Agenda — Indio City Council, November 15, 2023 (part 3 of 5)

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by the Authority and are subject to the condition that the Authority comply with all requirements of the Code that must be satisfied subsequent to issuance of the Series 2023 Bonds to assure that interest (and original issue discount) on the Series 2023 Bonds will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest (and original issue discount) on the Series 2023 Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Series 2023 Bonds. The Authority has covenanted to comply with all such requirements.

The opinions that are expressed herein are based upon our analysis and interpretation of existing statutes, regulations, rulings and judicial decisions and cover certain matters that are not directly addressed by such authorities. Such opinions are further based on our knowledge of facts as of the date hereof. We assume no duty to update or supplement our opinions to reflect any facts or circumstances that may thereafter come to our attention or to reflect any changes in any law that may thereafter occur or become effective. Moreover, our opinions are not a guarantee of result; rather, such opinions represent our legal judgment based upon our review of existing law that we deem relevant to such opinions and in reliance upon the representations and covenants referenced above.

We call attention to the fact that the rights and obligations under the Indenture and the Series 2023 Bonds are subject to bankruptcy, insolvency, debt adjustment, reorganization, moratorium, fraudulent conveyance and other similar laws affecting creditors’ rights, to the application of equitable principles if equitable remedies are sought, to the exercise of judicial discretion in appropriate cases and to limitations on legal remedies against public agencies in the State.

We further call attention to the fact that the foregoing opinions may be affected by actions taken (or not taken) or events occurring (or not occurring) after the date hereof. We have not undertaken to determine, or to inform any person, whether such actions or events are taken (or not taken) or do occur (or do not occur).

Our engagement with respect to the Series 2023 Bonds terminates on the date hereof, and we disclaim any obligation to update the matters set forth herein. The Indenture and the Tax Certificate permit certain actions to be taken or to be omitted if a favorable opinion of Bond Counsel is provided with respect thereto. No opinion is expressed herein as to the effect on the exclusion from gross income for federal income tax purposes of interest (and original issue discount) with respect to the Series 2023 Bonds if any such action is taken or omitted based upon the opinion or advice of counsel other than Stradling Yocca Carlson & Rauth, a Professional Corporation. Other than expressly stated herein, we express no other opinion regarding tax consequences with respect to the Series 2023 Bonds.

We express no opinion herein as to the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Series 2023 Bonds, and we expressly disclaim any duty to advise the owners of the Series 2023 Bonds with respect to matters contained in any such document.

This opinion letter may be relied upon only by you and may not be relied upon by any other party without our prior written consent.

Respectfully submitted,

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APPENDIX D

FORM OF CONTINUING DISCLOSURE AGREEMENT

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APPENDIX E

BOOK-ENTRY ONLY SYSTEM
The information in this section regarding DTC and its book-entry system has been obtained from DTC’s website, for use in securities offering documents, and the Authority and the Underwriter take no responsibility for the accuracy or completeness thereof or for the absence of material changes in such information after the date hereof.

The Depository Trust Company (“DTC”), New York, New York, will act as securities depository for the Series 2023 Bonds. The Series 2023 Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered bond certificate will be issued for each maturity of the Series 2023 Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC.

DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com.

Purchases of the Series 2023 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 2023 Bonds on DTC’s records. The ownership interest of each actual purchaser of each Series 2023 Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2023 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Series 2023 Bonds, except in the event that use of the book-entry system for the Series 2023 Bonds is discontinued.

To facilitate subsequent transfers, all Series 2023 Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of DTC. The deposit of Series 2023 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2023 Bonds; DTC’s records reflect only the

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identity of the Direct Participants to whose accounts such Series 2023 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.

Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Series 2023 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Series 2023 Bonds, such as redemptions, tenders, defaults and proposed amendments to the Series 2023 Bonds documents. For example, Beneficial Owners of Series 2023 Bonds may wish to ascertain that the nominee holding the Series 2023 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of the notices be provided directly to them.

While the Series 2023 Bonds are in the book-entry-only system, redemption notices will be sent to DTC. If less than all of the Series 2023 Bonds of a maturity are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.

Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Series 2023 Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures.

Under its usual procedures, DTC mails an Omnibus Proxy to the Authority as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Series 2023 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).

Principal and interest payments on the Series 2023 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the Authority or the Trustee on the payable date in accordance with their respective holdings shown on DTC’s records.

Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Trustee or the Authority, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Authority or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.

DTC may discontinue providing its services as depository with respect to the Series 2023 Bonds at any time by giving reasonable notice to the Authority or the Trustee. Under such circumstances, in the event that a successor depository is not obtained, certificates representing the Series 2023 Bonds are required to be printed and delivered.

The Authority may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates representing the Series 2023 Bonds will be printed and delivered to DTC.

The information in this Appendix E concerning DTC and DTC’s book-entry system has been obtained from sources that the Authority and the Underwriter believe to be reliable, but the Authority and the Underwriter do not take any responsibility for the accuracy thereof.

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APPENDIX F

SPECIMEN MUNICIPAL BOND INSURANCE POLICY

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CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement, dated as of _____, 2023 (the “Disclosure Agreement”) is by and between the Indio Electric Financing Authority (the “Authority”) and Willdan Financial Services (the “Dissemination Agent”), in connection with the issuance of the Indio Electric Financing Authority Electric Revenue Bonds, Series 2023A (the “Bonds”).

WHEREAS, the Bonds are being issued pursuant to an Indenture, dated as of December 1, 2023, as supplemented by the First Supplemental Indenture, dated as of December 1, 2023 (as supplemented, the “Indenture”), each by and between the Authority and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”).

WHEREAS, this Disclosure Agreement is being entered into by the Authority for the benefit of the Owners and Beneficial Owners of the Bonds and in order to assist the Underwriter in complying with the Rule (defined below).

NOW, THEREFORE, the Authority and the Dissemination Agent agree as follows:

SECTION 1. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
“Annual Report” shall mean any report provided by the Authority pursuant to, and as described in, Sections 2 and 3 of this Disclosure Agreement. “Beneficial Owner” shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes.
“Disclosure Representative” shall mean the Executive Director of the Authority, the Treasurer of the Authority, or their designee, or such other officer or employee as the Authority shall designate in writing from time to time.
“Dissemination Agent” shall mean Willdan Financial Services, or any successor Dissemination Agent designated in writing by the Authority and which has filed with the Authority a written acceptance of such designation.
“Financial Obligation” means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of (a) or (b). The term “Financial Obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule.
“Listed Events” shall mean any of the events listed in Section 4(a) and (b) of this Disclosure Agreement.
“MSRB” shall mean the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for

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purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Official Statement” shall mean the Official Statement relating to the Bonds, dated _____, 2023.
“Repository” shall mean the Electronic Municipal Market Access system of the Municipal Securities Rulemaking Board, which can be found at http://emma.msrb.org. “Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. “State” shall mean the State of California.
“Underwriters” shall mean the original Underwriters of the Bonds required to comply with the Rule in connection with the offering of the Bonds.

SECTION 2. Provision of Annual Reports.
(a) The Authority shall, or shall cause the Dissemination Agent, not later than nine months following the end of the Authority’s fiscal year (which presently ends on June 30) (the “Annual Report Date”), commencing with the report for the fiscal year ending [June 30, 2023 due March 31, 2024], provide to the MSRB an Annual Report which is consistent with the requirements of Section 3 of this Disclosure Agreement. The Annual Report shall be provided to the MSRB in an electronic format as prescribed by the MSRB and shall be accompanied by identifying information as prescribed by the MSRB. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 3 of this Disclosure Agreement; provided that the audited financial statements of the Authority may be submitted separately from and later than the balance of the Annual Report if they are not available by the date required above for the filing of the Annual Report.

The Annual Report shall be provided at least annually notwithstanding any fiscal year longer than 12 calendar months. The Authority’s fiscal year is currently effective from July 1 to the immediately succeeding June 30 of the following year. The Authority will promptly notify the MSRB and the Dissemination Agent (if other than the Authority) of a change in the fiscal year dates.

The Authority shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the Authority and shall have no duty or obligation to review such Annual Report. (b) If by five (5) Business Days prior to the Annual Report Date, the Dissemination Agent (if other than the Authority) has not received a copy of the Annual Report, the Dissemination Agent shall notify the Authority of such non-receipt.
(c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to the MSRB by the Annual Report Date, the Dissemination Agent shall provide in a timely manner to the MSRB (with a copy to the Trustee and the Underwriters) a notice, in substantially the form attached as Exhibit A.

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(d) Unless the Authority has done so pursuant to Section 3(a) above, the Dissemination Agent (if other than the Authority) shall:
(i) determine each year prior to the Annual Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and
(ii) if the Dissemination Agent is other than the Authority, file a certificate with the Authority to the effect that the Annual Report has been provided pursuant to this Disclosure Agreement, stating, to the extent it can confirm such filing of the Annual Report, the date it was provided.

SECTION 3. Content of Annual Reports. The Authority’s Annual Report shall contain or include by reference the following:
(a) The Authority’s audited financial statements, prepared in accordance with generally accepted auditing standards for municipalities in the State of California. If the Authority’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 2(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) [Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement, in the following charts and tables: Table 1 (Historical Monthly Billable Kilowatt Hours Within the City of Indio ), Table 2 (Hypothetical Historical Surcharge Revenues Within the City of Indio), Table 3 (Historical Billable Kilowatt Hours by Customer Class Within the City of Indio) and Table 6 (Projected Surcharge Revenues and Debt Service Coverage Through maturity of the Series 2023 Bonds).] Financial information relating to the Authority referenced in this Section 3 may be updated from time to time, and such updates may involve displaying data in a different format or table or eliminating data that is no longer available.

Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Authority or related public entities, which have been submitted to the MSRB or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB.

The Authority shall clearly identify each such other document so included by reference.

SECTION 4. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 4, the Authority shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds in a timely manner not more than ten (10) business days after the event:

1. Principal and interest payment delinquencies;

2. Unscheduled draws on debt service reserves reflecting financial difficulties;

3. Unscheduled draws on credit enhancements reflecting financial difficulties;

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4. Substitution of credit or liquidity providers, or their failure to perform;

5. Issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposal Issue (IRS Form 5701-TEB);

6. Tender Offers;

7. Defeasances;

8. Rating changes;

9. Bankruptcy, insolvency, receivership or similar proceedings; and Note: For the purposes of the event identified in subparagraph (9), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person.

10. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the obligated person, any of which reflect financial difficulties.
(b) Pursuant to the provisions of this Section 4, the Authority shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material, in a timely manner not more than ten (10) business days after occurrence:

1. unless described in Section 4(a)(5), adverse tax opinions or other material notices or determinations by the Internal Revenue Service with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds;

2. modifications to the rights of Bondholders;

3. bond calls;

4. release, substitution or sale of property securing repayment of the Bonds;

5. non-payment related defaults;

6. the consummation of a merger, consolidation, or acquisition involving the Authority or the Authority or the sale of all or substantially all of the assets of the Authority or the Authority, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms;

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7. appointment of a successor or additional trustee or the change of the name of a trustee; and

8. incurrence of a Financial Obligation of the obligated person, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the obligated person, any of which affect Bond Owners. (c) If the Authority determines that knowledge of the occurrence of a Listed Event under subsection (b) would be material under applicable federal securities laws, and if the Dissemination Agent is other than the Authority, the Authority shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to file a notice of such occurrence with the MSRB in an electronic format as prescribed by the MSRB in a timely manner not more than ten (10) Business Days after the event.
(d) If the Authority determines that the Listed Event under subsection (b) would not be material under applicable federal securities laws and if the Dissemination Agent is other than the Authority, the Authority shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence.
(e) The Authority hereby agrees that the undertaking set forth in this Disclosure Agreement is the responsibility of the Authority and, if the Dissemination Agent is other than the Authority, the Dissemination Agent shall not be responsible for determining whether the Authority’s instructions to the Dissemination Agent under this Section 5 comply with the requirements of the Rule.

SECTION 5. Identifying Information for Filings with the MSRB. All documents provided to the MSRB under this Disclosure Agreement shall be accompanied by identifying information as prescribed by the MSRB.

SECTION 6. Termination of Reporting Obligation. The obligations of the Authority, the Trustee and the Dissemination Agent under this Disclosure Agreement shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Authority shall give notice of such termination in the same manner as for a Listed Event under Section 4(c).

SECTION 7. Dissemination Agent. The Authority may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the form or content of any notice or report prepared by the Authority pursuant to this Disclosure Agreement. The Dissemination Agent may resign by providing thirty days written notice to the Authority and the Trustee. The Dissemination Agent shall not be responsible for the content of any report or notice prepared by the Authority and shall have no duty to review any information provided to it by the Authority. The Dissemination Agent shall have no duty to prepare any information report nor shall the Dissemination Agent be responsible for filing any report not provided to it by the Authority in a timely manner and in a form suitable for filing.

SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Agreement, the Authority may amend this Disclosure Agreement, and any provision of this

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Disclosure Agreement may be waived, provided that, in the opinion of nationally recognized bond counsel, such amendment or waiver is permitted by the Rule; provided, the Dissemination Agent shall have first consented to any amendment that modifies or increases its duties or obligations hereunder. In the event of any amendment or waiver of a provision of this Disclosure Agreement, the Authority shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Authority. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 4(c), and (ii) the Annual Report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles.

SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Authority from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Authority chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Authority shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.

SECTION 10. Default. In the event of a failure of the Authority to comply with any provision of this Disclosure Agreement, any Owners or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Authority to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Agreement in the event of any failure of the Authority to comply with this Disclosure Agreement shall be an action to compel performance.

No Bond Owner or Beneficial Owner may institute such action, suit or proceeding to compel performance unless they shall have first delivered to the Authority satisfactory written evidence of their status as such, and a written notice of and request to cure such failure, and the Authority shall have refused to comply therewith within a reasonable time.

