Indio City Council
April 19, 2023

AGENDA ITEM #10.9
Receive and File the 2022 Indio Police Department Annual Military Equipm... Page 125 of 180 IndioPoliceDepartmentIndioPDPolicyManual
MilitaryEquipment

2.InseekingtheapprovaloftheMilitaryEquipmentPolicybythegoverningbody,theChiefofPoliceshallsubmitaproposedMilitaryEquipmentPolicyandoranysubsequentamendments,totheCityCouncil.ThepolicyoranyamendmentsshallalsobemadeavailabletothepublicbypostingthosedocumentsontheCityofIndioPoliceDepartmentinternetwebsiteatleast30dayspriortoanypublichearingconcerningthemilitaryequipmentatissue.TheChiefofPoliceshallsubmittheMilitaryEquipmentPolicyannuallytothegoverningbodypursuanttoproceduressetforthinGovernmentCodeSection7071.708.4MILITARYEQUIPMENTUSECONSIDERATIONS1.ThemilitaryequipmentacquiredandauthorizedbytheDepartmentis:a.Necessarybecausethereisnoreasonablealternativethatcanachievethesameobjectiveofofficerandciviliansafety.b.Reasonablycosteffectivecomparedtoavailablealternativesthatcanachievethesameobjectiveofofficerandciviliansafety.2.MilitaryequipmentshallonlybeusedbyaDepartmentemployeeonlyafterapplicabletraining,includinganycourserequiredbytheCommissiononPeaceOfficerStandardsandTraining,hasbeencompleted,unlessexigentcircumstancesarise.708.5ANNUALMILITARYEQUIPMENTREPORT

1.WithinoneyearoftheapprovalofthisMilitaryEquipmentPolicy,theDepartmentshallsubmitamilitaryequipmentreporttotheGoverningBodythataddresseseachtypeofapprovedmilitaryequipment,andannuallythereafterforaslongasthemilitaryequipmentisavailableforusebytheDepartment.2.TheDepartmentshallalsomakeeachannualmilitaryequipmentreportpubliclyavailableonitsinternetwebsiteforaslongasthemilitaryequipmentisavailableforusebytheDepartment.3.Theannualmilitaryequipmentreportshall,ataminimum,includethefollowinginformationfortheimmediatelyprecedingcalendaryearforeachtypeofmilitaryequipment:a.Asummaryofhowthemilitaryequipmentwasusedandthepurposeofitsuse.b.Asummaryofanycomplaintsorconcernsreceivedconcerningthemilitaryequipment.c.Theresultsofanyinternalaudits,anyinformationaboutviolationsofthemilitaryequipmentusepolicy,andanyactionstakeninresponse.d.Thetotalannualcostforeachtypeofmilitaryequipment,includingacquisition,personnel,training,transportation,maintenance,storage,upgrade,andotherongoingcosts,andfromwhatsourcefundswillbeprovidedforthemilitaryequipmentinthecalendaryearfollowingsubmissionoftheannualmilitaryequipmentreport.

MilitaryEquipment-626CopyrightLexipol,LLC202205/19,AllRightsReservedPublishedwithpermissionbyIndiaPoliceDepadment

AGENDA ITEM #10.9
Receive and File the 2022 Indio Police Department Annual Military Equipm... Page 126 of 180 lndioPoliceDepartmentlndioPDPolicyManual
MilitaryEquipment
e.Thequantitypossessedforeachtypeofmilitaryequipment.f.IftheDepartmentintendstoacquireadditionalmilitaryequipmentinthenextyear,thequantitysoughtforeachtypeofmilitaryequipment.4.Within30daysofsubmittingandpubliclyreleasinganannualmilitaryequipmentreport,theDepartmentshallholdatleastonewell-publicizedandconvenientlylocatedcommunityengagementmeeting,atwhichthegeneralpublicmaydiscussandaskquestionsregardingtheannualmilitaryequipmentreportandtheDepartment'sfunding,acquisition,oruseofmilitaryequipment.708.6MILITARYEQUIPMENTINVENTORYINCLUDINGEQUIPMENTTYPEANDUSAGEGUIDELINES1.TheDepartment'sinventoryofqualifyingMilitaryEquipmentissetforthinAttachmentAandincludesthevarioustypes,descriptionsandguidelinesforitsusageincompliancewithGovernmentCodeSection7070(d)inadditiontoguidelinessetforthinparagraph(2)below.2.TheDepartment'sinventoryofmilitaryequipmentisvariedandthemerepossessionoftheequipmentdoesnotwarrantitsuseforeveryincident.TheDepartmentrecognizesthatcriticalincidentsareunpredictableandcanbeverydynamicinnature.Avarietyofmilitaryequipmentoptionscangreatlyassistincidentcommanders,officers,andspecificunitsinbringingthoseincidentstoaswiftresolutioninasafemanner.Theuseofmilitaryequipmentisrestrictedforuseonlyincertaininstancesandinsomecasesonlybycertainunits.Whilethisprocedureiswide-ranging,itisnotall-inclusive.Theremaybeinstanceswhereinunpredictablecriticalincidentsdemandtheneedforincidentcommanderstoauthorizemilitaryequipmenttobeusedinamannernotoutlinedwithinthisprocedure.Inscrutinizingthoseparticularinstances,thejudgmentoftheincidentcommander,influencedbythetotalityofthecircumstances,publicsafety,officersafety,civilrights,andinformationavailableatthetime,willbeused.Itisincumbentuponincidentcommanders,supervisors,individualofficers,andspecificunitstorecognizetheparticularcircumstanceswhereinmilitaryequipmentshouldbeemployedtoenhancethesafetyofthepublicandofficers,andtobringacriticalincidenttoasaferesolution.708.7OVERSIGHTREGARDINGDEPARTMENTCOMPLIANCETheDepartmentSW ATTEAMLieutenant(designatedmilitaryequipmentcoordinator)willensurethatallDepartmentmemberscomplywiththispolicyandanyindividualDepartmentpoliciesasapplicable.TheDepartmentSW ATTEAMLieutenantwillconductanannualauditwiththeassistanceoftheTrainingUnit.TheChiefofPolicewillbenotifiedofanypolicyviolationsand,ifneeded,thevio|ation(s)willbereferredtotheProfessionalStandardsUnitandhandledinaccordancewiththeDepartmentPersonnelComplaintsPolicy.AllinstancesofnoncompliancewillbereportedtoCityCouncilviatheannualmilitaryequipmentreport.

MilitaryEquipment-627CopyrightLexipol.LLC202Z05l19.AllRightsReservedPublishedwithpermissionbyIndiaPoliceDepartment

AGENDA ITEM #10.9
Receive and File the 2022 Indio Police Department Annual Military Equipm... Page 127 of 180 IndioPoliceDepartmentIndioPDPolicyManual
MilitaryEquipment
708.8MILITARYEQUIPMENTCOMPLAINTSANDINQUIRIES

1.AnymemberofthepubliccanregisteraquestionorconcernregardingmilitaryequipmentusebycontactingtheIndioPoliceDepartment'smilitaryequipmentcoordinatorviahttps://wvwv.indio.org/your_government/police/.AresponsetothequestionorconcernshallbecompletedbytheDepartmentinatimelymanner.2.AnymemberofthepubliccansubmitacomplaintregardingmilitaryequipmentusetoanymemberoftheDepartmentandinanyform(i.e.inperson,telephone,email,etc.).Oncethecomplaintisreceived,itwillberoutedtothemilitaryequipmentcoordinatorinaccordancewithourPersonnelComplaintspolicy.Aresponsetothequestionorconcernshallbecompletedbythemilitaryequipmentcoordinatorwithin20businessdaysabsentanyextraordinarycircumstances.708.9FUNDING1.TheDepartmentshallseekcouncilapprovalformilitaryequipment,including,butnotlimitedto,applyingforagrant,solicitingoracceptingprivate,local,state,orfederalfunds,in-kinddonations,orotherdonationsortransfers.2.TheDepartmenthasauthoritytoapplyforfundingpriortoobtainingcouncilapprovalinthecaseofexigentcircumstances.Insuchcases,theDepartmentshallobtaincouncilapprovalassoonaspracticable.708.10MILITARYEQUIPMENTCOORDINATORTheChiefofPoliceshoulddesignateamemberoftheIndioPoliceDepartmenttoactastheMilitaryEquipmentCoordinator.Theresponsibilitiesofthemilitaryequipmentcoordinatorincludebutarenotlimitedto:a.Actingasliaisontothegoverningbody(IndioCityCouncil)formattersrelatedtotherequirementsofthispolicy.b.IdentifyingIndioPoliceDepartmentequipmentthatqualifiesasmilitaryequipmentinthecurrentpossessionoftheIndioPoliceDepartmentorIPDDesertRegionalSW ATTeam,ortheequipmenttheIndioPoliceDepartmentintendstoacquirethatrequiresapprovalbytheIndioCityCouncil.c.Conductinganinventoryofallmilitaryequipmentatleastannually.d.CollaboratingwithanyalliedagencythatmayusemilitaryequipmentwithinthejurisdictionofIndioPoliceDepartment(GovernmentCode§7071).e.Preparingfor,scheduling,andcoordinatingtheannualcommunityengagement MilitaryEquipment-628CopyrightLexipol,LLC2022/05/19,AllRightsReservedPublishedwithpermissionbyIndiaPoliceDepartment

AGENDA ITEM #10.9
Receive and File the 2022 Indio Police Department Annual Military Equipm... Page 128 of 180 lndioPoliceDepartmentlndioPDPolicyManual
MilitaryEquipment
meetingtoinclude:(i)Publicizingthedetailsofthemeeting;(ii)Preparingforpublicquestionsregardingthedepartment'sfunding,acquisition,anduseofequipment. '
f.PreparingtheannualmilitaryequipmentreportforsubmissiontotheChiefofPoliceandensuringthatthereportismadeavailableonthelndioPoliceDepartmentwebsite(GovernmentCode§7072).g.Establishingtheprocedureforapersontoregisteracomplaintorconcern,orhowthatpersonmaysubmitaquestionabouttheuseofatypeofmilitaryequipment,andhowthelndioPoliceDepartmentwillrespondinatimelymanner.708.11COORDINATIONWITHOTHERJURISDICTIONSThroughtheAssociationofRiversideCountyChiefsofPoliceandSheriff's(ARCCOPS)mutualaidagreement,allcitieswithinRiversideCountyhaveagreedtoaccepttheuseofeachlawenforcementagency'sMilitaryEquipmentpolicyrelatedtoanyenforcementactionthroughoutRiversideCounty.MilitaryequipmentusedbyanymemberofthisDepartmentshallbeapprovedforuseandinaccordancewiththisMilitaryEquipmentPolicy.Militaryequipmentusedbyotherjurisdictionsthatareprovidingmutualaidtothisjurisdictionshallcomplywiththeirrespectivemilitaryequipmentusepoliciesinrenderingmutualaid.TheRiversideSheriff'sDepartmentfrequentlyoperatesinthecityoflndioinvariouscapacities.708.12COMMUNITYENGAGEMENTWithin30daysofsubmittingandpubliclyreleasingtheannualmilitaryequipmentreport,theDepartmentshallholdatleastonewell-publicizedandconvenientlylocatedcommunityengagementmeeting,atwhichtheDepartmentmilitaryequipmentcoordinatorshalldiscussthereportandrespondtopublicquestionsregardingtheannualreportandtheDepartment'sfunding,acquisition,oruseofmilitaryequipment.708.13MAINTENANCEOFMILITARYUSESUPPLYLEVELSWhenstocksofmilitaryequipmenthavereachedsignificantlylowlevelsorhavebeenexhausted,theDepartmentmayorderupto10%ofstockinacalendaryearwithoutcitycouncilapprovaltomaintainessentialavailabilityfortheDepartment'sneeds.

