Indio City Council
October 18, 2023

City of Indio
AGENDA
City Council / Indio Water Authority
Wednesday, October 18, 2023 @ 5:00 PM
Council Chamber, 150 Civic Center Mall

The City Council serves as the Board for Indio Water Authority

The City Council Chamber will be open to the public and City Council meetings will be conducted in person and remotely through Zoom

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

You may view the meeting via Livestream on the City’s website, Facebook Live, YouTube or view and participate via Zoom
Webinar ID: 835 5081 8121, Passcode: 92201

Agenda en Español

CEQA Statement: Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA under Guideline Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”) please contact the office of the City Clerk at 760-391-4007 prior to the meeting for assistance.

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

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

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

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

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

MISSION STATEMENT

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

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

CLOSED SESSION - 4 PM

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

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

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 Code Section Government Negotiator, with Conference Labor 54957.6; City Negotiator: Bryan H. Montgomery, City Manager; Employee Organizations: POA & PCU

3.2 Conference with Real Property Negotiators, pursuant to California Government Code Section 54956.8; Property: APN's 611-153-009, 611-153-001, and 611-153-004; Negotiating Parties: City of Indio; Bryan H. Montgomery, City Manager and The Firm Brokerage; Under Negotiation: Price and Terms of Payment
REGULAR SESSION - 5 PM

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

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

3. PLEDGE OF ALLEGIANCE
Wendy Pinto, 6th Grader at Indio Middle School

4. CITY ATTORNEY REPORT ON CLOSED SESSION

5. PRESENTATIONS

5.1 Proclamation - National Disability Employment Awareness Month

6. CITY MANAGER REPORTS AND INFORMATION

7. YOUTH ADVISORY COUNCIL (YAC)
Nancy Arias, Frida Arriaga, Miabella Cansino, Isabella Duarte, Mia Garcia, Xitlali Natividad, Destiney Nuñez, Taliyah Randolph, Tatiyana Randolph, Rachel Sanchez, Valeria Nicole Sermeno-Diaz, Vianca Terriquez, and Viviana Terriquez.

8. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS,

COMMISSIONS AND COMMITTEE MEETINGS AND REPORT ON

MEETINGS ATTENDED PER GOVERNMENT CODE SECTION
53232.3(D)

9. APPOINTMENTS

9.1 Appointment of Reymundo Trejo to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC), Seat 1 Staff Report - Appointment to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC), Seat 1 - Pdf 7 - 8

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

10.1 Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - Minutes for October 4, 2023 - Pdf
9 - 15

10.2 2024 City Council Meeting Calendar (Sabdi Sanchez, City Clerk Administrator) Recommendation: Approve
Staff Report - 2024 City Council Meeting Calendar - Pdf 16 - 17

10.3 City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City Manager and Director of Finance) Recommendation: Receive & File
Staff Report - City Warrants from 09.29.23 thru 10.12.23 - Pdf 18 - 29

10.4 IWA Warrants from 09.21.23 thru 10.04.23 (Rey Trejo, IWA General Manager) Recommendation: Receive & File
Staff Report - IWA Warrants from 09.21.23 thru 10.04.23 - Pdf 30 - 34

10.5 Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID) Reimbursement of $340,979.17 as part of the Public Safety Campus Project Trujillo, Deputy City Manager) (Scott Recommendation:

Approve
Staff Report - Tilden-Coil's Imperial Irrigation District 35 - 41

Reimbursement - Pdf

10.6 Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG), in an amount not to exceed $900,000, for work related to the co-location of City of Indio broadband fiber with the construction of CV Sync Phase II and authorize the City Manager to negotiate and sign the final agreement (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Reimbursement Agreement w/ CVAG for CV Sync Phase II for broadband fiber - Pdf
42 - 54

10.7 Accept the Street and Survey Monument Improvements and authorize release of the Surety for Beazer Homes Holdings, LLC., Tract Map No. 32411 (Timothy T. Wassil, Director of Public Works) Recommendation: Approve
Staff Report - Street & Survey Improvements for Beazer Homes Holdings, LLC., Tract Map No. 32411 (Barcelona) - Pdf
55 - 58

10.8 Contract Change Order No. 1 in the amount of $104,833.48 with Three Peaks Corp., for the construction of underground conduits, electrical necessary and connections and equipment allocate $43,274.50 to be paid to the Imperial Irrigation District for the miscellaneous materials and metering to energize facilities for the new Living Room Improvements Project, City Project No. Park PK2101 (Timothy T. Wassil, Director of Public Works)
Recommendation: Approve
Staff Report - Contract change order with Three Peaks Corp. - Pdf 59 - 62

10.9 Second Reading of Ordinance No. 1798: One (1)-Year Extension Request REO California the by Acquisition Partners IV, LP of Administrative (ADR-16-10-405) for Approval Review Design Regency Palms Indio located on Avenue 48 west of its intersection with Monroe Street and comprised of Assessor’s Parcel Numbers 616-200-038, 616-200-040 616-200-038-140 616-200-039, and (Kevin Snyder, Director of Community Development)
Recommendation: Approve
Staff Report - Second Reading of Ordinance No. 1798 - Regency Palms Indio Extension - Pdf
63 - 74

11. ADMINISTRATIVE ITEMS

11.1 Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ban the use of Safe and Sane Fireworks, conform social host liability to such use, in order to improve City Enforcement for code violations which will enhance Public Safety, Health and Welfare (Steven Graham, City Attorney) Recommendation: Approve
Introduction & Waive Full Reading
Staff Report - Ordinance No. 1799 Amending Chapter 101 and 130, Banning Private Use of All Fireworks - Pdf
75 - 90

12. PUBLIC HEARINGS

12.1 Ordinance No. 1800, Amending Chapter 93 of the Code of Indio, The Fire Code, to ban the use of Safe and Sane Fireworks and 91 - 102

delineate cost of Enforcement Recovery and corresponding procedures in order to improve enforcement for fire code violations to enhance public safety, health and welfare (Steven Graham, City Attorney) Recommendation: Approve Introduction & Waive Full Reading
Staff Report - Ordinance No. 1800 Amending the Fire Code Related to Fireworks Regulations - Pdf

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

14. ADJOURN
NEXT COUNCIL / IWA MEETING: NOVEMBER 1, 2023
Agenda packets are available on the city’s website at www.indio.org. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available in City Clerk's Office at 100 Civic Center Mall, Indio, during normal City business hours and during the meeting.

PUBLIC NOTICE

The Indio City Council Chamber is accessible to person(s) with disabilities. If special equipment is needed, for the hearing impaired, please call the City Clerk's office. Persons with disabilities can receive this agenda in an alternative format and should call the City Clerk's office at 3914007. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102, and 35.104 ADA Title II).

RULES OF DECORUM

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

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

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

DECLARATION OF POSTING

I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, do hereby declare that the foregoing agenda was posted on October 13, 2023, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

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

Sabdi Sanchez

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Appointment of Reymundo Trejo to the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC), Seat 1
RECOMMENDATION:

Nominate Mr. Reymundo Trejo to serve an additional four-year term on the Imperial Irrigation District (IID) Energy Consumers Advisory Committee (ECAC), Seat 1, from January 2024 through December 2027. Current term expires December 2023.

ATTACHMENTS:

Attachment 1 - Letter_ECAC Indio - Seat 1 - Reymundo Trejo - 10-2-2023 AGENDA ITEM #9.1
Appointment of Reymundo Trejo to the Imperial Irrigation District (IID) ... Page 7 of 102 October 2, 2023
B
ryan Montgomery, City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Re: Energy Consumers Advisory Committee – City of Indio, Seat 1 Dear Mr. Montgomery:

On behalf of the Imperial Irrigation District (IID), I wish to thank you for providing such capable representation to the Energy Consumers Advisory Committee (ECAC), which represents your constituents and our energy customers. IID and its staff are very appreciative of the opportunity to work with your representative, Mr. Reymundo Trejo, whose term expires December 2023.

As the jurisdictional entity responsible for the nomination of a candidate for seat 1 to serve from January 2024 through December 2027, the City of Indio may nominate Mr.

Reymundo Trejo to serve an additional four -year term or nominate another candidate.

This is an important seat as the ECAC makes valuable recommendations to the IID Board of Directors regarding fiscal, strategic planning, policy and other critical matters affecting the Energy Department and its customers.

Residency within IID’s service area is a requirement for a seat on the committee. Meetings are held monthly on the third Monday of each month (excluding holidays) beginning at 6 p.m. at the IID boardrooms in La Quinta and El Centro. Video conference technology enables real -time discussion between representatives gathered at these locations, thereby eliminating the need for long -distance travel. All meetings are livestreamed on IID’s website and archived for public viewing. IID pays no stipend, but reimburses members for mileage expended to and from meetings.

We look forward to hearing your decision. Should you have questions, please contact me at 760-790-6011 or at [email protected]. Thank you.

S
incerely,
Lee Hernandez, MPA
Govt. Affairs Specialist / ECAC Coordinator
cc: Mayor Oscar Ortiz, City of Indio
Mr. Matthew Smelser, Energy Manager, IID

AGENDA ITEM #9.1
Appointment of Reymundo Trejo to the Imperial Irrigation District (IID) ... Page 8 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: Minutes for City Council meeting of October 4, 2023

RECOMMENDATION:

Approve the Minutes of October 4, 2023, as presented.

ATTACHMENTS:

Attachment 1 - 4 October 2023 - Unofficial Minutes

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 9 of 102 City of Indio
City Council / Indio Water Authority Minutes
Wednesday, October 4, 2023
Mayor Oscar Ortiz called to order the closed session meeting of the City Council for the City of Indio and the Indio Water Authority, at 4:02 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.

CLOSED SESSION - 4 PM

1. CALL TO ORDER AND ROLL CALL

Present:

Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith (via phone)
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon

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

2. PUBLIC COMMENT None

3. ADJOURN TO CLOSED SESSION TO CONSIDER:

3.1 Conference with Labor Negotiator, Government Code Section 54957.6; City Negotiator: Bryan H. Montgomery; Employee Organizations: POA & PCU REGULAR SESSION - 5 PM
Mayor Oscar Ortiz called to order the regular joint meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:02 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.

1. CALL TO ORDER AND ROLL CALL

Present:

Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Glenn Miller
Councilmember Elaine Holmes
Councilmember Waymond Fermon
*Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements.

City Staff Present:

Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. Of Finance, Kevin H. Snyder, Dir. Of Community Development, Carl S. Morgan, Dir. Of Economic Development, Andrew Ansoorian, Dir. of Human Resources, Timothy T.

Wassil, Dir. of Public Works, Rey Trejo, IWA General Manager, Ian Cozens, Dir. Of

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 10 of 102 City Council / Indio Water Authority
October 4, 2023
Information Technology and Sabdi Sanchez, City Clerk Administrator

2. INVOCATION Pastor Robert Chapman ~ Garden Fellowship Church

3. PLEDGE OF ALLEGIANCE led by Youth Advisory Council Mayor Vianca Terriquez

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

5. PRESENTATIONS

5.1 Introduction of New Employees

City Manager Bryan H. Montgomery, along with Mayor Oscar Ortiz & Councilmembers introduced New Employees.

New Employees
Alan Garcia - Accountant
Julie Abrams - Finance Technician II
Marea Rubio - Code Enforcement Officer I
Josue Mendoza - Dispatcher I
Audrey Nickerson - Senior Planner
Victor Lopez - Facilities Maintenance I
Jessica Mediano - Marketing & Public Information Officer

Not Present
Victor Bejarano - Facilities Maintenance I
Abran Salas - Fleet Mechanic
Francisco Altamirano - Community Improvement Aide
Karla Martinez - Community Program Aide
Adrian Alba - Community Program Aide
Nancy Monterroso - Public Works Office Assistant
Cesar Paz - Facilities Maintenance I
Christian Torres - Police Officer Trainee
Eugenio Santos - Police Officer Trainee
Alfredo Jurado - Police Officer
Anthony Bravo - Police Officer Trainee
Jesus Correa Rivera - Police Officer Trainee
Anderson Lopez Ramirez - Police Officer Trainee
Omar Moreno - Police Officer Trainee
Jacob Adams - Police Officer Trainee

5.2 Proclamation - Domestic Violence Awareness Month
Mayor Ortiz presented a proclamation for Domestic Violence Awareness Month to Adriana Moreno, CEO of SAFE Family Justice Centers.

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 11 of 102 City Council / Indio Water Authority
October 4, 2023

5.3 Proclamation - Breast Cancer Awareness Month
Mayor Ortiz presented a proclamation for Breast Cancer Awareness Month, received by Councilmember Waymond Fermon

6. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reported on the upcoming Power Trip Music Festival being held at the Polo Grounds this weekend October 6-8, 2023, as well as a Pop-up AC/DC Dive Bar being held daily from 11am-10pm from October 5-8, 2023 at 82971 Bliss Avenue; he also reminded the community to be patient with traffic congestion due to festival attendees. The City has received a grant to allow the construction of a bridge at Avenue 44 to replace the roadway that continuously is flooded and/or washed out during storms and hurricanes; construction will take some time.

7. YOUTH ADVISORY COUNCIL (YAC)
Youth Advisory Council Mayor Vianca Terriquez shared a few events attended by this years’ new youth advisory council which included volunteering at FIND Food Bank, National Night Out and street cleanups. They have also partnered with Acrisure Arena by selling tickets to a Firebirds hockey game on December 16, 2023 at 6pm to fundraise for donations to a undecided organization.

8. REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)
Councilmember Holmes had no report.

Councilmember Fermon had no report.

Councilmember Miller reported on Sunline Transit Agency.

Mayor Pro Tem Ramos Amith had no report.

Mayor Oritz reported on Coachella Valley Association of Government Executive Committee.

9. EXCUSE YOUTH ADVISORY COUNCIL
PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA (Item 11)
Mayor Ortiz pulled Public Comment as the next item.

Public Comments provided by the following:

1.Sean Webb (Literacy Program - Read with Me Volunteer Program)

2.Angel Gonzalez (AYSO Representative - DRD Fees to park users)

3.Charles Alan Holloway (Personnel File)

4.Al Meza (Indio Fashion Mall)

5. Juvenal Gonzalez (Indio Chamber of Commerce Chair)

10. CONSENT CALENDAR

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 12 of 102 City Council / Indio Water Authority
October 4, 2023

10.1 Minutes for Adjourned Regular City Council meeting of September 18, 2023

10.2 City Warrants from 09.15.2023 thru 09.28.2023

10.3 IWA Warrants from 08.31.23 thru 09.20.23

10.4 Amendment No. 2 to the Professional Services Agreement with CA Consulting Services, LLC in the amount of $180,000 for engineering technical advisory and program management support services to implement the approved Capital Improvement Program, programming related support, and update Water Operations standard operating procedures (SOPs)

10.5 Amendment No. 2 to the existing Professional Services Agreement with DRP Engineering, Inc. in the amount of $180,000 for professional construction engineering services, new treatment facility constructability reviews, and construction management support services to implement the approved Capital Improvement Program and Chromium 6 Program

10.6 Comment letter in response to the Alternative Governance Structures and Alternative Electricity Service Provision Study regarding the Imperial Irrigation District prepared by the Riverside County and Imperial County Local Area Formation Commission (LAFCO)

10.7 Professional Services Agreement to LandMark Consultants, Inc for Testing Services for the City Hall and Library projects not to exceed $500,000

10.8 Resolution No. 10397 adopting the City of Indio Emergency Operations Plan 2023

10.9 Approval of a Five-Year Master Services Agreement between the City of Indio and Flock Group Inc. for the lease of 45 Flock Safety Automatic License Plate Recognition cameras, in the amount of $586,750

10.10 City of Indio Sustainability Commission FY 23/24 Work Plan and Outreach Plan

10.11 Accept the street and survey monument improvements and authorize release of the surety for NAS Property Group LLC., Tract Map No. 36679 (Elemento), located on the southwest corner of Madison Street and Avenue 49

10.12 Purchase of five (5) median signs inclusive of fabrication and installation at various locations throughout the City in the amount of $161,174.38

10.13 Deaccession of two stone sculptures in front of the City Hall: Approve the deaccession of the two rock sculptures in front of the City Hall, pursuant to the City’s Deaccession Policy
Motion made by Councilmember Elaine Holmes, seconded by Councilmember Waymond Fermon to approve Consent Calendar. Carried Unanimously.

11. ADMINISTRATIVE ITEMS

11.1 Approve the Amended and Restated Agreement (No. 1) with Desert Recreation District to provide park supervision and custodial services for five years, at a current-year cost of $379,501.

Timothy T. Wassil, Director of Public Works introduced the staff report.

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 13 of 102 City Council / Indio Water Authority
October 4, 2023
Kevin Kalman, General Manager for Desert Recreation District presented the PowerPoint presentation.

Discussion ensued.

Motion made by Mayor Pro Tem Lupe Ramos Amith, seconded by Councilmember Glenn Miller to approve the Amended and Restated Agreement (No. 1) with Desert Recreation District to provide park supervision and custodial services for five years, at a current-year cost of $379,501.

Carried Unanimously.

12.2 Ordinance No. 1798: One (1)-Year Extension Request by California REO Acquisition Partners IV, LP of the Administrative Design Review Approval (ADR-16-10-405) for Regency Palms Indio
Kevin Snyder, Director of Community Development presented the PowerPoint presentation.

Discussion ensued.

Magdy Hanna, applicant provided comment.

Motion made by Councilmember Elaine Holmes, seconded by Councilmember Glenn Miller to approve introduction of Ordinance No. 1798 and waive full reading, introduced by title only approving a One (1)-Year Extension Request by California REO Acquisition Partners IV, LP of the Administrative Design Review Approval (ADR-16-10-405) for Regency Palms Indio. Carried 4-1.

Mayor Pro Tem Lupe Ramos Amith opposed.

12.3 New Location for Desert Tortoise Sculpture Project: Approve Jackson Park as the proposed second new location to install the Desert Tortoise Sculpture that was approved and commissioned to artist Peter Hazel by the City Council, on March 1, 2023
Leila Namvar, Public Arts Analyst presented the PowerPoint presentation.

Discussion ensued.

Motion made by Councilmember Waymond Fermon, seconded by Councilmember Glenn Miller to approve Jackson Park location for Desert Tortoise Sculpture Project. Carried Unanimously.

12.4 Indio Public Arts Work Plan FY 23-24: Review and approve the Indio Public Arts Work Plan FY 23-24 and appropriate a recommended budget.

Leila Namvar, Public Arts Analyst presented the PowerPoint presentation.

Discussion ensued.

Motion made by Councilmember Elaine Holmes, seconded by Mayor Pro Tem Lupe Ramos Amith to approve Indio Public Arts Work Plan FY23-24. Carried

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 14 of 102 City Council / Indio Water Authority
October 4, 2023
Unanimously.

13. ADJOURN
There being no further business to discuss Mayor Ortiz adjourned the regular joint meeting at 7:08 p.m.

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

AGENDA ITEM #10.1
Minutes for City Council meeting of October 4, 2023 (Sabdi Sanchez, City... Page 15 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Sabdi Sanchez, City Clerk Administrator
Subject: 2024 City Council Meeting Calendar
RECOMMENDATION:

Approve the City Council Meeting schedule for the 2024 calendar year.

SUMMARY:

For several years, it has been a practice of the City Council to cancel the first meeting of the year in January and each summer month, July, August, and September. Setting a meeting schedule for the 2024 calendar year will assist in managing City Council meeting agendas. Special meetings and workshops may be added to the Council meeting schedule during the year on an as needed basis.