SECTION 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement, and the Authority agrees, to the extent permitted by law, to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorney’s fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall also be entitled to any further protections and limitations from liability afforded to the Trustee under the Indenture as if such provisions were fully set forth herein. The Dissemination Agent shall be paid compensation by the Authority for its services provided hereunder in accordance with its schedule of fees as amended

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from time to time and all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. In performing its duties hereunder, the Dissemination Agent shall not be deemed to be acting in any fiduciary capacity for the Authority, the Bond Owners, or any other party. The obligations of the Authority under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.

SECTION 12. Notices. Any notices or communications to or among any of the parties to this Disclosure Agreement may be given as follows:

Authority: Indio Electric Financing Authority
100 Civic Center Mall
Indio, California 92201
Attention: Executive Director
Dissemination Agent: Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, California 92590
Attention: Federal Compliance Group
SECTION 13. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Authority, the Dissemination Agent, if any, the Underwriters and Owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity.

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SECTION 14. Signature. This Disclosure Agreement has been executed by the undersigned on the date hereof, and such signature binds the Authority to the undertaking herein provided.

INDIO ELECTRIC FINANCING AUTHORITY
By:

Bryan H. Montgomery, Executive Director
WILLDAN FINANCIAL SERVICES, as
Dissemination Agent
By:

Authorized Officer

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EXHIBIT A

NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD

OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: Indio Electric Financing Authority
Name of Issue: Indio Electric Financing Authority Electric Revenue Bonds, Series 2023A Date of Issuance: _____, 2023
NOTICE IS HEREBY GIVEN that the Authority of Indio (the “Authority”) has not provided an Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Agreement, dated as of _____, 2023, by and between the Authority and Willdan Financial Services. [The Authority anticipates that the Annual Report will be filed by __________.] Dated: __________
[DISSEMINATION AGENT]
By: _______________________

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City Council
November 15, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: Desi the of Component Reality Augmented for finalist the Select the Memorial Mural Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreement for the total amount of $20,000 for two AR animations.

RECOMMENDATION:

Select the finalist for the Augmented Reality Component of the Desi Memorial Mural Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the Agreement for the total amount of $20,000 for two AR animations.

SUMMARY:

The City of Indio Public Arts Commission circulated a Request For Proposal (RFP) on August 9, 2023, seeking artists to create and host an Augmented Reality Animation (AR) for a site-specific mural entitled “Desi Memorial Mural”. The Mural will be painted on the west wall of the Loma Linda Children's Hospital in Downtown Indio, located at 82934 Civic Center Drive, Indio CA 92201. The design concept features Desi’s eye, flowers, family, and butterflies that are symbols of beauty and hope. Desi Cechin, an Indio girl who passed away in 2016 following a two-year cancer battle. The RFP deadline was September 12, 2023, by 5:00 p.m. The City has received five (5) proposals from qualified artists. On October 10, 2023, the Public Arts Commission selected the artist Ali Lucker with EyeJack and the artist Dan Krolczyk with CreatorUp as the finalists and made a recommendation to the City Council for review and approval of one of the artists for the AR component of Desi Memorial Mural Project. Therefore, staff is requesting that the City Council review both proposals and select the finalist for the Augmented Reality Component of the Desi Memorial Mural Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the Agreement for the total amount of $20,000 for two AR animations.

BACKGROUND INFORMATION:

On March 1, 2023, the City Council approved the proposed mural design by the artist Patrick Barwinski and appropriated a budget not to exceed $85,000 for the installation of a mural in memory of Desi Cechin at Loma Linda Children's Hospital in Downtown Indio.

The City of Indio Public Arts Commission circulated a Request For Proposal (RFP) from August 9, 2023, to September 12, 2023, by 5:00 p.m. The total budget for this project was up to $20,000 for both locations. The Artists were allowed to create an AR animation for location 1 and/or both locations 1 and 2. The RFP asked artists to provide the following information in their proposals:

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a. Consultation with the mural artist.
b. Creation of concept board.
c. AR animations up to 20 seconds in length.
d. AR sound designs up to 20 seconds in length.
e. Two rounds of animation and sound design revisions per artwork.

II.Hosting - Augmented Reality Animation Specifications

a. Supports 2D, 2.5D and 3D animation.
b. Ready to launch AR animation via QR code and trigger art. c. Hosted on the online server (12-month plan).
d. Detailed analytics to show how the AR artwork has been viewed (daily, weekly, or monthly reports).
e. Includes up to 25,000 views per month.
f. Photo capture and sharing to socials from the viewer. g. Video recording and sharing to socials from the viewer. h. Video recording and photo capture can contain a custom watermark (i.e., Logo).

III.Signage - Augmented Reality Animation Specifications

Hardware & Installation requirements:

1. Physical instructional signage (plaque, decal, or other) for user/viewer to activate AR animation. Will be located outdoors and must be weatherproof to harsh conditions such as extreme heat, heavy rains, and high winds.

2. Installation of physical instructional signage on location(s). Will be located outdoors and must be weatherproof to harsh conditions such as extreme heat, heavy rains, and high winds.

Proposal by EyeJack (Attachment A):

EyeJack has a global portfolio of mural festivals, including the world's largest AR mural, White Night, ARTSCAPE FORM in Sweden, West Hollywood City Hall, and the captivating Smart ART Moreland Murals, all brought to life through animation and sound artistry by our talented team. EyeJack’s goal for this project is to infuse the City of Indio with hope and joy through artistry and innovation!

Their proposed methodology for this project involves infusing elements, both within and beyond the mural, with an emphasis on bright colors, vibrant animation, graceful motion, and thoughtfully curated sound design.

The animation will include butterflies that gracefully flutter their wings, taking flight both from and back into the canvas, the flower petals on the left side of the mural gracefully wafting across it, the eyelids gently part looking upward, and the hands clapping firmly; thereby, creating the illusion of art transcending its frame. The result will unveil a serene narrative, where imagery extends beyond the mural, symbolizing freedom and hope, blossoming flowers embodying life's vitality and growth, and clenched hands epitomizing unwavering support and resilience. All animation assets will be created to match the style of the mural design elements.

The proposed sound design will feature a symphony of sound effects. These effects will include the gentle flutter of butterfly wings, and a subtle swirling wind to evoke the movement of the flowers. As

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These elements will harmonize with
the soft and uplifting musical backdrop.

They will complete the project within five (5) weeks and their proposed budget is $19,350, which includes the first 12 months Web AR Hosting cost of $3,500.

Proposal by CreatorUp (Attachments B):

CreatorUp is a leading content production platform, powered by 8000 creators, super-serving education, tech, and brands. Clients including GE, Florida, Dell, Discover Financial, UCLA, The Special Olympics, Google Serving Veterans, Verizon, McGraw Hill, Pearson and many more count on CreatorUp.

Their goal is to design an AR experiences that engage and educate visitors, ensuring that the Desi Memorial Mural becomes a focal point of remembrance and reflection.

Their proposal includes a comprehensive plan to create an AR experience that not only showcases her remarkable life and contributions but also provides an interactive and emotionally resonant journey for all who visit. CreatorUp takes a unique approach to each project to be a success. To make a great animation, CreatorUp will get input from the muralist, thinking of the prospective viewers, and discovering what will grab their attention to provide the desired emotional connection to the artwork.

Their proposed budget is $20,000 for two AR animations with a yearly hosting of $75 that the City needs to pay.

Their proposed timeline is to start the project in early November and launch the finished work in mid- February.

Staff is requesting that the City Council select the finalist for the Augmented Reality Component of the Desi Memorial Mural Project and authorize the City Manager and City Attorney to negotiate and finalize the terms of the Agreement for the total amount of $20,000 for two AR animations.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$20,000.00 In current year budget: Yes
Current FY General
Fund Impact:

Yes Budget adjustment: No
Next FY Financial
Impact:

No Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:

1. Continue the request pending submission of additional information.

2. Refer the item back to the Public Arts Commission.

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Attachment A - EyeJack
Attachment B - CreatorUp
APPROVAL(S):

Scott Trujillo, Deputy City Manager Pending

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“Our goal at EyeJack is to harness the magical power of creative technologies to evoke wonder, challenge your
perception of reality and provide a new kind of sensory experience.” - Sutu (Co-Founder/ Creative Director)
EyeJack is an Art and Technology company that creates
Experiences.

We specialise in Augmented Reality, Immersive
Installations, Games and Web3. Our previous clients
include Sony, Marvel, Google, Disney and Warner Music.

Click here to learn more about our use of art
technologies sweeping the world.

About EyeJack
Deep Hue Sea
Nature Illuminated
Westﬁeld Newmarket
Spiderman AR activation @ Dcon

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Our Work

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SmartARt
Our Work
Hermes Paris
Earth Day
Onitsuka Tiger
Hermes Paris
Marvel Mech Strike
Melbourne Central Tower

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Our Clients

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Introduction
White Knight Event, Melbourne, VIC
Artscape Form, Sweden.

In November, the Desi Memorial Murals will unite the Indio community in a heartfelt celebration of Kindness, Love, Hope, and Life!
EyeJack boasts a global portfolio of mural festivals, including the world's largest AR mural, White Night, ARTSCAPE FORM in Sweden, West Hollywood City Hall and the captivating Smart ARt Moreland Murals, all brought to life through animation and sound artistry by our talented team.

Harnessing the transformative potential of AR, our creative minds will transport users into a digital dimension, inviting them to become active participants in a unique storytelling experience. Our vision is to craft unforgettable animations that push the boundaries of technology, leaving an indelible impression on those fortunate enough to partake.

The entire AR Experience will be seamlessly accessible via WebAR, eliminating the need for app downloads, and providing users with the ability to effortlessly record and share their encounters directly to their social channels.

Our mission is simple yet profound: to infuse the City of Indio with hope and joy through artistry and innovation!

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Proposed Creative Treatment
infusing elements, both within and beyond
the mural, with vibrant 2.5D animation,
graceful motion, and thoughtfully curated
sound design.

This synergy will unveil a serene and poignant
narrative, where imagery extends beyond the
mural's conﬁnes, symbolizing freedom and
hope, blossoming ﬂowers embodying life's
vitality and growth, and clenched hands
epitomizing unwavering support and resilience.

The sound design will include sound effects,
i.e. the ﬂutter of butterﬂy wings, supported by a
magical enchanted background track.

Note: All animation assets will be created to
match the style of the mural design elements.

Meticulously crafted soundscapes, bringing each
artwork to life while honoring the unique visions of
both the client and the artist.To add further depth
& vitality movement of the background elements
and emphasis on the bright colors will be
incorporated into the animation.

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Proposed Creative Treatment - Mural 1: 1/2
Frame 1
The animation will begin by showcasing fresh blooms
and lush greenery emerging along the mural's border.

Both the newly introduced and the pre-existing ﬂoral
and botanical elements adorning the mural border will
gently sway in unison.

Frame 2
The mural's background elements will gracefully
transition into an array of shifting colors, adding an
additional layer that embodies serene movements.

Frame 3
The eyelids will gently part, seemingly gazing upwards, symbolizing a hopeful perspective, while a subtle,
glittering sparkle will manifest within the eye.

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Proposed Creative Treatment - Mural 1: 2/2
Frame 4
The butterﬂies will gracefully ﬂutter their wings,
taking ﬂight both from and back into the canvas,
thereby creating the illusion of art transcending its
frame—a vivid embodiment of freedom.

Furthermore, additional butterﬂies will materialize
from the blossoms adorning the border, weaving
through the scene between the hands.

Frame 5
The hands will clasp ﬁrmly. A glow effect will
run through the hands, as represented above,
exuding a radiant aura of energy as they clench,
symbolizing the union and empowerment of
strength and support.

Frame 6
The animation's conclusion will feature the
petals on the left side of the mural
gracefully wafting across it, symbolizing the
essence of freedom. Meanwhile, all other
animated elements will gently return to their
initial positions.

Sound Design
The sound design will feature a symphony
of sound effects. These effects will include
the gentle ﬂutter of butterﬂy wings, a subtle
swirling wind to evoke the movement of the
ﬂowers. As the hands clench, a burst of
energy and vitality will resound with a
powerful and vibrant sound effect.

These elements will harmonize with the soft
and uplifting musical backdrop.

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Proposed Creative Treatment - Mural 2: 1/2
Frame 1
The animation will initiate as the lowermost
colored butterﬂy springs to life, with the luminous
hue beneath it radiating and pulsating vibrantly.

Frame 2
Subsequently, this butterﬂy will ﬂutter its wings and
gracefully ascend the wall, hovering over each butterﬂy, one by one. In this intimate encounter, it will impart strength and power, reinvigorating them to life.

Frame 3
Each butterﬂy will aglow with radiant color, elegantly
ﬂuttering its wings before embarking on the collective
journey to unify all of the butterﬂies.

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Proposed Creative Treatment - Mural 2: 2/2
Frame 4
The butterflies would then descent from the
mural canvas and take journey beyond this
united.

Frame 5
The key butterﬂy will make its return from beyond the
mural, leading the ﬂock of butterﬂies back to the safety of their home, thus concluding the animation.

The AR animator will work with the artist to create a
background where the colours are aligned with the
original proposal. So as the colors rise and follow the butterﬂies this is aesthetically consistent.

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User Journey
User Journey
Step 1: A CTA poster or decal featuring a QR code will be installed at the preferred viewing locations. Users will be instructed to scan the QR code to activate each AR
experience.

Step 2: By scanning the QR code or launching the url on a mobile device, the user will enter the WebAR Experience.

Step 3: Upon entering the WebAR experience a UI branded design and instructions will appear to launch the AR.

Step 4: The user will have the ability to record and share the AR experience directly to the social channels for all to see.

Example to the right of a Branded UI Design.

CTA Decal or Poster to Onboard the user

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Hosting - WebAR
The AR experiences will be hosted on WebAR which is a recent technology allowing users to jump into an AR experience in their mobile phone browser.