MilitaryEquipment-629CopyrightLexipol.LLC2022/05/19,AllRightsReservedPublishedwithpermissionbylndioPoliceDepartment

AGENDA ITEM #10.9
Receive and File the 2022 Indio Police Department Annual Military Equipm... Page 129 of 180 City of Indio
City Council
April 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10349 of the City Council of the City of Indio authorizing the City Manager to execute Agreements with the California Department of Transportation for the City of Indio Clean California Local Grant Program Project

RECOMMENDATION:

Adopt Resolution No. 10349 of the City Council of the City of Indio au thorizing the City Manager to execute Agreements with the California Department of Transportation for the City of Indio Clean California Local Grant Program project.

SUMMARY:

The City is submitting a grant application for the Clean California Local Grant Program. As a part of the application, Resolution No. 10349 is required to show that the City is ready to execute an agreement to accept the grant, if awarded. Resolution No. 1 0349 will authorize the City Manager to execute an agreement with California Department of Transportation (Caltrans), if the City is awarded grant funding from the Clean California Local Grant Program this cycle, and any future cycles that the City may apply.

BACKGROUND INFORMATION:

Caltrans Clean California Local Grant Program (CCLGP) was created to beautify and clean up local streets, tribal lands, parks and other public spaces. It is a highly competitive grant created to meet the following goals

1. Reduce the amount of waste and debris within the public rights-of-way, pathways, parks, transit centers, and other public spaces.

2. Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect.

3. Enhance public health, cultural connections, and community placemaking by improving public spaces for walking and recreation.

4. Advance equity for underserved communities.

This year, the City is submitting an application for the CCLGP to restore Ind io Boulevard between Fred Waring Drive and Requa Avenue to a pedestrian and bicycle friendly corridor. The project will include adding trees, new sidewalks, artistic shade elements, Bigbelly trash and recycling receptacles, and hosting of clean up events.

AGENDA ITEM #10.10
Resolution No. 10349 of the City Council of the City of Indio authorizin... Page 130 of 180 T
Last cycle, the City was successful in receiving a grant award of $4,997,670 for the Jackson Street Beautification Project between Kenner Avenue and Avenue 45. This project also includes new sidewalks, artistic shade structures, Bigbelly trash and rec ycling receptacles, shade trees and clean up events. The project is currently under plan check for the fabrication of the shade structures.

Construction is scheduled to start later this year and all work must be completed by June 2024.

The CCLGP now requires that a Resolution be adopted to authorize the City Manager to execute the funding Agreement with Caltrans as a part of the application. Resolution No. 10349 will meet this requirement of the grant for this cycle and any future cycles for which the City may apply.

ATTACHMENTS:

Attachment 1

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 07 Apr 2023 Steven Graham, City Attorney Approved - 13 Apr 2023
Samantha Lopez, Finance Manager Approved - 13 Apr 2023
Bryan H. Montgomery, City Manager Approved - 13 Apr 2023

AGENDA ITEM #10.10
Resolution No. 10349 of the City Council of the City of Indio authorizin... Page 131 of 180 ATTACHMENT 1
RESOLUTION NO. 10349

AGENDA ITEM #10.10
Resolution No. 10349 of the City Council of the City of Indio authorizin... Page 132 of 180 RESOLUTION NO. 10349

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE CITY OF INDIO CLEAN CALIFORNIA

LOCAL GRANT PROGRAM PROJECTS

WHEREAS, the City is eligible to receive State funding for certain transportation-related work through the California Department of Transportation; and

WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program for this cycle and any future cycles; and

WHEREAS, the City wishes t o delegate authorization to execute these agreements and any amendments thereto;

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

Section 1. Authorize the City Manager to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

PASSED, APPROVED AND ADOPTED 19th of April, 2023.

__________________________

OSCAR ORTIZ, MAYOR

ATTEST:

_____________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

AGENDA ITEM #10.10
Resolution No. 10349 of the City Council of the City of Indio authorizin... Page 133 of 180

APPROVED AS TO FORM:

________________________________

STEVEN GRAHAM, CITY ATTORNEY

AGENDA ITEM #10.10
Resolution No. 10349 of the City Council of the City of Indio authorizin... Page 134 of 180 City of Indio
City Council
April 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Resolution No. 10351, 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 15324 Section to pursuant review environmental further from (Regulations of Working Conditions) of the California Environmental Quality Act

RECOMMENDATION:

Approve Resolution No. 10351, fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) at an equal amount for employees and annu itants, and making a determination that the action is exempt from further environmental review pursuant to Section 15324 (Regulations of Working Conditions) of the California Environmental Quality Act

SUMMARY:

The City of Indio has an existing agreement with the California Public Employees' Retirement System (CalPERS) to provide its health program to active Indio employees and retired annuitants. The CalPERS health program is governed by the Public Employees Med ical and Hospital Care Act (PEMHCA). PEMHCA contains all the rules and regulations that a contracting agency must adhere to and the resolution is the mechanism by which an agency elects to become subject to PEMHCA.

ATTACHMENTS:

CalPersCafeContributionsChangeReso4.19.23

APPROVAL(S):

Steven Graham, City Attorney Approved - 13 Apr 2023
Samantha Lopez, Finance Manager Approved - 13 Apr 2023
Bryan H. Montgomery, City Manager Approved - 13 Apr 2023

AGENDA ITEM #10.11
Resolution No. 10351 , fixing the employer contribution under the Public... Page 135 of 180 Please staple on top of your health resolution(s) or cover letter.

This will ensure that the CalPERS mailroom expedites delivery to our office.

Mail packet to either:

Overnight Mail Service Regular Mail
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
400 Q Street
Sacramento, CA 95811
California Public Employees’ Retirement System
Health Resolutions & Compliance Services, HAMD
PO BOX 942714
Sacramento, CA 94229-2714
HEALTH

RESOLUTION
CalPERS ID # 6664227892
Agency Name City of Indio
Desired Effective Date July 1, 2023

AGENDA ITEM #10.11
Resolution No. 10351 , fixing the employer contribution under the Public... Page 136 of 180 CalPERS Health Resolution (Change), Revised April 2021
RESOLUTION NO. Number

FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT

AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WHEREAS, (1) City of Indio is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (3) Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan up to a maximum of:

Monthly Employer Health ContributionMedical Group
Self Self+1 Self+ Family
010 Executive Group $1900.00 $1900.00 $1900.00
015 Unclassified Management $1900.00 $1900.00 $1900.00
020 Management $1900.00 $1900.00 $1900.00
025 Council-PERS Members $1900.00 $1900.00 $1900.00
030 Police Command Unit $1900.00 $1900.00 $1900.00
045 Fire Fighters Association $1900.00 $1900.00 $1900.00 050 General Unit (ICEA & IWAEA) $1900.00 $1900.00 $1900.00 060 Police Officers Association $1900.00 $1900.00 $1900.00 061 Professional $1900.00 $1900.00 $1900.00
062 Confidential $1900.00 $1900.00 $1900.00
plus administrative fees and Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of Indio has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of Indio shall be subject to determination of its status as an “agency or instrumentality of the state or political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such

AGENDA ITEM #10.11
Resolution No. 10351 , fixing the employer contribution under the Public... Page 137 of 180 CalPERS Health Resolution (Change), Revised April 2021
Section. If it is determined that City of Indio would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint and direct, Andrew Ansoorian to file with the Board a verified copy of this resolution, and to perform on behalf of City of Indio all functions required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on July 1, 2023.

Adopted at a regular meeting of the Indio City Council at Indio, this 19th day of April, 2023.

Signed: _________________________________

OSCAR ORTIZ, MAYOR
Attest: _________________________________

CYNTHIA HERNANDEZ, CMC CITY CLERK

AGENDA ITEM #10.11
Resolution No. 10351 , fixing the employer contribution under the Public... Page 138 of 180 City of Indio
City Council
April 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Andrew Ansoorian, Dir. Of Human Resources & Risk Management Subject: Side letter between the City of Indio and the Police Command Unit Association.

RECOMMENDATION:

Approve April 5, 2023 side letter to accompany the Memorandum of Understanding (MOU) with the Police Command Unit Association (PCU), effective July 1, 2021, through December 31, 2023.

SUMMARY:

With a focus on continually supporting and building an effective Indio Police Department workforce aligned with the City's mission and goals, staff engaged in multiple meet and confer sessions with PCU. The purpose of these meet and confer sessions was to discuss the impacts on PCU members related to the adoption of the new Lieutenant job description and a change in FLSA status from non - exempt to exempt.

BACKGROUND INFORMATION:

In 2022 the City contracted with CPS -HR (public sector HR consultants) to cond uct a job and FLSA analysis for the Lieutenant job classifications. The purpose of this study was to accurately describe the duties, demands, and competencies associated with the job class and to validate the FLSA status.

The findings from the CPS-HR recommended changes to the "minimum qualifications" and a change from non-exempt to exempt status, which have union implications.

The results of these analyses were critical components needed before the Department could effectively conduct a recruitment to fill multiple anticipated openings.

Subsequently, the City expressed interest to meet and confer with the PCU to discuss the job description and FLSA changes and to negotiate their impacts. Staff met with the PCU four times between March-April 2023 and agreed on the following modifications to the current MOU:

1. Change the License/Certificate Requirement on the new Lieutenant job description to:
“Possession of POST Supervisory Certificate or supervisory certification from another State, required by the certifying agency to become a lieutenant or remain a sergeant.

2. Reduce Sergeant and Lieutenant pay grade steps from 9 to 5:

Eliminate steps 1-4
Place employees on the step nearest to a 5% increase.