ATTACHMENTS:

Attachment 1 - 2024 Council Meeting Calendar
APPROVAL(S):

Bryan H. Montgomery, City Manager Approved - 12 Oct 2023 AGENDA ITEM #10.2
2024 City Council Meeting Calendar (Sabdi Sanchez, City Clerk Administra... Page 16 of 102

January

February

March

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31 April May

June

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6

1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
30 July

August

September

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30

October November December

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31

… City Council Meetings – 150 Civic Center Mall
… Holidays, City Offices Closed
… First Meeting of July, August, September & January 2025 cancelled

AGENDA ITEM #10.2
2024 City Council Meeting Calendar (Sabdi Sanchez, City Clerk Administra... Page 17 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Rob Rockwell, Asst. City Manager & Dir. Of Finance Subject: City Warrants from 09.29.23 thru 10.12.23
RECOMMENDATION:

Receive & File
SUMMARY:

City Warrants from 09.29.23 thru 10.12.23
BACKGROUND INFORMATION:

N/A
ALTERNATIVES:

N/A
ATTACHMENTS:

Attachment 1 - City Warrants 101223
APPROVAL(S):

Samantha Lopez, Finance Manager Approved - 12 Oct 2023
AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 18 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239386 10/05/2023 PRINTED 493 PLAZA  SHELL TOWING INC. 101 GENERAL  FUND 103015 1.00 239455 10/12/2023 PRINTED 285 COLONIAL  LIFE & ACCIDENT INSURANCE 101 GENERAL  FUND 206040 443.35 239455 10/12/2023 PRINTED 285 COLONIAL  LIFE & ACCIDENT INSURANCE 101 GENERAL  FUND 206040 443.35 239495 10/12/2023 PRINTED 6536 THE  LINCOLN NATIONAL LIFE INS CO 101 GENERAL  FUND 206040 3,389.06 239495 10/12/2023 PRINTED 6536 THE  LINCOLN NATIONAL LIFE INS CO 101 GENERAL  FUND 206040 3,420.81 239495 10/12/2023 PRINTED 6536 THE  LINCOLN NATIONAL LIFE INS CO 101 GENERAL  FUND 206040 1,510.93 239439 10/05/2023 PRINTED 305 UNITED  WAY OF THE DESERT 101 GENERAL  FUND 206045 163.00 239470 10/12/2023 PRINTED 3481 LEGAL  SHIELD 101 GENERAL  FUND 206095 549.90 239454 10/12/2023 PRINTED 6535 CALIFORNIA  DENTAL 101 GENERAL  FUND 206100 1,403.67 239454 10/12/2023 PRINTED 6535 CALIFORNIA  DENTAL 101 GENERAL  FUND 206100 1,753.55 239454 10/12/2023 PRINTED 6535 CALIFORNIA  DENTAL 101 GENERAL  FUND 206100 1,412.54 239409 10/05/2023 PRINTED 4897 PRUDENTIAL  OVERALL SUPPLY 101 GENERAL  FUND 206105 19.73 239409 10/05/2023 PRINTED 4897 PRUDENTIAL  OVERALL SUPPLY 101 GENERAL  FUND 206105 19.73 239409 10/05/2023 PRINTED 4897 PRUDENTIAL  OVERALL SUPPLY 101 GENERAL  FUND 206105 53.14 239502 10/12/2023 PRINTED 86 YELLOW  MART STORES 101 GENERAL  FUND 206105 163.11 239502 10/12/2023 PRINTED 86 YELLOW  MART STORES 101 GENERAL  FUND 206105 225.00 239502 10/12/2023 PRINTED 86 YELLOW  MART STORES 101 GENERAL  FUND 206105 173.98 239493 10/12/2023 PRINTED 7457 TEXAS  LIFE INSURANCE COMPANY 101 GENERAL  FUND 206130 1,605.32 239478 10/12/2023 PRINTED 493 STACY  GORIN 101 GENERAL  FUND 210055 494.00 239366 10/05/2023 PRINTED 493 45151  OASIS LLC 101 GENERAL  FUND 401405 448.00 239368 10/05/2023 PRINTED 493 ARIZONA  MACHINERY LLC 101 GENERAL  FUND 401405 0.70 239369 10/05/2023 PRINTED 493 AVMS  INC 101 GENERAL  FUND 401405 13.63 239373 10/05/2023 PRINTED 493 CI  TECHNOLOGIES INC 101 GENERAL  FUND 401405 12.00 239375 10/05/2023 PRINTED 493 DIEBOLD  NIXDORF INC 101 GENERAL  FUND 401405 42.50 239377 10/05/2023 PRINTED 493 FUSION  SIGN AND DESIGN 101 GENERAL  FUND 401405 16.10 239378 10/05/2023 PRINTED 493 INDIO  COINTLESS LAUNDRY 101 GENERAL  FUND 401405 188.50 239475 10/12/2023 PRINTED 173 ISAIAH  DE LA FUENTE 101 GENERAL  FUND 401405 70.00 239379 10/05/2023 PRINTED 493 JMR  ELECTRIC CO 101 GENERAL  FUND 401405 9.00 239382 10/05/2023 PRINTED 493 Matthews  Signs 101 GENERAL  FUND 401405 46.00 239385 10/05/2023 PRINTED 493 PAMA  MANAGEMENT 101 GENERAL  FUND 401405 8.00 239387 10/05/2023 PRINTED 493 PRIME  STORAGE INDIO LLC 101 GENERAL  FUND 401405 60.00 239389 10/05/2023 PRINTED 493 RIGHT  AWAY AIR CONDITIONING INC 101 GENERAL  FUND 401405 45.00 239365 10/05/2023 PRINTED 173 ROMAN  WHITTAKER 101 GENERAL  FUND 401405 60.00 239391 10/05/2023 PRINTED 493 SHERMAN'S  LIQUOR 101 GENERAL  FUND 401405 15.00 239393 10/05/2023 PRINTED 493 SUNPOWER  CORPORATION SYSTEMS 101 GENERAL  FUND 401405 90.00 239394 10/05/2023 PRINTED 493 T&R  CONSTRUCTION GROUP 101 GENERAL  FUND 401405 26.00 239395 10/05/2023 PRINTED 493 TORCOM  CONSTRUCTION 101 GENERAL  FUND 401405 448.00 239400 10/05/2023 PRINTED 3938 Delia  Delgado 101 GENERAL  FUND 401505 40.17 239400 10/05/2023 PRINTED 3938 Delia  Delgado 101 GENERAL  FUND 401520 25.63 239363 10/05/2023 PRINTED 173 FRED  WOLF 101 GENERAL  FUND 403210 408.25 239475 10/12/2023 PRINTED 173 ISAIAH  DE LA FUENTE 101 GENERAL  FUND 403210 1,633.00 239364 10/05/2023 PRINTED 173 KEVIN  LUKE 101 GENERAL  FUND 403210 408.25 239365 10/05/2023 PRINTED 173 ROMAN  WHITTAKER 101 GENERAL  FUND 403210 1,633.00 239367 10/05/2023 PRINTED 493 ALBERT  OLALDE 101 GENERAL  FUND 403215 60.00 1 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 19 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239370 10/05/2023 PRINTED 493 BOB  KUMPULA 101 GENERAL  FUND 403215 60.00 239371 10/05/2023 PRINTED 493 CAROL  SILVESTRI 101 GENERAL  FUND 403215 60.00 239372 10/05/2023 PRINTED 493 CHANG  YAN ZHOU 101 GENERAL  FUND 403215 60.00 239372 10/05/2023 PRINTED 493 CHANG  YAN ZHOU 101 GENERAL  FUND 403215 60.00 239374 10/05/2023 PRINTED 493 DARP  LLC 101 GENERAL  FUND 403215 60.00 239479 10/12/2023 PRINTED 493 DEBRA  L DANIELS 101 GENERAL  FUND 403215 60.00 239376 10/05/2023 PRINTED 493 DIEGO  SANCHEZ 101 GENERAL  FUND 403215 60.00 239480 10/12/2023 PRINTED 493 GIOVANNI  C FUNICIELLO 101 GENERAL  FUND 403215 60.00 239475 10/12/2023 PRINTED 173 ISAIAH  DE LA FUENTE 101 GENERAL  FUND 403215 223.00 239380 10/05/2023 PRINTED 493 JOHN  HARRIS 101 GENERAL  FUND 403215 62.00 239477 10/12/2023 PRINTED 493 Jose  E Fuxa 101 GENERAL  FUND 403215 148.00 239381 10/05/2023 PRINTED 493 LORENA  SANCHEZ 101 GENERAL  FUND 403215 60.00 239381 10/05/2023 PRINTED 493 LORENA  SANCHEZ 101 GENERAL  FUND 403215 60.00 239481 10/12/2023 PRINTED 493 LUONG  KIM 101 GENERAL  FUND 403215 60.00 239383 10/05/2023 PRINTED 493 MORGEN  BENSTSEN 101 GENERAL  FUND 403215 87.00 239384 10/05/2023 PRINTED 493 MSN  PROPERTIES II LP 9229 101 GENERAL  FUND 403215 60.00 239388 10/05/2023 PRINTED 493 RICHARD  & SANDRA KERSULIS 101 GENERAL  FUND 403215 23.00 239482 10/12/2023 PRINTED 493 RICHARD  HILL 101 GENERAL  FUND 403215 60.00 239390 10/05/2023 PRINTED 493 RITCHIE  TUAZON 101 GENERAL  FUND 403215 148.00 239392 10/05/2023 PRINTED 493 STARLITE  MGMT‐VIII LP 7797 101 GENERAL  FUND 403215 60.00 239396 10/05/2023 PRINTED 493 VACA  RAMIRO 101 GENERAL  FUND 403215 60.00 239503 10/12/2023 PRINTED 8362 YOSHIE  BOTTA 101 GENERAL  FUND 403215 60.00 239315 10/05/2023 PRINTED 164 AUDITOR ‐CONTROLLER RIVERSIDE CO. 101 GENERAL  FUND 404010 3,835.00 101 Total 28,537.90
239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1011110 CITY  COUNCIL 531033 143.68 1011110 Total 143.68
239465 10/12/2023 PRINTED 564 INDIO  WATER AUTHORITY 1011121 CITY  MANAGER'S OFFICE 521064 435.75 239466 10/12/2023 PRINTED 8334 JAMES  S. HARRISON 1011121 CITY  MANAGER'S OFFICE 521064 5,000.00 239452 10/12/2023 PRINTED 7698 BRYAN  MONTGOMERY 1011121 CITY  MANAGER'S OFFICE 524028 698.40 239452 10/12/2023 PRINTED 7698 BRYAN  MONTGOMERY 1011121 CITY  MANAGER'S OFFICE 531021 720.00 239467 10/12/2023 PRINTED 8310 JOSE  RAMIREZ 1011121 CITY  MANAGER'S OFFICE 531021 65.67 1011121 Total 6,919.82
239460 10/12/2023 PRINTED 4156 ERIC  LONGORIA 1011122 HUMAN  RESOURCES 515012 1,600.00 239488 10/12/2023 PRINTED 8340 RICHARD  D. JONES, A PROFESSIONAL LAW CORPORATION 1011122 HUMAN  RESOURCES 521056 525.00 239488 10/12/2023 PRINTED 8340 RICHARD  D. JONES, A PROFESSIONAL LAW CORPORATION 1011122 HUMAN  RESOURCES 521056 349.28 239317 10/05/2023 PRINTED 6457 BOB  MURRAY & ASSOCIATES 1011122 HUMAN  RESOURCES 521072 9,155.00 239501 10/12/2023 PRINTED 8200 WS  CHIEF CORNERSTONE INC. 1011122 HUMAN  RESOURCES 524018 3,190.00 239450 10/12/2023 PRINTED 7704 ANDREW  ANSOORIAN 1011122 HUMAN  RESOURCES 524020 259.00 239461 10/12/2023 PRINTED 458 FEDEX 1011122 HUMAN  RESOURCES 524020 42.54 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1011122 HUMAN  RESOURCES 531033 236.81 1011122 Total 15,357.63
239314 10/05/2023 PRINTED 1070 AMERICAN  LEGAL PUBLISHING CORP. 1011130 CITY  CLERK 521064 109.00 239314 10/05/2023 PRINTED 1070 AMERICAN  LEGAL PUBLISHING CORP. 1011130 CITY  CLERK 521064 1,223.69 239414 10/05/2023 PRINTED 7372 RELIABLE  TRANSLATIONS INC. 1011130 CITY  CLERK 521064 168.12 2 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 20 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1011130 CITY  CLERK 531033 (40.13) 1011130 Total 1,460.68
239447 10/12/2023 PRINTED 5875 AK  & COMPANY 1011151 FINANCE 521064 3,500.00 239347 10/05/2023 PRINTED 163 GOVERNMENT  FINANCE OFFICERS ASSOC. 1011151 FINANCE 524028 135.00 1011151 Total 3,635.00
239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1011166 TEEN  CENTER 540042 (38.54) 1011166 Total (38.54)
239326 10/05/2023 PRINTED 6947 CV  STRATEGIES 1011174 PROMOTIONS  & PUBLICITY 524002 8,333.33 239326 10/05/2023 PRINTED 6947 CV  STRATEGIES 1011174 PROMOTIONS  & PUBLICITY 531042 1,818.34 239346 10/05/2023 PRINTED 8262 GERARDO  COVARRUBIAS 1011174 PROMOTIONS  & PUBLICITY 531042 2,400.00 239361 10/05/2023 PRINTED 8094 MAINSTREET  COMMUNICATION, INC 1011174 PROMOTIONS  & PUBLICITY 531042 1,260.88 1011174 Total 13,812.55
239407 10/05/2023 PRINTED 7991 PLACER  LABS, INC 1011175 ECONOMIC  DEVELOPMENT 521064 12,025.00 239320 10/05/2023 PRINTED 769 CALED 1011175 ECONOMIC  DEVELOPMENT 540018 887.18 239320 10/05/2023 PRINTED 769 CALED 1011175 ECONOMIC  DEVELOPMENT 540018 120.00 1011175 Total 13,032.18
239330 10/05/2023 PRINTED 5837 DEPARTMENT  OF ANIMAL SERVICES 1011181 ANIMAL  CARE 521068 84,661.64 239330 10/05/2023 PRINTED 5837 DEPARTMENT  OF ANIMAL SERVICES 1011181 ANIMAL  CARE 521068 91,551.19 1011181 Total 176,212.83
239348 10/05/2023 PRINTED 277 GREATER  PALM SPRINGS CONV.&VISITORS 1011190 NON ‐DEPARTMENTAL 540018 47,414.49 1011190 Total 47,414.49
239334 10/05/2023 PRINTED 2962 EAN  SERVICES LLC 1012130 BUILDING  & SAFETY 524028 561.52 239458 10/12/2023 PRINTED 7092 EDUARDO  ESCOBAR 1012130 BUILDING  & SAFETY 524028 185.00 239448 10/12/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1012130 BUILDING  & SAFETY 531033 41.93 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1012130 BUILDING  & SAFETY 531033 181.60 1012130 Total 970.05
239417 10/05/2023 PRINTED 6897 ROLLINGS  & MCDONALD CONSULTING 1012182 PLANNING 521064 1,750.00 239416 10/05/2023 PRINTED 616 RIVERSIDE  COUNTY CLERK/RECORDER 1012182 PLANNING 521076 50.00 239416 10/05/2023 PRINTED 616 RIVERSIDE  COUNTY CLERK/RECORDER 1012182 PLANNING 521076 50.00 239456 10/12/2023 PRINTED 6580 DAILY  JOURNAL CORPORATION 1012182 PLANNING 524002 310.59 239422 10/05/2023 PRINTED 4949 SIGNARAMA 1012182 PLANNING 524002 1,260.68 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1012182 PLANNING 531033 40.21 1012182 Total
3,461.48
239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 1013111 PW  ADMIN & ENGINEERING 521064 12,575.00 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 1013111 PW  ADMIN & ENGINEERING 521064 10,337.50 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 1013111 PW  ADMIN & ENGINEERING 521064 309.00 239430 10/05/2023 PRINTED 6073 TIMOTHY  T. WASSIL 1013111 PW  ADMIN & ENGINEERING 524028 181.59 239496 10/12/2023 PRINTED 6073 TIMOTHY  T. WASSIL 1013111 PW  ADMIN & ENGINEERING 524028 120.00 239430 10/05/2023 PRINTED 6073 TIMOTHY  T. WASSIL 1013111 PW  ADMIN & ENGINEERING 524028 103.00 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1013111 PW  ADMIN & ENGINEERING 531033 196.96 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1013111 PW  ADMIN & ENGINEERING 531033 459.09 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1013111 PW  ADMIN & ENGINEERING 531033 231.40 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 1013111 PW  ADMIN & ENGINEERING 531033 121.44 1013111 Total 24,634.98
3 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 21 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239337 10/05/2023 PRINTED 4470 EXCEL  LANDSCAPE, INC. 1013131 PARKS  & PARKWAYS 523027 3,854.00 239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 1013131 PARKS  & PARKWAYS 523027 1,250.00 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 1013131 PARKS  & PARKWAYS 531054 16.87 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 1013131 PARKS  & PARKWAYS 531054 87.83 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 1013131 PARKS  & PARKWAYS 531054 43.54 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 1013131 PARKS  & PARKWAYS 531054 95.13 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 1013131 PARKS  & PARKWAYS 531054 70.62 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 1013131 PARKS  & PARKWAYS 531054 3,788.36 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 1013131 PARKS  & PARKWAYS 531054 3,701.26 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 1013131 PARKS  & PARKWAYS 531054 196.45 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 1013131 PARKS  & PARKWAYS 531054 2,610.44 1013131 Total 15,714.50
239438 10/05/2023 PRINTED 415 UNDERGROUND  SERVICE ALERT 1013141 STREET  MAINTENANCE 521064 220.00 239319 10/05/2023 PRINTED 6302 BURRTEC  WASTE & RECYCLING SVCS 1013141 STREET  MAINTENANCE 523035 17,646.15 239431 10/05/2023 PRINTED 78 TOPS  N BARRICADES 1013141 STREET  MAINTENANCE 531051 505.69 239362 10/05/2023 PRINTED 7937 MARTIN  MARIETTA MATERIALS, INC. 1013141 STREET  MAINTENANCE 531063 527.12 239474 10/12/2023 PRINTED 7937 MARTIN  MARIETTA MATERIALS, INC. 1013141 STREET  MAINTENANCE 531063 2,208.89 239487 10/12/2023 PRINTED 4897 PRUDENTIAL  OVERALL SUPPLY 1013141 STREET  MAINTENANCE 531063 106.55 239431 10/05/2023 PRINTED 78 TOPS  N BARRICADES 1013141 STREET  MAINTENANCE 531063 320.00 239443 10/05/2023 PRINTED 7037 WHITE  CAP 1013141 STREET  MAINTENANCE 531063 15.81 239499 10/12/2023 PRINTED 7037 WHITE  CAP 1013141 STREET  MAINTENANCE 531063 1,764.47 1013141 Total 23,314.68
239318 10/05/2023 PRINTED 5585 BRUCE  BOWER INVESTIGATION 1014211 POLICE  ADMINISTRATION 521064 4,930.00 239433 10/05/2023 PRINTED 6340 TRUTH  BE TOLD POLYGRAPH, LLC 1014211 POLICE  ADMINISTRATION 521064 250.00 239323 10/05/2023 PRINTED 6298 CINTAS  FIRST AID & SAFETY 1014211 POLICE  ADMINISTRATION 524024 822.15 239444 10/05/2023 PRINTED 4975 WILLIAMS  SCOTSMAN, INC. 1014211 POLICE  ADMINISTRATION 524024 191.17 239444 10/05/2023 PRINTED 4975 WILLIAMS  SCOTSMAN, INC. 1014211 POLICE  ADMINISTRATION 524024 84.83 239486 10/12/2023 PRINTED 2508 ABRAHAM  PLATA 1014211 POLICE  ADMINISTRATION 524028 903.06 239333 10/05/2023 PRINTED 7387 DPREP  INC 1014211 POLICE  ADMINISTRATION 524028 695.00 239459 10/12/2023 PRINTED 6801 EDUARDO  SUAREZ 1014211 POLICE  ADMINISTRATION 524028 1,067.00 239360 10/05/2023 PRINTED 8328 LISBETH  MIRANDA 1014211 POLICE  ADMINISTRATION 524028 159.00 239472 10/12/2023 PRINTED 7858 MARCOS  A CORONEL 1014211 POLICE  ADMINISTRATION 524028 33.74 239472 10/12/2023 PRINTED 7858 MARCOS  A CORONEL 1014211 POLICE  ADMINISTRATION 524028 322.91 239473 10/12/2023 PRINTED 3478 MARLENA  HERNANDEZ 1014211 POLICE  ADMINISTRATION 524028 870.89 239476 10/12/2023 PRINTED 173 MISC  ‐ REFUNDS 1014211 POLICE  ADMINISTRATION 524028 270.00 239398 10/05/2023 PRINTED 504 PARENT  PROJECT, INC. 1014211 POLICE  ADMINISTRATION 524028 1,390.00 239413 10/05/2023 PRINTED 8329 REBECCA  SALGADO 1014211 POLICE  ADMINISTRATION 524028 159.00 239399 10/05/2023 PRINTED 504 SAN  BERNARDINO COUNTY SHERIFF'S DEPARTMENT 1014211 POLICE  ADMINISTRATION 524028 430.00 239494 10/12/2023 PRINTED 515 THE  COUNSELING TEAM INTERNATIONAL 1014211 POLICE  ADMINISTRATION 524028 598.00 239497 10/12/2023 PRINTED 1867 TRAINING  INNOVATIONS, INC. 1014211 POLICE  ADMINISTRATION 531018 800.00 239404 10/05/2023 PRINTED 7934 ODP  BUSINESS SOLUTIONS, LLC 1014211 POLICE  ADMINISTRATION 531033 58.30 239436 10/05/2023 PRINTED 2521 U.S.  ARMOR CORPORATION 1014211 POLICE  ADMINISTRATION 531060 870.54 239397 10/05/2023 PRINTED 504 CACEO 1014211 POLICE  ADMINISTRATION 531066 210.00 239483 10/12/2023 PRINTED 98 PALM  SPRINGS POLICE MANAGEMENT ASSOCIATION 1014211 POLICE  ADMINISTRATION 540015 195.00 4 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 22 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 1014211 Total 15,310.59
239449 10/12/2023 PRINTED 16 AMERICAN  FORENSIC NURSES 1014212 POLICE  FIELD SERVICES 521060 1,978.00 239449 10/12/2023 PRINTED 16 AMERICAN  FORENSIC NURSES 1014212 POLICE  FIELD SERVICES 521060 97.00 239449 10/12/2023 PRINTED 16 AMERICAN  FORENSIC NURSES 1014212 POLICE  FIELD SERVICES 521060 48.50 239449 10/12/2023 PRINTED 16 AMERICAN  FORENSIC NURSES 1014212 POLICE  FIELD SERVICES 521060 388.00 239449 10/12/2023 PRINTED 16 AMERICAN  FORENSIC NURSES 1014212 POLICE  FIELD SERVICES 521060 48.50 239498 10/12/2023 PRINTED 171 TURBO  DATA SYSTEMS, INC. 1014212 POLICE  FIELD SERVICES 521064 1,001.54 239468 10/12/2023 PRINTED 6107 K  & R CAR WASH, INC 1014212 POLICE  FIELD SERVICES 523036 200.00 239468 10/12/2023 PRINTED 6107 K  & R CAR WASH, INC 1014212 POLICE  FIELD SERVICES 523036 3,000.00 239331 10/05/2023 PRINTED 7947 DESERT  FEED BAG 1014212 POLICE  FIELD SERVICES 531006 172.88 239331 10/05/2023 PRINTED 7947 DESERT  FEED BAG 1014212 POLICE  FIELD SERVICES 531006 94.57 239331 10/05/2023 PRINTED 7947 DESERT  FEED BAG 1014212 POLICE  FIELD SERVICES 531006 73.93 239316 10/05/2023 PRINTED 7876 AXON  ENTERPRISE, INC. 1014212 POLICE  FIELD SERVICES 531060 390.20 239451 10/12/2023 PRINTED 4400 BPS  TACTICAL, INC. 1014212 POLICE  FIELD SERVICES 531060 96.44 239408 10/05/2023 PRINTED 7973 POWERDMS,  INC. 1014212 POLICE  FIELD SERVICES 531066 2,409.00 1014212 Total 9,998.56
239404 10/05/2023 PRINTED 7934 ODP  BUSINESS SOLUTIONS, LLC 1014213 POLICE  INVESTIGATIONS 521028 121.69 239335 10/05/2023 PRINTED 5751 EISENHOWER  MEDICAL CENTER 1014213 POLICE  INVESTIGATIONS 521060 1,200.00 239471 10/12/2023 PRINTED 7366 LOCKS  AROUND THE CLOCK INC 1014213 POLICE  INVESTIGATIONS 521064 500.00 239427 10/05/2023 PRINTED 515 THE  COUNSELING TEAM INTERNATIONAL 1014213 POLICE  INVESTIGATIONS 521064 325.00 239427 10/05/2023 PRINTED 515 THE  COUNSELING TEAM INTERNATIONAL 1014213 POLICE  INVESTIGATIONS 521064 325.00 239403 10/05/2023 PRINTED 6324 NET  TRANSCRIPTS, INC 1014213 POLICE  INVESTIGATIONS 521080 89.79 1014213 Total 2,561.48
239410 10/05/2023 PRINTED 3196 PVP  COMMUNICATIONS 1014214 POLICE  TRAFFIC ENFORCEMENT 531060 557.68 239492 10/12/2023 PRINTED 6644 WILLIAM  F DUNABLE 1014214 POLICE  TRAFFIC ENFORCEMENT 531060 410.00 1014214 Total 967.68