It is like any other website and does rely on a good internet connection. The biggest advantage of WebAR is that it lowers the barrier of entry for users, meaning that they do not need to download any apps.

WebAR Features:
- Supports 2D and 3D animation
- Can host up to 10 Artworks at any time
- Ready to launch on your website via a Link
- Hosted on the EyeJack servers
- Lowers the barrier of entry since there is no app to download - Includes Analytics
- Photo capture and sharing to socials
- Video recording and sharing to socials
- Video recording can contain a custom watermark (ie. Business Logo) Please check out our WebAR demo:
https://webar.eyejackapp.com/

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WebAR 3D Demo
To view, open camera on
smartphone and scan code.

Point mobile device to an open space.

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Proposed Project Phases & Timeline
Phase 01: Consultation & Creative Development (1 Weeks ) - Site evaluation for best viewing location factoring in safety and environmental elements i.e. shadows as well as placement of CTA decals.
- Consultation with mural artist (and if required the Client) to talk through the proposed AR and Sound Treatments and storyboards.
- Creation of UI/UX design, CTA decal and poster design. - Presentation of storyboard and UI/UX design, CTA poster and decal for approval.

Phase 02: Creation & Tech Build (3 Weeks)
- 2.5D animation and sound design up to 30 seconds (round 1) - 2.5D animation and sound design up to 30 seconds (round 2) - UI/UX Design and Build
- CTA decal and poster design
- WebAR Build
- Client Approval
Phase 03: Testing and Launching (1 week)
- Printing and Installation of CTA decals and Posters on site - Onsite testing of murals
- Client & Mural Artist ﬁnal approval
- Project Live

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Item Description Pricing (USD) Inclusions
AR Content Creation - 2 x 2.5D Mural Animations
$7,000
- Creation of concept board
- 2 x 2.5DAR animations up to 20 seconds in length
- 2 x Sound designs up to 20 seconds in length
- Two rounds of animation and sound design revisions per artwork - Consultation with the original artist as required
- Quality assurance / testing
UI / UX Design $3,500 - UI/UX design and branding
- Custom onboarding screen to the experience
WebAR Set-up Fee
$3,000
- Technical Design and Build
- Content Upload
- Implementation of UI / UX design including, onboarding & permissions screens WebAR Hosting (no download of app required)
$3,500 - 12 Months WebAR Hosting
- 8th Wall License
- Ready to launch website via a Link and QR code
- Photo capture and sharing to socials
- Video recording and sharing to socials
- Video recording can contain a custom watermark (i.e. Logo) - Includes Analytics (available weekly, monthly or yearly) CTA Poster/Decal Design + Printing + Installation $1,500 - Custom design of Call to Action Poster/Decal user onboarding inline with clients brand guidelines. - Printing and installation of 2 x decal designs and 2 x CTA poster designs onsite.

Project Management $3,000 - The project management fee is determined based on the ﬁnal project scope. - This fee covers the overall management and delivery of all project milestones to the agreed date.

Discount ($2,150) - 10% Discount
Total $19,350
Pricing

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Los Angeles Oﬃce
13031 West Jefferson Blvd. Bldg 900
Los Angeles, 90094 CA, USA
Sydney Oﬃce
39 Wellington St,
Chippendale 2008 NSW, AUSTRALIA
Brisbane Oﬃce
Brisbane 4000 QLD, AUSTRALIA
Perth Oﬃce
Simon te Brinke, EyeJack - Business Partner
Perth 6000 WA, AUSTRALIA
Darwin Oﬃce
Rosebery 0832 NT, AUSTRALIA
[email protected]
www.eyejack.io
Get in Touch

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Thank You.

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RFP Response:

Augmented Reality
experience for Desi
Memorial Mural
- Presented by:
- Dan Krolczyk
- [email protected]
-
Welcome to CreatorUp

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CreatorUp;AugmentedRealityexperienceforDesiMemorialMural

1. Theartistsapproachtotheproject.

Datingallthewaybacktothe1960’s,bringingdepthtoa2Dartexhibithastransformedartpiecestobeingmoredynamic,interactiveandhasprovidedanalternateperceptiontoviewers.YayoiKusamausedmirrorstobringfreshlifetoherpiece-Phalli’sFieldbackin1965.ThemirrorsweretheARofherday,bringinginanotherdimensiontoherpiece.OurapproachcanbesummedupwithhowonecuratorsurmisedYayoi’swork;wehopeto“envelopetheviewer,creatinganencounter”withthepiecewithone’sownperception.

2. HowdoyouplantoworkwiththeMuralistandCityStaff?
Takingauniqueapproachtoeachstakeholderisvitaltoanyprojectsuccess.It’simportantwedon’tputourcreativestakeholdersintoabox,butprovideguardrailstofunneltheMuralist’svisionintoadigitalworld.OurDiscoveryprocessputstheMuralistastheheroandourteamastheguide.Ourroleistobegreatlistenerssowecanleadwelloncewecrossintothe3DandARphasesoftheproject.AsfarasCityStaff,theprojectisthevisionofthecommunityandthosestaffwillknowbestifthatvisioniscomingtolifeinawaythathonorsandstewardstheresourcesbehinditwell.Weimplementchecksandinputreviewperiodsthatensurewedon’tgettoofaraheadwhilemakingprogresstowardourendgoal.

3. YourPitchabouttheprojectelementsthataregoingtobeintheanimation.

Wefeelreallycomfortablesaying“tobedetermined.”What’simportanttomakingtheanimationgreatwillbegettinginputfromtheMuralist,puttingourselvesintheplaceofprospectiveviewers,anddiscoveringwhatwillgrabtheirattentiontoprovidethedesiredemotionalconnectiontotheartworkanditspurpose.Whatwecansayforcertain,isitwillbekeythatanythingshownintheARexperiencehasitsoriginfromtheartworkitself.

4. Storyboardsothecitycouncilcanvisualizeyourproposal(optional).

Storyboardfortheuserﬂowcanbefoundbyclickinghere.Thisisforﬂowonly,designelementswillbedeterminedintheDiscoveryandDesignphases,respectively.

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5. Thebudget(includinghostingfeesandotherfeesthattheCityneedstopayannuallyifthereareany).

BudgetwillfollowtheRFPbudgetguidelines.Yearlyhostingwouldbe$75peryear.

6. TheTimeline
We’veprovidedatimelinethatincludes(2)revisionsperphasebasedonaprojectlaunchinthecomingweeks.Clickheretoviewthatcalendar.Phasefortheprojectcanbesummarizedas:● Discovery○ Consultationwiththemuralist.○ CreationofaMood/ConceptsBoard● Design○ 3Danimationdesign.○ UserInterfacedesign.● Development○ ARanimationswillbeupto(20)secondsinlengthaswellasincorporatingsound.○ Supports2Dand3Delementsforavarietyofdevices.○ Photoandvideocaptureaswellasshareabilitytosocialmedia.○ Inclusiveofanalyticreporting.● Launch○ Testingofexperienceon-sitealongwithinstructionalsignage.○ Onboardingandtutorialsprovidedtokeystakeholderswhomayinterfaceregularlywithviewers.

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About CreatorUp
CreatorUp is a leading content production platform, powered by 8000 creators, superserving education, tech and brands. Clients including GE, Florida, Dell, Discover Financial, UCLA, The Special Olympics, Google Serving Veterans, Verizon, McGraw Hill, Pearson and many more count on CreatorUp. We understand the scope of the different video styles needed by SGA and are very familiar with the format, while continuing to innovate new ways to make those kinds of videos more engaging, faster, more dynamic and ultimately more affordable.

Using the power of the exclusive www.CreatorUp.com platform, we pride ourselves in helping clients produce more video content quality and quantity. We think about innovations in planning, production and editing to yield you a more engaging video experience. Instead of having a particular style of videos we ‘do’ like a lot of agencies, we work on what is the most unique answer to your challenge; getting the BEST and MOST video for your needs, to your audience at that moment in time, on whatever platform or device they’re on; and it’s all done in project management proprietary software and process that our clients love. Below you’ll see a selection of many similar video projects.

We’re refreshingly transparent compared to the rest of the video industry. For example, our rate cards and project pricing is there for the world to see with thousands of the most popular project types.. However, we consider every client’s needs a bespoke opportunity to innovate.

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Brands that rely on CreatorUp; for video innovation:

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Simpliﬁed
ordering
process
Best of breed
8,000+ creators
and creative
pros
Easy access
to project
metrics
Superior
customer
service
AI
Integration
CreatorUp is the new and better way to create content;VideoVRMixed Reality Scalable Solutions

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Our Approach to this project:

CreatorUp is honored and enthusiastic to present our proposal to be selected as a vendor for the City of Indio's Desi Memorial Wall project. We take immense pride in our expertise in augmented reality technology and our ability to seamlessly integrate it into a meaningful and impactful experience. Our team brings a wealth of experience in designing immersive AR experiences that engage and educate visitors, ensuring that the Desi Memorial Wall becomes a focal point of remembrance and reﬂection.

We are committed to the City of Indio's vision for this project and understand the importance of preserving and honoring the legacy of Desi Arnaz. Our proposal includes a comprehensive plan to create an augmented reality experience that not only showcases his remarkable life and contributions but also provides an interactive and emotionally resonant journey for all who visit. We look forward to the opportunity to collaborate with the city and contribute to this important cultural and historical landmark, fostering a deeper connection between the community and its heritage. CreatorUp stands ready to deliver an innovative and immersive AR experience that will help tell Desi’s legacy and stand the test of time.

As in all CreatorUp custom projects; we help select the ideal team for your project and we are proud to recommend Pakko De La Torre.

Our vision aligns with yours to co-create an augmented reality engagement experience. As personal project leader, the family battles of cancer hit close to home and helping inspire others to learn, believe and thrive would be an amazing gift.

CreatorUp and our partners value this project. We intent to design the project with a our top artists and design partners and highly recommend a web-enabled, no-app required hosting experience with our partners at 8thWall; the reliable gold standard in AR hosted experiences.

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INCLUDED IN PROJECT: STAGE 1

CONSULT AND CREATE

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INCLUDED IN PROJECT: STAGE 2

LAUNCH, HOST, SUPPORT TEACH

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INCLUDED IN PROJECT: STAGE 3
INSTALL, MAINTENANCE; PROTECT, LONGEVITY

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Ease of use with CreatorUp and 8thWall
User Experience Expected:
1) Your guests approach wall, read
instructions, scan QR Code
2) Guest will land on the Welcome Page and
receive instructions
3) After accepting a few
prompts/permissions, the user will land
on the experience
4) The experience page will show a camera
view with a reticle to line the user’s view
up with the mural
5) Scanning the mural will start the
animations and unlock the magic

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About the Artist: Chris Lambeth
Chris Lambeth, a multi-talented artist specializing in 3D design, illustration, animation, art direction, and motion graphics. I've had the fantastic opportunity to collaborate with incredible brands from all corners of the world. As your creative partner, I'll pour my heart and soul into crafting artwork and media that truly captures the essence of your product and brand. Together, let's create a seamless and unforgettable experience that resonates with your audience.

Hometown: Spokane, WA
Chris’ recent projects include: RAZER, Fenty Skin, NZXT Some of Chris’ work can be seen on this project reel

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Recent ProjectsCase studies
Case Studies

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BRANDED VIDEO CONTENT
Similar Project
SkyAquarium ; 8thWall – try it now; scan with your smartphone:

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BRANDED VIDEO CONTENT
Similar Project
Luxor Obelisk Paris; 8thWall, AtomicDigital

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BRANDED VIDEO CONTENT
Similar Project
Network partner project
example Houdini Interactive AR-pops
Brand project, Seattle WATCH

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BRANDED VIDEO CONTENT
Similar Project
Network partner project example Houdini Interactive Rosewood Explorers

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BRANDED VIDEO CONTENT
Similar Project
Houdini ofﬁces interactive mural wall

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BRANDED VIDEO CONTENT
Similar Project
Fenty Brand example; w/ CreatorUp network partner Houdini

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BRANDED VIDEO CONTENT
Early Concept
As fans approach wall they will be invited to engage, take video and photo selﬁes and post their stories of hope.

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UPS project
Augmented Training VR Truck experience

BRANDED VIDEO CONTENT

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Mattel project
Augmented Toy Experience project

BRANDED VIDEO CONTENT

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DeLorean project
Branded VR Coverage/social media promotion

BRANDED VIDEO CONTENT

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Other non-proﬁt and regional impact projects that matter Case Studies

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Aids / Lifecycle 2022, 2023
Event Content & Coverage
Seven Day Charity Event
Content, Coverage and Live Stream
Provide promotional video content, on-event
mission content, daily event recaps, and opening,
mid and closing live streams for a 3000 person
event between San Francisco and Los Angeles.

Project Goal
The Project
CreatorUp produced staffed the event with
producers, camera operators, editors and live
stream directors to create three promotional
videos, two orientation videos, three short
documentaries, seven daily event recaps and
three live stream events.

Our Approach
Watch Video
Watch Video
Watch Video

CASE STUDY

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It Gets Better, California
Doc Series for Social Media

CASE STUDY
Short documentary series for LGBTQ+ advocacy
organization
● To highlight the intersectional work of
young LGBTQ+ activists
● To promote LGBTQ+ Olympic athletes
around the world
Project Goal
The Project
Out in Front featured ﬁve activists from across
the US and was honored with a Telly Award.

Passion, Power, Performance proﬁled four
athletes from the US, Brazil and the UK and was
sponsored by Proctor & Gamble.

Our Approach
Watch Video
Watch Video

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CASE STUDY
PARAMOUNT CBS: WATCH KPIX REDWOODS RISING in 360VR

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City of Huntington BeachBranded Custom City Project

BRANDED VIDEO CONTENT
Click on the image to play video
Work closely with the Twitter Brand team to
champion their new 2021 branding and create a
series motion graphics templates to use live
during their live event coverage.

Project Overview
Project Goal
Our Approach
Live online coverage of Various Twitter Events
CreatorUp and Twitter have a long partnership.