AGENDA ITEM #10.12
Side letter between the City of Indio and the Police Command Unit Associ... Page 139 of 180 This one-time adjustment does not impact any PCU members’ “Merit date” for the purpose of annual merit increases

It is further agreed that the PCU and the City will form a joint task force to study Sergeant and Lieutenant compensation and benefit competi tiveness within our region. This task force will collaborate to identify comparable agencies within our region using research -based criteria.

The task force will share responsibility for collecting compensation and benefits data that will be reported and analyzed in a transparent manner. The findings will be used by both the PCU and City as a resource in forthcoming labor negotiations

3. Change Lieutenant job class FLSA status to “exempt” pursuant to the analysis conducted by CPS-HR. In turn, Lieutenants are no longer eligible for FLSA or MOU Overtime. However, concert overtime will be considered “Special Circumstances Pay” for exempt employees (Lieutenants) and will be compensated at straight time OT (i.e., 1 for 1 and not time and half).

Modify current MOU language:

Overtime and Compensatory Time Off (CTO)
Provisions 4.4.1-4.4.6 apply only to the position of Police Sergeant. Provision 4.4.7 applies only to the position of Police Lieutenant.

Add new MOU language:

Special Circumstances Pay
Lieutenants occupy an FLSA exempt position and are not eligible for FLSA or MOU overtime pay. However, when pay is funded by revenue sources outside the City (e.g., Coachella and Stagecoach) special compensation shall be paid at straight time as is the practice for all Ci ty of Indio exempt employees.

4. Add: Eighty (80) hours of Administrative Leave Time

Add new MOU language:

Administrative Leave Time
Lieutenants are not eligible for FLSA or MOU overtime; however, it is recognized that they must devote additional time contributions required of exempt employees to meet the operational needs of the Indio Police Department. Subsequently, Lieutenants will b e provided eighty (80) hours per year of Administrative Leave Time. Administrative Leave Time has no cash remuneration value and no more than sixteen (16) hours of leave may be carried over into the next fiscal year. Use of Administrative Leave Time shall be authorized in the same manner as vacation leave.

Lieutenants will have the flexibility to use Administrative Leave Time at their discretion without unduly disrupting normal IPD business. When a Lieutenant chooses to use this time, it is agreed the time will “Count” towards the use of vacation time for the purpose of vacation leave cash out. For example, if a Lieutenant uses (40) hours of Administrative Leave, these hours will “Count” towards the use of Vacation Leave for the purposes of vacation leave cash out.

5. Add: Exempt Staff Work Day Flexibility

Add new MOU language:

Exempt Staff Work Day Flexibility
For Lieutenant only, the daily work hours of an employee may, upon direction from or with the concurrence of the supervisor, be adjusted to accommodate the varying time demands of the activities for which the employee is responsible. For example, upon dire ction from or with the

AGENDA ITEM #10.12
Side letter between the City of Indio and the Police Command Unit Associ... Page 140 of 180 concurrence of the supervisor, an employee may work ten (10) hours one day and six (6) hours the next day or six (6) days one week and four (4) days the following week, or any other variation specifically approved by the supervisor on a case-by-case basis.

6. Change Article 9.5 title to: “Minimum Notice for Shift/Schedule Change for Sergeants”

7. Change Article 9.7 title to: “Shift Rotation for Sergeants”

8. Change Article 4.11 to: “This provision shall be applicable to Police Sergeants andPolice Lieutenants whose regular work shift is completed and who have left the City premises and/or work location.

9. Change Article 4.12 to: “Court time pay provisions shall apply to the Police Sergeant and Police Lieutenant position.

Management employees at the rank of Lieutenant may be ordered by the Chief of Police or designee to work extra hours or to be on standby to meet Department needs with less than a 10 -day notice.* The City does not consider this a change in work schedule due its temporary status c ompared to a regular ongoing work schedule change. In order to compensate the Lieutenants for their availability, the City will provide Administrative Leave Time.

The City agrees that a change in a Lieutenant’s regular work schedule be proceeded by a min imum ten (10) day notice, unless a bona fide emergency exits, which necessitates the waiving of the ten - day notice as determined by the Chief of Police or designee.

This agreement will be effective immediately upon PCU ratification

The one-time cost to implement the salary scale change for the PCU is approximately $69,737, with estimated ongoing overtime savings of $16,000 per year.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$17,434 In current year budget: Yes
Current FY General
Fund Impact:
$17,434 Budget adjustment: No
Next FY Financial
Impact:
$52,302 Strategic Objective: Public Safety
Source of funds: Fund-Org-Object
Reference:

APPROVAL(S):

Steven Graham, City Attorney Approved - 13 Apr 2023
Samantha Lopez, Finance Manager Approved - 13 Apr 2023
Bryan H. Montgomery, City Manager Approved - 13 Apr 2023

AGENDA ITEM #10.12
Side letter between the City of Indio and the Police Command Unit Associ... Page 141 of 180 City of Indio
City Council
April 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: and Indio of City the Agreement License a Approve between Sacher Enterprises, LLC for the use of City Property to conduct a weekly Food Truck Event

RECOMMENDATION:

Approve the License Agreement between the City of Indio and Sacher Enterprises, LLC, for the use of City Property Downtown.

SUMMARY:

The License Agreement allows Sacher Enterprises, LLC to organize, operate, maintain, and manage a weekly Food Truck Event on City Property.

BACKGROUND INFORMATION:

Toni Romero, President of Sacher Enterprises, LLC, originally approached the City in May 2022 to host a weekly food truck event on City property for the community to enjoy. After initial discussions, Toni Romero met with city staff in April 2023 to provide a formal proposal for "Food Truck Fridays" on the City property.

Sacher Enterprises, L LC (Sacher) is an established catering company that expanded to become Coachella Valley's first Food Truck commissary in 1989. As a Category 5 commissary, Sacher Enterprises, LLC located at 83711 Peach Street Indio, CA, provides over 80 food truck operators with a commercial kitchen and storage, meeting the requirements of the Riverside County Environmental Health Department. This allows food trucks and vendors in the Coachella Valley to prepare and store perishable food, empty grease traps, and connect to electrical power overnight.

The Licensee Agreement allows Sacher Enterprises, LLC, to operate and manage the weekly load in and load out of vendors, ADA -accessible and general -use restrooms, and supplies needed to host the "Food Truck Fridays" events on City property initially at Towne St.and Bliss Ave. The Licensee Agreement allows the City to relocate Food Truck Friday to the southeast corner of Rajah Way and Avenue 46 (former Ralph's location). They will also ensure that each vendor has a City of Indio business license and all necessary insurance and maintain a $4 million liability insurance policy for the event. Additionally, each vendor shall have their own $2 million insurance policy.

The proposal by Sacher includes providing all necessary environmental health permits and complying with city regulations and requirements. The Licensee will coordinate with city staff, vendors, and other stakeholders to ensure a successful and safe event for the community.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 142 of 180 The proposal by Sacher for "Food Truck Fridays" on the City property presents an opportunity to bring a popular community event to Indio. The Licensee's experience in managing food truck operations and commitment to complying with city regulations and requirements makes them a suitable partner for this initiative. Staff recommends approval of the Licensing Agreement to move forward with the Food Truck Fridays event, subject to necessary permits, licenses, and insurance requirements being met.

This Agreement will be for one year with an option to four additional one-year terms and Licensee shall deposit $500 as a security deposit.

ATTACHMENTS:

Attachment 1- License Agreement Sacher Enterprises, LLC

APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 13 Apr 2023 Steven Graham, City Attorney Approved - 13 Apr 2023
Samantha Lopez, Finance Manager Approved - 13 Apr 2023
Bryan H. Montgomery, City Manager Approved - 13 Apr 2023

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 143 of 180 1 LICENSE AGREEMENT BETWEEN THE CITY OF

INDIO AND

SACHER ENTERPRISES FOR USE OF CITY PROPERTY

FOR A FOOD TRUCK FRIDAY ON CITY-OWNED PROPERTY

THIS LICENSE AGREEMENT (“Agreement”) is made and entered into as of April 19, 2023 (“Effective Date”), by and between the City of Indio (hereinafter "City"), a California municipal corporation, and SACHER ENTERPRISES, LLC , a Limited Liability Corporation (hereinafter "Licensee").

RECITALS

A. Licensee desires to organize, operate, maintain and manage Food Truck Friday in the City on property owned and maintained by City pursuant to the terms of this Agreement.

B. City desires to allow Licensee to use the City property pursuant to the terms stated in this Agreement.

NOW, THEREFORE, in consideration of the mutual obligations contained herein and for good and valuable consideration, the sufficiency of which is acknowledged by the Parties , City and Licensee agree as follows:

1. License Area. The real property permitted to be used under this Agreement is a portion (“Food Truck Friday Area”) of that certain property located at 45235, 45285 Towne Street and the roadway right-of-way of Bliss Street from Oasis Street to Towne Street in the City of Indio, California (“City Property”). The City Property and Food Truck Friday Area is more particularly described in Exhibit “A-1”, attached hereto and incorporated herein by this reference. The City reserves the right to relocate the Food Truck Friday to an alternate location at any time with a 30 days notice . Licensee’s use of the Food Truck Friday Area shall be in accordance with the Site Plan, attached hereto as Exhibit “A-2” and incorporated herein by this reference. Licensee shall not modify the Site Plan without obtaining prior written approval from the City Manager.

2. Grant of License; Use of License Area. City hereby grants Licensee a revocable license to use the property referenced as the Food Truck Friday Area for the development, organization, operation, maintenance and management of a weekly food truck event. Licensee shall use the Area only for the purpose of operating and maintaining a weekly food truck event at its sole cost and expense and pursuant to the terms and conditions specified in this Agreement, including the Rules and Regulations set forth in Exhibit B (“Food Truck Friday”) and for no other uses whatsoever.

3. Term of License . This Agreement shall be effective from the Effective Date through April 19, 2024 (“Term”), unless terminated earlier. So long as Licensee is not then in default under this Agreement, Licensee may request that the license be renewed and the City Manager is authorized to approve or deny the extension in his sole discretion This Agreement may be renewed for up to four (4) additional one- year terms (each a “Renewed Term"). Each Renewed Term shall commence, if at all, upon the expiration of the immediately preceding Term and end twelve (12) months later. Licensee shall request renewal, if at all, by giving written notice to City of its interest in renewing the Agreement within ninety (90) days prior to expiration of the then- current Term.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 144 of 180 2 4. Period of Use. Licensee shall operate Food Truck Friday between the hours of 5:00 p.m. and 10 :00 p.m. every Friday, except those Fridays which fall on or are adjacent to major holidays, and/or others as determined and agreed to between Licensee and City, or in the event of emergency or disaster in the discretion of the City Manager. The participants and vendors may set up their stalls between the hours of 3 :00 p.m. and 5:00 p.m. and take down between 10:00 p.m. and 11:00 p.m. City reserves the right to periodically review the operation period and hours of operation for Food Truck Friday and limit the season, frequency of events, or hours of operation, in the City Manager’s discretion. Upon appr oval of this agreement, Food Truck Friday shall commence no earlier than May 5, 2023.