239441 10/05/2023 PRINTED 6687 VOIANCE  LANGUAGE SERVICES, LLC 1014215 POLICE  SUPPORT SERVICES 521064 283.83 239332 10/05/2023 PRINTED 609 DOOLEY  ENTERPRISES, INC. 1014215 POLICE  SUPPORT SERVICES 531003 1,406.67 239445 10/05/2023 PRINTED 86 YELLOW  MART STORES 1014215 POLICE  SUPPORT SERVICES 531003 219.69 1014215 Total 1,910.19
239328 10/05/2023 PRINTED 5464 DATA  TICKET, INC. 1014241 CODE  ENFORCEMENT 521064 2,877.55 239328 10/05/2023 PRINTED 5464 DATA  TICKET, INC. 1014241 CODE  ENFORCEMENT 521064 4,896.69 239434 10/05/2023 PRINTED 171 TURBO  DATA SYSTEMS, INC. 1014241 CODE  ENFORCEMENT 524024 1,653.00 239418 10/05/2023 PRINTED 7938 SALAZAR  EDMUNDO 1014241 CODE  ENFORCEMENT 531015 75.69 1014241 Total 9,502.93
239500 10/12/2023 PRINTED 172 WITTMAN  ENTERPRISES 1015131 FIRE  & AMBULANCE SERVICES 521004 11,858.00 239415 10/05/2023 PRINTED 5089 RIVERSIDE  COUNTY FIRE DEPARTMENT 1015131 FIRE  & AMBULANCE SERVICES 521052 4,416,694.16 239489 10/12/2023 PRINTED 6252 SACRAMENTO  METROPOLITAN FIRE DIST. 1015131 FIRE  & AMBULANCE SERVICES 521068 5,931.46 239489 10/12/2023 PRINTED 6252 SACRAMENTO  METROPOLITAN FIRE DIST. 1015131 FIRE  & AMBULANCE SERVICES 521068 4,531.05 239489 10/12/2023 PRINTED 6252 SACRAMENTO  METROPOLITAN FIRE DIST. 1015131 FIRE  & AMBULANCE SERVICES 521068 995.11 239489 10/12/2023 PRINTED 6252 SACRAMENTO  METROPOLITAN FIRE DIST. 1015131 FIRE  & AMBULANCE SERVICES 521068 1,322.88 239485 10/12/2023 PRINTED 5781 PAUL  ASSOCIATES 1015131 FIRE  & AMBULANCE SERVICES 524022 795.93 1015131 Total 4,442,128.59
239327 10/05/2023 PRINTED 6580 DAILY  JOURNAL CORPORATION 210 STATE  GAS TAX 523006 941.18 5 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 23 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 210 STATE  GAS TAX 523006 202.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 210 STATE  GAS TAX 523006 205.50 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 210 STATE  GAS TAX 523006 765.00 210 Total 2,113.68
239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 521064 912.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 521064 640.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 521064 40.50 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 212 LOCAL  STREETS & ROADS PROGRAM 523006 100.00 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 212 LOCAL  STREETS & ROADS PROGRAM 523006 612.50 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 212 LOCAL  STREETS & ROADS PROGRAM 523006 600.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 1,744.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 824.50 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 3,733.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 1,381.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 3,871.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 3,327.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 34.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 943.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 203.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 1,832.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 261.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 1,080.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 212 LOCAL  STREETS & ROADS PROGRAM 523006 255.00 239327 10/05/2023 PRINTED 6580 DAILY  JOURNAL CORPORATION 212 LOCAL  STREETS & ROADS PROGRAM 531066 763.54 212 Total 23,157.04
239319 10/05/2023 PRINTED 6302 BURRTEC  WASTE & RECYCLING SVCS 217 WASTE  RECYCLING AB939 521064 1,050.00 239457 10/12/2023 PRINTED 512 DESERT  ARC 217 WASTE  RECYCLING AB939 521064 1,925.00 239355 10/05/2023 PRINTED 2125 INFOSEND,  INC. 217 WASTE  RECYCLING AB939 524002 2,082.80 217 Total 5,057.80
239401 10/05/2023 PRINTED 5088 MOTOROLA  SOLUTIONS, INC. 220 PUBLIC  SAFETY PROP 172 555011 166,463.25 220 Total 166,463.25
239336 10/05/2023 PRINTED 7720 EVIDENCE  CONTROL SYSTEM, INC 221 SUPP  LAW ENF SVCS AB3229 521064 1,725.00 221 Total 1,725.00
239475 10/12/2023 PRINTED 173 ISAIAH  DE LA FUENTE 224 CERT  ACCESS SPECIALIST 208005 4.00 239390 10/05/2023 PRINTED 493 RITCHIE  TUAZON 224 CERT  ACCESS SPECIALIST 208005 4.00 239365 10/05/2023 PRINTED 173 ROMAN  WHITTAKER 224 CERT  ACCESS SPECIALIST 208005 4.00 224 Total 12.00
239429 10/05/2023 PRINTED 5887 THE  RAMSAY GROUP 230 COMMUNITY  DEV BLOCK GRANT 521064 5,830.00 230 Total 5,830.00
239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 234 STATE  TRANSPORTATION SB1 523006 87.50 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 234 STATE  TRANSPORTATION SB1 523006 2,437.50 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 234 STATE  TRANSPORTATION SB1 523006 889.00 234 Total 3,414.00
239428 10/05/2023 PRINTED 409 SO  CAL GAS 238 NEIGHBORHOOD  STABILTIZATION 2 523018 15.25 6 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 24 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239353 10/05/2023 PRINTED 403 IMPERIAL  IRRIGATION DISTRICT 238 NEIGHBORHOOD  STABILTIZATION 2 523021 14.05 239354 10/05/2023 PRINTED 564 INDIO  WATER AUTHORITY 238 NEIGHBORHOOD  STABILTIZATION 2 523021 22.39 238 Total 51.69
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400002 SUNTREE  (2) 523027 410.00 2400002 Total 410.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400003 PARK  PASEO (3) 523027 540.00 2400003 Total 540.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400006 WHISPERING  PALMS 523027 910.00 2400006 Total 910.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400007 PALMWOOD  (7) 523027 2,000.00 2400007 Total 2,000.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400008 LUMBERMENS  (8) 523027 1,050.00 2400008 Total 1,050.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400010 LIBERTY  VILLAGE (10) 523027 988.00 2400010 Total 988.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400011 SANTA  FE (11) 523027 320.00 2400011 Total 320.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400015 VILLA  PACIFIC (15) 523027 1,240.00 2400015 Total 1,240.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400026 RINCON  HOMES (26) 523027 1,940.00 2400026 Total 1,940.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400027 SUMMER  PLACE (27) 523027 850.00 2400027 Total 850.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400031 WARING  PALMS (31) 523027 1,860.00 2400031 Total 1,860.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400033 SHAD  HILLS VIL (33) 523027 540.00 2400033 Total 540.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400034 MADISON  RANCH (34) 523027 800.00 2400034 Total 800.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400035 CORTA  BELLA (35) 523027 1,440.00 2400035 Total 1,440.00
239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 2400037 LAS  BRISAS N (37) 531054 396.49 2400037 Total 396.49
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400038 VILLA  MONTEGO (38) 523027 4,630.00 2400038 Total 4,630.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400039 MONTICELLO  (39) 523027 3,310.00 2400039 Total 3,310.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400040 SHADOW  HILLS (40) 523027 2,220.00 2400040 Total 2,220.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400041 SUNBURST  (41) 523027 3,650.00 2400041 Total 3,650.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400046 BELLA  TIERRA (46) 523027 600.00 2400046 Total 600.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400047 RANCHO  VERDE (47) 523027 2,500.00 7 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 25 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 2400047 Total 2,500.00
239442 10/05/2023 PRINTED 3421 WEST  COAST ARBORISTS, INC 2400050 DESERT  TRACE (50) 523027 1,650.00 2400050 Total 1,650.00
239345 10/05/2023 PRINTED 5687 GEOCON  WEST, INC. 241 ARPA 523006 4,402.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 241 ARPA 523006 1,937.50 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 241 ARPA 523006 1,268.50 241 Total 7,608.00
239416 10/05/2023 PRINTED 616 RIVERSIDE  COUNTY CLERK/RECORDER 300 CAPITAL  IMPROVEMENTS 521064 50.00 239339 10/05/2023 PRINTED 8322 FONROCHE  LIGHTING AMERICA INC. 300 CAPITAL  IMPROVEMENTS 523006 12,547.00 239339 10/05/2023 PRINTED 8322 FONROCHE  LIGHTING AMERICA INC. 300 CAPITAL  IMPROVEMENTS 523006 7,546.00 239345 10/05/2023 PRINTED 5687 GEOCON  WEST, INC. 300 CAPITAL  IMPROVEMENTS 523006 2,500.00 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 300 CAPITAL  IMPROVEMENTS 523006 700.00 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 300 CAPITAL  IMPROVEMENTS 523006 525.00 239349 10/05/2023 PRINTED 6778 GREENWOOD  TRANSPORTATION ENGINEERS 300 CAPITAL  IMPROVEMENTS 523006 1,000.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 943.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 202.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 135.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 3,032.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 574.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 2,373.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 222.00 239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 300 CAPITAL  IMPROVEMENTS 523006 34.00 239406 10/05/2023 PRINTED 6269 PETROCHEM  MATERIALS INNOVATION, LLC 300 CAPITAL  IMPROVEMENTS 523006 785,974.13 300 Total 818,357.13
239484 10/12/2023 PRINTED 4469 NAI  CONSULTING, INC 311 PW  ADMIN & ENGINEERING 523006 337.00 311 Total 337.00
239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 521064 92,097.90 239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 521064 6,900.00 239352 10/05/2023 PRINTED 259 IMPERIAL  IRRIGATION DISTRICT 331 LEASE  REVENUE BONDS 2022 521064 1,000.00 239462 10/12/2023 PRINTED 7849 GAFCON  INC 331 LEASE  REVENUE BONDS 2022 523006 (186.50) 239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 523006 5,602.29 239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 523006 3,813.00 239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 523006 4,717.50 239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 523006 4,620.00 239463 10/12/2023 PRINTED 5814 HOLT  ARCHITECTS, INC. 331 LEASE  REVENUE BONDS 2022 523006 1,228.50 239462 10/12/2023 PRINTED 7849 GAFCON  INC 331 LEASE  REVENUE BONDS 2022 553005 2,284.50 239469 10/12/2023 PRINTED 2684 LANDMARK  CONSULTANTS, INC 331 LEASE  REVENUE BONDS 2022 553005 2,160.00 331 Total 124,237.19
239502 10/12/2023 PRINTED 86 YELLOW  MART STORES 5106713 WATER  DISTRIBUTION 531015 190.30 239502 10/12/2023 PRINTED 86 YELLOW  MART STORES 5106713 WATER  DISTRIBUTION 531015 225.00 5106713 Total 415.30
239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 210015 185.62 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 521036 9,298.51 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 521036 3,218.00 8 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 26 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 521036 17,992.42 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 521064 479.00 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 521078 1,218.42 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 523027 19,502.48 239453 10/12/2023 PRINTED 6302 BURRTEC  WASTE & RECYCLING SVCS 520 MUNICIPAL  GOLF 523039 58.06 239319 10/05/2023 PRINTED 6302 BURRTEC  WASTE & RECYCLING SVCS 520 MUNICIPAL  GOLF 523039 58.06 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 524010 970.70 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 524024 5,096.03 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 531033 322.95 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 531039 53.02 239358 10/05/2023 PRINTED 722 LANDMARK  GOLF LIMITED PARTNERSHIP 520 MUNICIPAL  GOLF 531060 905.01 520 Total 59,358.28
239357 10/05/2023 PRINTED 88 JT2  INTEGRATED RESOURCES 601 RISK  MANAGEMENT 515004 1,000.00 239495 10/12/2023 PRINTED 6536 THE  LINCOLN NATIONAL LIFE INS CO 601 RISK  MANAGEMENT 515006 331.32 601 Total 1,331.32
239359 10/05/2023 PRINTED 8333 LEARN  DESIGN APPLY INC 602 INFORMATION  TECHNOLOGY 521064 15,000.00 239412 10/05/2023 PRINTED 7651 QUEST  TECHNOLOGY MANAGEMENT 602 INFORMATION  TECHNOLOGY 521064 6,900.00 239412 10/05/2023 PRINTED 7651 QUEST  TECHNOLOGY MANAGEMENT 602 INFORMATION  TECHNOLOGY 521064 22,500.00 239446 10/12/2023 PRINTED 7935 ADRAZEN  NETWORKS LLC 602 INFORMATION  TECHNOLOGY 521084 2,218.04 239322 10/05/2023 PRINTED 6094 CI  TECHNOLOGIES, INC 602 INFORMATION  TECHNOLOGY 521084 1,948.38 239338 10/05/2023 PRINTED 7769 FIRST  AMERICAN DATA TREE, LLC 602 INFORMATION  TECHNOLOGY 521084 500.00 239338 10/05/2023 PRINTED 7769 FIRST  AMERICAN DATA TREE, LLC 602 INFORMATION  TECHNOLOGY 521084 500.00 239405 10/05/2023 PRINTED 8133 PACKET  FUSION, INC 602 INFORMATION  TECHNOLOGY 521084 1,232.50 239424 10/05/2023 PRINTED 6144 CHARTER  COMMUNICATIONS 602 INFORMATION  TECHNOLOGY 524004 283.89 239356 10/05/2023 PRINTED 8306 INSIGHT  PUBLIC SECTOR INC 602 INFORMATION  TECHNOLOGY 524004 12,719.36 239426 10/05/2023 PRINTED 4707 T ‐MOBILE USA 602 INFORMATION  TECHNOLOGY 524006 69.30 239440 10/05/2023 PRINTED 2132 VERIZON  WIRELESS 602 INFORMATION  TECHNOLOGY 524006 3,162.83 239424 10/05/2023 PRINTED 6144 CHARTER  COMMUNICATIONS 602 INFORMATION  TECHNOLOGY 524008 302.18 239424 10/05/2023 PRINTED 6144 CHARTER  COMMUNICATIONS 602 INFORMATION  TECHNOLOGY 524008 4,312.87 239325 10/05/2023 PRINTED 6352 CROWN  CASTLE FIBER LLC 602 INFORMATION  TECHNOLOGY 524008 2,400.00 239325 10/05/2023 PRINTED 6352 CROWN  CASTLE FIBER LLC 602 INFORMATION  TECHNOLOGY 524008 2,400.00 239340 10/05/2023 PRINTED 6225 FRONTIER  CALIFORNIA, INC 602 INFORMATION  TECHNOLOGY 524008 241.94 239341 10/05/2023 PRINTED 6225 FRONTIER  CALIFORNIA, INC 602 INFORMATION  TECHNOLOGY 524008 548.94 239432 10/05/2023 PRINTED 8039 TOSIBOX  INC 602 INFORMATION  TECHNOLOGY 524008 768.00 239423 10/05/2023 PRINTED 6493 SOUTH  COAST COPY SYSTEMS 602 INFORMATION  TECHNOLOGY 524022 1,046.31 239411 10/05/2023 PRINTED 5051 QUADIENT  LEASING USA, INC 602 INFORMATION  TECHNOLOGY 524024 1,039.32 239424 10/05/2023 PRINTED 6144 CHARTER  COMMUNICATIONS 602 INFORMATION  TECHNOLOGY 524026 686.23 239342 10/05/2023 PRINTED 6225 FRONTIER  CALIFORNIA, INC 602 INFORMATION  TECHNOLOGY 524026 72.84 239343 10/05/2023 PRINTED 6225 FRONTIER  CALIFORNIA, INC 602 INFORMATION  TECHNOLOGY 524026 126.36 239344 10/05/2023 PRINTED 6225 FRONTIER  CALIFORNIA, INC 602 INFORMATION  TECHNOLOGY 524026 37.23 239435 10/05/2023 PRINTED 6709 TYLER  TECHNOLOGIES INC 602 INFORMATION  TECHNOLOGY 531018 1,480.00 239435 10/05/2023 PRINTED 6709 TYLER  TECHNOLOGIES INC 602 INFORMATION  TECHNOLOGY 531018 5,920.00 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 602 INFORMATION  TECHNOLOGY 531033 517.40 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 602 INFORMATION  TECHNOLOGY 531033 153.15 9 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 27 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239313 10/05/2023 PRINTED 6585 AMAZON  CAPITAL SERVICES, INC. 602 INFORMATION  TECHNOLOGY 531060 46.52 239321 10/05/2023 PRINTED 603 CDW  GOVERNMENT 602 INFORMATION  TECHNOLOGY 555011 145,982.84 239324 10/05/2023 PRINTED 6402 CONVERGEONE,  INC 602 INFORMATION  TECHNOLOGY 555011 4,232.11 602 Total 239,348.54
239329 10/05/2023 PRINTED 4699 DEKRA ‐LITE INDUSTRIES INC. 604 BUILDINGS  AND GROUNDS 521064 4,597.78 239329 10/05/2023 PRINTED 4699 DEKRA ‐LITE INDUSTRIES INC. 604 BUILDINGS  AND GROUNDS 521064 7,997.95 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 604 BUILDINGS  AND GROUNDS 523015 3,681.25 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 17.25 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 99.03 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 53.59 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 86.31 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 66.48 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 83.37 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 20.90 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 19.07 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 26.59 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 48.25 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 610.17 239428 10/05/2023 PRINTED 409 SO  CAL GAS 604 BUILDINGS  AND GROUNDS 523018 150.15 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 5.42 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 139.77 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 11.94 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 30.79 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 267.64 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 21.72 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 13.03 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 51.53 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 324.08 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 60.51 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 17.30 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 60.85 239351 10/05/2023 PRINTED 101 HOME  DEPOT CREDIT SERVICES 604 BUILDINGS  AND GROUNDS 531054 12.29 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 604 BUILDINGS  AND GROUNDS 531054 888.16 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 604 BUILDINGS  AND GROUNDS 531054 721.59 239402 10/05/2023 PRINTED 5198 NAPA  AUTO PARTS 604 BUILDINGS  AND GROUNDS 555007 6,984.49 239419 10/05/2023 PRINTED 5876 SANTANDER  LEASING LLC 604 BUILDINGS  AND GROUNDS 561003 26,047.60 239419 10/05/2023 PRINTED 5876 SANTANDER  LEASING LLC 604 BUILDINGS  AND GROUNDS 561006 255.30 604 Total 53,472.15
239350 10/05/2023 PRINTED 6418 HERC  RENTALS INC. 605 FLEET  MAINTENANCE 523036 3,913.45 239425 10/05/2023 PRINTED 836 SUNLINE  TRANSIT AGENCY 605 FLEET  MAINTENANCE 531012 4,054.56 239425 10/05/2023 PRINTED 836 SUNLINE  TRANSIT AGENCY 605 FLEET  MAINTENANCE 531012 3,579.67 239420 10/05/2023 PRINTED 6666 SC  FUELS 605 FLEET  MAINTENANCE 531030 966.74 239421 10/05/2023 PRINTED 7680 SC  FUELS 605 FLEET  MAINTENANCE 531030 84.10 239490 10/12/2023 PRINTED 6666 SC  FUELS 605 FLEET  MAINTENANCE 531030 9,991.03 10 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 28 of 102 WARRANT REGISTER 09/29/2023‐10/12/2023
CHECK
NUMBER
CHECK DATE CHECK  TYPE VENDOR
NUMBER
VENDOR NAME ORG ORG  DESCRIPTION OBJECT PROJECT  AMOUNT 239491 10/12/2023 PRINTED 7680 SC  FUELS 605 FLEET  MAINTENANCE 531030 145.23 239491 10/12/2023 PRINTED 7680 SC  FUELS 605 FLEET  MAINTENANCE 531030 333.08 239490 10/12/2023 PRINTED 6666 SC  FUELS 605 FLEET  MAINTENANCE 531030 3,118.49 239421 10/05/2023 PRINTED 7680 SC  FUELS 605 FLEET  MAINTENANCE 531030 657.35 239420 10/05/2023 PRINTED 6666 SC  FUELS 605 FLEET  MAINTENANCE 531030 2,338.05 239420 10/05/2023 PRINTED 6666 SC  FUELS 605 FLEET  MAINTENANCE 531030 12,633.42 605 Total 41,815.17
239464 10/12/2023 PRINTED 8343 INDIO  LAND VENTURES LLC 758 CFD  2004‐3 TERRA LAGO REFI 208005 30,286.91 758 Total 30,286.91
239437 10/05/2023 PRINTED 4854 U.S.  BANK "CALCRD" CORP. PMT. SYS. 999 TREASURY  FUND 201998 28,567.34 999 Total 28,567.34
Grand Total 6,503,767.21
11 of 11