After they rebranded in January 2021, CreatorUp
handled all their live coverage events, and branded
motion graphics using their new branding
guidelines and philosophy.

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Los Angeles EDF Branded Custom City Project

Project Overview
Project Goal
Our Approach
Live online coverage of Various Twitter Events
CreatorUp and Twitter have a long partnership.

After they rebranded in January 2021, CreatorUp
handled all their live coverage events, and branded
motion graphics using their new branding
guidelines and philosophy.

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CASE STUDY

WATCH CAL STATE PARKS PORTS

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Special Olympics World Games
360VR Livestream, Documentaries, & Social

CASE STUDY
Special Olympics World Games 2019 Abu Dhabi
Create excitement for the Games’ 50th
anniversary, and build support for and highlight
the talent of the 7,000 athletes from 195 nations.

Project Goal
The Project
We traveled the globe to meet awe-inspiring
athletes and shoot social media content and our
360VR series, Meet The Determined.

During the Games, our live daily broadcast was
the ﬁrst Olympics to be seen in 360VR.

Our Approach
Meet Calvin Massenburg
Meet The Determined
Special Olympics BTS, Athens, Greece

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ContactDan [email protected]

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City of Indio
City Council
November 15, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10404 authorizing a one (1) year extension of Tentative Tract Map No. 37447 from November 15, 2023 to November 15, 2024 for Affresco West (Case File No. 2023-07-60) comprised of approximately 43 acres within Assessors' Parcel Numbers 691-150-008 and 692-010-012, located northeast of Monroe Street and Avenue 40.

RECOMMENDATION:

Approve Resolution No. 10404 authorizing a one (1) year extension of Tentative Tract Map No. 37447 from November 15, 2023 to November 15, 2024 for Affresco West (Case File No. 2023-07- 60) comprised of approximately 43 acres within Assessors' Parcel Numbers 691-150-008 and 692- 010-012, located northeast of Monroe Street and Avenue 40.

SUMMARY:

Request by Springland Corporation for a one (1) year extension of Tentative Tract Map No. 37447 (Case No. 2023-07-60)
BACKGROUND INFORMATION:

Background:

On May 15, 2019, City Council adopted Resolution No. 10083 for Tentative Tract Map 37447, approving the subdivision of approximately 43.87 acres of vacant land into one hundred forty-six (146) single-family residential lots within a gated community. The property located North of Avenue 40, and East of Monroe Street. As a condition of approval for Tentative Tract Map 37447, the entitlement would expire two (2) years from the date of approval, unless extended, pursuant to the City of Indio Subdivision Ordinance and the State Subdivision Map Act.

On September 28, 2020, Governor Gavin Newson approved Assembly Bill No. 1561, which extended by 18 months, the period for expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on March 4, 2020 and that will expire before December 31, 2021, except as specified. As such, an automatic 18-month time extension was granted for TTM 37447, resulting in a new expiration date of November 15, 2022.

On May 13, 2022, the City of Indio Community Development Department received an application requesting a time extension for TTM 37447. Over the past year, Springland Corporation has been conducting marketing studies to determine the type of housing that would be marketable, the appropriate size of the houses and the types of amenities that would be required. The project AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 325 of 538 designer has been coordinating with the Indio Engineering Department regarding project conditions and with utility agencies regarding utility infrastructure and connections. The Applicant anticipates final map recordation within the next 9 months.

Pursuant to Indio Municipal Code, Chapter 156.024(D), The Director of Community Development may grant a one-year administrative extension of time provided that the property is properly maintained and free of weeds and debris. On June 12, 2022, the City approved a one-year time extension for TTM 37447, resulting in a new expiration date of November 15, 2023.

Discussion/Analysis:

On June 22, 2023, the City of Indio Community Development Department received an application requesting a second time extension for TTM 37447. Pursuant to Indio Municipal Code, Chapter 156.024(D), the City Council may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribed by the Subdivision Map Act. Pursuant to California Government Code Section 66452.6, the time at which a map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six (6) years.

The following Table summarizes the original approval and time extensions applicable to TTM 37447:

Action Approval Date Usable Life Expiration Date
TTM 37447 Approved 05/15/2019 2 05/15/2021
AB 1561 (effective 09/29/2020) Auto +1.5 11/15/2022
1st Time Extension
(administrative)
06/12/2022 +1 11/15/2023
2nd Time Extension (City Council) 11/15/2023* +1 11/15/2024 *If approved at November 15, 2023 City Council Meeting

The proposed time extension would be the 2nd extension approved by the City, resulting in a total extension of two years, which does not exceed the maximum discretionary extension period of up to 6 years, pursuant to the Subdivision Map Act.

Public Notice:

Public Notices were mailed to property owners within 500 feet of the subject property on November 3, 2023.

Environmental Assessment:

The TTM 37447 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 to cause a significant effect on the environment as the resolution only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA. As such, the proposed resolution 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 and the activity is not subject to CEQA.

ATTACHMENTS:

Attachment 1 - Resolution 10404 - TTM37447
Attachment 2 - Vicinity Map_TTM37447

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 326 of 538 Attachment 3 - TTM 37447
Attachment 4 - Extension Application_TTM37447
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 09 Nov 2023 Steven Graham, City Attorney Approved - 09 Nov 2023
Alan Garcia, Accountant Approved - 09 Nov 2023
Bryan H. Montgomery, City Manager Approved - 09 Nov 2023

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 327 of 538 1 RESOLUTION NO. 10404

RESOLUTION NO. 10404 OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, EXTENDING THE EXPIRATION DATE OF TENTATIVE TRACT MAP 37447 – AFFRESCO WEST, FROM NOVEMBER 15, 2023 TO NOVEMBER 15, 2024

WHEREAS, on May 15, 2019, City Council adopted Resolution No. 10083 for Tentative Tract Map 37447, approving the subdivision of approximately 43.87 acres of vacant land into one hundred forty -six (146) single-family residential lots within a gated community. The property is located North of Avenue 40, and East of Monroe Street. As a condition of approval for Tentative Tract Map 37447, the entitlement would expire two (2) years from the date of approval, unless extended, pursuant to the City of Indio Subdivision Ordinance and the State Subdivision Map Act; and,
WHEREAS, on September 28, 2020, Governor Gavin Newson approved Assembly Bill No. 1561, which extended by 18 months, the period for expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on March 4, 2020 and that will expire before December 31, 2021, except as specified; and,
WHEREAS, Tentative Tract Map No. 37447 received an automatic extension through November 15, 2022, in accordance with AB 1561; and, WHEREAS, on June 22, 2023, the applicant, Springland Corporation, requested a 12-month extension for Tentative Tract Map No. 37447; and, WHEREAS, the Development Services Director granted a one (1) year extension of Tentative Tract Map No. 37447 on July 12, 2022; and, WHEREAS, Section 6.05.01(F)(2)(b) of the Indio Unified Development Code authorizes the City Council to approve additional time extensions; and, WHEREAS, Pursuant to California Government Code Section 66452.6, the time at which a map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six (6) years.

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

Section 1. The above recitations are true and correct.

Section 2. The City Council finds and determines that the extension request is consistent with the City of Indio General Plan 2040 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. 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.

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 328 of 538 2 Section 3. The e xtension 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 resolution only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA. As such, the proposed resolution 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 4. The City Council hereby approves a one (1) year extension of Tentative Tract Map No. 37447.

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

PASSED, APPROVED, and ADOPTED this 15th day of November 2023.

OSCAR ORTIZ, MAYOR

ATTEST:

SABDI SANCHEZ

CITY CLERK ADMINISTRATOR

APPROVED AS TO FORM:

STEVEN P. GRAHAM

CITY ATTORNEY

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 329 of 538 4-’cucu
x L..-|—’U).‘cuOLcO2
"Legend|:IProjectSite__ _ _ E _ I _ __H_
_~ '-' - _:_ _r=_.-71_VicinityMapTTM37447-AffrescoWest

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 330 of 538 MONROE STREETAVENUE 4012345678977787980818283848586666768697071722324252627282930313233343536374041424344454647484950515253541011121314151617181920212255567374757665575859606162636487888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146LOT "D"9,013 SF9,196 SF9,131 SF8,757 SF8,525 SF9,115 SF9,171 SF10,809 SF9,375 SF8,255 SF8,256 SF8,257 SF8,258 SF8,259 SF8,259 SF8,040 SF15,260 SF12,159 SF8,640 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,250 SF8,250 SF8,250 SF8,250 SF8,250 SF8,250 SF8,842 SF8,908 SF8,796 SF8,511 SF8,100 SF10,394 SF10,376 SF10,190 SF9,422 SF8,823 SF8,823 SF8,823 SF8,827 SF9,605 SF9,599 SF9,599 SF9,598 SF9,598 SF9,598 SF9,597 SF9,597 SF9,596 SF9,207 SF9,836 SF9,007 SF11,875 SF11,272 SF8,789 SF8,244 SF8,250 SF8,250 SF8,250 SF8,250 SF8,250 SF8,250 SF8,250 SF8,250 SF15,713 SF12,232 SF9,421 SF8,354 SF8,254 SF8,255 SF8,880 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,880 SF8,473 SF14,655 SF13,986 SF8,254 SF8,008 SF8,001 SF8,100 SF8,100 SF8,100 SF8,100 SF8,100 SF8,100 SF8,534 SF8,025 SF8,025 SF8,025 SF8,025 SF8,025 SF8,097 SF10,984 SF14,871 SF8,229 SF8,664 SF8,670 SF8,675 SF8,680 SF8,373 SF14,628 SF12,834 SF8,508 SF8,634 SF8,634 SF8,634 SF8,634 SF8,634 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF9,195 SF9,321 SF8,085 SF8,085 SF8,085 SF8,085 SF8,082 SF8,088 SF8,085 SF8,085 SF8,085 SF8,085 SF9,321 SF9,195 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SF8,085 SFLOT "B"LOT "C"LOT "E"LOT "F"LOT "G"LOT "H"LOT "I"LOT "J"LOT "K" 106'
76'
107'
75'
105'
75'
108'
75'75'
108'
75'75'
107'
75'75'
107'
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108'
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75'156'164'66'
168'
27'55'106'
75'
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130'
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108'
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75'
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110'
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63'75'
110'
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76'135'
80'
80'
118'
43'
85'134'175'75'83'109'75'108'75'110'75'111'109'75'112' 110'110'75' 54'38'38'54'77'54'54'
75'76'75'
43'
76'
86'87'86'35'75'75'75'86'90'90'88'80'75'75'19,699 SF13,390 SF / 0.31 AC.3,325 SF / 0.08 AC.9,453 SF / 0.22 AC.19,201 SF33,442 SF48,259 SF60,196 SF52,760 SF3,201 SF0.07 AC.1.21 AC.1.38 AC.1.11 AC.0.77 AC.0.44 AC.0.45 AC.LOT "I"R=1000' R=200'R=200'R=200' R=200'R=300' R=700' NATILLA PLACE R = 60'R = 61'R = 60'R = 61'
R = 61'
41'
60'60' MICHELANGELO DRIVEPIENO DI SOLE PLACESTREET " A"STREET " B"STREET " D"STREET " C"STREET " E"STREET " F"STREET " G"STREET " H"STREET " A" 21'11'
32'
41'
SOUTH 1/4 COR. SEC. 2 &NORTH 1/4 COR. SEC. 11
2'
PROP. RIGHT OF WAY

DEDICATION
32'
PROP. 40TH AVENUERIGHT OF WAY VACATION
30'
41'
41'
41'
41'
EX. R/W
LOT "A"1,988 SF0.05 AC.
30' R/W PERBK 502 PG 243REC. 05/06/1941, O.R.

PROP. RIGHT OF WAYDEDICATION
EX. C/L & SECTION LINE
PROP. CURB & GUTTER
EX. R/W & BOUNDARY
PROP. R/W & BOUNDARY
=2106'55" L=267.16' R=724.93'
=3016'23" L=339.45' R=642.46'

30.00'

60.00'
20' WIDE ESMT. FOR SEWERPURPOSES PER MB 409/97-102
AABBBB
BBBB BBR=700'BB
20'
388,883 SF397,936 SF
75'
106'106'106'129'
75'
79'
12'9'

SECTION A-AMONROE STREET
(COLLECTOR)
64'
2%
A.C. PAVEMENTOVER A.B.
2%
6' 12' 9'
MIN.

SIDEWALK
21'
32' (IMPROVEMENTS BY OTHERS)
(PUBLIC ROAD)N.T.S.

TRAVEL LANE
CL 21'
6'
MIN.

SIDEWALK
5'
11'
5'
11'
R/WPROP.R/WFUTURE

TRAVEL LANE
32'
20'

LANDSCAPED PARKWAY
P/LPROP.

A.C. PAVEMENT
OVER A.B.
2% 2%
WEDGE
41' R/WR/W
CURB
SECTION B-BSTREETS "A" THRU "H",MICHELANGELO DRIVE & PIENO DI SOLE PLACE (PRIVATE ROAD)N.T.S.
10' 10'
P.U.E. P.U.E.