5. Security Deposit . Licensee shall deposit with City the sum of five-hundred dollars ($500) as a security deposit (“Security Deposit”). City shall hold the Security Deposit for the faithful performance by Licensee of Licensee’s obligations under this Agreement, including remedying any default in Licensee’s obligations under this Agreement to restore, replace, or return property, improvements, or appurtenances. Within three (3) weeks after the Agreement expires or is earlier terminated, City shall furnish Licensee with an itemized written statement of the basis for, and amount of, the Security Deposit retained and its expenditure, and will return any remaining portion of the Security Deposit to Licensee. No trust relationship between City and Licensee is created on account of the Security Deposit, and City may commingle the Security Deposit with other funds of City.

6. Permits. Licensee shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law, including a City encroachment permit, for the operation of Food Truck Friday.

7. Compliance with Laws and Regulations.

a. Laws. Licensee shall at all times comply with, and shall pay all costs, expenses, penalties and fines which may be incurred or required to be paid in order to comply with, any and all permitting requirements, laws, statutes, labor codes, ordinances, rules and regulations, including any and all laws or regulations relating to hazardous materials, toxic materials, substances or waste, or public health, safety and welfare and the protection of the environment, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., as amended, covenants and restrictions of record, life and fire safety and similar requirements, including those of the State of California, the County of Riverside , City, or other applicable public agency (“Laws”) which apply to the operation and use of Food Truck Friday Area or any portion thereof, including those requiring additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Food Truck Friday Area or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Food Truck Friday Area or any portion thereof, and payment of any fees, charges or assessments arising out of or in any way related to the Food Truck Friday Area or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic's lien to be filed against the Food Truck Friday Area, or any interest of City or Licensee therein, and shall immediately discharge any such lien.

b. Rules and Regulations. Licensee shall, and shall require that all participants and vendors of Food Truck Friday, comply with the Rules and Regulations attached hereto as Exhibit B and incorporated herein by reference.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 145 of 180 3 8. Exercise of Due Care. Licensee shall ensure that Licensee and its participants and vendors, and its and their employees, observe and exercise all necessary caution and discretion so as to avoid personal injuries and property damage.

9. Insurance. Licensee shall obtain and maintain for the duration of this Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with use of the Food Truck Friday Area by Licensee or its invitees, agents, representatives, employees, or subcontractors. The insurance will be obtained from an insurance carrier authorized to do business in the State of California. The insurance carrier is required to have an A.M. Best Rating of not less than "A-VII":
a. Coverages and Limits. Licensee, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager approves a lower amount.

These minimum amounts of coverage will not constitute any limitations or cap on Licensee’ s indemnification obligations under this Agreement.
b. Commercial General Liability Insurance with a minimum $ 4,000,000 limit per occurrence. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. Such insurance shall name the City, its officials, agents, volunteers and employees additional insureds.
c. Automobile Liability Insurance Licensee will have cover age of any and all personal vehicles utilized as part of the Food Truck Friday operation. Such insurance shall have limits required by law.
d. Workers' Compensation and Employer's Liability Insurance . Licensee asserts that she has no employees, however, if e mployees are hired, Licensee shall obtain Workers' Compensation and Employer Liability insurance that complies with State law. Licensee hereby grants to City a waiver of any right to subrogation for injuries covered by the Workers’ Compensation policy and agrees to obtain an endorsement to the policy whereby the insurer waives any such right.
e. Notice of Cancellation. All policies required herein shall be in force during the life of this Agreement and any extensions of it and will not be canceled without at least forty-five (45) days prior written notice to City sent pursuant to the notice provisions of this Agreement. f. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Licensee wi ll furnish certificates of insurance evidencing compliance with the insurance requirements, and the additional insured endorsement to the Commercial General Liability policy.
g. Failure to Maintain Coverage. If Licensee fails to maintain any of these insurance coverages, then City will have the option to declare the Licensee in breach, or may purchase replacement insurance at Licensee’s expense.

10. Hold Harmless. To the extent permitted by law, Licensee, as a material part of the consideration to be rendered by City under this Agreement, shall exercise it privileges hereunder at its own risk and shall indemnify, defend, reimburse and hold harmless City, its officers, officials, employees, agents, representatives, volunteers, and each of them (collectively, “City Parties”), from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind (collectively, “Claims”), arising in any manner out of (a) any injury to or death of any person or damage to or destruction of any property occurring in, on or about the City Property, or any part thereof including the Food Truck Friday Area, whether such injury, death, damage or destruction is caused by the person or property of Licensee, its officers, directors, members, employees, agents, consultants, contractors or

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 146 of 180 4 subcontractors, invitees, guests, or visitors (collectively, “Licensee Parties), relating to any use or activity under this Agreement, (b) any failure by Licensee to faithfully observe or perform any of the terms, covenants or conditions of this Agreement, (c) the use of the Food Truck Friday Area or any activities conducted hereon by Licensee or Licensee P arties, (d) any release or discharge, or threatened release or discharge, of any Hazardous Material caused or allowed by Licensee or Licensee Parties, on, in, under or about the City Property, including the Food Truck Friday Area, or into the environment, or (e) any failure by Licensee to faithfully observe or perform any terms, covenants or conditions of this Agreement; except solely to the extent of Claims resulting directly from the sole negligence or willful misconduct of City or City Parties. In addition to Licensee's obligation to indemnify City, Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claim that actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Licensee by City and continues at all times thereafter. The foregoing indemnity shall include, without limitation, reasonable attorneys', experts’ and consultants' fees and costs, investigation and remediation costs and all other reasonable costs and expenses incurred by City and City Parties , including, without limitation, damages for decrease in the value of the City Property (including the Area) and claims for damages or decreases in the value of adjoining property. Licensee's obligations under this Section shall survive the expiration or other termination of this Agreement.

Neither City nor City Parties shall have liability to Licensee or Licensee Parties as the result of damage or loss to property or injury or death to any such person arising on the Food Truck Friday Area or out of the food truck events conducted on the Food Truck Friday Area, except for damages to Licensee property caused by the sole negligence or willful misconduct of City. The parties intend that damages and/or costs and all other terms implying an amount tied to liability shall include consequential damages. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this Section.

11. Alterations. Licensee shall make no alterations, additions or improvements to the Food Truck Friday Area or any part thereof without prior written approval of City. No stakes or other equipment shall be attached to the City Property, including the Food Truck Friday Area.

12. Maintenance of Premises. Licensee shall keep and maintain the City Property free and clear of any and all trash, refuse, garbage, debris or litter arising from or incidental to its use of the Food Truck Friday Area. Licensee shall keep and maintain the City Property, including the Food Truck Friday Area, in a clean, safe, orderly manner, with clear pedestrian areas. Licensee shall not commit, su ffer or permit any waste to remain on the City Property, including the Food Truck Friday Area. At the end of the market day, Licensee shall require her vendors to remove all trash from the site. Licensee only (not her vendors) will have access to a dumpster in the City Hall parking lot for 4 -5 bags of trash. Licensee is ultimately response to be remove all produce and other market products, debris, rubbish, boxes, booths, stands, structures and materials of any sort resulting from the use of the Food Truck Friday Area and shall leave the City Property, including the Food Truck Friday Area in a clean, safe condition.

13. Traffic Control Plan. Licensee shall be required to obtain an encroachment permit (at no cost) from the City’s Public Works Depart ment for use of the Food Truck Friday Area. In conjunction with such permit, Licensee shall submit a traffic control plan or entry and exit plan to the Food Truck Friday showing ingress, egress, delivery routes, and parking or such other information as required by the Public Works Department (“Traffic Control Plan”). Licensee shall, at its sole costs and expense, ensure compliance with the Traffic Control Plan and other requirements of the encroachment permit throughout the Term of this Agreement. Such Traffic

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 147 of 180 5 Control Plan may be modified from time to time as determined by the City.

14. Vendor List. Licensee shall, on a quarterly basis, submit an updated Vendor List to City for the preceding quarter and estimated future expectations for same.

15. Termination; Suspension. This Agreement may be terminated and the license revoked by the City Manager or Licensee for convenience and with or without cause upon thirty (30) days advance written notice to the other party. Notwithstanding the foregoing to the contrary, City may, in the sole and absolute discretion of the City Manager, terminate or suspend this Agreement on shorter notice as follows:

a. Immediately, City may, in the sole and absolute discretion of the City Manager, terminate this Agreement if (i) Licensee discontinues or abandons operations; (ii) Licensee is adjudged bankrupt or is reorganized under any bankruptcy law; (iii) Licensee fails to keep in force any required insurance policies or bonds; or (iv) Licensee fails to comply with any provision of this Agreement.

b. Immediately, City may, in the sole and absolute discretion of the City Manager, terminate or suspend this Agreement due to emergency circumstances, including due to any health or similar orders by the County and/or State of California, in the sole and absolute discretion of the City Manager.

16. Notice. Notices required hereby shall be deemed to have been fully given when served personally on Licensee or City or when deposited in the United States mail, postage prepaid, and addressed as follows:

To City:

City of Indio, CA
Attention: City Manager
100 Civic Center Mall
Indio, CA 92201

To Licensee:

Toni Romero, President
83711 Peach Street
Indio, CA 92201

17. Independent Contractor . Licensee is an independent contractor and is not an employee of City. Furthermore, City and Licensee are not partners, co -venturers or in a joint enterprise. Wherever the term "Food Truck Friday " is used herein, the term shall mean, be interpreted and include Licensee, its grower members, officers and agents.

18. Subcontracts. No portion of Food Truck Friday or any obligations in this Agreement shall be subcontracted without prior written consent of City. In the event Licensee desires to subcontract some or all of the work or obligations specified in this Agreement, Licensee shall furnish City with the names, qualifications, and experience of the proposed subcontractor. Licensee shall remain fully liable to City for the Food Truck Friday events and responsible for the work or obligations to be handled by any approved subcontractor and shall assure compliance with all requirements of this Agreement.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 148 of 180 6 19. Community Outreach; Signs. City and Licensee are duly responsible for community outreach and publicizing the Food Truck Friday events, including the signage and advertising. All signage and advertising shall be conducted in compliance with City of Indio Municipal Code. City agrees to cooperate with Licensee in strategizing its marketing approach as City deems appropriate. Prior, written approval must be granted by the City for any use of the City logo or any representation that the City is sponsoring the event.