AGENDA ITEM #10.3
City Warrants from 09.29.23 thru 10.12.23 (Rob Rockwell, Assistant City ... Page 29 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Reymundo Trejo, P.E., IWA General Manager
Subject: IWA Warrants from 09.21.23 thru 10.04.23
ATTACHMENTS:

IWA Warrants Period 09.21.23 thru 10.04.23
APPROVAL(S):

Samantha Lopez, Finance Manager Approved - 12 Oct 2023
AGENDA ITEM #10.4
IWA Warrants from 09.21.23 thru 10.04.23 (Rey Trejo, IWA General Manager... Page 30 of 102

AGENDA ITEM #10.4
IWA Warrants from 09.21.23 thru 10.04.23 (Rey Trejo, IWA General Manager...Page 31 of 102

AGENDA ITEM #10.4
IWA Warrants from 09.21.23 thru 10.04.23 (Rey Trejo, IWA General Manager...Page 32 of 102

AGENDA ITEM #10.4
IWA Warrants from 09.21.23 thru 10.04.23 (Rey Trejo, IWA General Manager...Page 33 of 102

AGENDA ITEM #10.4
IWA Warrants from 09.21.23 thru 10.04.23 (Rey Trejo, IWA General Manager...Page 34 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID) Reimbursement of $340,979.17 as part of the Public Safety Campus Project.

RECOMMENDATION:

Approve the Tilden-Coil Constructors' Imperial Irrigation District (IID) Reimbursement in the amount of $340,979.17 as part of the Public Safety Campus Project.

SUMMARY:

On August 25, 2023, the Imperial Irrigation District (IID) provided the fourth construction fee for mitigation and backbone power requirements, crucial for energizing the new Public Safety Campus buildings. Normally, this process aligns with the arrival of electrical gear on-site and the completion of inspections. However, recognizing the project's significance, IID has made special considerations and is prepared to expedite the work schedule and complete the backbone that typically spans up to 40 days following fee payment. Notably, the substantial $340,979.17 necessitates council approval, potentially leading to delays in IID's involvement. To ensure minimal disruptions and to maintain the project's timeline, Tilden-Coil, the project contractor, has proactively covered the invoice, thus mitigating a potential eight-week setback. This collaboration underscores the commitment to the timely completion of the Public Safety Campus and its benefits for the City of Indio.

BACKGROUND INFORMATION:

In April of 2022, the City Council took a significant step by awarding the construction contract for the highly anticipated new Public Safety Campus to Tilden-Coil. This marked the commencement of a project that has been long-awaited by the community. In June of the same year, the City of Indio proudly broke ground on the new Public Safety Campus, signifying the commencement of construction activities. The project timeline has been diligently planned, with an expected completion date set for the spring of 2024.

Recently, on August 25, 2023, the Imperial Irrigation District (IID) played a crucial role in advancing the project. IID provided the fourth construction fee installment, which is vital for mitigation and backbone power requirements that will ultimately energize the campus's buildings. Typically, this phase in the process occurs once the necessary electrical gear is on-site, and inspections have been successfully completed. However, in recognition of the project's significance and importance to the City of Indio, IID has made exceptions and is prepared to expedite the work schedule to complete the backbone power requirements, a process that can span up to 40 days once the requisite fees are paid.

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 35 of 102 The amount required for this significant step in the project, totaling $340,979.17, necessitates council approval due to its substantial nature. It's essential to acknowledge that this financial transaction would potentially result in a delay in initiating IID's critical work for the project. However, to ensure the project's timeline remains on track and to minimize any potential delays, Tilden-Coil, in their commitment to serving both the project and the community of Indio, proactively covered the invoice. This strategic decision has not only showcased their dedication but also preserved valuable time, potentially saving at least seven weeks of construction delays. This collaboration underscores the shared commitment of all stakeholders involved in making the new Public Safety Campus a reality for the benefit of Indio and its residents.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$340,979.17 In current year budget: Yes
Current FY General
Fund Impact:
0 Budget adjustment: No
Next FY Financial
Impact:
0 Strategic Objective: Public Safety
Source of funds: 2022 Lease Revenue Bonds Fund-Org-Object Reference:

Lease Revenue Bonds

ALTERNATIVES:

Not approve the Tilden-Coil Constructors Imperial Irrigation District Reimbursement.

ATTACHMENTS:

Attachment 1 - Tilden Coil Invoice

APPROVAL(S):

Scott Trujillo, Deputy City Manager Approved - 06 Oct 2023 Steven Graham, City Attorney Approved - 09 Oct 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Pending Adrienne Aguilar, Finance Technician II Pending
Samantha Lopez, Finance Manager Pending
Glendale Berdan, Accountant Pending
Alan Garcia, Accountant Pending
Javier Estrada, Senior Accountant Pending
Bryan H. Montgomery, City Manager None
Scott Trujillo, Deputy City Manager None
Rob Rockwell, Asst. City Manager & Dir. Of Finance None

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 36 of 102 BILL TO:

CITY OF INDIO INVOICE DATE:
100 CIVIC CENTER MALL
PO DRAWER 1788
INDIO, CA 92201 PERIOD ENDING
TCC PROJECT # 21-022.99
REMIT TO: APPLICATION # DR01
TILDEN-COIL CONSTRUCTORS, INC.
3612 MISSION INN AVE.

RIVERSIDE, CA 92501
TOTAL DIRECT REIMBURSABLES EXPENDED TO DATE:

LESS PREVIOUS APPLICATIONS FOR PAYMENT:

CURRENT PAYMENT DUE:

REVIEWED BY:

TILDEN-COIL CONSTRUCTORS, INC. DATE

CITY OF INDIO DATE

OUTSTANDING APPLICATIONS FOR PAYMENT
APP # INVOICE DATE PERIOD ENDING
9/1/2023

APPLICATION AND

CERTIFICATE FOR PAYMENT

INDIO PUBLIC SAFETY CAMPUS

DIRECT REIMBURSABLES
8/31/2023
AMOUNT
340,979.17$
-
340,979.17$
DocuSign Envelope ID: 73E6C6B2-96F1-40BE-8CB5-61BE72FA994C 9/1/2023 | 2:59 PM PDT

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 37 of 102 INDIO PUBLIC SAFETY CAMPUS PERIOD ENDING 8/31/2023
DIRECT REIMBURSABLES EXPENDED TO DATE TCC PROJECT # 21-022.99 APPLICATION # DR01

DESCRIPTION COST
CODE

PREVIOUSLY
DRAWN
THIS
PERIOD

TOTAL TO
DATE
Permits/ Fees/ Licensing 01-20-95 -$ 340,979.17$ 340,979.17$ -$ 340,979.17$ 340,979.17 PROJECT TOTALS DocuSign Envelope ID: 73E6C6B2-96F1-40BE-8CB5-61BE72FA994C

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 38 of 102 INDIO PUBLIC SAFETY CAMPUS PERIOD ENDING 8/31/2023
DIRECT REIMBURSABLES DETAIL TCC PROJECT # 21-022.99
APPLICATION # DR01

MATERIAL DETAIL

VENDOR INVOICE COST
CODE

INVOICE
DATE
TOTAL

UNITS UNIT COST INVOICE
AMOUNT
IMPERIAL IRRIGATION DISTRICT 4031148 01-20-95 8/25/2023 340,979.17$ MATERIAL TOTAL 340,979.17$
DocuSign Envelope ID: 73E6C6B2-96F1-40BE-8CB5-61BE72FA994C

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 39 of 102 TILDEN-COIL CONSTRUCTORS, INC.

INDIO PUBLIC SAFETY CAMPUS

CITY OF INDIO
Conditional Waiver and Release Number: DR01

CITY OF INDIO
TILDEN-COIL CONSTRUCTORS, INC.

This document does not affect any of the following:
(1)
(2) Extras for which the claimant has not received payment. (3)

$ # -
(4)
Date of Signature:
-
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Amount(s) of unpaid progress payment(s): - - Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant's Signature:

Exceptions
Retentions.

Date(s) of waiver and release: None
Claimant's Title: Chief Financial Officer
Maker of Check:

Amount of Check: $340,979.17
Check Payable to:

The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:

Job Location:

Owner:

Through Date: 8/31/2023

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
California Civil Code Section 8132
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP

PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

DocuSign Envelope ID: 73E6C6B2-96F1-40BE-8CB5-61BE72FA994C 9/1/2023 | 2:59 PM PDT

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 40 of 102

DESCRIPTION COST
Engineering Fee $ 3,000.00
Engineering Fee Paid $ 3,000.00-
Engineering Fee Credit $ 3,000.00-
Engineering $ 1,808.70
UG/OH Construction $ 124,434.20
UG/OHTransportation $ 52,760.49
UG/OH Materials $ 103,495.62
G&A OH $ 57,080.16
Permits (2 Pgs & 8 Days) $ 4,400.00
BUSINESS PARTNER # 3000082
CITY OF INDIOBRYAN MONTGOMERY-CITY MGRATTN: FINANCE DEPARTMENT100 CIVIC CENTER MALLINDIO CA 92201 AMOUNT DUE: $340,979.17

IMPERIAL IRRIGATION DISTRICT
81600 AVENUE 58
LA QUINTA, CA 92253, PHONE: (760) 398-5841
THIS ESTIMATE IS SUBJECT TO REVIEW IF PAYMENT IS NOT RECEIVED BY 02/21/2024 DATE: August 25, 2023
SERVICE NOTIFICATION # 4031148
PROJECT LOCATION:JACKSON ST & DR CARREONINDIO CA 92201
PROJECT DESCRIPTION:INDIO PUB. SAFETY CAMPUS
TOTAL AMOUNT DUE $ 340,979.17
DocuSign Envelope ID: 73E6C6B2-96F1-40BE-8CB5-61BE72FA994C

AGENDA ITEM #10.5
Approval of Tilden-Coil Constructors' Imperial Irrigation District (IID)... Page 41 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG), in an amount not to exceed Indio of City of the co-location related work for $900,000, to broadband fiber with the construction of CV Sync Phase II and authorize the City Manager to negotiate and sign the final agreement
RECOMMENDATION:

Approve an Agency Reimbursement Agreement by and between the City of Indio and the Coachella Valley Association of Governments (CVAG), in an amount not to exceed $900,000, for work related to the co-location of City of Indio broadband fiber with the construction of CV Sync Phase II and authorize the City Manager to negotiate and sign the final agreement.

SUMMARY:

On July 18, 2023, the City received a cost proposal from CVAG for the installation of innerducts to be co-located and installed at the same time as their traffic signal synchronization project – Phase II (CV Sync II), which is currently under construction in other parts of the valley. See Attachment 1.

Several options presented in the proposal were evaluated by staff and our fiber master plan consultants, to best leverage City funds and the implementation of Fiber Master Plan goals. Option 2A best achieves what the City would like to accomplish to meet those goals. CVAG has provided an to regarding details final negotiate need both will parties however proposal, initial still maintenance, labeling conventions, and repairs.

BACKGROUND INFORMATION:

The City’s Broadband Master Plan was approved in August 2022, with the purpose to encourage the development of reliable and cost-effective broadband services in the City of Indio. City staff engaged with CVAG on how to best coordinate its broadband plans with their CV Sync II project. Because their Indio of City installing signals, broadband interconnecting conduits has project traffic broadband innerducts at the same time would be a cost savings to the City of Indio and minimize construction impacts to traffic on our busiest roads.

On June 26, 2023, the CVAG Executive Committee authorized their Executive Director to take the necessary steps to execute a contract change order with their contractor, for the co-location of City of Indio broadband innerducts with the CV Sync II Project. See Attachment 2.