SHEETSHEETS1
OF
1 TENTATIVE TRACT MAP NO. 37447DATA TABLEASSESSOR'S PARCEL NUMBERS:691-150-008, 692-010-012 & LOT Z (MB 409/97-102)EXHIBIT DATE: MAY 2, 2018SOURCE OF TOPOGRAPHY:ADDRESS:INLAND AERIAL SURVEYS, INC.7117 ARLINGTON AVENUE - SUITE ARIVERSIDE, CALIFORNIA 92503DATE OF TOPOGRAPHY:MARCH 15, 2017TELEPHONE:(951) 687-4252PUBLIC UTILITY PURVEYORS:IMPERIAL IRRIGATION DISTRICTTHE GAS COMPANYVERIZON COMPANYINDIO WATER AUTHORITYTIME WARNER CABLECOACHELLA VALLEY WATER DISTRICTUNDERGROUND SERVICE ALERTEXISTING GROSS ACREAGE: 41.42 AC.6.04 AC.EXISTING ZONING:PROPOSED ZONING:EXISTING GENERAL PLAN LAND USE:PROPOSED GENERAL PLAN LAND USE:PROJECT MASTER PLAN (PMP)PROJECT MASTER PLAN (PMP)RESIDENTIAL LOW (RL)LAND USE DESCRIPTION: ACREAGE:7.78 AC.EXISTING EASEMENT NOTES:ZONE D - AREA OF UNDETERMINED FLOOD HAZARDAS SHOWN ON RIVERSIDE COUNTY, CALIFORNIA, FLOOD INSURANCE RATE MAPS,COMMUNITY PANEL MAP NUMBERS 06065C-1650GFEMA FLOOD ZONE DESIGNATION:EFFECTIVE DATE: AUGUST 28, 2008.EXHIBIT PREPARER:ADDRESS:MSA CONSULTING, INC.34200 BOB HOPE DRIVERANCHO MIRAGE, CALIFORNIA 92270CONTACT:MICHAEL S. ROWE (PE C56069)TELEPHONE:(760) 320-9811APPLICANT /ADDRESS:SPRINGLAND CORPORATION1600 KAPIOLANI BOULEVARD - SUITE 1036HONOLULU, HAWAII 96814CONTACT:YUN DEOK SONGTELEPHONE:LIQUEFACTION:LOW-MODERATE / MODERATE LIQUEFACTION ZONENOTES:1.2.RESIDENTIAL LOW (RL) IN THE CITY OF INDIO, THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIALEGAL DESCRIPTION:(760) 335-3640(800) 427-2200(800) 483-5000(760) 391-4038(760) 340-1312(760) 398-2651(800) 227-2600PROPOSED SINGLE FAMILY RESIDENTIAL LOTS (LOTS 1 - 147): PROPOSED PRIVATE STREETS29.97 AC.PROPOSED PRIVATE OPEN SPACE (LOTS "A" - "K"):SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIANLOT 139 MB 409/97-102 IN THE NORTHWEST QUARTER OF SECTION 11 & LOT 140 MB 409/97-102 IN THE EAST
NORTH
SOUTH
WEST

CENTERLINE

EASEMENT

EXISTING
NUMBER

PROPOSED

RIGHT OF WAY

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

EX.

NO.

PROP.

R/W
TYP.

ABBREVIATIONS
P.U.E. PUBLIC UTILITY EASEMENT

ACREAGEAC

CURB AND GUTTERC&G

ASSESSORS PARCEL NUMBERAPN

E/P EDGE OF PAVEMENT

SF SQUARE FEET

RADIUSR
STANDARDSTD.

A.C. ASPHALT CONCRETE

P/L PROPERTY LINE
N.T.S. NOT TO SCALE
MIN. MINIMUM
MAX. MAXIMUM

EXISTING OVERHEAD TELEPHONE

EXISTING IRRIGATION

EXISTING GAS

EXISTING SEWER

EXISTING RIGHT OF WAY

EXISTING EASEMENT

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EXISTING SEWER FORCE MAIN

EXISTING IRRIGATION DRAIN LINE

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EXISTING CONTOURS

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LEGEND

EXISTING WATER

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EXISTING TELEPHONE

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LAND OWNER:1THIS MAP DOES INCLUDES THE ENTIRE CONTIGUOUS OWNERSHIP OF THETHERE ARE NO EXISTING DWELLINGS, BUILDINGS, OR OTHER STRUCTURES KNOWN ONLAND DIVIDER.THIS PROPERTY.ELECTRICGASTELEPHONEWATERCABLESEWERUSA43.79 AC.PROPOSED NET ACREAGE:(STREET "A" - "H", MICHELANGELO DRIVE, & PIENO DI SOLE PLACE):A RESERVATION IN FAVOR OF THE UNITED STATES OF AMERICA, FOR DITCHES AND CANALPURPOSES, PER PATENT IN BK. 8, PG. 244, REC. 04/28/1922, O.R. (BLANKET IN NATURE)PROPOSED RIGHT OF WAY DEDICATION (MONROE STREET): 0.11 AC.PROPOSED RIGHT OF WAY VACATION (40TH AVENUE / LOT Z MB 409/97-102): 2.48 AC.DATA TABLE CONTINUED N.T.S.VICINITY MAP41ST AVENUECITY OFINDIOGORE STREETJACKSON STREET42ND AVENUEMADISON STREET40TH AVENUEMONROE STREET38THAVE.INTERSTATE 10EASTSIDE DRIVECOUNTY OFRIVERSIDE R:\2379\ACAD\Planning\Tentative Map\2379 TTM 37447.dwg, 6/25/2018 10:02:02 AM, ddewegeli, MSA Consulting, Inc.

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T...Page 331 of 538 CityofIndioCommunityDevelopmentDepartment100CivicCenterMalltakeCenterStage Indio,California92201(760)391-4120(760)391-4027Faxwww.indio.org PLANNINGAPPLICATIONFiledinconjunctionwithEnvironmentalApplication (ForStaff)HTEFileNumber
DateSubmitted:June22.2023
Applicant(whois?nanciallyresponsible):SpringbndCorpora?on projectName:AffrescoWestTR37447
ApplicantName:SpringlandCorporation
Address,Telephone,&Fax,E-mailaddress,website:1600KapiolaniBoulevardSuite1036Honolulu,HI96814808-955-5071Office808-944-4892Faxyunsongcpa@hotmai|.com projectLocation;BetweentheIndioCitylimitsandtheAllAmericanCanalatMonroeStreetandnorthoftheAllAmericanCanal.

Assessor'sParcelNumbers:591‘15°‘°°8-592'°1°'°12
streetAddress‘generalstreetlocation;northeastoftheintersectionofMonroeStreetandAvenue40 BriefProjectDescription,includingacreage,existingproposednumberofparcels,plannedlandusesandconcepts(Attachadditionalsheetsasnecessary).Anexampleisshownbelow.Example.“tosubdividea50—aci‘eareaiiiio100resideiiiial/oisinaprivaiijgazedi'@si'deiili'a/COI77I77U/7/Iy.LocatedonI/76‘normsideof/lve-42.eas!ofMonroeS1.APN616-280-006andG75-280-007ThisapplicationisforthesecondextensionoftimeforTR37447.Thetractproposestosubdivide43acresinto146singlefamilyresidentiallots,parks,retentionpondsthatconnectstothereviouslyrecordedAffrescodevelopmentthatallowsupto457dwellings.TheproposedAffrescoWestwilconnecttoAffrescowithgnvatestreetswithinaseparategatedcommunityaccessedfromMonroeStreet.Thedevelopmentwillebuilt0twoparcelsandtheabandonedright-of-wayforAvenue40,eastofMonroeStreet.

Page31LaslUpdal:0215/'_’lf)23

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AGENDA ITEM #12.3
Resolution No. 10404 authorizing a one (1) year extension of Tentative T... Page 332 of 538 City of Indio
City Council
November 15, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10377 establishing Standardized Quimby Act Parkland Acquisition In-Lieu Fees
RECOMMENDATION:

Adopt Resolution No. 10377 establishing Standardized Quimby Act Parkland Acquisition In-Lieu Fees pursuant to the Development Impact Fee Study dated October 15, 2021 adopted by the City Council on November 17, 2021 and determining this action is exempt from environmental review pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations SUMMARY:

Adoption of a standardized fee schedule for the calculation and payment of required Quimby Act Parkland Acquisition In-Lieu Fees pursuant to the Development Impact Fee Study dated October 15, 2021 adopted by the City Council on November 17, 2021 BACKGROUND INFORMATION:

California Government Code Section 66477 also known as the Quimby Act authorizes municipalities to impose a requirement on residential subdivisions including parcel maps the dedication of land for parks the payment of fees in lieu of parkland dedication. The City Council passedOrdinance No. 1325 on November 6, 2002 establishing Sections 156.130 through 140 of the Indio Municipal Code entitled “Park and Recreation Land Dedication and Fees”.

Section 156.130-140 of the Indio Municipal Code require that the calculation of Quimby Act parkland acquisition in lieu of fees be based on the fair market value of land within a subdivision and as a result of said requirement, these fees are calculated on a case-by-case basis depending on the fair market value of the land being subdivided at the time a project is approved. Pursuant to applicable provisions of Section 156.130-140 of the Indio Municipal Code, the formula to determine the Quimby Act parkland acquisition in lieu of fees is the number of dwelling units x population per dwelling unit by development type (occupancy factor) x .003 acres per capita x market value of land per acre x 75 percent cost recovery level. Based on the provisions of Section 156.130-140 of the Indio Municipal Code, applicants that pay the Quimby Act parkland acquisition in lieu of fees must submit to the City a fair market value appraisal report prepared by a qualified individual or firm to be utilized in the calculation of the fees.

Other municipalities in the State of California have adopted a schedule of standardized Quimby Act parkland acquisition in lieu of fees based on an estimated average cost per acre for parkland in the City. On November 17, 2021, the City Council approved Resolution No. 10242 adopting the AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 333 of 538 Development Impact Fee Study dated October 15, 2021 and adopting amended development impact fees/ Chapter 3 (Park Land and Improvements) of the October 15, 2021 Development Impact Fee Study. More specifically Table 3.4 of the Study establishes standardized Quimby Act parkland acquisition in lieu fees per dwelling unit for residential subdivisions based on the cost per capita specified in Table 3.3 of the Study and the population per dwelling unit from Table 2.1 of the Study.

The City Council will be considering the approval of an ordinance amending Section 156.134 (Fees In Lieu of Dedication) of the Indio Municipal Code concurrently with adoption of this Resolution establishing standardized Quimby Act parkland acquisition in lieu of fees.

Public Notice:

California Government Code Section 66017 (a) specifies that any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project, as defined in Section 66000, which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall be enacted in accordance with the notice and public hearing procedures specified in Section 54986 or 66016 and shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge. California Government Code Section 66018 (a) specifies that prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. Further, California Government Code Section6062 (a) specifies that publication of notice pursuant to this section shall be for 10 days in a newspaper regularly published once a week or oftener and also notes two publications, with at least five days intervening between the dates of first and last publication not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day.

On November 1, 2023 and November 8, 2023, the City Clerk Administrator published a notice of public hearing in the Desert Sun, the newspaper of record, pertaining to the proposed adoption of standardized Quimby Act parkland acquisition in lieu of fees and the amendment to Section 156.134 (Fees In Lieu of Dedication) of the Indio Municipal Code.

Environmental Review:

Section 15061(b)(3) of Title 14 of the California Code of Regulations specifies that an activity can be exempt from the California Environmental Quality Act (CEQA) 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.

Staff believes that the adoption of standardized Quimby Act parkland acquisition in lieu of fees is in the public safety, health and welfare in so far as said adoption will reduce current inconsistent and uncertain procedural applications in the calculation of said fees and will provide a more efficient and reliable method of calculation.

ATTACHMENTS:

Attachment 1- Resolution No. 10377_Standardized Quimby In Lieu Fees Attachment 2 - City of Indio Final Development Impact Fee Study

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AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 334 of 538 APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 07 Jul 2023 Steven Graham, City Attorney Approved - 10 Jul 2023
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 12 Jul 2023 Bryan H. Montgomery, City Manager Approved - 12 Jul 2023

Page 3 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 335 of 538 1 RESOLUTION NO. 10377

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

CALIFORNIA ESTABLISHING STANDARDIZED QUIMBY ACT

PARKLAND ACQUISITION IN- LIEU FEES AND DETERMINING THIS

ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
SECTION 15061(B)(3) OF TITLE 14 OF THE CALIFORNIA CODE OF

REGULATIONS

WHEREAS, California Government Code Section 66477 also known as the Quimby Act authorizes municipalities to impose a requirement on residential subdivisions including parcel maps the dedication of land for parks the payment of fees in lieu of parkland dedication; and,
WHEREAS, Ordinance No. 1325 passed on November 6, 2002 by the City Council established Sections 156.130 through 140 of the Indio Municipal Code entitled “Park and Recreation Land Dedication and Fees”; and,

WHEREAS, Section 156.130- 140 of the Indio Municipal Code require that the calculation of Quimby Act parkland acquisition in lieu of fees be based on the fair market value of land within a subdivision and as a result of said requirement, these fees are calculated on a case-by-case basis depending on the fair market value of the land being subdivided at the time a project is approved; and,

WHEREAS, pursuant to applicable provisions of Section 156.130-140 of the Indio Municipal Code, the formula to determine the Quimby Act parkland acquisition in lieu of fees is the number of dwelling units x population per dwelling unit by development type (occupancy factor) x .003 acres per capita x market value of land per acre x 75 percent cost recovery level; and,

WHEREAS, based on the provisions of Section 156.130-140 of the Indio Municipal Code, applicants that pay the Quimby Act parkland acquisition in lieu of fees must submit to the City a fair market value appraisal report prepared by a qualified individual or firm to be utilized in the calculation of the fees; and,
WHEREAS, other municipalities in the State of California have adopted a schedule of standardized Quimby Act parkland acquisition in lieu of fees based on an estimated average cost per acre for parkland in the City; and,

WHEREAS, on November 17, 2021, the City Council approved Resolution No. 10242 adopting the Development Impact Fee Study dated October 15, 2021 and adopting amended development impact fees; and,

WHEREAS, Chapter 3 (Park Land and Improvements) of the October 15, 2021 Development Impact Fee Study and more specifically Table 3.4 establishes standardized Quimby Act parkland acquisition in lieu fees per dwelling unit for residential subdivisions

Page 4 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 336 of 538 2 based on the cost per capita specified in Table 3.3 of the Study and the population per dwelling unit from Table 2.1 of the Study; and,
WHEREAS, California Government Code Section 66017 (a) specifies that any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project, as defined in Section 66000, which applies to the filing, accepting, reviewing, approving, or issuing of an application , permit, or entitlement to use shall be enacted in accordance with the notice and public hearing procedures specified in Section 54986 or 66016 and shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge; and,

WHEREAS, California Government Code Section 66018 (a) specifies that prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a; and,

WHEREAS, California Government Code Section 6062 (a) specifies that publication of notice pursuant to this section shall be for 10 days in a newspaper regularly published once a week or oftener and also notes two publications, with at least five days intervening between the dates of first and last publication not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day; and,

WHEREAS, Section 15061(b)(3) of Title 14 of the California Code of Regulations specifies that an activity can be exempt from the California Environmental Quality Act (CEQA) 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; and,

WHEREAS, the City Council will be considering the approval of an ordinance amending Section 156.134 (Fees In Lieu of Dedication) of the Indio Municipal Code concurrently with adoption of this Resolution establishing standardized Quimby Act parkland acquisition in lieu of fees; and,

WHEREAS, on November 1 , 2023 and November 8, 2023, the City Clerk Administrator published a notice of public hearing in the Desert Sun, the newspaper of record, pertaining to the proposed adoption of standardized Quimby Act parkland acquisition in lieu of fees and the amendment to Section 156.134 (Fees In Lieu of Dedication) of the Indio Municipal Code; and,

WHEREAS, the adoption of standardized Quimby Act parkland acquisition in lieu of fees is in the public safety, health and welfare in so far as said adoption will reduce current inconsistent and uncertain procedural applications in the calculation of said fees and will provide a more efficient and reliable method of calculation; and,

Page 5 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 337 of 538 3 WHEREAS, on November 15, 2023, the City Council held a duly noticed public hearing to consider the adoption of standardized Quimby Act parkland acquisition in lieu of fees.