20. Amendment. This Agreement may be amended by a written instrument signed by both parties.

21. Applicable Law and Venue. This Agreement is made, entered into, and shall be performed in the City of Indio, California, and all rights and remedies of the parties hereto shall be construed and enforced in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside.

22. Taxes. Licensee recognizes and understands that it is responsible for the payment of all City, County, State, and Federal taxes required by law.

23. Personal to Licensee. This Agreement and rights granted hereunder are personal to Licensee and may not be transferred in whole or part without the prior written consent of City, which City may withhold in its sole and absolute discretion.

24. Entire Agreement . This Agreement, including all Exhibits (which are hereby incorporated by reference), contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement.

No waiver of any condition in or breach of, and no alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by the waiving party.

25. Miscellaneous. This Agreement shall be deemed to be jointly prepared the parties and any ambiguities or uncertainties herein shall be construed neither for nor against either of the parties. The words "including" and "included," shall be interpreted as though followed by the words "without limitation." The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. The individual executing this Agreement on behalf of Licensee has full power and authority to execute and deliver the Agreement on behalf of Licensee. This Agreement is not intended and shall not be construed to create any third-party benefit. If any action is brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover , and the other party agrees to pay, all attorneys' and other fees and costs fixed by the court.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 149 of 180 7 IN WITNESS WHEREOF, this Agreement is entered into as of the Effective Date.

CITY OF INDIO

Bryan H. Montgomery, City Manager
ATTEST:

Sabdi Sanchez, City Clerk Administrator

APPROVED AS TO FORM:

Steven P. Graham, City Attorney

LICENSEE:

Sacher Enterprises, LLC

Toni Romero, President

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 150 of 180 8 EXHIBIT A-1
Depiction of City Property and FOOD TRUCK FRIDAY Area

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 151 of 180 Food Truck Friday Area
1 I•
,.
. � Parcels
Roads
� Local
0 15 30 45 60 Feet
I I

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 152 of 180 9 EXHIBIT A-2
FOOD TRUCK FRIDAY Site Plan

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 153 of 180 16’ alley
Food TrucksLight towers RestroomsADA Parking Ingress/Egress Exhibit A-2

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr...Page 154 of 180 10 EXHIBIT B
Rules and Regulations for Licensee and Vendors

1. The dumping of wastes and food by product is illegal in storm drains, and is prohibited.

2. Outdoor cleaning of food service equipment shall be within the vendor’s self-contained units as approved by the City.

3. Trash generated from each event shall be removed daily and not left on the premises.

Licensee, not her vendors, shall have access to a dumpster in the City Hall parking lot for a minimal amount of trash.

4. Wastewater from vehicle and equipment washing shall not be discharged into the storm drain system.

5. Any and all Environmental Health Permits required by the County of Riverside’s Environmental Health Division shall be continuously maintained and observed throughout the Term of the Agreement.

6. The Food Truck Friday Area and City Property must be cleaned and all garbage and trash removed. Vendor’s and Food Truck Friday equipment and property must be removed after each Food Truck Friday event.

7. Licensee must install portable toilet facilities as required by the City depending on the expected attendance for the market; the facilities must be installed the day of each event, and removed at the end of that day. The City Manager may provide for an exception in order for the portable toilets to be removed the following morning no later than 9:00 am, reserving the right to rescind that exception with three days’ not ice. The portable toilets must be installed in the location identified in the Licensee’s site plan, unless otherwise directed by the City Manager or Public Works Department . Portable toilets must be locked if left overnight.

8. Licensee shall provide adequate lighting at the Food Truc k Friday area during operating hours.

9. The Traffic Control Plan and t he terms of the City issued encroachment permit shall be complied with at all times during Food Truck Friday events.

10. Event hours shall be clearly posted at all times during the Food Truck Friday events.

11. Entertainment, including all live musical entertainment (i.e. band), d.j., activities such as party games, kids activities, and family activities, etc. , may begin at the event start time and end by 9:00 p.m.

12. A City of Indio or other governmental agency information booth may be permitted, but no political activity shall take place at any Food Truck Friday event.

13. Licensee shall have the event manager present and available at all Food Truck Friday events. The name and contact information for the market manager shall be provided to the City Manager.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 155 of 180 11 14. Vendor fees and selection of vendors for participation in the Food Truck Friday are at the discretion of the Licensee’s manager.

15. Vendors and participants shall comply, and Licensee is responsible for ensuring that such vendors and participants are in compliance, with: (a) any and all requirements for participating in a food truck event (b) any and all Laws as defined in Section 7.a. of the Agreement, (c) insurance requirements set forth in Section 9 of the Agreement, and (d) Licensee’s own rules and regulations.

16. Any and all collateral materials for publicity or advertising which include the City’s logo are subject to prior written approval by the City Manager.

17. Licensee shall provide all equipment, including any generators necessary to supplement electrical power available in the Food Truck Friday Area, necessary for the safe operation of Food Truck Friday.

18. Licensee shall establish a varied mix of food trucks and vendors at the Food Truck Friday to provide a diverse selection of products.

19. Licensee shall receive, process and respond to all City customer concerns related to the operation of Food Truck Friday.

20. Licensee shall ensure that all food vendors who work with any type of grease material have tarps underneath their cooking areas and utilize tarps over their food areas. Licensee shall ensure that all food vendors who have cooking grills, ovens, smokers or broilers that create heat and smoke are not to be placed where the smoke and grease will cause damage to any green space within or adjacent to the Food Truck Friday Area.

21. Licensee, during and after use, shall maintain the Food Truck Friday Area in a safe, sanitary, neat, and tidy condition. Upon the conclusion of the Food Truck Friday , Licensee shall return the Food Truck Friday Area in as good a condition and repair as the property existed prior to the commencement of the Food Truck Friday. The Food Truck Friday Area shall be clean from litter, refuse, rubbish and personal property, all trash barrels shall be emptied and all debris removed from adjacent areas (lawns, planters, landscaping, sidewalks, etc.).

Licensee shall properly dispose of all trash from the Food Truck Friday.

22. Licensee shall cooperate with and allow access to the Food Truck Friday to all representatives of the City and representative of other governmental agencies with jurisdiction over the Food Truck Friday at such times as they determine necessary.

23. Licensee shall provide a safe and healthful environment for vendors and customers by setting and enforcing safety measures at all times before, during, and after events.

Examples include, but are not limited to, taping of all exposed cords, immediately cleaning spills, not blocking curb ramps or any other access ramps at any time before, during or after the event, etc.

AGENDA ITEM #10.13
Approve a License Agreement between the City of Indio and Sacher Enterpr... Page 156 of 180 City of Indio
City Council
April 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: Consideration of Resolution No.10350 that amends the At -Will Employee Resolution (Resolution #10232) to add "Special Circumstances Pay."

RECOMMENDATION:

Adopt Resolution No. 10350

SUMMARY:

Resolution No. 10350 amends the a previous resolution adopted in August of 2021 to include a special circumstances pay provision and also clarifies that the salary tables and benefits to at-will employees may be amended from time to time by the City Council.

BACKGROUND INFORMATION:

Resolution No. 10232 regarding At -Will Employees was adopted by the City Council on August 18, 2021. This resolution did not specifically include a provision for special circumstances pay that is found in the Management, Confi dential and Unrepresented (MCU) Employees compensation and benefit plan - which also applies to at -will employees. Resolution No. 10350 amends the resolution to specifically include a special circumstances pay provision and also clarifies that the salary tables and benefits to at-will employees may be amended from time to time by the City Council. (This typically occurs as part of the annual budget adoption).

Special circumstances pay does occur from time to time for at -will employees that provide service s during the large Festivals, and when extra -ordinary tasks are placed on these employees. A current example is the General Manager of the Indio Water Authority also taking on tasks related to the administration of the East Valley Reclamation Authority (EV RA), along with his other tasks at IWA.

Resolution No. 10350 would authorize the City Manager to approve special circumstances pay.

FINANCIAL SUMMARY:

Current FY Financial
Impact:

To be determined (see below) In current year budget:

Current FY General
Fund Impact:

Budget adjustment:

Next FY Financial
Impact: Strategic Objective:

Source of funds: Fund-Org-Object
Reference:

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 157 of 180

Additional Financial Details:

Some instances of "special circumstances pay" will be reimbursed by the Festivals, FEMA or other outside agencies; some of it may be City funds that are not reimbursed.

ALTERNATIVES:

Not adopt the resolution and leave Resolution #10232 as is.

ATTACHMENTS:

Attachment 1: Resolution 10350 - At Will Employees

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 158 of 180 1 RESOLUTION NO. 10350

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO
AMENDING RESOLUTION 10232 APPROVING COMPENSATION AND

BENEFIT PARAMETERS FOR AT -WILL EMPLOYEES AND

APPROVING REVISIONS TO THE CLASSIFICATION AND

COMPENSATION PLAN

WHEREAS, the City of Indio desires to hire qualified persons to serve as City department heads and in key senior management positions;

WHEREAS, the department heads and senior management positions (collectively "at-will" employees) serve in key organizational leadership roles and have duties as specified and directed by the City Manager;

WHEREAS, these at -will employees have historically served-and continue to serve-at the will of the City Manager and may be separated from the City without cause;

WHEREAS, the City Council adopted Resolution No. 10232 on August 18, 2021 that set forth various terms and conditions relating to at-will employees.

WHEREAS, the City Council desires to amend Resolution No. 10232 to set forth that Exhibits A & B may be amended from time to time, and to include the provision of Special Circumstances Pay.

WHEREAS, the City Council delegates to the City Manager authority to implement compensation and benefits for the at-will employee group as set forth in this amended Resolution.

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

Section 1. City Manager Responsibilities and Authority

A. The City Manager, as chief administrative officer of the City, is authorized pursuant to Section 31.51 of the Indio Municipal Code to appoint, promote, demote and remove any officer and employee of the City, except as otherw ise provided therein.

Furthermore, the City Manager is responsible for attracting and hiring the very best candidates to fill director and senior management positions with the City. Accordingly, to achieve such purpose, the City Council delegates to the Ci ty Manager the responsibility for the administration and implementation of this compensation and benefit plan for at - will employees, hereinafter defined, as long as their employment terms are within the parameters of the provisions of this Resolution.

B. The City Manager has the discretion to provide new at-will employees any combination of compensation and benefits that are within the parameters of this Resolution.