In reviewing the following City priorities; (1) grants from the Federal Infrastructure bill to bring broadband to disadvantage communities, (2) the State’s middle mile project, (3) options for public- AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 42 of 102 private partnerships for last-mile service connections, (4) the City funds approved in this year’s budget, and (5) the overall buildout of the 2021 Fiber Master Plan, staff requested CVAG to provide us price quotes for three options for the City to include in our grant application.

The first two options are to pull different sized innerducts in conduits currently being installed by CVAG at the same time their contractor is doing work for their traffic signal synchronization project.

The third option would install innerducts as a separate move in after the contractor has installed their facilities, with a 432-strand fiber bundle.

CVAG is currently under contract with Crosstown Electrical & Data, Inc., to install Phase II of the CV Sync project. They have been working in other Cities of the Coachella Valley and will be mobilized in the City of Indio in approximately 60 days. The City and CVAG have been working together to analyze the existing system and construction plans for the CVAG project.

Based on the capacity of existing conduits, our fiber master plan consultants recommend that we go with option 2A. Since the contractor is already mobilized, doing the work as a change order would save the City money. This option will also install vital infrastructure that the City will build off of for our California Public Utilities Commission Federal Funding Account grant, which the City applied for last month. This grant is targeted to bring last mile broadband service to disadvantaged communities.

Materials and parts need to be ordered to allow enough lead time for it to arrive when the contractor moves into the City of Indio. Approval of this item will allow the contractor to order these items, while the City and CVAG work out the final language of the Agency Reimbursement Agreement.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$900,000 In current year budget: Yes
Current FY General
Fund Impact:
$900,000 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: CIP Funds Fund-Org-Object
Reference:
300-523006
Additional Financial Details:

As a part of the current FY2024 budget, $900,000 was set aside for City Project No. ST2414, Fiber Optic Installations.

ATTACHMENTS:

Attachment 1
Attachment 2
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 11 Oct 2023 Steven Graham, City Attorney Approved - 11 Oct 2023

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 43 of 102 Glendale Berdan, Accountant Approved - 11 Oct 2023
Bryan H. Montgomery, City Manager Approved - 11 Oct 2023

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 44 of 102 ATTACHMENT 1
CROSSTOWN ELECTRICAL & DATA INC.

PROPOSAL TO INSTALL FIBER OPTIC CABLE

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 45 of 102 Contractor’s License Number 756309
DIR Registration No. 1000000155
5454 Diaz Street, Irwindale, CA 91706
Phone: (626) 813-6693
Fax (626) 869-0192
Ju
ly 18, 2023 Serial Letter Number 4919-003
Mr
. Justin Schlaefli
Resident Engineer
TKE Engineering, Inc.
73710 Fred Waring Drive
Palm Desert, CA 92260
R
E: CVAG Traffic Signal Synchronization Project Phase II (CV Sync II) Proposal to Install Fiber Optic Cable in Indio
D
ear Mr. Schlaefli:

P
er your request for pricing to furnish and install fiber optic cable in the city of Indio in the same conduit that we are installing cable in for CVAG Phase 2, we have developed three separate options.

O
ption 1 – Furnish and install MaxCell 1.75” Innerduct and Corning 144 fiber cable 144ZU4-T4722D20 144 Fiber Cable with SMF-28 Ultra Fiber (.62” diameter) O
ption 2 – Furnish and install Duraline one way duct and Corning 144 Fiber Cable 144ZM4-T4F22A20 MiniXtend cable with SMF-28 Ultra Fiber (.32” diameter) O
ption 3 – Furnish and Install Duraline one way duct and Corning 432 Fiber cable - 432ZH4-S4F40A20 MiniXtend fiber cable with SMF-28 Ultra Fiber (.43” Diameter) S
cope of Work (Option1)

1.) Perform on- reel testing of the fiber optic cable and provide test documentation per CVAG specifications.

2.) Install 1.75” MaxCell duct in the same operation as the installation of the CVAG fiber optic cable.

3.) Furnish and install vaults during same operation and the installation of the CVAG Vaults.

4.) Install 144 fiber optic cable in MaxCell duct shortly after the installation of the CVAG 144 fiber cable.

5.) P erform post-installation testing on all sections of cable per the CVAG Specification.

6.) Cable will be left in the vault with 50 feet of each cable end unspliced and coiled.

P
ricing, Option 1:

OPTION 1A - Furnish and Install Maxcell and Vaults only.

Furnish and Install 154,000' of 1.75"
Maxcell with Muletape 154,000 4.30$ 662,200.00$ Furnish and install vaults per CVAG
Specifications in Dirt Parkway 34 5,200.00$ 176,800.00$ 839,000.00$ Total Maxcell and Vaults Only

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 46 of 102

Contractor’s License Number 756309
DIR Registration No. 1000000155
5454 Diaz Street, Irwindale, CA 91706
Phone: (626) 813-6693
Fax (626) 869-0192

Scope of Work (Option 2):

1.) Perform on- reel testing of the fiber optic cable and provide test documentation per the CVAG specifications.

2.) Install Duraline one way (single cell) duct after installing CVAG fiber optic cable.

3.) Furnish and install vaults during same operation and the installation of the CVAG Vaults.

4.) Install Corning 144 fiber MiniXtend cable in the Duraline duct by the air blown method.

5.) Perform post-installation testing on all sections of cable per the CVAG Specification.

6.) Cable will be left in the vault with 50 feet of each cable end unspliced and coiled.

Pricing, Option 2:

OPTION 1B - Furnish and Install Maxcell, Vaults, and Cable. Test and doc.

Furnish and Install 154,000' of 1.75"
Maxcell with Muletape 154,000 4.30$ 662,200.00$ Furnish and install vaults per CVAG
Specifications in Dirt Parkway 34 5,200.00$ 176,800.00$ Furnish and Install 154,000' of 144
Fiber Cable in Maxcell 154,000 5.80$ 893,200.00$ On-Reel testing, After Placement
Testing, Documentation 1 68,000.00$ 68,000.00$
1,800,200.00$ Total Maxcell, Vaults, 144 fiber cable, and Testing OPTION 2A
Furnish and Install 154,000' of
Duraline one way duct 154,000 3.65$ 562,100.00$ Furnish and install vaults per CVAG
Specifications in Dirt Parkway 34 5,200.00$ 176,800.00$ 738,900.00$
OPTION 2B
Furnish and Install 154,000' of
Duraline one way duct 154,000 3.75$ 577,500.00$ Furnish and install vaults per CVAG
Specifications in Dirt Parkway 34 5,200.00$ 176,800.00$ Furnish and Install 154,000' of
Corning 144 Fiber MiniXtend Cable 154,000 6.30$ 970,200.00$ On-Reel testing, After Placement
Testing, Documentation 1 68,000.00$ 68,000.00$
1,792,500.00$
Total Duraline Duct and Vaults Only
Total Duraline Duct, Vaults, 144 fiber cable, and Testing

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 47 of 102

Contractor’s License Number 756309
DIR Registration No. 1000000155
5454 Diaz Street, Irwindale, CA 91706
Phone: (626) 813-6693
Fax (626) 869-0192

Scope of Work (Option 3):

1.) Perform on- reel testing of the fiber optic cable and provide test documentation per the CVAG specifications.

2.) Install Duraline one way (single cell) duct after installing CVAG fiber optic cable.

3.) Furnish and install vaults during same operation and the installation of the CVAG Vaults.

4.) Install Corning 432 fiber MiniXtend cable in the Duraline duct by the air blown method.

5.) Perform post-installation testing on all sections of cable per the CVAG Specification.

6.) Cable will be left in the vault with 50 feet of each cable end unspliced and coiled.

Pricing, Option 3:

If the vaults cannot be placed in the dirt parkway because of utility obstructions or for any other reason, the incremental price to install them in the sidewalk a minimum of 10 feet away from the CVAG pullbox is $1,700 per vault. This includes removal, disposal, and replacement of the sidewalk.

Pricing includes all labor, material, equipment, sales taxes, shipping, payment and performance bonds, and traffic control. All wages will be prevailing wages per the DIR at the time the work is performed.

Cable to be paid by footage markings on the cable, and payment shall include cable that is coiled in vaults and intermediate pullboxes.

The cable in each intermediate pullbox will be tagged to identify it as property of the City of Indio.

This pricing is only valid if the work is performed along with the work included in the CV AG Phase 2 contract.

This proposal does not include any splicing or termination. All sections of fiber optic cable will be installed vault to vault, cut, and left coiled in each vault for further splicing by others.

This pricing assumes that Material-on-Hand will be paid as material is delivered to Crosstown’s warehouse in Palm Desert.

OPTION 3A
Furnish and Install 154,000' of
Duraline one way Duct 154,000 3.75$ 577,500.00$ Furnish and install vaults per CVAG
Specifications in Dirt Parkway 34 5,200.00$ 176,800.00$ 754,300.00$
OPTION 3B
Furnish and Install 154,000' of
Duraline one way Duct 154,000 3.65$ 562,100.00$ Furnish and install vaults per CVAG
Specifications in Dirt Parkway 34 5,200.00$ 176,800.00$ Furnish and Install 154,000' of
Corning 432 Fiber MiniXtend Cable 154,000 11.60$ 1,786,400.00$ On-Reel testing, After Placement
Testing, Documentation 1 198,000.00$ 198,000.00$
2,723,300.00$
Total Duraline Duct and Vaults Only
Total Maxcell, Vaults, 432 fiber cable, and Testing

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 48 of 102

Contractor’s License Number 756309
DIR Registration No. 1000000155
5454 Diaz Street, Irwindale, CA 91706
Phone: (626) 813-6693
Fax (626) 869-0192

Exclusions: Permits, Fees, traffic control plans (assume that the CVAG plans can be used).

This pricing is valid through December 31,2024.

Regards,

David P. Heermance
Crosstown Electrical & Data, Inc.

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 49 of 102 ATTACHMENT 2

CVAG MEMO - CV SYNC,EGIONAL AND LOCAL

BROADBAN INITIATIVE

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 50 of 102

MEMORANDUM

TO: CVAG Agency Public Works and IT Leaders
FROM: Jonathan Hoy, Director of Transportation
CC: Tom Kirk, Executive Director
DATE: June 30, 2023
RE: CV Sync Project, Regional and Local Broadband Initiatives

On June 26, the CVAG Executive Committee authorized staff to take the necessary steps to execute a contract change order with CVAG’s CV Sync Phase II contractor to provide for the co- location of City of Indio broadband fiber with CVAG’s project, including executing a reimbursement agreement with the City of Indio to cover all costs associated with the co-location; and to execute similar agreements with other jurisdictions should the opportunity arise. Refer to the attached staff report.

There are a several details that are being worked out before th e co-location can take place , including CVAG perform ing a capacity analysis to ensure that there is room for additional broadband cable in the conduit to be used for CV Sync ; and Indio agreeing to the cost for the proposed work . The City is planning t o use local funds to pay for the construction of the broadband fiber.

The development of high-speed broadband internet access in the Coachella Valley continues to be a priority for member jurisdictions. In April, the CVAG Executive Committee authorized staff to take the necessary actions to accept $978,460 to conduct a Coachella Valley Broadband Strategic Plan. The funding comes from the California Public Utilities Commission (“CPUC”) Local Agency Technical Assistance (“LATA”) grant program. CVAG will be engaging all member jurisdictions on the strategic plan, which will deliver a collaborative vision and roadmap , and shovel-ready designs for expanding broadband to under served and underserved parts of the Coachella Valley. Work on the plan is expected to start in November, 2023.

At the same time, several individual jurisdictions have been pursuing their own grants to fund the deployments of last-mile broadband within their right -of way. The cities of Indio, Palm Springs and Coachella have also been awarded LATA grant funding for these efforts.

If feasible, the design solution for the co -location of fiber with the City of Indio could serve as a template for other member jurisdictions interested in placing their own last-mile broadband fiber.

The CV Sync contractor is already engaged in field construction activities and while there is time

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 51 of 102

Memo to CVAG Member Cities
CV Sync Project, Regional and Local Broadband Initiatives

to consider co-location activities with municipalities, the window of opportunity is limited. As such, I am reaching out to each of you to gauge your interest in investigating the feasibility of co-locating broadband fiber optic cable with the CV Sync project.

If you have interest, please contact me, Eric Cowle, or Randy Bowman at your soonest possible convenience. Our contact information follows:

Jonathan Hoy: [email protected]; (760) 346-1127 Ext. 104 Eric Cowle (CV Sync): [email protected]; (760) 346-1127 Ext. 300 Randy Bowman (Broadband): [email protected]; (760) 346-1127 Ext. 125

Cc: Eric Cowle, Transportation Program Manager
Randy Bowman, Transportation Program Manager

Attachment

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 52 of 102 ITEM 7E
Coachella Valley Association of Governments
Executive Committee
June 26, 2023

STAFF REPORT

Subject: Broadband installation in the City of Indio

Contact: Eric Cowle, Transportation Engineer ([email protected])

Recommendation: Authorize the Executive Director to take the necessary steps to execute a contract change order with Crosstown Electric and Data, Inc. that provides for the co-location of City of Indio Broadband fiber with cons truction of CV Sync P hase II, including executing a reimbursement agreement with the City of Indio to co ver all costs associated with t he co- location; and to execute similar agreements with other jurisdictions should the opportunity arise

Background: The development of high-speed broadband internet access in th e Coachella Valley co ntinues to be a prio rity for member jurisdictions. In April , the CVAG Executive Committee authorized the Executive Director to take the necessary actions to accept $978,460 to conduct a Coachella Val ley B roadband Strategic Plan, including executing the necessary grant agreement with the California Public Utilities Commission’s (CPUC) Local Agency Technical Assistance grant program . At the same time, several individual jurisdictions have been pursuing their own grants to fund the deployments of last-mile broadband within their right- of way.

The City of Indio recently applied for and secured a CPUC grant to plan and design broadband to unserved and underserved areas. As the Cit y detailed in its gra nt application, “the overall purpose of the project is to encourage the development of reliable and cost-effective broadband services, which will have a positive economic and social impact on local economies, enhancing a community’s quality of life through expanded innovation opportunities, workforce development training, educational opportunities, the narrowing of the digital divide, and improved organizational operation efficiencies .” The City’s Broadband Master Plan was approved in August 2022.

City staff re cently approached CVAG staff about how to best coordinate its broadband plans with CV Syn c and Phase II of the regional signal sync hronization project. The City is also interested in co-locating the City’s broadband fiber with CVAG’s CV Sync fiber. Phase II of CV Sync is already underway, and CVAG’s contractor, Crosstown Electric & Data, Inc. p lans to be mobilized in the City of Indio this fall.

To ensure Indio’s project does impact the CV Sync Phase II schedule, agreements must be reached in the coming months. Three meetings have taken place since Friday , June 9 th between CVAG, the City and the design consultants from both sides. The urgency of the opportunity necessitated bringing this item to the June Executive Committee meeting without having been presented to the Trans portation Committee, which met on June 5 . Awaiting

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 53 of 102 September committee meetings may have resulted in additional costs and/or delays to both CVAG and the City.

Staff would note that there are a severa l details that must be answered befo re this co-location can take place. CVAG must perform a capacity analysis to ensure that there is room in the conduit to be used for CV Sync. Crosstown must develop a cost for the proposed work and the City must agree to it. The City plans to use local funds to pay for the construction of the broadband fiber. If feasible, the design solution for the co- location of fiber with the City of Indio could serve as a template for other member jurisdictions interested in placing their own last-mile broadband fiber.

CVAG staff is optimistic these details can be finalized before Crosstown mobilizes in the City of Indio this fall. Howe ver, since the Executive Committee is not scheduled to meet over the summer, CVAG s taff is recommending that the Executive Director be authorized to execute a contract change order with Crosstown for the construction. This would include a corresponding Reimbursement Agreement with the City of Indi o to cover all cost s associated with the change order and any other ancillary costs tied t o the collaboration. The recommendation includes the authorization for the Executive Direc tor to execute simil ar agreements with other jurisdictions should the opportunities arise.

Fiscal Analysis: There is no additional cost to CVAG as any costs associ ated with the co - location would be covered by the City of Indio. CVAG has an existing construction contract with Crosstown for Phase II of CV Sync. A contract change order will be prepared to cover all of the construction-related expenses necessary to co -locate the City of Indio’ s Broadband fiber with CV Sync’s fiber. These costs would be covered through the reimbursement agreement.

AGENDA ITEM #10.6
Agency Reimbursement Agreement by and between the City of Indio and the ... Page 54 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: authorize and Monument Survey Improvements Street the Accept and release of the Surety for Beazer Homes Holdings, LLC., Tract Map No. 32411 RECOMMENDATION:

Accept the street and survey monument improvements, and authorize release of the surety for Beazer Homes Holdings, LLC., Tract Map No. 32411 (Barcelona), located on the south side of Avenue 50 west of Jackson Street.

SUMMARY:

Barcelona, Tract Map No. 32411, is a single-family subdivision located on the south side of Avenue 50 west of Jackson Street. Beazer Homes Holdings, LLC., the developer, has completed the street and survey monument improvements associated with the above referenced subdivision and is requesting City Council acceptance and release of the surety bonds.

BACKGROUND INFORMATION:

Beazer Homes Holdings, LLC., has completed the street and survey monument improvements at Barcelona for Tract Map No. 32411. The following improvements, in part, were required as conditions of the approved Tentative Tract Map No. 32411:

a. Construction of street improvements that include asphalt pavement, curb, and gutter throughout the subdivision.
b. Installation of survey monuments per the approved final Tract Map No. 32411.

These improvements are now ready for acceptance and, as is customary; the developer is requesting release of the posted surety bonds. The developer has also posted maintenance bonds for the improvements. Staff is requesting authorization to release those maintenance bonds in one year from the date of acceptance, as long as there are no deficiencies that occur with the improvements within such time frame. If that should occur, the maintenance bonds would not be released in order to ensure maintenance work is conducted.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
AGENDA ITEM #10.7
Accept the Street and Survey Monument Improvements and authorize release... Page 55 of 102 Next FY Financial
Impact:
$0 Strategic Objective:

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

N/A
Additional Financial Details:

There is no financial impact associated with the release of the surety bonds.

ATTACHMENTS:

Attachment 1
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 11 Oct 2023 Steven Graham, City Attorney Approved - 11 Oct 2023
Glendale Berdan, Accountant Approved - 11 Oct 2023
Bryan H. Montgomery, City Manager Approved - 11 Oct 2023

AGENDA ITEM #10.7
Accept the Street and Survey Monument Improvements and authorize release... Page 56 of 102 ATTACHMENT 1

VICINITY MAP

AGENDA ITEM #10.7
Accept the Street and Survey Monument Improvements and authorize release... Page 57 of 102 October 18, 2023 BARCELONA, TRACT MAP No. 32411, IS A SINGLE-FAMILY SUBDIVISION LOCATED ON THE SOUTH SIDE OF AVENUE 50
WEST OF JACKSON STREET. BEAZER HOMES HOLDINGS, LLC.,

THE DEVELOPER, HAS COMPLETED THE STREET AND SURVEY

MONUMENT IMPROVEMENTS ASSOCIATED WITH THE ABOVE

REFERENCED SUBDIVISION AND IS REQUESTING CITY
COUNCIL ACCEPTANCE AND RELEASE OF THE SURETY BONDS.