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

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

Section 2. The City Council hereby adopts the following Standardized Quimby Act parkland acquisition in lieu of fees as specified in Table 3.4 of the October 15, 2021 Development Impact Fee Study previously adopted by the City Council on November 17, 2021:

Section 3. Severability. If any provision, or any portion thereof, contained in this resolution is held unconstitutional, invalid or unenforceable, the remainder of this resolution, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

Section 4. Effective Date. The fees imposed by this Resolution shall be applicable to all subdivisions where the tentative map or tentative parcel map is filed on or after sixty (60) calendar days following the effective date of this Resolution.

Section 5. Certification. The City Clerk Administrator shall certify to the adoption of this Resolution.

/ / /
/ / /
/ / /

Page 6 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 338 of 538 4 PASSED, APPROVED AND ADOPTED this 15th of November, 2023

LUPE RAMOS AMITH

MAYOR PRO TEM

ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

Page 7 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 339 of 538 Final Report
Development Impact Fee Study
October 15, 2021
nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Page 8 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 340 of 538 Table of Contents
Executive Summary................................ ................................ ................................ ......................... S-1 Organization of the Report ....................................................................................................................S-1 Development Projections ......................................................................................................................S-1 Impact Fee Analysis................................................................................................................................S-2 Recovery of Administrative Costs..........................................................................................................S-5 Impact Fee Summary .............................................................................................................................S-5 Chapter 1. Introduction................................ ................................ ................................ ................... 1-1 Purpose ..................................................................................................................................................1-1 Legal Framework for Developer Fees ....................................................................................................1-1 Recent Legislation..................................................................................................................................1-6 Impact Fee Calculation Methodology....................................................................................................1-6 Facilities Addressed in this Study...........................................................................................................1-8 Chapter 2. Development Data ................................ ................................ ................................ .........2-1 Setting ....................................................................................................................................................2-1 Study Area..............................................................................................................................................2-1 Time Frame ............................................................................................................................................2-1 Development Types ...............................................................................................................................2-1 Residential Development and Population .............................................................................................2-2 Non-Residential Development...............................................................................................................2-3 Demand Variables..................................................................................................................................2-3 Demand Factors.....................................................................................................................................2-5 Existing and Forecasted Development ..................................................................................................2-5 Chapter 3. Park Land and Improvements ................................ ................................ ......................... 3-1 Demand Variable ...................................................................................................................................3-1 Service Area ...........................................................................................................................................3-1 Existing Facilities ....................................................................................................................................3-1 Quimby Act Fees in Lieu of Park Land Dedication .................................................................................3-2 Indio’s Existing Quimby Act Ordinance..................................................................................................3-3 Standardardized Quimby Act In-Lieu Fees.............................................................................................3-3 Existing Level of Service .........................................................................................................................3-4 Cost per Capita.......................................................................................................................................3-4

Page 9 of 103 ends

AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 341 of 538 In-Lieu Fees and Impact Fees per Unit...................................................................................................3-5 Projected Revenue.................................................................................................................................3-6 Updating the Fees..................................................................................................................................3-8 Nexus Summary .....................................................................................................................................3-8 Chapter 4. Fire Protection Facilities ................................ ................................ ................................ .4-1 Methodology..........................................................................................................................................4-1 Demand Variable ...................................................................................................................................4-1 Level of Service ......................................................................................................................................4-2 Service Area ...........................................................................................................................................4-2 Facility Needs .........................................................................................................................................4-2 Cost per Capita of Service Population....................................................................................................4-5 Impact Fee per Unit of Development ....................................................................................................4-5 Projected Revenue.................................................................................................................................4-6 Use of the Impact Fees ..........................................................................................................................4-7 Updating the Fees..................................................................................................................................4-7 Nexus Summary .....................................................................................................................................4-7 Chapter 5. Police Facilities................................ ................................ ................................ ............... 5-1 Methodology..........................................................................................................................................5-1 Demand Variable ...................................................................................................................................5-1 Level of Service ......................................................................................................................................5-1 Service Area ...........................................................................................................................................5-1 Facility Needs .........................................................................................................................................5-2 Cost per Capita of Service Population....................................................................................................5-2 Impact Fees per Unit of Development...................................................................................................5-3 Projected Revenue.................................................................................................................................5-3 Use of the Impact Fees ..........................................................................................................................5-4 Updating the Fees..................................................................................................................................5-4 Nexus Summary .....................................................................................................................................5-4 Chapter 6. Public Buildings................................ ................................ ................................ ..............6-1 Methodology..........................................................................................................................................6-1 Demand Variable ...................................................................................................................................6-1 Level of Service ......................................................................................................................................6-1 Service Area ...........................................................................................................................................6-1

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AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 342 of 538 Existing Facilities ....................................................................................................................................6-1 Cost per Capita of Service Population....................................................................................................6-3 Impact Fees per Unit of Development...................................................................................................6-3 Projected Revenue.................................................................................................................................6-4 Use of the Impact Fees ..........................................................................................................................6-5 Updating the Fees..................................................................................................................................6-5 Nexus Summary .....................................................................................................................................6-5 Chapter 7. Roads and Bridges................................ ................................ ................................ ..........7-1 Methodology..........................................................................................................................................7-1 Service Area ...........................................................................................................................................7-1 Level of Service ......................................................................................................................................7-1 Demand Variable ...................................................................................................................................7-1 Facility Needs .........................................................................................................................................7-1 Cost per Peak Hour Trip.........................................................................................................................7-2 Impact Fee per Unit of Development ....................................................................................................7-2 Projected Revenue.................................................................................................................................7-3 Updating the Fees..................................................................................................................................7-3 Nexus Summary .....................................................................................................................................7-4 Chapter 8. Traffic Signals................................ ................................ ................................ ................. 8-1 Methodology..........................................................................................................................................8-1 Service Area ...........................................................................................................................................8-1 Level of Service ......................................................................................................................................8-1 Demand Variable ...................................................................................................................................8-1 Facility Needs .........................................................................................................................................8-1 Cost per Peak Hour Trip.........................................................................................................................8-2 Impact Fee per Unit of Development ....................................................................................................8-2 Projected Revenue.................................................................................................................................8-3 Updating the Fees..................................................................................................................................8-3 Nexus Summary .....................................................................................................................................8-4 Chapter 9. Storm Drainage Improvements................................ ................................ ....................... 9-1 Methodology..........................................................................................................................................9-1 Service Area ...........................................................................................................................................9-1 Level of Service ......................................................................................................................................9-1

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AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 343 of 538 Demand Variable ...................................................................................................................................9-1 Existing and Future Development..........................................................................................................9-1 Cost per Acre of Impervious Cover ........................................................................................................9-3 Impact Fees per Net Acre of Development ...........................................................................................9-4 Projected Revenue.................................................................................................................................9-5 Updating the Fees..................................................................................................................................9-5 Nexus Summary .....................................................................................................................................9-5 Chapter 10. Water System Improvements ................................ ................................ ..................... 10-1 Service Area .........................................................................................................................................10-1 Methodology........................................................................................................................................10-1 Level of Service ....................................................................................................................................10-1 Demand Variable .................................................................................................................................10-1 Water System Improvements..............................................................................................................10-1 Cost per Single-Family Dwelling Unit...................................................................................................10-2 Impact Fees by Meter Size...................................................................................................................10-3 Projected Revenue...............................................................................................................................10-3 Updating the Fees................................................................................................................................10-4 Nexus Summary ...................................................................................................................................10-4 Chapter 11. Administrative Fee ................................ ................................ ................................ .....11-1 Chapter 12. Implementation ................................ ................................ ................................ ......... 12-1 Adoption ..............................................................................................................................................12-1 Administration .....................................................................................................................................12-2 Training and Public Information ..........................................................................................................12-7 Recovery of Study Costs and Administrative Costs .............................................................................12-7 Appendices
Comparative Fee Survey – Development Impact Fees Appendix A Comparative Fee Survey – Water Development Appendix B
City of Indio CIP Costs Appendix C
City of Indio Vehicle and Equipment Inventory Appendix D

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AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 344 of 538 City of Indio Page S-1
Development Impact Fee Study
October 15, 2021
Executive Summary
The City of Indio has retained NBS Government Finance Group to prepare this study to analyze the impacts of new development on the City’s capital facilities and infrastructure and to calculate impact fees based on that analysis. The methods used in this study are intended to satisfy all legal requirements of the U. S. Constitution, the California Constitution and the California Mitigation Fee Act (Government Code Sections 66000 et seq.) and The Quimby Act (Government Code Section 66477) where it applies.

Organization of the Report
Chapter 1 of this report provides an overview of the legal requirements for establishing and imposing such fees, and methods that can be used to calculate impact fees.

Chapter 2 contains data on existing and future development that is used in this report.

Chapters 3 through 1 1 analyze the impacts of development on specific types of facilities and calculate impact fees for those facilities. The facilities addressed in this report are listed by chapter below:

Chapter 3. Park Land and Improvements
Chapter 4. Fire Protection Facilities
Chapter 5. Police Facilities
Chapter 6. Public Buildings
Chapter 7. Roads and Bridges
Chapter 8. Traffic Signals
Chapter 9. Storm Drainage Improvements
Chapter 10. Water System Improvements
Chapter 11. Administrative Fee
Chapter 12 contains recommendations for adopting and implementing impact fees, including suggested findings to satisfy the requirements of the Mitigation Fee Act.

Development Projections
Chapter 2 of this report presents estimates of existing development in Indio and projections of future development out to 2040. Because the City’s population fluctuates seasonally, this study uses “full occupancy population” in the impact fee analysis. Full occupancy population assumes that all dwelling units in the City are occupied at any given time.

Future development projected in Chapter 2 indicates that the City’s full occupancy population could increase by about 29% to ju st over 121,000, as undeveloped residential land in the City’s planning area is built out. Although the planning horizon for this study is 2040, the method used to calculate impact fees in this report does not require assumptions about the rate or timing o f future development.

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AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 345 of 538 City of Indio Page S-2
Development Impact Fee Study
October 15, 2021
Impact Fee Analysis
The impact fee analysis for each type of facility addressed in this report is presented in a separate chapter. In each case, the relationship between development and the need for a particular type of facility is defined in a way that allows the impact of a dditional development on facility needs to be quantified.

The impact fees are based on capital costs for facilities and other capital assets needed to mitigate the impacts of additional development. Tables summarizing the impact fees calculated in this report and comparing them with the City’s existing impact fees are presented later in this chapter.

The following paragraphs briefly discuss the approach used to calculate impact fees for each type of facility addressed in this study.

Park Land and Improve ments. Chapter 3 of this report calculates three types of fees for park land acquisition and park improvements:
 Quimby Act fees in lieu of park land dedication for residential subdivisions  Park land acquisition impact fees for residential development not involving a subdivision
 Park improvement impact fees for all residential development The City’s existing Quimby Act ordinance (Ordinance 1325, Indio Municipal Code Sections 156 - 130 to 156-140) requires that residential subdivisions dedicate land for parks or pay fees in lieu of dedication. That ordinance, which was adopted in 2002 , contains a formula for determining the amount of land to be dedicated and stipulates that fees in lieu of land dedication are to be based on the fair market value of the land being subdivided.

An alternative method employed by many cities is to base in -lieu fees on the estimated average cost-per-acre for park land purchased on the open market. That would allow the City to adopt a standardized schedule of in-lieu fees for all residential subdivisions. Chapter 3 shows a schedule of in-lieu fees calculated in that manner. The tables in this Executive Summary show only impact fees for park improvements, not the fees in lieu of park land dedication.

The City may continue calculating project-specific fees based on fair market value or may choose to adopt the standardized in lieu fees calculated in this report. If the City chooses to continue calculating project -specific fees based on fair market value of the land being subdivided, we recommend that the existing ordinance be reviewed and updated.

Chapter 3 also calculates park land impact fees for residential development that does not involve a subdivision. Those fees are base d on the City’s existing ratio of park acres to population and the estimated cost per acre for park land.

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AGENDA ITEM #12.4
Resolution No. 10377 establishing Standardized Quimby Act Parkland Acqui... Page 346 of 538 City of Indio Page S-3
Development Impact Fee Study
October 15, 2021
Finally, Chapter 3 calculates impact fees for park improvements. Those fees are based on Indio’s existing ratio of improved park acreage to population and the estimated cost per acre for park improvements.