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 159 of 180 2 Section 2. Applicability

The provisions of this Resolution apply to the following classifications employed by the City and referred to as the "at-will" employee group:

Assistant Police Chief
Assistant City Manager/ Director of Finance
Assistant General Manager, Indio Water Authority
Chief Building Official
Chief of Police
City Clerk Administrator
City Engineer
Deputy City Manager
Director of Communications and Marketing
Director of Community Development
Director of Economic Development

Director of Human Resources and Risk Management
Director of Information Technology
Director of Public Works
General Manager, Indio Water Authority

At-will employees shall be referred to in this Resolution as "employee" or "at -will employee." The City Manager has authority to create and add new classifications to the at-will employee group as long as the position has been budgeted or approved by the City Council prior to recruitment and selection.

Section 3. Terms, Conditions and Benefits

A. Duties. At-will employees will perform functions and duties as specified and directed by the City Manager and perform other legally permissible and proper duties and functions, as the City Manager shall from time to time assign.

8. Term of Employment

1. Nothing in any written agreement or job offer shall prevent, limit or otherwise interfere with the right of the City Manager, acting for the City, to terminate the services of any at-will employee at any time, with or without cause, subject only to the severance provisions set forth in Section 3.D. of this Resolution.

2. At-will employees serve at the pleasure of the City Manager and are subject to summary dismissal without any right of hearing, including any Skelly hearing.

3. An at-will employee may resign at any time from their position with the City of Indio, subject only to the provision set forth in Section 3.D.2 of this Resolution.

4. At-will employees, with the prior written approval of the City

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 160 of 180 3 Manager, may undertake outside professional activities for compensation, including consulting, teaching, speaking, and writing provided such activities do not interfere with the employee's normal duties -occur outside normal working hours -or are conducted during vacation or holiday time, and do not involve any existing vendor(s) or contractor(s) of the City. Under no circumstances shall such outside activities create a conflict of interest with the duties of the employee's position or the interests of the City.

C. Suspension. The City Manager may suspend an at-will employee with or without pay and benefits at any time, unless the at-will employee is serving under a Notice of Termination set forth in Section D.1. at which time, the at -will employee shall not be suspended without pay.

D. Termination and Severance Pay

1. Notice of Termination/Severance. If the City Manager desires to terminate an employee without cause, the City Manager shall provide the at-will employee with at least four months prior written notice of the termination date. The amount of notice shall be in the City Manager's discretion. Upon such notice by the City Manager, the at- will employee is expected to perform and continue her/his job until the date of separation.

In lieu of providing the required notice above, the City Manager in his/her discretion may pay the employee severance- severance shall include salary and health benefits -at the rate of up to four (4) months of the employee's then current rate of compensation, only if the employee signs, delivers and does not revoke the General Release Agreement in the form attached hereto as Exhibit C. The minimum amount of severance that may be granted is within the City Manager's discretion. The City Manager may grant severance above the four -month limit with City Council concurrence. In the event that the at -will employee is terminated for cause- cause shall include termination for conviction of a felony, willful misconduct or malfeasance in office, or willful abandonment of duties -the City has no obligation to pay severance.

2. Resignation. In the event the at -will employee voluntarily resigns her/his position with the City, the at-will employee shall use her/his best efforts to give the City Manager thirty (30) days written notice in advance, unless the parties otherwise agree in writing. Upon separation from employment, the employee shall be compensated for all accrued (unused) vacation leave but shall not be entitled to any severance.

E. Salary

1. The salary range for at-will employees is set forth in the Classification and Compensation Plan, attached to this Resolution as Exhibit A , that may be amended from time to time. Salary is paid in the same manner and time as it is paid to other City employees. In addition, a one-time payment of $9,000 shall be paid to at-will employees that are both working for the City as of August 18, 2021, and who have completed one year of service with the City. At-will employees who have not yet completed one year of service but were working as of August 18, 2021, shall receive the one- time payment within 30 days of completion of one year service with the City.

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 161 of 180 4 An annual performance evaluation shall be conducted for each at- will employee on or prior to the employee's anniversary date and may be conducted on any other interval as determined by the City Manager. In conjunction with the evaluation, the City Manager is authorized to adjust the at-will employee's salary as long as: (i) the salary adjustment is within the salary range set forth in the Classification and Compensation Plan; and (ii) the salary adjustment does not exceed a cumulative 10% of the employee's base salary prior to the first adjustment. The time period for the 10% maximum adjustment is one year following the employee's anniversary date.

2. If the City Manager reduces the base salary of an at -will employee by more than five percent (5%), the employee at his or her discretion may claim to be terminated without cause and is eligible for severance as provided for in Section D, unless the reduction is applied in no greater percentage than the average reduction of a majority of all City employees.

3. The Salary placement for individuals upon hire or promotion into an at-will position will be at least the minimum established salary set forth in the Classification and Compensation Plan in effect at the time the individual is hired or promoted.

Placement above the minimum may be made at the discretion of the City Manager.

Placement above the minimum within the salary range shall be considered when the individual appointed or promoted: exceeds the minimum qualification and/or experience of the position; the individual holds specialized certifications, licenses, skills, and/or abilities that would be beneficial to the City; and/or any other job- related factor that the City Manager deems relevant to the posit ion and to the service of the City. In no case may an individual be compensated at a base salary above the approved maximum salary on the Classification and Compensation Plan for that position.

F. Hours of Work. At-will positions are FLSA exempt and not eligible for overtime. It is recognized that at-will employees must devote time outside normal office hours to conduct business of the City. At the discretion of the City Manager, an at -will employee may be provided up to eighty (80) hours per year of Admi nistrative Leave, to be credited on July 1 of each year. Administrative Leave will be prorated if employment begins after July 1. No more than thirty-two (32) hours of Administrative Leave time may be carried over into the next fiscal year . Unused administ rative leave may not be converted to cash nor shall employee be compensated for administrative leave time accrued at the time of employee's separation from the City.

G. Automobile. The City Manager may provide an at -will employee a City vehicle or a monthly automobile allowance in an amount as determined by the City Manager up to a maximum of $500 per month. At -will employees must provide proof of insurance in the amounts of $100,000 per person and $300,000 each occurrence if provided an allowance. The automobile allowance includes reimbursement for an appropriate allocation of vehicle insurance and all other expenses of vehicle ownership, maintenance and operation.

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 162 of 180 5 H. Vacation

1. At-will employees shall accrue and accumulate vacation hours at the rates applicable to MCU employees, as may be amended from time to time by the City Council. For reference and convenience, the current rates are set forth in the chart attached to this Resolution as Exhibit B ("Chart"), that may be amended from time to time. As set forth in the Chart, vacation leave is accrued at the rates listed under "Hours Earned Per Pay Period" as is referred to as the "Accrual Rate" and the maximum vacation accumulation is listed under "Hours Accumulated Per Year" and is referred to as the "Maximum Vacation Accumulation."

2. The starting Accrual Rate for a new at -will employee is at the discretion of the City Manager and shall be based upon their qualifications and/or experience, whether the individual holds specialized certifications, licenses, skills, and/or abilities that would be beneficial to the City, and/or any other job- related factor that the City Manager deems relevant to the position and to the City. The starting Accrual Rate, however, cannot exceed the rates set forth in the most current version of the Chart.

3. The City Manager has discretion to adjust the Accrual Rate and the Maximum Vacation Accumulation for at -will employees based on the employee's performance or other job- related factors that the City Manager deems relevant. Such adjustments may be a one-time adjustment applicable only during the period designated by the City Manager. In no event, however, shall the adjustment exceed the maximum Accrual Rate or Maximum Vacation Accumulation listed in the most current version of the Chart.

4. During the calendar year, at-will employees shall have the option of receiving vacation pay in lieu of paid time off and may "sell back" up to eighty (80) hours of accrued vacation, no more than twice (for a total of 160 hours) in a calendar year. In order to be eligible for the vacation buy-back option, the at-will employee must maintain a minimum balance of forty (40) hours of vacation at the time of the sell-back.

I. Sick Leave. At-will employees shall accrue sick leave in the same manner as MCU employees as further described in the MCU Compensation and Benefit Plan adopted by the City Council. The use of sick leave, including unused accumulated sick leave at the time of the employee's retirement, shall also be provided to at-will employees in the same manner as MCU employees.

J. Other Benefits

1. At-will employees shall be provided with
medical, dental, vision, life insurance and retirement benefits as provided to MCU employees as described in the MCU
Compensation and Benefit Plan as adopted by the City Council.

2. The City shall provide at -will employees a
Flexible Benefits Plan Contribution in the same manner as provided to MCU employees and further described

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 163 of 180 6 in the MCU Compensation and Benefit Plan as adopted by the City Council.

3. The City shall provide at minimum a $50,000 life insurance policy at the City's expense and optional life insurance program benefits at the at-will employee's expense.

4. At-will employee shall be enrolled in City's retirement plan with the California Public Employees' Retirement System (PERS), subject to the applicable benefit formula, terms and conditions provided in the contract between City and PERS and also subject to applicable state law and regulations. At-will employee shall make all member contributions and there shall be no employer-paid member contributions.

5. Eligible at-will employees are entitled to participate in the Retiree Medical Insurance Contribution Program in the same manner as provided to MCU employees and further described in the MCU Compensation and Benefit Plan as adopted by the City Council.

6. At-will employees shall be entitled to the same paid holidays as MCU employees as further described in the MCU Compensation and Benefit Plan as adopted by the City Council.

7. At-will employees that also serve as sworn police officers shall be entitled to "bank" holidays worked during a fiscal year, as approved by the City Manager.

Unused hours shall be forfeited at the end of each fiscal year.

8. At-will employees that also serve as a sworn police officers do not participate in Social Security. Non police officer (non- sworn) at -will employees shall participate in Social Security.

9. At the discretion of the City Manager, at -will employees that also serve as sworn police officers may be eligible to receive POST Certific ate Pay ("Certificate Pay") as follows:

a. Certificate Pay for Advanced Peace Officers Standards and Training at 5% of base pay;

b. Certificate Pay for Advanced and Management Peace
Officers Standards and Training at 10% of base pay.

Certificate Pay will not be awarded until POST grants the Certificate, which will be retroactive to the City Manager's approval date. An employee who qualifies for more than one POST certificate shall receive the higher compensation only (non-cumulative).

10. The City Manager may provide at-will employees with tools such as a cell phone, a lap top computer, or a communication allowance up to $100 per month for purposes of communications with the City Council, City Manager and other City

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 164 of 180 7 employees.

11. The City Manager may pay the dues and subscriptions necessary for the employee's participation in national, regional, state and local associations and organizations necessary and desirable for continued professional growth and advancement and for the good of the City.

12. The City Manager may provide for travel and subsistence expenses for the attendance of the at-will employee at meetings and similar functions necessary for City business, including, but not limited to regional, state and local governmental groups and committees of which the employee is a member as well as short courses, institutes and seminars necessary for the employee's professional development and the good of the City.