ATTACHMENT - 1

AGENDA ITEM #10.7
Accept the Street and Survey Monument Improvements and authorize release... Page 58 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Contract Change Order No. 1 in the amount of $104,833.48 with Three Peaks Corp., for the construction of underground conduits, electrical equipment and necessary connections and allocate $43,274.50 to be paid to the Imperial Irrigation District for the miscellaneous materials and metering to energize facilities for the new Living Room Park Improvements Project, City Project No. PK2101.

RECOMMENDATION:

Approve a construction Contract Change Order No. 1 in the amount of $104,833.48 with Three Peaks Corp., for the construction of underground conduits, electrical equipment and necessary connections for District Irrigation Imperial the to to be the $43,274.50 allocate and paid miscellaneous materials and metering to energize facilities for the new Living Room Park Improvements Project, City Project No. PK2101.

SUMMARY:

On November 16, 2022, the City Council awarded a construction contract to Three Peaks Corp. in the amount of $1,747,775 for the construction of the project. In obtaining the necessary permits from the Imperial Irrigation District, it was determined that with all of the new buildings in the downtown area, there is not enough electricity to power the proposed use of the new Living Room Park Improvements. To have enough power for the new City Hall and Library project, the power for the new Living Room Park will now come from across Smurr Street, from a transformer in the lot where the “Colossal Cacti” sculptures are now located.

BACKGROUND INFORMATION:

On August 24, 2023, the Imperial Irrigation District provided the City with the final design plans for the electrical requirements for the new Living Room Park Improvements. All of this proposed work was above what is already included in the project’s original contract. The City asked the contractor to provide a price quote for the proposed work and also reached out to 2 other firms who declined to bid on the job.

Three Peaks Corp.’s proposed Contract Change Order No. 1 (CCO1) includes all labor, materials, and equipment necessary to do the added work required by the new Imperial Irrigation District plans. The total cost for CCO1 is $104,833.48.

In addition to the contractor’s work, IID also has additional fees that need to be paid to bring power to the new Living Room Park Improvements project. IID provided us with an updated cost of AGENDA ITEM #10.8
Contract Change Order No. 1 in the amount of $104,833.48 with Three Peak... Page 59 of 102 $43,274.50 for their services to make this all work. A copy of their invoice is included as Attachment

1. FINANCIAL SUMMARY:

Current FY Financial
Impact:
$148,107.98 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: CIP Funds Fund-Org-Object
Reference:
300-523006
Additional Financial Details:

City Project No. PK2101 has available funds budgeted for this Contract Change Order and additional work by Imperial Irrigation District.

1. City requests to authorize an additional $104,833.48 to Agreement No. 32300094 with Three Peaks Corporation for a new total amount of $1,852,608.48.

2. City requests to allocate $43,274.50 from the Capital Improvement Program Funds for Project No. PK2101 to pay for additional work by Imperial Irrigation District.

ATTACHMENTS:

Attachment 1
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 11 Oct 2023 Steven Graham, City Attorney Approved - 11 Oct 2023
Glendale Berdan, Accountant Approved - 12 Oct 2023
Bryan H. Montgomery, City Manager Approved - 12 Oct 2023

AGENDA ITEM #10.8
Contract Change Order No. 1 in the amount of $104,833.48 with Three Peak... Page 60 of 102 ATTACHMENT 1

IID INVOICE

AGENDA ITEM #10.8
Contract Change Order No. 1 in the amount of $104,833.48 with Three Peak... Page 61 of 102

DESCRIPTION COST
Engineering Overtime Fee $ 1,000.00
Engineering Overtime Fee Paid $ 1,000.00-
Engineering Fee $ 542.61
UG Construction $ 15,183.24
UG Transportation $ 3,483.84
Metering $ 1,974.01
UG Materials $ 29,129.90
G&A OH $ 9,102.06
XFMR Credit $ 16,141.16-
BUSINESS PARTNER # 3000082
CITY OF INDIOBRYAN MONTGOMERY-CITY MGRATTN: FINANCE DEPARTMENT100 CIVIC CENTER MALLINDIO CA 92201 AMOUNT DUE: $43,274.50

IMPERIAL IRRIGATION DISTRICT
81600 AVENUE 58
LA QUINTA, CA 92253, PHONE: (760) 398-5841
THIS ESTIMATE IS SUBJECT TO REVIEW IF PAYMENT IS NOT RECEIVED BY 04/02/2024 DATE: October 05, 2023
SERVICE NOTIFICATION # 4034956
PROJECT LOCATION:45077 SMURR STINDIO CA 92201
PROJECT DESCRIPTION:800 UG 120/208 3 PH CT PARK
TOTAL AMOUNT DUE $ 43,274.50

AGENDA ITEM #10.8
Contract Change Order No. 1 in the amount of $104,833.48 with Three Peak... Page 62 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Ordinance No. 1798: One (1)-Year Extension Request by California REO Acquisition Partners IV, LP of the Administrative Design Review on located Indio Palms (ADR-16-10-405) for Approval Regency Avenue 48 west of its intersection with Monroe Street and comprised of Assessor’s Parcel Numbers 616-200-038, 616-200-039, 616-200-040 and 616- 200-038-140

RECOMMENDATION:

Second Reading of Ordinance No. 1798: One (1)-Year Extension Request by California REO Acquisition Partners IV, LP of the Administrative Design Review Approval (ADR-16-10-405) for Regency Palms Indio located on Avenue 48 west of its intersection with Monroe Street and comprised of Assessor’s Parcel Numbers 616-200-038, 616-200-039, 616-200-040 and 616-200- 038-140

SUMMARY:

California REO Acquisition Partners IV, LP is requesting City Council authorization for a one (1)- year extension of its previous administrative design review approval for Regency Palms Indio.

Council authorization is required as a result of the City Council's prior adoption of Ordinance No. 1757 that extended the expiration of conditional use permit and design review approvals for qualifying projects

BACKGROUND INFORMATION:

On January 11, 2017, the Development Services Director for the City of Indio granted conditional administrative design review approval for Regency Palms Indio. Regency Palms Indio was approved as a 94-unit assisted living and 39-unit dementia care facility with associated accessory uses on approximately 6.01 acres site identified as on Assessor’s Parcel Number 616-200-038, 616-200- 039, 616-200-040 and 616-200-038-140. The total building square footage was comprised of 135,166 square feet in one (1) building with the building heights varying from 18 to 40 feet. On-site building and site features included dining, private lounge, clinic, childcare, salon, fitness center, library and computer room and outdoor recreational amenities. A total of 133 on-site surface parking spaces were proposed to be built to serve the development.

Following this approval, the Development Services Director granted a one (1) year extension of the administrative design review approval on December 26, 2018. The Indio Planning Commission granted an additional one (1) year extension of the administrative design review approval on December 11, 2019.

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 63 of 102

On November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio.

The Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance.

On August 25, 2023, a representative for California REO Acquisition Partners IV, LP submitted a written request for a one (1)-year extension of the previously extended administrative design review approvals. Please note that while the request letter is dated May 26 2023, staff only received it on August 25, 2023 via email.

ATTACHMENTS:

Attachment1_OrdinanceNo1798_RegencyPalmsADR1YearExtension Attachment2_Indio - Entitlement Extension Request - 5-26-23 Attachment3_OrdinanceNo1757
Attachment 4 - ProjectLocationMap

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 64 of 102 1 ORDINANCE NO. 1798

AN ORDINANCE OF THE CITY OF INDIO EXTENDING THE EXPIRATION DATE OF ADMINISTRATIVE DESIGN REVIEW (ADR- 16-10-405) FOR REGENCY PALMS INDIO FROM DECEMBER 31, 2023 TO DECEMBER 31, 2024

WHEREAS, on January 11, 2017, the Development Services Director for the Cit of Indio granted conditional administrative design review approval (ADR- 16-10- 405)l for Regency Palms Indio on Assessor’s Parcel Number 616-200-038 and 616-200- 038-140 comprised of a 94- unit assisted living and 39- unit dementia care facility with associated accessory uses on approximately 6.01 acres site inclusive of a 135,166 square feet building with varying building heights ranging from 18 to 40 feet and on-site dining, private lounge, clinic, childcare, salon, fitness center, library and computer room and outdoor recreational amenities and 133 on-site surface parking spaces; and,

WHEREAS, the Development Services Director granted a one (1) year extension of the aforementioned administrative design review approval on December 26, 2018; and

WHEREAS, t he Indio Planning Commission granted an additional one (1) year extension of the aforementioned administrative design review approval on December 11, 2019; and,

WHEREAS, on August 20, 2020, the City of Indio initiated an uncodified ordinance that would extend the expiration date of certain land use entitlements specifically conditional use permits and design review entitlements up and through December 31, 2023, as long as the entitlement has not expired 30 days from the date of final passage of the uncodified ordinance; and,

WHEREAS, on September 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider its recommendation to the City Council on this uncodified ordinance and after receiving public comments, closed the public hearing, and approved Resolution No. 1963, recommending that the City Council adopt this uncodified ordinance; and,

WHEREAS, on October 21, 2020, the City Council conducted a duly noticed public hearing to consider adoption of this uncodified ordinance; and,

WHEREAS, Ordinance No. 1757 comprising the aforementioned uncodified ordinance became effective on November 4, 2020.

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

Section 1. That the above recitations are true and correct.

Section 2. The City Council finds and determines as follows:

A. The extension request is consistent with the City of Indio General Plan

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 65 of 102 2 2040 (and/or General Plan 2020 as said request will support the City’s economic development by providing additional time for development planning for the subject site that was impacted by external market forces resulting from the COVID -19 pandemic.

Therefore, the City Council finds that the one (1)-year extension request is consistent with the goals, objectives, and policies of the General Plan 2040.

B. The proposed uncodified ordinance is consistent with the objectives of Chapter 6 (Administration + Procedures) of the City of Indio Unifie d Development Code effective October 22, 2022 as it extends the expiration of the land use entitlement previously issued in conformance with the City's Zoning Ordinance. Therefore, the City Council finds that the proposed uncodified ordinance is in consistent with the objectives of the City of Indio Unified Development Code and the purpose of the district in which the site is located.

Section 3. The current extension request was previously covered under the provisions of Ordinance No. 1757 as the consideration of the second extension request was approved by the Indio Planning Commission on December 11, 2019 that was approximately twelve (12) months in advance of the City Council approval of Ordinance No. 1747 meeting the requirement that the project approval had not expired as of 30
days from the date of the final passage of Ordinance No. 1757 and the subject site has been maintained in accordance with Chapters 95A and 950 of the Indio Municipal Code and all fees applicable to the site's development have been paid.

Section 4. The environmental impacts of this uncodified ordinance were analyzed pursuant to the California Environmental Quality Act ( "CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et. seq.). The City Council finds that adoption of this extension request is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because this action will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA. As such, the proposed ordinance is subject to the general rule exemption that states where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that activity is not subject to CEQA.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance. The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 66 of 102 3 PASSED, APPROVED, and ADOPTED this 4th day of October 2023.

___________________________

OSCAR ORTIZ, MAYOR

ATTEST:

__________________________

SABDI SANCHEZ

CITY CLERK ADMINISTRATOR

APPROVED AS TO FORM:

__________________________
STEVEN P. GRAHAM

CITY ATTORNEY

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 67 of 102 CaliforniaREOAcquisitionPartnersIV ,LP190%MainStreet,Smite315,.:l‘.:“v’11“t€,CA926111F:9é9—Z22—9i19F:949-233-4565May26,2023CityoflndioCityCouncil100CivicCenterMallindio,CA92201Re:ADR16-10-405-AdministrativeDesignReviewRegencyPalmsIndia-APNs:616-200-038and040RequestforExtensionofADR16-10-405Expiring12/31/23NewExpirationDateRequested:12/31/24DearlndioCityCouncilmembers,CaliforniaREOAcquisitionPartnerslV ,LP(the”Owner”)expressessinceregratitudetotheCityforgrantinganextensionofADR16-10-405untilDecember31,2023,aswellasacknowledgingthepreviousextensionsthathavebeenapproved.Throughouttheyears,thisprojecthasfacednumerouschallengesandobstacles.Originally,theentitlementfortheSelectCareCenterwasgrantedin2015underdifferentownership.InDecember2015,thepropertywaspurchasedbythecurrentownerwhosoughtadvicefromaNationalAssistedLiving/MemoryCareOperator.Uponreviewingtheplansandapprovals,theOperatorrecommendedcertainprogramchanges.Consequently,theownerengagedconsultantsandengineerstomodifytheplans,whichweresubsequentlysubmittedtotheCityforPlanCheck.However,theProjectexperiencedsignificantdelaysduetotheCOVlD-19pandemicandthesubsequenthealthemergenciesandordersissued.Overaperiodofapproximately18months,.theprojectcametoastandstill.ThedevastatingimpactofCOVlD-19onAssistedLivingandMemoryCareFacilitiesinCalifornia,resultedinahighnumberofresidentdeaths,andhadaprofoundeffectontheSeniorCareindustryacrosstheStateandtheNation.TheOwner'saffiliateswitnessedfirsthandthedetrimentalconsequencesofthePandemicwithintheirownOperatingAssistedLivingandMemoryCareFacilities,leadingtodecreasedoccupancyrates.Asaresultofthesecircumstances,thedemandforAssistedLivingandMemoryCareFacilitieschanged,asdidthefeasibilityofsecuringfinancingforsuchprojects.Familiesbecamereluctanttoplacetheirlovedonesinthesefacilities,andlenderswereapprehensiveaboutprovidingfinancialsupport.TheOwnerisnowactivelyseekinganalternativeapproachtomoveforward

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 68 of 102 withtheProject,recognizingthatproceedingsolelyasanAssistedLivingandMemoryCareFacilityisnolongerviable.TheOwnerhasbeencollaboratingwiththeirarchitectandpotentialjointventurepartnerstoexploreoptionsthatwouldbesuitableforthissite.Theyhaveinvestigatedthefeasibilityofaffordableapartmentunits,market-rateunits,andsing|e—fami|yhomes.Extensiveeffortshavebeenmadebytheownertoengageover100affordablehousingdevelopersforpotentialjointventures.MeetingshavetakenplacewithJamboreeHousingandTheRelatedCompany.Unfortunately,duringthisprocess,theOwnerwasinformedthattheywouldneedtorestarttheplanningphase,whichisnotfeasible.Multiplerevisionshavealreadybeenmadetotheplanstoalignwithmarketchanges.However,theownerbelievestheyaremakingprogressinfindingaviablesolutionforthesite,whetheritinvolvesjointventuringtodevelopmarket-rateapartmentsorconstructingtheassistedliving/memorycarefacility,whichhasalreadyincurredcostsexceeding$1millionindevelopment.Furthermore,theownerrequiresadditionaltimetosecurefinancingandadvancetheproject,particularlyconsideringtherisingconstructioncosts,highinterestrates,andinflationarypressures. '
Therefore,thedeveloperrespectfullyrequestsaone-yearextensionoftimefortheapprovalofADR16-10-405.ThecurrentapprovalissettoexpireonDecember31,2023,andthedeveloperkindlyasksforittobeextendedtoDecember31,2024.Wegenuinelyappreciateyourunderstanding,patience,andconsideration.Ifyouhaveanyquestionsorneedadditionalinformation,pleasedonothesitatetocontactmeat949-732-0641ornhanna@newrate|[email protected],L/l/mm»am/muNinaHannPresidentofUrbanPlanningConsultants,Inc.GeneralPartnerofCaliforniaREOAcquisitionPartnersIV ,LP(Owner)

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 69 of 102 ORDINANCE NO. 1757

AN UNCODIFIED ORDINANCE OF THE CITY OF INDIO EXTENDING THE

EXPIRATION DATE OF CONDITIONAL USE PERMITS AND DESIGN REVIEW APPROVALS TO DECEMBER 31, 2023 FOR ENTITLEMENTS NOT EXPIRED 30

DAYS FROM THE DATE OF FINAL PASSAGE OF THIS UNCODIFIED ORDINANCE WHEREAS, on August 20, 2020, the City of Indio initiated an uncodified ordinance that would extend the expiration date of certain land use entitlements specifically conditional use permits and design review entitlements up and through December 31, 2023, as long as the entitlement has not expired 30 days from the date of final passage of the uncodified ordinance; and,
WHEREAS, on September 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider its recommendation to the City Council on this uncodified ordinance and after receiving public comments, closed the public hearing, and approved Resolution No. 1963, recommending that the City Council adopt this uncodified ordinance; and,
WHEREAS, on October 21, 2020, the City Council conducted a duly noticed public hearing to consider adoption of this uncodified ordinance.

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

Section 1. That the above recitations are true and correct.

Section 2. The City Council finds and determines as follows:

A. The proposed uncodified ordinance is consistent with the City of Indio General Plan 2040 ( and/ or General Plan 2020 as some of subject entitlements were approved under the General Plan 2020) as the ordinance is a tool for economic development within the City by providing additional time for development during the unusual circumstances brought about by COVID- 19. Therefore, the City Council finds that the proposed uncodified ordinance is consistent with the goals, objectives, and policies of the General Plan 2040 ( and/ or General Plan 2020).

B. The proposed uncodified ordinance is consistent with the objectives of Chapter 15 of the Indio Code of Ordinances ( Zoning Ordinance) as it extends the expiration of permits issued in conformance with the City' s Zoning Ordinance. Therefore, the City Council finds that the proposed uncodified ordinance is in consistent with the objectives of Title XV ( Land Usage) of the Indio Municipal Code and the purpose of the district in which the site is located.

Section 3. Notwithstanding Indio Municipal Code Section 159. 730 and 159.760, the expiration date of approved conditional use permits and design review approvals that

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 70 of 102 have not expired as of 30 days from the date of the final passage of Ordinance No. 1757 shall be extended to December 31, 2023, provided that the site that is subject of the conditional use permit or design review is maintained in accordance with Chapters 95A and 95D of the Indio Municipal Code and that all fees applicable to the site' s development have been paid. Compliance with this ordinance shall be subject to review by the Community Development Director or his/ her designee. ~
Section 4. The environmental impacts of this uncodified ordinance were analyzed pursuant to the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines ( California Code of Regulations, Title 14, Sections 15000 et. seq.). The City Council finds that adoption of this uncodified ordinance is exempt from CEQA pursuant to Section 15061( b)( 3) of the State CEQA Guidelines because these actions will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of permits that were previously issued in conformance with CEQA. As such, the proposed ordinance is subject to the general rule exemption that states where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that activity is not subject to CEQA.

Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance. The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, and ADOPTED this 4th day of November 2020.

V& -
l- /' U.6--

ENN MILLER, MAYOR
ATTEST:
4 CYNTHIA HERNA EZ, CMC

CITY CLERK

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 71 of 102

CERTIFICATION
I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, hereby certify that Ordinance No. 1757 was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 4th day of November 2020 by the following vote, to wit:

Ayes: Ramos Amith, Ortiz, Fermon, Holmes and Miller
Noes: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 4th day of November 2020.

S9,

S SANCHEZ, CMC
City Clerk Administrator
City of Indio
111

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by... Page 72 of 102 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Location Map for Ordinance No. 1798
Notes
REPORT PRINTED ON... 9/29/2023 8:52:56 AM
One (1) Year Extension Request for Regency Palms Indio
0 376188 Feet
Parcel APNs
Parcels
Blueline Streams
City Areas

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by...Page 73 of 102

AGENDA ITEM #10.9
Second Reading of Ordinance No. 1798 : One (1)-Year Extension Request by...Page 74 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Introduce Ordinance No. 1799 Amending Title IX, Chapter 101 Banning Personal Use of All Fireworks, in the City of Indio Except as Specifically Permitted and Title XIII, Chapter 130 (Social Host Responsibility and Loud or Unruly Events), Sections 130.182 and 130.183A, Amending Associated Social Host Provisions for First Reading.