All of the in -lieu and impact fees in Chapter 3 are calculated as a cost per capita and then converted into fees per unit of residential development based on the estimated average population per unit for one of the four types of residential development defined in this report.

Because parks and recreation facilities are intended to serve residents of the City, the park and recreation in-lieu and impact fees apply only to residential development.

Fire Protection Facilities. Chapter 4 calculates impact fees for fire protection facilities, apparatus and vehicles by allocating costs for both existing and future Fire Department facilities to both existing and future development, so that the impact fees refl ect new development’s proportionate share of the total capital costs.

Costs are allocated based on service population, which is a weighted composite of residents and employees. (See Chapter 2 for an explanation of service population. ) The impact fees are calculated as a cost per capita of service population and then converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report.

Fire protection impact fees are intended to apply to all new development in the City.

Police Facilities. Chapter 5 calculates impact fees for police facilities, vehicles and equipment by allocating costs for both existing and future Police Department facilities to both existing and future development, so that the impact fees reflect new development’s proportionate share of the total capital costs.

Costs are allocated based on service population, which is a weighted composite of residents and employees. (See Chapter 2 for an explanation of ser vice population. ) The impact fees are calculated as a cost per capita of service population and then converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report.

Police impact fees are intended to apply to all new development in the City.

Public Buildings. Chapter 6 calculates impact fees for Indio’s public buildings including City Hall, the corporate yard, the library and several community centers and cultural facilities, as well as general government vehicles.

This fee is based on the existing level of service for these facilities, defined as the City’s current per-capita investment in public buildings and general government vehicles serving the existing City. The replacement cost of existing public buildings and general government vehicles is divided by the existing service population of the City to arrive at a cost per capita of service population which represents the amount needed from each added unit of service population to maintain the existing level of service as the City grows.

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The cost per capita is converted into fees per unit of development based on the estimated average service population per unit for each type of development defined in this report.

Public building impact fees are intended to apply all new development in the City.

Roads and Bridges. Chapter 7 calculates impact fees for roads and bridges using new development’s share of the estimated Capital Improvement Plan (CIP) cost for future road and bridge projects in the City out to 2040. The cost of those improvements is divided by the projected increase in peak hour trips generated by new development to get a cost per peak hour trip.

The cost per peak hour trip is converted into fees per unit of development using the number of peak hour trips per unit generated by each type of development defined in this report.

Roads and bridges impact fees are intended to apply to all new development in the City.

Traffic Signals. Chapter 8 calculates impact fees for traffic signals based on a set of traffic signal improvements required to serve future development in the City out to 2040. The cost of those improvements is divided by the projected increase in peak hour trips generated by new development to get a cost per peak hour trip.

The cost per peak hour trip converted into fees per unit of development using the number of peak hour trips per unit generated by each type of development defined in this report.

Traffic signals impact fees are intended to apply to all new development in the City.

Storm Drainage Improvements. Chapter 9 calculates impact fees for storm drainage improvements identified in the City’s 2019 Master Drainage Plan Update (MDPU). The cost of those improvements was allocated to both existing and future development based on the acres of impervious cover associated with various types of development.

The total cost of storm drainage system impr ovements identified in the MDPU was divided by the estimated total acres of impervious cover associated with all existing and future development in the City. The result was a cost per acre of impervious cover. That cost per acre and the estimated percentag e of impervious coverage for each type of development was used to calculate drainage impact fees per acre for each type of development defined in the MDPU. Like the City’s existing drainage impact fees, the drainage impact fees calculated in this study areper- acre fees. Those fees will recover only the share of improvement costs attributed to future development in Chapter 9.

Storm drainage impact fees are intended to apply to all new development in the City.

Water System Improvements.Chapter 10 calculates impact fees for water system improvements identified in the Indio Water Authority (IWA) 2019 Master Plan Update (MDPU). The impact fee calculations are based on the cost of improvements needed to serve future development. Those costs are divided by the added gallons per day of water demand created by future development to arrive at a cost per gallon per day.

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That cost per gallon per day is multiplied by the estimated average day water demand for a single- family dwelling unit (SFDU) to get the cost per uni t for that type of development. Water impact fees in this report are based on water meter size. Since the standard water meter size for a single- family unit is a ¾” meter, the impact fee for a ¾” meter is equated to the cost per SFDU. Impact fees for large r meter sizes are scaled up relative to the ¾” meter using flow factors based on meter capacity for the larger meters.

Water impact fees are intended to apply to all new development in the parts of the City served by the Indio Water Authority.

Recovery of Administrative Costs
The City incurs costs to comply with the accounting and reporting requirements of the Mitigation Fee Act, including capital budgeting, fee adjustments, mandated annual reports and periodic impact fee study updates. This study proposes that the City add a 1% administrative charge to all of the impact fees calculated in this report. Table S.2, below, shows the impact fees with that 1% charge added.

Impact Fee Summary
Table S.1 shows the impact fees calculated in this report, except for water impact fees which are shown in Table S.5. Note that drainage impact fees are not included in the Total column in the following tables because they are per-acre fees, while the other impact fees in this table are per- unit fees. Also, the development types used for drainage fees are from the Master Drainage Plan Update and are not identical to the development types used for other impact fees in this table.

The drainage impact fees shown in these tables are for the closest development type match.

Table S.2 shows the proposed impact fees from Table S.1 with a 1% administrative charge added as discussed in the previous section.

Table S.1 Summary of Impact Fees Calculated in This Study Development Parks Public Roads & Traffic Drainage
Type Units 1
Imprvmts Fire Police Buildings Bridges Signals Total (per ac) 2 Residential - Single Family DU 2,942$ 500$ 1,276$ 1,949$ 2,427$ 299$ 9,393$ 2,737$ Residential - Condo/Townhouse DU 2,599$ 442$ 1,127$ 1,722$ 1,373$ 169$ 7,432$ 4,105$ Residential - Apartment DU 2,599$ 442$ 1,127$ 1,722$ 1,373$ 169$ 7,432$ 4,105$ Residential - Mobile Home DU 2,746$ 467$ 1,191$ 1,819$ 1,128$ 139$ 7,490$ 2,737$ Commercial Retail KSF 734$ 1,871$ 2,858$ 9,339$ 1,152$ 15,954$ 4,926$ Commercial - Office KSF 536$ 1,367$ 2,088$ 2,819$ 348$ 7,158$ 4,926$ Industrial KSF 197$ 501$ 766$ 1,544$ 190$ 3,198$ 4,926$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Development types for drainage impact fees are not identical to the development types used for other impact fees

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Table S.3 shows the City’s existing impact fees. Note that the existing non-residential fees for fire, police and public buildi ngs (shaded) have been converted from fees per acre to fees per 1,000 square feet (KSF) of building area for comparability with the proposed fees. A comparison of the impact fees shown in the table below to the cities of La Quinta, Rancho Mirage, Coachella, Desert Hot Springs and Palm Desert is included as Appendix A to this study.

Table S.4 shows the difference between the existing fees in Table S.3 and the proposed fees with the administrative charge in Table S.2. Numbers in parentheses indicate that the proposed fees are lower than the existing fees.

Table S.2 Summary of Impact Fees with 1% Administrative Charge Added Development Parks Public Roads & Traffic Drainage
Type Units 1 Imprvmts Fire Police Buildings Bridges Signals Total (per ac) 1 Residential - Single Family DU 2,972$ 505$ 1,289$ 1,968$ 2,451$ 302$ 9,487$ 2,764$ Residential - Condo/Townhouse DU 2,625$ 446$ 1,138$ 1,739$ 1,386$ 171$ 7,506$ 4,146$ Residential - Apartment DU 2,625$ 446$ 1,138$ 1,739$ 1,386$ 171$ 7,506$ 4,146$ Residential - Mobile Home DU 2,774$ 472$ 1,203$ 1,837$ 1,139$ 140$ 7,564$ 2,764$ Commercial Retail KSF 741$ 1,890$ 2,887$ 9,432$ 1,163$ 16,114$ 4,976$ Commercial - Office KSF 541$ 1,381$ 2,109$ 2,847$ 351$ 7,229$ 4,976$ Industrial KSF 198$ 506$ 773$ 1,560$ 192$ 3,230$ 4,976$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Development types for drainage impact fees are not identical to the development types used for other impact fees Table S.3 Summary of Existing Impact Fees
Development Parks Public Drainage
Type Units 1 Imprvmts Fire 2 Police 2 Bldgs 2 Streets Signals Total (per acre) Residential - Single Family DU 4,227$ 205$ 930$ 1,979$ 1,374$ 262$ 8,977$ 8,961$ Residential - Condo/Townhouse DU 3,303$ 148$ 672$ 1,546$ 816$ 155$ 6,640$ 11,201$ Residential - Apartment DU 2,774$ 125$ 565$ 1,299$ 844$ 161$ 5,768$ 15,682$ Residential - Mobile Home DU 3,303$ 148$ 672$ 1,546$ 816$ 155$ 6,640$ 11,201$ Commercial Retail KSF -$ 60$ 272$ 625$ 3,827$ 971$ 5,755$ 20,162$ Commercial - Office KSF -$ 14$ 62$ 142$ 1,520$ 386$ 2,124$ 20,162$ Industrial KSF -$ 62$ 282$ 649$ 1,000$ 254$ 2,247$ 20,162$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Existing fees per acre (in shaded cells) are converted to fees per KSF for this comparison using the following floor area ratios: commercial retail - 0.25, commercial office - 0.30, industrial - 0.35 Table S.4 Difference Between Existing Fees and Proposed Impact Fees with Administrative Charge Development Parks Public Roads & Traffic Drainage
Type Units 1
Imprvmts Fire Police Buildings Bridges Signals Total (per acre) Residential - Single Family DU (1,255)$ 300$ 359$ (11)$ 1,077$ 40$ 510$ (6,197)$ Residential - Condo/Townhouse DU (678)$ 298$ 466$ 193$ 570$ 16$ 866$ (7,055)$ Residential - Apartment DU (149)$ 321$ 573$ 440$ 542$ 10$ 1,738$ (11,536)$ Residential - Mobile Home DU (529)$ 324$ 531$ 291$ 323$ (15)$ 924$ (8,437)$ Commercial Retail KSF -$ 681$ 1,618$ 2,262$ 5,605$ 192$ 10,359$ (15,186)$ Commercial - Office KSF -$ 528$ 1,319$ 1,967$ 1,327$ (35)$ 5,106$ (15,186)$ Industrial KSF -$ 136$ 224$ 124$ 560$ (62)$ 983$ (15,186)$ 1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area

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Table S.5 shows existing and proposed water impact fees, which are based on water meter size. comparison of the impact fees shown in the table below to the Coachella Valley Water District, Mission Springs Water District and Desert Water Agency is included as Appendix B to this study.

Table S.5. Existing and Proposed Water Impact Fees
Meter Proposed Proposed Existing
Size Impact Fees Fees + 1% Impact Fee Difference
3/4" 3,990$ 4,030$ 4,355$ (325)$
1" 6,651$ 6,717$ 7,403$ (686)$
1-1/2" 13,301$ 13,434$ 13,064$ 370$
2" 21,282$ 21,495$ 23,080$ (1,585)$
3" 46,555$ 47,020$ 46,596$ 424$
4" 79,808$ 80,606$ 72,724$ 7,882$
6" 179,568$ 181,364$ 74,683$ 106,681$
8" 212,821$ 214,950$ 75,642$ 139,308$

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Chapter 1. Introduction
Purpose
The purpose of this study is to analyze the impacts of development on the need for several types of public facilities provided by the City of Indio and to calculate impact fees based on that analysis. This report documents the approach, data and methodolog y used in this study to calculate impact fees as well as Quimby Act park land dedication requirements and in lieu fees.

The methods used to calculate impact fees and in -lieu fees in this report are intended to satisfy all legal requirements governing s uch fees, including provisions of the U. S. Constitution, the California Constitution, the California Mitigation Fee Act (Government Code Sections 66000 - 66025), and, where applicable, the Quimby Act (Government Code Section 66477).

Legal Framework for Developer Fees
This brief summary of the legal framework for development fees is intended as a general overview. It was not prepared by an attorney and should not be treated as legal advice.

U. S. Constitution. Like all land use regulations, development exact ions, including impact fees, are subject to the 5th Amendment prohibition on taking of private property for public use without just compensation. Both state and federal courts have recognized the imposition of impact fees on development as a legitimate form of land use regulation, provided the fees meet standards intended to protect against “regulatory takings.” A regulatory taking occurs when regulations unreasonably deprive landowners of property rights protected by the Constitution.

In two landmark cases dealing with exactions, the U. S. Supreme Court has held that when a government agency requires the dedication of land or an interest in land as a condition of development approval, or imposes ad hoc exactions as a condition of approv al on a single development project that do not apply to development generally, a higher standard of judicial scrutiny applies. To meet that standard, the agency must demonstrate an "essential nexus" between such exactions and the interest being protected ( See Nollan v. California Coastal Commission, 1987) and make an” individualized determination” that the exaction imposed is "roughly proportional" to the burden created by development (SeeDolan v. City of Tigard,1994).

Until recently, it was widely accep ted that legislatively -enacted impact fees that apply to all development in a jurisdiction are not subject to the higher standard of judicial scrutiny flowing from the Nollan and Dolan decisions. But after the U. S. Supreme Court decision in Koontz v. St.

Johns Water Management District (2013), state courts have reached conflicting conclusions on that issue.

In light of that uncertainty, any agency enacting or imposing impact fees would be wise to demonstrate a nexus and ensure proportionality in the calculation of those fees.

Defining the “Nexus.” While courts have not been entirely consistent in defining the nexus required to justify exactions and impact fees, that term can be thought of as having the three

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elements discussed below. We think proportion ality is logically included as one element of that nexus, even though it was discussed separately in Dolan v. Tigard. The elements of the nexus discussed below mirror the three “reasonable relationship” findings required by the Mitigation Fee Act for establishment and imposition of impact fees.

