA ITEM #13.1
Resolution No. 10340 for Tentative Parcel Map No. 38335 (TPM 21-12-466),...Page 138 of 138