RECOMMENDATION:

Introduce Ordinance No. 1799 for First Reading and Introduction.

SUMMARY:

On July 19, 2023, the Indio City Council directed staff to amend the Indio City Code to disallow all types of fireworks in the City of Indio, with the exception of permitted events. Ordinance No. 1799 amends Title IX, Chapter 101 Banning Personal Use of All Fireworks, in the City of Indio Except as Specifically Permitted and Title XIII, Chapter 130, Sections 130.182 and 130.183A the associated Social Host Provisions. In connection with Ordinance No. 1800, this modification to the City's approach to regulating fireworks and the costs of enforcement responses for such violations.

BACKGROUND INFORMATION:

On July 19, 2023, the Indio City Council directed staff to amend the Indio City Code to disallow all types of fireworks in the City of Indio, with the exception of permitted events. The Council determined that City resources were significantly taxed by the use of fireworks throughout the City on July 4, 2023. The Council further found that allowing persons within the City to use Safe and Sane Fireworks confused the public and posed a barrier to effective enforcement by City officials.

This ordinance, in connection with Ordinance No. 1800, which amends the City's Fire Code, modifies the City's approach to regulating fireworks, and shifts the costs of enforcement responses for such violations to hosts of events where fireworks are utilized, among the penalties for allowing other illegal activities to take place.

Enforcement related to fireworks violations in the City has been difficult, however, because enforcement personnel has had to not only identify the specific person who is responsible for the violation but ensure that the types of fireworks used were disallowed in order to properly cite the offender. Given the large gatherings during the Fourth of July holiday, particularly in residential areas, securing such identifications has been difficult. When large crowds gather outside a particular residence, for instance, officers are often unable to determine the specific person responsible for discharging fireworks.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 75 of 102 Indio is far from the only city to experience this problem. In order to ensure that fireworks violations can be properly identified and perpetrators cited, the Fire Code and other provisions of the Indio City Code must be amended accordingly. Liability for such activities would clearly include property owners, tenants, or others in control of residences who allow such activities to occur on their properties. Fines would be set by resolution of the City Council, and therefore could be set consistent with the policy of the Councilmembers.

Those cited for violations of Chapters 93, 101 and 130, would continue to enjoy the due-process protections the Indio Municipal Code currently provides as these provisions of the Code are not proposed to be amended.) Among these protections, those cited for would have a right to appeal the citations to a City hearing officer and potentially to the City Council.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1799_ICC Chapter 101 130_Safe and Sane Fireworks APPROVAL(S):

Jillian Martins, Assistant City Attorney Approved - 11 Oct 2023 Bryan H. Montgomery, City Manager Approved - 11 Oct 2023

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 76 of 102 1 ORDINANCE NO. 1799

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTERS 101 AND 130 OF THE CODE

OF INDIO TO BAN THE USE OF SAFE AND SANE FIREWORKS,

CONFORM SOCIAL HOST LIABILITY TO SUCH USE, IN ORDER TO

IMPROVE CITY ENFORCEMENT FOR CODE VIOLATIONS WHICH

WILL ENHANCE PUBLIC SAFETY, HEALTH AND WELFARE
WHEREAS, the City of Indio (“City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its territorial limits all local, police, sanitary and other ordinances and regulations which (1) are not in conflict with general laws and (2) that serve and protect the health, safety or welfare of the public; and WHEREAS, the illegal use of fireworks poses an immediate and imminent hazard and threat to the health, safety, and general welfare of the users, spectators, and general public, as well as to property; and
WHEREAS, City resources were significantly taxed by the use of fireworks throughout the City on July 4, 2023. The Council further found that allowing persons within the City to use Safe and Sane Fireworks confused the public and posed a barrier to effective enforcement by City officials;
WHEREAS, and in response to ongoing concerns from the community regarding the use of fireworks in the City, the City Council directed staff to amend the City Code at its meeting on July 19, 2023;
WHEREAS, the City Council hereby finds that prohibiting the ignition, use, discharge, or display of any fireworks, and to make those in possession of the property where the fireworks are ignited, used, discharged, or displayed responsible for fireworks-related violations that occur on said property is in the best interest of the City; and
WHEREAS, the City Council now therefore desires to amend Chapter 101 in its entirety and Sections 130.182, 130.183A of the Code of Indio to prohibit and regulate the ignition, use, discharge, or display of fireworks within the City.

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

Section 1. Title IX, Chapter 101 of the Code of Indio, as adopted in Ordinance No. 1787, is hereby repealed in its entirety and replaced with the following:
“CHAPTER 101: FIREWORKS
Section
101.01 Purpose

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 77 of 102 2 101.02 Definitions
101.03 Permit - general requirement
101.04 Use of fireworks prohibited
101.05 Dangerous fireworks exemption - certain public displays of fireworks 101.06 Pyrotechnic special effects material - restrictions 101.07 Social host liability
101.08 Exceptions
101.09 Revocation
101.10 Rules and regulations
101.11 Enforcement
101.12 Disposal fees
101.99 Penalty
§ 101.01 PURPOSE.
(A) The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires. (B) This chapter disallows the use of all fireworks in the City of Indio with the exception of certain organized and properly permitted displays. (C) This chapter shall simultaneously serve as the added Chapter 93 of the California Fire Code, amended pursuant to § 93.07 and referred to in division (H) therein.
§ 101.02 DEFINITIONS.
(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) AGRICULTURAL AND WILDLIFE FIREWORKS. Has the same meaning ascribed to it under § 12503 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 78 of 102 3 (2) DANGEROUS FIREWORKS. Has the same meaning ascribed to it under §§ 12505 and 12561 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes all of the following:
(a) Any fireworks which contain any of the following:

1. Arsenic sulfide, arsenates, or arsenites.

2. Boron.

3. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
ii. In caps and party poppers.
iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate.

4. Gallates or gallic acid.

5. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).

6. Mercury salts.

7. Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).

8. Picrates or picric acid.

9. Thiocyanates.

10. Titanium, except in particle size greater than 100-mesh.

11. Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge.
(f) Sparklers more than ten inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto- foolers, cigarette loads, exploding golf balls, and trick matches.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 79 of 102 4 (h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. (3) DISCHARGE. Means and includes, but is not limited to, shoot, set off, ignite, explode, project, fire or otherwise discharge FIREWORKS of any classification or kind. (4) FIRE CHIEF. Means the person designated as the Fire Chief of the County of Riverside or his or her authorized designee.
(5) FIREWORKS. Has the same meaning ascribed to it under § 12511 of the Cal.

Health and Safety Code as presently adopted or further amended from time to time. The term FIREWORKS includes DANGEROUS FIREWORKS, EXEMPT FIREWORKS, and SAFE AND SANE FIREWORKS, and further includes but is not limited to any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment, including not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits.
(6) FIREWORKS KIT. Has the same meaning ascribed to it under § 12512 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of FIREWORKS.
(7) PERSON. Means any natural person, business, organization, corporation or other entity.
(8) POLICE CHIEF. The person designated as the Police Chief of the City of Indio or his or her authorized designee.
(9) PROPERTY. Any private property, including but not limited to a home, yard or field, whether or not occupied as a dwelling and whether owned, leased, rented or used with or without compensation.
(10) PUBLIC DISPLAY OF FIREWORKS. Has the same meaning ascribed to it under § 12524 of the Cal. Health and Safety Code, as presently adopted or further

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 80 of 102 5 amended from time to time, and means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of DANGEROUS FIREWORKS.
(11) PYROTECHNIC COMPOSITIONS. Has the same meaning ascribed to it under § 12525 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere. (12) PYROTECHNIC OPERATOR. Has the same meaning ascribed to it under § 12527 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. (13) PYROTECHNIC SPECIAL EFFECTS MATERIAL. A low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical, or group entertainment production for which a permit from the Fire Chief is required for use, storage or disposal.
(14) RESPONSIBLE PERSON. A person or persons with a right of possession of the residence or other private property at which fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are sold, offered for sale, used or possessed. A RESPONSIBLE PERSON includes but is not limited to:
(a) Owner(s) and/or lessee(s) of the residence or other private property where fireworks. dangerous fireworks. exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(b) Tenant in possession of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(c) Person or persons in immediate control of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported. (d) Person or persons who organize, supervise, sponsor, conduct, allow, control or controls access to the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
(e) Any "responsible party" as defined in § 11.02 of this code. (14) RESPONSE COSTS means those reasonable and necessary costs directly incurred by public safety or other personnel for a response to an unpermitted discharge

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 81 of 102 6 or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, or other services arising from the unpermitted discharge or illegal storage of fireworks, including but not limited to:
(a) Salaries and benefits of public safety or other personnel for the amount of time spent responding to, remaining at or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and
(b) The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and
(c) The cost of repairing or replacing any public safety equipment or property damage, and the cost of use of any such equipment, in responding to, remaining at, or leaving the scene of any unpermitted discharge or illegal storage of fireworks. (15) SAFE AND SANE FIREWORKS. Has the same meaning ascribed to it in Cal.

Health and Safety Code § 12529, as presently adopted or further amended from time to time, and includes any fireworks which do not come within the definitions of DANGEROUS FIREWORKS or EXEMPT FIREWORKS, as defined in Cal. Health and Safety Code §§ 12505 or 12508, as presently adopted or further amended from time to time.
(16) SPECIAL EFFECTS. Has the same meaning ascribed to it in Cal. Health and Safety Code § 12532, as presently adopted or further amended from time to time, and means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which mayor may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction.
(B) Other general terms defined. In addition to the terms set forth above, the terms defined in Cal. Health & Safety Code Division 11, Part 1 (Health and Safety Code §§ 12500 et seq.) are hereby incorporated into this chapter. § 101.03 PERMIT - GENERAL REQUIREMENT.

Except as otherwise provided in this chapter, no person, without having a valid permit issued pursuant to this chapter, shall do any of the following:
(A) Keep, store, possess, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give away, offer to give away distribute, offer to distribute, discharge, or use fireworks, including dangerous fireworks, exempt fireworks, or safe and sane fireworks, or fireworks kits, within the city. (B) Make or carry out any public display of fireworks in any place or location.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 82 of 102 7 (C) Transport fireworks, except as provided in the state fireworks law. § 101.04 USE OF FIREWORKS PROHIBITED.
(A) No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, offer to give, or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or in a public display of fireworks pursuant to a permit obtained under the provisions of state law and Section 101.05 of this Code. (B) No property owner or person in control of property shall allow, cause, create, maintain, suffer, or permit a person to possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, offer to give, or transport any fireworks, dangerous fireworks, or safe and sane fireworks on the property owned by such a person or under such person's control, except for use as agricultural and wildlife fireworks or in a public display of fireworks pursuant to a permit obtained under state law and Section 101.05 of this Code. Any such person shall be in violation of this Section, and Chapter 93 of this code, regardless of such person's intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense. § 101.05 DANGEROUS FIREWORKS EXEMPTION - CERTAIN PUBLIC DISPLAYS OF FIREWORKS.

Notwithstanding any other provision of this chapter, dangerous fireworks may be lawfully possessed and used for public display within the city, only in accordance with Cal. Health and Safety Code §§ 12575 through 12577 and the Fire Code Chapter 56 (as presently adopted or further amended from time to time), and upon compliance with all applicable requirements of the State Fire Marshal and state statutes and regulations, upon a permit issued written authorization by the Fire Chief. § 101.06 PYROTECHNIC RESTRICTIONS. SPECIAL EFFECTS MATERIAL. (A) A permit is required to manufacture, compound, store, discharge or use pyrotechnic special effects material. Permit application shall be made to the Fire Chief pursuant to rules and regulations adopted by the Fire Chief. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator. (B) It is unlawful for any person to manufacture, compound, store, discharge or use pyrotechnic special effects material, a pyrotechnic device or pyrotechnic production effect unless such person is in possession of a valid pyrotechnic operator's license issued by the office of the State Fire Marshal, a valid permit issued by the Fire Chief, and has paid the fees established by the City Council.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 83 of 102 8 § 101.07 SOCIAL HOST LIABILITY - RESPONSIBLE COSTS.
(A) Violations, Liability.
(1) A person who has violated this chapter may be liable for response costs incurred in responding to the unpermitted use, discharge or storage of fireworks. (2) If a person who violated this chapter is a minor charge, the responsible guardian(s) of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this chapter. (3) To incur liability for response costs imposed by this chapter, a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response costs.
(4) Response costs imposed by this chapter are in addition to any other costs that may be recovered under this Code.
(B) Charging for Responses.
(1) The bill or charges shall be served by the Chief of Police and/or the Fire Chief upon the responsible party.
(2) The total amount of the response charge shall be deemed to be a civil debt to the City and the Director of Finance may take such action to recover the costs as the City is authorized to do by law for the recovery of a civil debt. The bill of charges shall state the response charge.
(3) The bill of charges and any other notices required by this Part shall be served upon the responsible party in accordance with Section 1.04.140 of this Code. If the responsible party has no last known business or residence address, then the scene of the disturbance shall be deemed to be the proper address for service of notice. (4) The bill of charges shall include a notice of the right of the person being charged to request a hearing before the Appeals Hearing Board within ten (10) days of service of the bill to dispute the imposition of a response charge or the amount of the charge.
§ 101.08 EXCEPTIONS.
(A) Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. (B) This chapter does not forbid or control acts or matters expressly allowed, permitted, or licensed under state law; nor does it allow acts or matters more strictly forbidden or controlled by state law or by local fire regulations.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 84 of 102 9 § 101.09 REVOCATION.

The Fire Chief may suspend or revoke any permit upon proof that the permittee, or any of its officers, officials, employees, agents or members, has violated any of the provisions of this chapter relating to fireworks. The revocation of a permit may be appealed to the hearing officer in writing within 15 days of the date the notice was issued. Upon failure to file such notice within the 15-day period, the action of the Fire Chief shall be final and conclusive.
§ 101.10 RULES AND REGULATIONS.

The Fire Chief and his or her authorized representatives are authorized to establish reasonable rules, regulations and procedures to implement this chapter, including but not limited to the issuance of the permits authorized pursuant to this chapter. § 101.11 ENFORCEMENT.
(A) It shall be the duty of the Fire Chief and his or her authorized representatives and the Police Chief and his or her authorized representatives to enforce the provisions of this chapter.
(B) The Fire Chief and his or her authorized representatives and the Police Chief and his or her authorized representatives, shall have the authority to seize, take, and remove any fireworks and fireworks kits of any classification or type. [Per Fire Code Section 104.11/5601.7] The Fire Chief and his or her authorized representatives and the Police Chief and his or her authorized representatives may charge any person whose fireworks or fireworks kits are seized pursuant to this section, a reasonable fine in an amount sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks or fireworks kits.
(C) The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement are provided for in §§ 10.23, 10.24 and 10.25 of this code as authorized by Sections 5601 and 107.7 of the Fire Code, as adopted by the City of Indio in Sections 93.07(A)(9) and 93.07(H)(4) of this code. § 101.12 DISPOSAL FEES.

All companies licensed with the CAL FIRE-Office of the State Fire Marshal as importers, exporters and wholesale are required to pay in addition to the annual license fee an annual dangerous fireworks disposal fee as prescribed section 981.3 of Article 3, Chapter 6, Division 1 of Title 19 of the Cal. Code of Regulations. § 101.99 PENALTY.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 85 of 102 10 (A) Criminal misdemeanor penalty. Any person who causes, permits, aids, abets, suffers or conceals a violation any provision of this chapter is guilty of a misdemeanor in accordance with §§ 10.98 and 10.99 of this code, except that upon conviction shall be punished by a fine of not more than $1,000 plus penalty assessments, or by imprisonment in the city or county jail for a period of time not exceeding six months, or by both such fine and imprisonment.
(B) Nuisance; civil remedies available. In addition to other penalties provided by law, any violation of any provision of this chapter or any state law enforceable by the city shall constitute a public nuisance and may be abated by the city through civil process by means of a restraining order, preliminary injunction, or any other manner provided by this code or state law for abatement of nuisances. Each day such condition continues shall constitute a new and separate offense in accordance with § 10.11 of this code. (C) Administrative citation.
(1) General. In addition to any other penalties provided by law, whenever the enforcement official (as defined in § 11.02) determines that a violation of this chapter has occurred, the enforcement official shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person (as that term is defined in § 101.02) pursuant to the procedures set forth in Chapter 11 (Administrative Citations) of Title 1 (General Provisions). Use of the administrative citation procedure in Chapter 11 with respect to violations of this chapter shall be at the sole discretion of the city.
(2) Dangerous fireworks. Administrative fines and penalties collected pursuant to this section related to dangerous fireworks shall not be subject to Cal. Health and Safety Code § 12706, and shall be allocated in compliance with Cal. Health and Safety Code § 12557, which requires the city to reimburse the State Fire Marshal for the costs associated with the disposal of seized dangerous fireworks. (3) Civil penalty amounts. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council. Different administrative civil penalties may be established for violations of this chapter involving safe and sane fireworks, exempt fireworks or dangerous fireworks at the sole discretion of the City Council. (4) Fire Code penalty amounts. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter may also include those penalty provisions provided in Chapter 93.
(D) Separate offenses. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.
(E) No limitation under state law. Nothing in this chapter limits any of the penalties provided in the Cal. Health and Safety Code or Cal. Penal Code, with regard to the unlawful transportation, use, discharge, possession, storage or sale of fireworks.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 86 of 102 11 (F) Remedies cumulative. The remedies and penalties prescribed by this section or which are available under any other provision of this chapter are cumulative and non- exclusive. The use of one or more remedies by the city shall not bar the use of any other remedy set forth in this chapter or code for the purpose of enforcing the provisions of this chapter.”
Section 2. Title XIII, Chapter 130, Section 130.182 of the Code of Indio, is hereby amended and shall read as follows:
Ҥ 130.182 DEFINITIONS.
(A) As used in this chapter, the following words and phrases have the meaning set forth below:
(1)ALCOHOL. Shall have the same meaning as in Business and Professions Code Section 23003 or any successor statute.
(2)ALCOHOLIC BEVERAGE. Shall have the same meaning as in Business and Professions Code Section 23004 or any successor statute. (3)CONSUME OR CONSUMPTION. To use, eat, drink, absorb, smoke or ingest. (4)CONTROLLED SUBSTANCE. Any drug or substance, including marijuana, whose possession and/or use are regulated under the California Uniform Controlled Substances Act codified at Health and Safety Code Section 11000 et seq., or any successor statute, or illegal under the laws of the State of California as defined under the Penal Code and any related statutes. Such term shall not include any drug or substance otherwise legally possessed or consumed.
(5)DANGEROUS FIREWORKS. Has the same meaning ascribed to it in California Health and Safety Code § 12505, and § 101.02 of this code, as presently adopted or further amended from time to time.
(6)ENFORCEMENT OFFICER. The Chief of Police and any employee or agent of the city so designated by them and charged with enforcing any provision of the City of Indio Municipal Code.
(7)EVENT. A party, gathering, or event where a group of two (2) or more persons have assembled or are assembling for a social occasion or for a social activity at a residence or other private property or public place property. (8)LEGAL GUARDIAN. Either of the following: (i) a person who, under court order, is the guardian of the person of a minor; or (ii) a public or private agency with whom a minor has been placed by the court.
(9)LOUD OR UNRULY EVENT. Loud or unruly conduct arising from an Event.