13. As provided for in the MCU Compensation and Benefit Plan, the City Manager may provide “Special Circumstances Pay” to an at-will employee. Said pay shall be paid at straight time when an at-will
employee’s normal workload is expanded
above and beyond what is normally required in accordance with their position description. In order to be eligible for compensation based on special circumstances, the at-will employee must have written authorization from the City Manager. Payroll is not authorized to pay any special compensation for FLSA exempt positions without this written authorization. Said “Special Circumstances Pay” is not subject to the limitation provisions found in Section E.2. of this resolution.

Section 4. Other Terms and Conditions of Employment

Except as provided herein, all regulations and rules of the City relating to sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to the at -will employee group in the same manner as they would apply to the MCU employees of the City.

Section 5. Sole Rights

The severance provisions set forth herein constitute the sole and only entitlement of the at-will employee in the event of terminat ion, other than for cause. The Employee expressly waives and relinquishes any and all other rights except as provided herein.

Section 6. Severability

If any provision, or any portion thereof, contained in this resolution is held unconstitutional, invalid or unenforceable, the remainder of this resolution, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

Section 7. Effective Date

This Resolution shall become effective immediately upon its adoption.

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 165 of 180 8 Section 8. Certification

The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 19th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

OSCAR ORTIZ, MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVED AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 166 of 180 9 Exhibit A

At-Will Classification and Compensation Plan

Amended by Resolution No. 10305, adopted June 15, 2022

Pay Periods (pp)
Completed
Hours Earned per
Pay Period
Hours
Accumulated
per Year
1 pp-104 pp 3.08 hours 80 hours
105 pp-182 pp 4.62 hours 120 hours
183 pp -260 pp 5.54 hours 144 hours
261 pp -286 pp 6.15 hours 160 hours
287 pp -312 pp 6.46 hours 168 hours
313 pp-338 pp 6.77 hours 176 hours
339 pp -364 pp 7.08 hours 184 hours
365 pp - 390 pp 7.39 hours 192 hours
391 pp+ 7.69 hours 200 hours

Exhibit B

Vacation Hours Accrual

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 167 of 180 10

AGENDA ITEM #11.1
Consideration of Resolution No.10350 that amends the At-Will Employee Re... Page 168 of 180 City of Indio
City Council
April 19, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Ordinance No. 1793, an urgency ordinance of the City Council of the City of Indio, extending an interim measure imposing a moratorium on the use, construction, establishment or operation of new self -storage facilities, mini - storage facilities and recreatio nal vehicle storage facilities within the City of Indio

RECOMMENDATION:

Approve Ordinance No. 1793, an urgency ordinance of the City Council of the City of Indio, extending an interim measure imposing a moratorium on the use, construction, establishmen t or operation of new self-storage facilities, mini-storage facilities and recreational vehicle storage facilities within the City of Indio

SUMMARY:

Extension of Urgency Ordinance No. 1791 approved by City Council on March 15, 2023

BACKGROUND INFORMATION:

On March 15, 2023, the City Council approved Urgency Ordinance No. 1791 establishing a moratorium that would be immediately in effect for a period of forty-five (45) days, during which no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entitlement or permit, for the use of any land within the City or the construction, establishment or operation of self -storage facilities, mini-storage facilities and recreational vehicle storage facilities. Because the expiration of the statutory 45 -day period will occur prior to the City Cou ncil's May 3, 2023 regular meeting, staff scheduled the required public hearing and associated decision on whether to extend the moratorium for the Council's April 19, 2023 regular meeting.

Ordinance No. 1793 would extend the aforementioned moratorium for up to 10 months and 15 days.

However, at the City Council's March 15 meeting, the Council expressed an interest in a timely and efficient policy making effort if the moratorium was extended. Staff has prepared a work plan that is attached to this staff r eport that proposes an approximately 7 month period for community and stakeholder engagement, policy review and analysis and Planning Commission and City Council study sessions and public hearings.

A public hearing notice was published in the April 9 edition of the Desert Sun, a newspaper of record for the City Council's April 19, 2023 public hearing on this matter.

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 169 of 180 Statutory Authority:

California Government Code Section 65858.a specifies the provisions under which a legislative body can enact a mor atorium on the use, construction, establishment or operation of certain land uses when the legislative body believes there is a threat to the public health, safety and welfare of a community. Specifically this Section states: "Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinanc e prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, th e legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted." The Ci ty is following the statutory process directives for the moratorium inclusive of the passage of an urgency ordinance, conduct of the required public hearing and Council consideration of whether to extend the moratorium by official action.

The City Manag er or designee shall prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later tha n ten (10) days prior to the expiration of this Ordinance. At this time, the Council may consider extending the moratorium for up to a maximum period of 10 months and 15 days. Subsequent to the City Council's March 15 enactment of the moratorium, staff has developed a proposed work plan for community and stakeholder engagement, policy review and analysis and Planning Commission and City Council study sessions and public hearings. The City Manager has directed staff to prioritize the tasks outlined in the proposed work plan in the specified 7-month timeframe.

Planning Commission Recommendation:

On December 12, 2022 Planning Commission requested Community Development Department staff to research and present findings on storage facilities within the City of Indio. As identified by the Commission, these storage facilities include indoor/outdoor mini -storage also known as self -storage or mini -storage facilities and/or indoor/outdoor recreational vehicle (RV) storage facilities. The Commission requested that staff provide information on the current number of permitted storage facilities in the City, the number of facilities that have been entitled but not constructed, the number of inquiries within the last year regarding these types of facilities and the number of facilities bordering the City of Indio in the Cities of Coachella, La Quinta, Palm Desert , and unincorporated Bermuda Dunes.

On January 11, 2023, Community Development Department staff presented as an agendized discussion item to the Planning Commission the results of the requested research. The following is a summary of staff findings:

The presence of fifteen (15) existing and active facilities in the City The total of four (4) pending additional facilities currently going through the City’s land use entitlement approval processes.

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 170 of 180 The total of three (3) facilities that have received land use entitlement approvals and are pending required engineering or building approvals.

The receipt of nine (9) inquiries regarding potential additional storage facilities within the City during 2022.

The current market focus on the City for these types of facilities and the limited number of current facilities outside the City inclusive of two (2) facilities in the City of Coachella, three (3) facilities in the City of La Quinta, three (3) facilities in the City of Palm Desert and one (1) facility in unincorporated Bermuda Dunes.

The limited economic benefit of such facilities in terms of property tax generation, sales tax generation and employment generation.

The current limited supply of light industrial and heavily industrial zoned lands within the City and the potential loss of future economic opportunity for the City thr ough the continued absorption and utilization of this limited land supply for self -storage facilities, mini-storage facilities and recreational vehicle storage facilities

At the conclusion of its discussion on this matter on January 11, the Commission dir ected staff to agendize this topic as an action item for the January 25, 2023 agenda so that it could consider a potential recommendation to the City Council on possible next steps. At the January 11 meeting, the Commission also asked if there was any mark et demand information available. Staff contacted The Rancon Group who is developing a self-storage facility in the City and had offered to provide the City with a copy of its market study (attached). At its January 25 meeting, the Commission did not discuss this item instead directing staff to place it on the action portion of the February 8, 2023 meeting agenda for discussion and potential action.

During the Commission's public discussions regarding these facilities, the Commission received two (2) publi c comments. One speaker, Polo Doria, is with Lee and Associates, a commercial land brokerage firm who encouraged the Commission to not recommend a moratorium. The other speaker was Dan Long, The Rancon Group, who discussed the market forces behind his company's decision to build a facility in the City, but do not specify a viewpoint on potential actions that the Commission could consider.

Staff identified the following options that the Commission could take action on relative to these facilities:

Option 1 - Commission take no actions and no changes are made to current zoning regulations for indoor/outdoor mini-storage (also known as self-storage) facilities and/or indoor/outdoor recreational vehicle (RV) storage facilities within the municipal limits of the City of Indio Option 2 - Commission take no action and direct staff to prepare additional information for future discussion on topics identified by the Planning Commission regarding current zoning regulations for indoor/outdoor self-storage or mini -storage facilities and/or indoor/outdoor recreational vehicle (RV) storage facilities within the municipal limits of the City of Indio Option 3 - Commission recommend to the City Council that there be amendments to the City's Unified Development Code to proh ibit new indoor/outdoor self -storage or mini -storage facilities and/or indoor/outdoor recreational vehicle (RV) storage facilities within the municipal limits of the City of Indio Option 4 - Commission recommend to the City Council that there be amendments to the City's Unified Development Code to Amend to limit the number or location or concentration of indoor/outdoor self - storage or mini -storage facilities and/or indoor/outdoor recreational vehicle (RV) storage facilities within the municipal limits of the City of Indio
Option 5 - Commission recommend to the City Council the adoption of a moratorium consistent with statutory provisions to allow the Council, Commission and staff further time to analyze the regulation of indoor/outdoor mini -storage (also kn own as self -storage) facilities and/or indoor/outdoor

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 171 of 180 recreational vehicle (RV) storage facilities within the municipal limits of the City of Indio while not allowing any new applications for these facilities during the effective period of the moratorium

At the conclusion of its discussion on February 8, the Planning Commission on a 5 -0 motion vote recommended to the City the adoption of a moratorium consistent with statutory provisions.

The Ordinance specifies that self -storage facilities, mini -storage facilities and recreational vehicle storage facilities shall mean any building, equipment, facility or any other type of structure erected, placed, located or maintained that provides for the storage of private and personal real property, vehicles and equi pment. The Urgency Ordinance also specifies that the moratorium shall not be interpreted as affecting the use or operation of any:

• Legally existing self -storage facilities, mini -storage facilities and recreational vehicle storage facilities in the Cityor
• Self-storage facilities, mini-storage facilities and recreational vehicle storage facilities that have not yet been completed but which are subject to:
o A vesting tentative map; or
o Development agreement; or
o For which a building permit has been issued and in good faith reliance on such issuance substantial work has been completed and substantial liabilities incurred.

California Environmental Quality Act (CEQA):

The Community Development Director has determined that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activ ity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.