Such loud or unruly conduct includes, but is not limited to:
(a) Excessive noise;
(b) Excessive traffic or gridlock;

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 87 of 102 12 (c) Obstruction of public streets or crowds that have spilled into public streets; (d) Public drunkenness or unlawful public consumption of alcoholic beverages or controlled substances;
(e) Service to, or consumption of alcoholic beverages or controlled substances by any minor except as permitted by law;
(f) Assaults, batteries, fights, domestic violence or other disturbances of the peace; (g) Vandalism;
(h) Litter;
(i) Lewd acts;
(j) Dangerous fireworks; or
(k) Any conduct which constitutes a threat to public health, safety, quiet enjoyment of property or general welfare.
(10) MINOR. Any person under twenty-one (21) years of age. (11) PARENT. A person who is a natural parent, adoptive parent, or step-parent of a minor.
(12) PERSON(S) RESPONSIBLE. Means and includes, but is not limited to:
(a) The person who owns, rents, leases or otherwise has control of the premises where the loud or unruly event occurs;
(b) The person or persons in charge or purportedly in charge of the premises where the loud or unruly event occurs;
(c) The person or persons authorizing the use of the premises for the loud or unruly event;
(d) The person or persons who organized the loud or unruly event; or (e) The person who the enforcement officer believes is causing, performing or permitting to exist or otherwise maintaining the loud or unruly as a public nuisance, including but not limited to any other person in real or apparent charge or control of the property such as a landlord, management company or resident. (13) PUBLIC PLACE. Any place in which the public or a substantial group of the public has access, including but limited to, streets, highways, parks, common area developments and common areas inside of country clubs and gated communities. (14) RESIDENCE OR OTHER PRIVATE PROPERTY. A home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 88 of 102 13 (15) SUBSEQUENT POLICE RESPONSE. Any police response to the location of a loud or unruly event made within three (3) months after the issuance or posting of a written warning for a previous loud and unruly event at that location or within three (3) months after a prior subsequent police response.”
Section 3. Title XIII, Chapter 130 Section 130.183A of the Code of Indio, is hereby amended and shall read as follows:
Ҥ 130.183A SOCIAL HOST OBLIGATIONS FIREWORKS.

It is unlawful for any person(s) to conduct, permit, allow or host an event at his or her place of residence or other private property or host an event at a public place under his or her control, where fireworks are being sold, offered for sale, discharged, used or manufactured. Any social host shall be strictly liable and subject to a fine for any unlawful ignition, use, discharge or display of any fireworks in violation of Chapters 93 or 101 at their property or gathering. These enforcement measures are further described in Sections 101.07 and 93.99 of this Code.”
Section 4. Not Subject to California Environmental Quality Act. The Council finds that this Ordinance and its provisions are not subject to the California Environmental Quality Act (CEQA) pursuant to: (i) Section 15060(c)(2) (the regulatory activity undertaken herein will not result in a direct or reasonably foreseeable indirect physical change in the environment) and (ii) Section 15060(c)(3) (the regulatory activity undertaken herein is not a project as defined in Section 15378), both Sections being a part of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this regulatory ordinance has no potential for resulting in physical changes to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or word ("Part") of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have passed this Ordinance, and each and every Part not declared invalid or unconstitutional, without regard to or reliance upon the passage of any such Part deemed invalid or unconstitutional.

Section 6. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause it to be published in the Desert Sun, a newspaper of general circulation, printed, published and circulated within the City of Indio, within fifteen (15) days of its adoption. This Ordinance shall be effective thirty (30) days after its adoption on second reading.

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

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 89 of 102 14 PASSED, APPROVED AND ADOPTED this 1st day of November, 2023. ___________________________

OSCAR ORTIZ,
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

AGENDA ITEM #11.1
Ordinance No. 1799 Amending Chapter 101 and 130 of the Code of Indio to ... Page 90 of 102 City of Indio
City Council
October 18, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Introduce Ordinance No. 1800, Amending Indio City Code Title IX, Chapter 93, Fireworks to Related Code Fire of 93.07 and 93.01 Sections the Regulations for First Reading.

RECOMMENDATION:

1. Open public hearing and take testimony. 2. Introduce for First Reading Ordinance No.1800 Amendments to the Fire Code Related to Fireworks. 3. Continue the public hearing until November 1, 2023 for the Second Reading and Adoption of Ordinance No.1800.

SUMMARY:

On July 19, 2023, the Indio City Council directed staff to amend the Indio City Code ("City Code") to disallow all types of fireworks in the City of Indio ("City"), with the exception of permitted events.

Ordinance No. 1800 comprises the first of a two (2) part approach to amend the City Code to disallow the private use and sale of all types of fireworks within the territorial boundaries of the City of Indio.

BACKGROUND INFORMATION:

On July 19, 2023, the Indio City Council directed staff to amend the Indio City Code to disallow all types of fireworks in the City of Indio, with the exception of permitted events. The Council determined that City resources were significantly taxed by the use of fireworks throughout the City on July 4, 2023. The Council further found that allowing persons within the City to use Safe and Sane Fireworks confused the public and posed a barrier to effective enforcement by City officials.

Enforcement has been difficult, however, because enforcement personnel has had to not only identify the specific person who is responsible for the violation but ensure that the types of fireworks used were disallowed in order to properly cite the offender. Given the large gatherings during the Fourth of July holiday, particularly in residential areas, securing such identifications has been difficult. When large crowds gather outside a particular residence, for instance, officers are often unable to determine the specific person responsible for discharging fireworks.

Indio is far from the only city to experience this problem. In order to ensure that fireworks violations can be properly identified and perpetrators cited, the Fire Code and other provisions of the Indio City Code must be amended accordingly.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1800_ Indio City Code Chapter 93 Fire Code_Amendments Attachment 2 - REDLINE Indio City Code Chapter 93 Fire Code 4880-0334-2209 v.1 4859- 9760-5765 v.1
AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 91 of 102 APPROVAL(S):

Jillian Martins, Assistant City Attorney Approved - 11 Oct 2023 Bryan H. Montgomery, City Manager Approved - 11 Oct 2023

AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 92 of 102 1 ORDINANCE NO. 1800

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, AMENDING CHAPTER 93 OF THE CODE OF INDIO,

THE FIRE CODE, TO BAN THE USE OF SAFE AND SANE

FIREWORKS AND DELINEATE COST OF ENFORCEMENT

RECOVERY AND CORRESPONDING PROCEDURES IN ORDER TO

IMPROVE ENFORCEMENT FOR FIRE CODE VIOLATIONS TO

ENHANCE PUBLIC SAFETY, HEALTH AND WELFARE
WHEREAS, in accordance with state law, local jurisdictions can incorporate additional regulations that address special circumstances in the community or area provided that they are at least as restrictive as the statewide codes. This ordinance imposes greater restrictions than the state standards; and WHEREAS, the California Health and Safety Code (“Cal. Health & Safety Code”) Sections 17958, 17958.5, and 17958. 7 require the governing body of a city, before making any modifications or changes to the California Code of Regulations, Title 24 (the “California Building Standards Code”), to make express findings that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Part 9 of the California Building Standards Code contains the provisions of the 2022 Fire Code; and, therefore, any amendments to the Fire Code of the City of Indio must be publicly noticed; and
WHEREAS, a public notice to announce that the Indio City Council is considering adopting these amendments to the Fire Code was placed in the newspaper of notice, consistent with Cal. Health & Safety Code § 18935; and
WHEREAS, the Indio Police Department has historically received high call volume in the days surrounding and including July 4th of each year due to the use of illegal fireworks; and
WHEREAS, this Ordinance amends Section 93.07 to criminalize the sale, possession and use of fireworks throughout the City of Indio with certain exceptions, and Section 93.01 to reflect the additional provisions of the California Building Standards Code which will be added to Chapter 93 consistent with the additional fireworks regulations.

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

Section 1. Title IX, Chapter 93, Section 93.01 of the Code of Indio, is hereby amended and shall read as follows:
Ҥ 93.01 ADOPTION.

AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 93 of 102 2 Except as hereinafter provided, all of the provisions and Appendices B, BB, C, CC, and H of the 2022 California Fire Code, based on the 2021 International Fire Code, published by the International Code Council, inclusive of all of the inclusions and exclusions set forth in each chapter's matrix, are hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Fire Code of the City of Indio. ("Fire Code"). In addition, the following provisions that were excluded in the 2022 California Fire Code are hereby adopted: Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111.3 are not adopted; Chapters 3, 25, and Sections 403.11, 503, and 510.2, and Sections 1103.2 and 5707 and Sections 5601.1.3, 5601.1.3.1, 5601.2, 5601.2.1, 5601.2.2, 5601.2.3, 5601.2.4, 5601.2.4.2, 5601.7, 5601.7.1, and 5608.2 are adopted. Such provisions shall be part of the Fire Code. Said Fire Code is for the purpose of prescribing regulations governing the safeguarding of life and property from fire and explosion, hazards arising from the storage, handling and use of hazardous substances, materials, devices, and from conditions hazardous to life and property in the occupancy of buildings and premises as provided herein, and providing for the issuance of permits. A copy of the Fire Code shall be maintained in the office of the City Clerk and shall be made available for public inspection.”
Section 2. Title IX, Chapter 93, Section 93.07, subsection (H) and (I) of the Code of Indio, is hereby amended and shall read as follows:
Ҥ 93.07 AMENDMENTS AND ADDITIONS TO THE FIRE CODE.
(H) Chapter 56 EXPLOSIVES AND FIREWORKS.
(1) 5601.1.3 Fireworks. The possession, manufacture storage, sale, handling, and use of fireworks are prohibited. The possession, sale, use, and/or discharge of “Safe and Sane” fireworks is prohibited as set forth in Chapter 101, Fireworks, of Title IX, General Regulations, of the City of Indio Municipal Code.

Exceptions:

1. Storage and handling of fireworks as allowed by Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5606 and health and Safety Code Division 11.

3. The use of fireworks for fireworks displays, pyrotechnic before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions are allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 94 of 102 3 (2) 5601.1.3.1 Fireworks. The manufacturing, possession, storage, sale, use and handling of fireworks, including without limitation, “Safe and Sane” fireworks, is prohibited.

Exceptions:

1. Storage of fireworks in accordance with the requirements for low order explosives in Title 19, California Code of Regulations, Chapter 10.

2. Use and handling of fireworks for professional display in accordance with Title 19, California Code of Regulations, Chapter 6.
5601.2 Permit Required
Permits shall be required as set forth in Section 105.5 and regulated in accordance with this section.
5601.2.1 Residential Uses
Persons shall not keep or store, nor shall any permit be issued to keep or store, any explosives at any place of habitation, or within 100 feet (30 480 mm) thereof.

Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Section 5606. 5601.2.2 Sale and Retail Display
Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.
5601.2.3 Permit Restrictions
The fire code official is authorized to limit the quantity of explosives, explosive materials or fireworks permitted at a given location. Persons possessing a permit for storage of explosives at any place, shall not keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be kept or stored.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.

AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 95 of 102 4 5601.2.4 Financial Responsibility
Before a permit is issued, as required by Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $100,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.
5601.2.4.2 Fireworks Display
The permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire code official for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors. (3) 5601.7 Seizure of Fireworks. All fireworks, including those labeled “State approved”, shall be illegal in the City of Indio. The fire official and police officers shall have the authority to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter and the provisions of Title 19 CCR, Division 1, Chapter 6 and Health and Safety Code, Chapter 9. Seizure shall be conducted in accordance with California Health and Safety Code, Division 11, Part 1, Chapter 8, Section 12350, et seq, and Part 2, Chapter 9, Section 12721, et seq.

Exception: When permits are issued for such use.
(4) 5601.7.1 Financial Responsibility. See section 104.11 Financial Responsibility for cost recovery of enforcement of section 5601.7. Fireworks may be identified as hazardous waste by the State of California; violators may be responsible for any disposal fees.

Section 5608.2 is hereby added to the Fire Code to read as follows:
(I) Section 5608.2 Fireworks.
(1) Additional Fireworks regulations are set forth in Chapter 101, Fireworks, of Title IX, General Regulations, of the City of Indio Municipal Code. (2) APPENDIX B.

Table B105.2 is deleted in its entirety and replaced with the following:

AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 96 of 102 5 Table B105.2 Required Fire-Flow For Buildings Other Than One-And-Two Family Dwellings, Group R-3 And R-4 Buildings And Townhouses

AUTOMATIC SPRINKLER SYSTEM (Design Standard)
MINIMUM FIRE-FLOW (gallons per minute)
FLOW DURATION (hours)
No automatic sprinkler system
Value in Table B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the California Fire Code
50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the California Fire Code
50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.” Section 3. No Further Changes. With the exception of the amendments specifically listed above, the remaining sections of Chapter 93 remain in full force and effect as currently drafted.

Section 4. Not Subject to California Environmental Quality Act. The Council finds that this Ordinance and its provisions are not subject to the California Environmental Quality Act (CEQA) pursuant to: (i) Section 15060(c)(2) (the regulatory activity undertaken herein will not result in a direct or reasonably foreseeable indirect physical change in the environment) and (ii) Section 15060(c)(3) (the regulatory activity undertaken herein is not a project as defined in Section 15378), both Sections being a part of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this regulatory ordinance has no potential for resulting in physical changes to the environment, directly or indirectly. Therefore, no environmental assessment is required or necessary.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or word ("Part") of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have

AGENDA ITEM #12.1
Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 97 of 102 6 passed this Ordinance, and each and every Part not declared invalid or unconstitutional, without regard to or reliance upon the passage of any such Part deemed invalid or unconstitutional.

Section 6. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause it to be published in the Desert Sun, a newspaper of general circulation, printed, published and circulated within the City of Indio, within fifteen (15) days of its adoption. This Ordinance shall be effective thirty (30) days after its adoption on second reading.

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

PASSED, APPROVED AND ADOPTED this 1st day of November, 2023. ___________________________

OSCAR ORTIZ
MAYOR
ATTEST:
__________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Title IX, Chapter 93, Section 93.01 is hereby amended to read as follows:
§ 93.01 ADOPTION.

Except as hereinafter provided, all of the provisions and Appendices B, BB, C, CC, and H of the 2022 California Fire Code, based on the 2021 International Fire Code, published by the International Code Council, inclusive of all of the inclusions and exclusions set forth in each chapter's matrix, are hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the Fire Code of the City of Indio. ("Fire Code"). In addition, the following provisions that were excluded in the 2022 California Fire Code are hereby adopted: Chapter 1, Division II of the California Fire Code is hereby adopted, except that Section 103.2 and 111.3 are not adopted; Chapters 3, 25, and Sections 403.11, 503, and 510.2, and Sections 1103.2 and 5707 and Sections 5601.1.3, 5601.1.3.1, 5601.2, 5601.2.1, 5601.2.2, 5601.2.3, 5601.2.4, 5601.2.4.2, 5601.7, 5601.7.1, and 5608.2 are adopted. Such provisions s hall be part of the Fire Code. Said Fire Code is for the purpose of prescribing regulations governing the safeguarding of life and property from fire and explosion, hazards arising from the storage, handling and use of hazardous substances, materials, devi ces, and from conditions hazardous to life and property in the occupancy of buildings and premises as provided herein, and for providing for the issuance of permits. A copy of the Fire Code shall be maintained in the office of the City Clerk and shall be made available for public inspection.

Title IX, Chapter 93, Section 93.07 subsections (H) and (I) are hereby amended to read as follows:

§ 93.07 AMENDMENTS AND ADDITIONS TO THE FIRE CODE.
(H) Chapter 56 EXPLOSIVES AND FIREWORKS.
(1) 5601.1.3 Fireworks. The possession, manufacture storage, sale, handling, and use of fireworks are prohibited. The possession, sale, use, and/or discharge of “Safe and Sane” fireworks is prohibited as set forth in Chapter 101, Fireworks, of Title IX, General Regulations, of the City of Indio Municipal Code.

Exceptions:

1. Storage and handling of fireworks as allowed by Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5606 and health and Safety Code Division 11.

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3. The use of fireworks for fireworks displays, pyrotechnic before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions are allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11. (2) 5601.1.3.1 Fireworks. The manufacturing, possession, storage, sale, use and handling of fireworks, including without limitation, “Safe and Sane” fireworks, is prohibited.

Exceptions:

1. Storage of fireworks in accordance with the requirements for low order explosives in Title 19, California Code of Regulations, Chapter 10.

2. Use and handling of fireworks for professional display i n accordance with Title 19, California Code of Regulations, Chapter 6.
5601.2 Permit Required
Permits shall be required as set forth in Section 105.5 and regulated in accordance with this section.
5601.2.1 Residential Uses
Persons shall not keep or store, nor shall any permit be issued to keep or store, any explosives at any place of habitation, or within 100 feet (30 480 mm) thereof.

Exception: Storage of smokeless propellant, black powder and small arms primers for personal use and not for resale in accordance with Section 5606. 5601.2.2 Sale and Retail Display
Persons shall not construct a retail display nor offer for sale explosives, explosive materials or fireworks on highways, sidewalks, public property or in Group A or E occupancies.

Exception: Firewo rks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.
5601.2.3 Permit Restrictions
The fire code official is authorized to limit the quantity of explosives, explosive materials or fireworks permitted at a given location. Persons possessing a permit for storage of explosives at any place, shall not keep or store an amount greater than authorized in such permit. Only the kind of explosive specified in such a permit shall be kept or stored.

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5601.2.4 Financial Responsibility
Before a permit is issued, as required by Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $100,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see Section 5608.
5601.2.4.2 Fireworks Display
The permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire code official for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors. (3) 5601.7 Seizure of Fireworks. All fireworks , including those labeled “State approved”, shall be illegal in the City of Indio. The fire official and police officers shall have the authority to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter and the provisions of Title 19 CCR, Division 1, Chapter 6 and Health and Safety Code, Chapter 9. Seizure shall be conducted in accordance with California Health and Safety Code, Division 11, Part 1, Chapter 8, Section 12350, et seq, and Part 2, Chapter 9, Section 12721, et seq.

Exception: When permits are issued for such use.
(4) 5601.7.1 Financial Responsibility. See section 104.11 Financial Responsibility for cost recovery of enforcement of section 5601.7. Fireworks may be identified as hazardous waste by the State of California; violators may be responsible for any disposal fees.

Section 5608.2 is hereby added to the Fire Code to read as follows:
(I) Section 5608.2 Fireworks.

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Ordinance No. 1800 , Amending Chapter 93 of the Code of Indio, The Fire ... Page 101 of 102 Safe and Sane (1) Additional Fireworks shall be permittedregulations are as set forth in Chapter 101, Fireworks, of Title IX, G eneral Regulations, of the City of Indio Municipal Code.
(I2) APPENDIX B.
(1) Table B105.2 is deleted in its entirety and replaced with the following:

Table B105.2 Required Fire- Flow For Buildings Other Than One -And-Two Family Dwellings, Group R-3 And R-4 Buildings And Townhouses

AUTOMATIC SPRINKLER SYSTEM (Design Standard)
MINIMUM FIRE-FLOW (gallons per minute)
FLOW DURATION (hours)
No automatic sprinkler system
Value in Table B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the California Fire Code
50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the California Fire Code
50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.”

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