ATTACHMENTS:

Attachment2_Work Plan for Moratorium Policy Development Attachment1_Ordinance 1793_Extention of Storage Moratorium

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 13 Apr 2023 Steven Graham, City Attorney Approved - 13 Apr 2023
Bryan H. Montgomery, City Manager Approved - 13 Apr 2023

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 172 of 180 Work Plan for Moratorium Policy Development –
Self-Storage/Mini-Storage/Recreational Vehicle
Storage Facilities

ACTION TIMEFRAME
Community Survey May 2023
Community Meeting June 2023
Stakeholder Meeting (Property Owners,
Businesses)
June 2023
Policy Options Review & Analysis July-August 2023
Planning Commission Study Session #1 September 2023
Planning Commission Study Session #2 October 2023
Planning Commission Public Hearing November 2023
City Council Study Session December 2023
City Council Public Hearing/Ordinance
Action*
January 2024

*NOTE: This action will only occur if the City Council decides to move forward with the Planning Commission ’s recommendation at this study session and does not send it back to the Planning Commission for additional review and recommendation (s)

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 173 of 180 1 ORDINANCE NO. 1793

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

CALIFORNIA, EXTENDING AN INTERIM MEASURE IMPOSING A MORATORIUM ON

THE USE, CONSTRUCTION, ESTABLISHMENT OR OPERATION OF NEW SELF -

STORAGE FACILITIES, MINI-STORAGE FACILITIES AND RECREATIONAL VEHICLE

STORAGE FACILITIES WITHIN THE CITY OF INDIO EXCLUDING NON -

COMMERCIAL FACILITIES CONSTRUCTED WHOLELY WITHIN THE BOUNDARIES

OF A LEGALLY OPERATED HOMEOWNERS ASSOCIA TION FOR THE SOLE USE

AND BENEFIT OF THE MEMBERS OF THE HOMEOWNERS ASSOCIATION AND

LAND USE ENTITLEMENT OR BUILDING PERMIT APPLICANTS SPECIFIED HEREIN

AND DEETERMINING THAT THIS ACTION IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSU ANT TO SECTIONS 15060(C)(2) (THE ACTIVITY WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT) AND 15060(C)(3) (THE ACTIVITY IS NOT A PROJECT AS DEFINED IN SECTION 15378) OF THE CEQA GUIDELINES, CALIFORNIA CODE OF REGULATIONS, TITLE 14, CHAPTER 3,

BECAUSE IT HAS NO POTENTIAL FOR RESULTING IN PHYSICAL CHANGE TO THE ENVIRONMENT, DIRECTLY OR INDIRECTLY; AND IT PREVENTS CHANGES IN THE

ENVIRONMENT PENDING THE COMPLETION OF THE CONTEMPLATED MUNICIPAL

CODE REVIEW
WHEREAS, at the regular public meeting on March 15, 2023, the City Council of the City of Indio found that the use, construction, establishment and/or operation of self-storage facilities, mini-storage facilities and recreational vehicle storage facilities would pose a current and immediate threat to the public health, safety or welfare, and therefore adopted Urgency Ordinance No. 1791; and
WHEREAS, pursuant to Government Code Section 65858, Ordinance No. 1791, as an interim urgency ordinance, expires 45 da ys after approval, unless the City Council by a four-fifths vote, after notice has been given pursuant to Government Code 65090 and a public hearing, extends Ordinance No. 1791 for 10 months and 15 days; and WHEREAS, the City Council directs City staff to undertake further study and present its recommendations to the City Council regarding permanent revisions to the City’s regulatory scheme regarding self-storage facilities, mini-storage facilities and recreational vehicle storage facilities, that are consi stent with the City’s General Plan, Planning and Zoning Law, and the provisions of Government Code Section 65858; and WHEREAS, pursuant to the City’s police power, the City Council of the City of Indio has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and
WHEREAS, the City Council is concerned that self-storage facilities, mini -storage facilities and recreational vehicle storage facilities may be incompatible with the use and

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 174 of 180 2 enjoyment of property in the City of Indio and the City Council believes that careful consideration and thorough study of potential regulations is required; and WHEREAS, to address community conc erns regarding the proliferation of self-storage facilities, mini-storage facilities and recreational vehicle storage facilities , it is necessary for the City Council study the potential impacts such uses may have on the public health, safety and welfare; and
WHEREAS, based on the foregoing and those matters determined at the meeting at which this Ordinance is introduced and adopted, the City Council finds the use, construction, establishment and/or operation of self-storage facilities, mini -storage facilities and recreational vehicle storage facilities would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and
WHEREAS, this Ordinance i s an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety and welfare. The facts constituting the urgency are:

1. The City is concer ned with the public nuisance caused by self -storage facilities, mini-storage facilities and recreational vehicle storage facilities, involving the following:

a. The presence of thirteen (13) existing and active facilities in the City b. The total of four (4) pending additional facilities currently going through the City’s land use entitlement approval processes.
c. The total of three (3) facilities that have received land use entitlement approvals and are pending required engineering or building approvals. d. The re ceipt of nine (9) inquiries regarding potential additional storage facilities within the City during 2022.
e. The current market focus on the City for these types of facilities and the limited number of current facilities outside the City inclusive of two (2 ) facilities in the City of Coachella, three (3) facilities in the City of La Quinta, three (3) facilities in the City of Palm Desert and one (1) facility in unincorporated Bermuda Dunes.
f. The limited economic benefit of such facilities in terms of propert y tax generation, sales tax generation and employment generation. g. The current limited supply of light industrial and heavily industrial zoned lands within the City and the potential loss of future economic opportunity for the City through the continued abs orption and utilization of this limited land supply for self-storage facilities, mini-storage facilities and recreational vehicle storage facilities.

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 175 of 180 3 2. The City Council desires to investigate and study the impacts of self -storage facilities, mini-storage facilities and recreational vehicle storage facilities; and

3. Absent the adoption of this Ordinance, the use, construction, establishment or operation of self -storage facilities, mini -storage facilities and recreational vehicle storage facilities in the City may pose a serious threat to public health and safety, introducing incompatible land uses to existing neighborhoods or in close proximity thereto; and

4. Absent the adoption of this Ordinance, the number and location of self -storage facilities, mini -storage facilities and recreational vehicle storage facilities may increase the burden upon City services; and

5. As a result, it is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of self -storage facilities, mini-storage facilities and recreational vehicle storage facilities in the City, pending completion of the City's study of the potential impacts; and

6. In addition, it is necessary to prohibit, as a public nuisance, the use of any structure for self -storage facilities, mini -storage facilities and recreational vehicle storage facilities for the duration of this Ordinance, or any extension thereof.

WHEREAS, the City Council determines, by at least a four -fifths (4/5) vote, that th e extension of the moratorium is a matter of City -wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.

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

Section 1. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.

Section 2. INCORPORATION.

The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 176 of 180 4 by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Governmen t Code. Accordingly, this Ordinance shall become effective immediately upon adoption.

Section 3. DIRECTION.

It is necessary to extend for 10 months and 15 days the moratorium established by Ordinance No. 1791 pending completion of the City's study of the potential impacts and regulation of such structures and uses, and possible amendments to the City's zoning ordinance and related provisions of the Indio Municipal Code to ensure that adequate development standards and implementation regulations are in effe ct prior to permitting such structures and uses within the City of Indio. To that end, the City Manager is directed to analyze the matter, including but not limited to, the desirability of such structures and uses, the appropriateness and effectiveness of separation requirements from adjacent sensitive land uses, and the extent of adequate development standards and regulatory controls, should such structures and uses be deemed appropriate.

For purposes of this Ord inance, self -storage facilities, mini -storage facilities and recreational vehicle storage facilities shall mean any building, equipment, facility or any other type of structure erected, placed, located or maintained that provides for the storage of private and personal real property, vehicles and equipment.

This moratorium shall not be interpreted as affecting the use or operation of any:

1. Legally existing self -storage facilities, mini -storage facilities and recreational vehicle storage facilities in the City; or

2. Self-storage facilities, mini-storage facilities and recreational vehicle storage facilities that have not yet been completed but which are subject to:
a. A vesting tentative map; or
b. Development agreement; or
c. For which a building permit has been issued and in good faith reliance on such issuance substantial work has been completed and substantial liabilities incurred.

3. New self -storage facilities, mini -storage facilities and recreational vehicle storage facilities that will be constructed wholly within t he boundaries of a legally operated Homeowners Association, will be used only and solely for the benefit of the members of the Homeowners Association and will not at any time be rented or otherwise made available to non-members of the Homeowners Association.

Those facilities for which a land use application was previousl y submitted and deemed complete consisting of the following:

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 177 of 180 5 Extra Space Storage 82815 Avenue 42
Cruising Cones LLC Assessor Parcel No. 612-110-041
Indio Palms RV Storage 45755 Commerce Street
Indio Self Storage Assessor Parcel No. 610-030-001
Ranch RR And Self Storage 83734 Dr. Carreon Boulevard
West Coast Storage Facilities Assessor Parcel No. 612-130-008 Indio RV Storage 611-410-065, 066, 067, 068, 070, 071, 072, 075 Section 4. MORATORIUM EXTENDED.

In accordance with the authority granted to the City of Indio by California Government Code Section 65858 and for the reasons set forth herein above and Urgency Ordinance No. 1791, the moratorium established by Ordinance No. 1791 is here by extended for an additional 10 months and 15 days, and no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entit lement or permit, for the use of any land within the City or the construction, establishment or operation of self -storage facilities, mini-storage facilities and recreational vehicle storage facilities For the period of this Ordinance, or any extension the reof, a self -storage facilities, mini -storage facilities and recreational vehicle storage facilities shall be considered a prohibited use in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment authorizing the use of any land within the City as self -storage facilities, mini -storage facilities and recreational vehicle storage facilities.

Section 5. PROHIBITION.

No person shall commence, construct, establish, or operate any self -storage facilities, mini-storage facilities and recreational vehicle storage facilities, as defined in this Ordinance, within the City limits of the City of Indio during the period this Ordinance is in effect.

Section 6. VIOLATION A PUBLIC NUSIANCE.

The construction, establishment or operation of any self -storage facilities, mini -storage facilities and recreational vehicle storage facilities as defined in this Ordinance, within the city limits of the City of Indio during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare. No property in any zone of the City is to be used for purposes of a self - storage facilities, mini-storage facilities and recreational vehicle storage facilities during the period this Ordinance is in effect. The use of any property for such purpose shall be

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 178 of 180 6 a public nuisance. A violation of this Ordinance shall be and is hereby declare d to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable administrative remedies.

Section 7. SEVERABILITY.

The City Council of the City of Indio hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each secti on, subdivision, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

Section 8. REPORT.

The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance.

Section 9. EFFECTIVE DATE; FOUR-FIFTHS VOTE REQUIRED.

This Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the total member s of the City Council and shall be in effect for 10 months and 15 days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.

Section 10. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Indio.

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 179 of 180 7 PASSED APPROVED AND ADOPTED this 19th day of April 2023.

___________________________________
Oscar Ortiz, Mayor

ATTEST:

_____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

AGENDA ITEM #12.1
Ordinance No. 1793 , an urgency Ordinance of the City Council of the Cit... Page 180 of 180