Need or Impact. Development must create a need for the facilities to be funded by impact fees.

All new development in a community creates additional demands on some or all public facilities provided by local government. If the capacity of facilities is not increased to satisfy the additional demand, the quality or availability of public services for the entire community will deteriorate.

Impact fees may be used to recover the cost of development -related facilities, but only to the extent that the need for facilities is related to the development project subject to the fees.

The Nollan decision reinforced the principle that development exactions may be used only to mitigate impacts created by the development project s upon which they are imposed. In this study, the impact of development on facility needs is analyzed in terms of quantifiable relationships between various types of development and the demand for public facilities based on applicable level -of-service standards. This report contains all of the information needed to demonstrate compliance with this element of the nexus.

Benefit. Development must benefit from facilities funded by impact fees. With respect to the benefit relationship, the most basic requirem ent is that facilities funded by impact fees be available to serve the development paying the fees. A sufficient benefit relationship also requires that impact fee revenues be segregated from other funds and expended in a timely manner on the facilities for which the fees were charged. Nothing in the U.S. Constitution or California law requires that facilities paid for with impact fee revenues be available exclusively to development projects paying the fees.

Procedures for earmarking and expenditure of fee revenues are mandated by the Mitigation Fee Act, as are procedures to ensure that the fees are either expended expeditiously or refunded.

Those requirements are intended to ensure that developments benefit from the impact fees they are required to pay. Thus, over time, procedural issues as well as substantive issues can come into play with respect to the benefit element of the nexus.

Proportionality. Impact fees must be proportional to the impact created by a particular development project. Proportion ality in impact fees depends on properly identifying development-related facility costs and calculating the fees in such a way that those costs are allocated in proportion to the facility needs created by different types and amounts of development. The se ction on impact fee methodology, below, describes methods used to allocate facility costs and calculate impact fees that meet the proportionality standard.

California Constitution. The California Constitution grants broad police power to local governments, including the authority to regulate land use and development. That police power is the source of authority for local governments in California to impose impact fees on development. Some impact fees have been challenged on grounds that they are special taxes imposed without voter approval in violation of Article XIIIA. However, that objection is valid only

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if the fees charged to a project exceed the cost of providing facilities needed to serve the project.

In that case, the fees would also run afoul of the U. S. Constitution and the Mitigation Fee Act.

Articles XIIIC and XIIID, added to the California Constitution by Proposition 218 in 1996, require voter approval for some “property-related fees,” but exempt “the imposition of fees or charges as a condition of property development.”
The Mitigation Fee Act. California’s impact fee statute originated in Assembly Bill 1600 during the 1987 session of the Legislature, and took effect in January, 1989. AB 1600 added several sections to the Government Code, beginning with Section 66000. Since that time, the impact fee statute has been amended from time to time, and in 1997 was officially titled the “Mitigation Fee Act.” Unless otherwise noted, code sections referenced in this report are from the Government Code.

The Mitigation Fee Act does not limit the types of capital improvements for which impact fees may be charged. It defines public facilities very broadly to include "public improvements, public services and community amenities." Although the issue is not specifically addressed in the Mitigation Fee Act, it is clear both in case law and statute (see Government Code Section 65913.8) that impact fees may not be used to pay for maintenance or operating costs. Consequently, the fees calculated in this report are based on the cost of capital assets only.

The Mitigation Fee Act does not use the term “mitigation fee” except in its official title. Nor does it use the more common term “impact fee.” The Act simply uses the word “fee,” which is defined as “a monetary exaction, other than a tax or special assessment…that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project ….” To avoid confusion with other types of fees, this report uses the widely -accepted terms “impact fee” and “development impact fee” which both should be understood to mean “fee” as defined in the Mitigation Fee Act.

The Mitigation Fee Act contains requirements for establishing, increasing and imposing impact fees. They are summarized below. It also contains provisions that govern the collection and expenditure of fees and requires annual reports and periodic re -evaluation of imp act fee programs. Those administrative requirements are discussed in the implementation chapter of this report.

Required Findings. Section 66001 requires that an agency establishing, increasing or imposing impact fees, must make findings to:

1. Identify the purpose of the fee;

2. Identify the use of the fee; and,

3. Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed;

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b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project. (Applies when fees are imposed on a specific project.)
Each of those requirements is discussed in more detail below.

Identifying the Purpose of the Fees. The broad purpose of impact fees is to protect public health, safety and general welfare by providing for adequate public facilities. The specific purpose of the fees calculated in this study is to fund construction of certain capital im provements that will be needed to mitigate the impacts of planned new development on City facilities, and to maintain an acceptable level of public services as the City grows.

This report recommends that findings regarding the purpose of an impact fee sh ould define the purpose broadly, as providing for the funding of adequate public facilities to serve additional development.

Identifying the Use of the Fees. According to Section 66001, if a fee is used to finance public facilities, those facilities must be identified. A capital improvement plan may be used for that purpose but is not mandatory if the facilities are identified in a General Plan, a Specific Plan, or in other public documents. In this case, we recommend that the City Council adopt this re port as the public document that identifies the facilities to be funded by the fees.

Reasonable Relationship Requirement. As discussed above, Section 66001 requires that, for fees subject to its provisions, a "reasonable relationship" must be demonstrated between:

1. the use of the fee and the type of development on which it is imposed;

2. the need for a public facility and the type of development on which a fee is imposed; and,

3. the amount of the fee and the facility cost attributable to the development on which the fee is imposed.

These three reasonable relationship requirements, as defined in the statute, mirror the nexus and proportionality requirements often cited in court decisions as the standard for defensible impact fees. The term “dual rational nexu s” is often used to characterize the standard used by courts in evaluating the legitimacy of impact fees. The “duality” of the nexus refers to (1) an impact or need created by a development project subject to impact fees, and (2) abenefit to the project from the expenditure of the fees.

Although proportionality is reasonably implied in the dual rational nexus formulation, it was explicitly required by the Supreme Court in the Dolan case, and we prefer to list it as the third element of a complete nexus.

Development Agreements and Reimbursement Agreements. The requirements of the Mitigation Fee Act do not apply to fees collected under development agreements (see Govt. Code Section

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66000) or reimbursement agreements (see Govt. Code Section 66003). The same is true of fees in lieu of park land dedication imposed under the Quimby Act (see Govt. Code Section 66477).

Existing Deficiencies. In 2006, Section 66001(g) was added to the Mitigation Fee Act (by AB 2751) to clarify that impact fees “shall not include costs attributable to existing deficiencies in publi c facilities,…” The legislature’s intent in adopting this amendment, as stated in the bill, was to codify the holdings of Bixel v. City of Los Angeles(1989), Rohn v. City of Visalia(1989), and Shapell Industries Inc. v. Governing Board (1991).

That amendment does not appear to be a substantive change. It is widely understood that other provisions of law make it improper for impact fees to include costs for correcting existing deficiencies.

However, Section 66001(g) also states that impact fees “mayinclude the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan.” (Emphasis added.) Impact Fees for Existing Facilities. Impact fees may be used to recover costs for existing facilities to the extent that those facilities are needed to serve additional development and have the capacity to do so. In other words, it must be possible to show that fees used to pay for existing facilities meet the need and benefit elements of the nexus.

The Quimby Act. The Quimby Act (Government Code Section 66477), which pre -dates the Mitigation Fee Act, authorizes a city or county to require dedication of land, payment of fees in - lieu of dedication, or a combination of both, for park and recreational purposes as a condition of approval of a residential subdivision. The city or county must adopt an ordinance that includes definite standards for determining the proportion of the subdivision to be dedicated and the amount of the in-lieu fees to be paid.

Under the Quimby Act, land dedication and in -lieu fee requirements are based on the ratio of park acres to population in the jurisdiction. That ratio may not exceed three acres per thousand residents unless the existing ratio is higher but is limited to five acres per thousand. The population added by the subdivision is determined by the number of dwel ling units and the average number of persons per household.

The population and the average number of persons per household in the city or county are to be based on the most recent federal census. Park acreage is to be based on the area of neighborhood and community parks in the city or county at the time of that census.

The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. A 2013 amendment to the Quimby Act added a provision that in -lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision paying the fees is located, if certain conditions are met (see paragraph (a)(3)(B) of Section 66477). “Neighborhood” is not defined in the statute.

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The Quimby Act requires that the legislative body adopt a general plan or specific plan containing policies and standards for parks and recreational facilities, and that the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivision.

The Quimby Act provides that if park and recreational services and facilities are provided by a public agency other than a city or county, the amount and location of park land to be dedicated or fees to be paid shall be jointly determined by th at other public agency and the city or county having jurisdiction. The land or fees shall be conveyed directly to the public agency that provides park and recreational services on a communitywide level if that agency elects to accept the land or fee.

Only payment of fees may be required for subdivisions containing 50 units or less, or for condominium, stock cooperative or community apartment projects.

Recent Legislation
Several new laws enacted by the State of California in 2019 to facilitate development o f affordable housing will affect the implementation of in -lieu fees and impact fees calculated in this study. Below are brief overviews of some key bills passed in 2019.

SB 330 – The Housing Crisis Act of 2019.Amendments to existing law contained in SB 330 prohibit the imposition of new approval requirements on a housing development project once a preliminary application has been submitted. That provision applies to increases in impact fees and in -lieu fees, except when the resolution or ordinance establis hing the fee authorizes automatic, inflationary adjustments to the fee or exaction.

AB 1483 – Housing Data: Collection and Reporting.AB 1483 requires that a city, county or special districts must post on its website a current schedule of its fees and exac tions, as well as associated nexus studies and annual reports. Updates must be posted within 30 days.

SB 13 – Accessory Dwelling Units. SB 13 prohibits the imposition of impact fees on accessory dwelling units (ADUs) smaller than 750 square feet and provides that impact fees for ADUs of 750 square feet or more must be proportional to the square footage of the primary dwelling unit. The proportionality requirement means that impact fees for ADUs of 750 square feet or more must be calculated on a case-by-case basis during the approval process.

Existing law requires a water or sewer connection fee or capacity charge for an accessory dwelling unit requiring a new or separate utility connection to be based on either the accessory dwelling unit’s size or the numb er of its plumbing fixtures. SB 13 revises the basis for calculating the connection fee or capacity charge to either the accessory dwelling unit’s square feet or the number of its drainage fixture units.

Impact Fee Calculation Methodology
Any one of severa l legitimate methods may be used to calculate impact fees. The choice of a particular method depends primarily on the service characteristics of, and planning requirements for, the facility type being addressed. Each method has advantages and disadvantag es in a

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particular situation. To some extent they are interchangeable, because they all allocate facility costs in proportion to the needs created by development.

Allocating facility costs to various types and amounts of development is central to all methods of impact fee calculation. Costs are allocated by means of formulas that quantify the relationship between development and the need for facilities. In a cost allocation formula, the impact of development is measured by some attribute of development such as added population or added vehicle trips that represent the impacts created by different types and amounts of development.

Plan-Based or Improvements-Driven Method. Plan-based impact fee calculations are based on the relationship between a specifie d set of improvements and a specified increment of development. The improvements are typically identified in a facility plan, while the development is identified in a land use plan that forecasts potential development by type and quantity.

Using this method, facility costs are allocated to various categories of development in proportion to the service demand created by each type of development. To calculate plan-based impact fees, it is necessary to determine what facilities will be needed to serve a particular increment of new development.

With this method, the total cost of eligible facilities is divided by the total units of additional demand to calculate a cost per unit of demand (e.g. a cost per capita for parks). Then, the cost per unit of demand i s multiplied by factors representing demand per unit of development (e.g. population per unit) to arrive at a cost per unit of development.

This method is somewhat inflexible in that it is based on the relationship between a specific facility plan and a specific land use plan. If either plan changes significantly the fees will have to be recalculated.

Capacity-Based or Consumption -Driven Method . This method calculates a cost per unit of capacity based on the relationship between total cost and total c apacity of a system. It can be applied to any type of development, provided the capacity required to serve each increment of development can be estimated and the facility has adequate capacity available to serve the development. Since the cost per unit o f demand does not depend on the particular type or quantity of development to be served, this method is flexible with respect to changing development plans.

In this method, the cost of unused capacity is not allocated to development. Capacity-based fees are most commonly used for water and wastewater systems, where the cost of a system component is divided by the capacity of that component to derive a unit cost. However, a similar analysis can be applied to other types of facilities. To produce a sched ule of impact fees based on standardized units of development (e.g. dwelling units or square feet of non -residential building area), the cost per unit of capacity is multiplied by the amount of capacity required to serve a typical unit of development in each of several land use categories.

Standard-Based or Incremental Expansion Method. Standard-based fees are calculated using a specified relationship or standard that determines the number of service units to be provided for

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each unit of development. The standard can be established as a matter of policy or it can be based on the level of service being provided to existing development in the study area.

Using the standard-based method, costs are defined on a generic unit-cost basis and then applied to development according to a standard that sets the number of service units to be provided for each unit of development.

Park in-lieu and impact fees are commonly calculated this way. The level of service standard for parks is typically stated in terms of acres of parks per thousand residents. A cost-per-acre for park land or park improvements can usually be estimated without knowing the exact size or location of a particular park. The ratio of park acreage to popul ation and the cost per acre for parks is used to calculate a cost per capita. The cost per capita can then be converted into a cost per unit of development based on the average population per dwelling unit for various types of residential development.

Facilities Addressed in this Study
Impact/in-lieu fees for the following types of facilities are addressed in this report:
 Park Land and Improvements (Chapter 3)
 Fire Facilities (Chapter 4)
 Police Facilities (Chapter 5)
 Public Buildings (Chapter 6)
 Road and Bridge Improvements (Chapter 7)
 Traffic Signals (Chapter 8)
 Storm Drainage Improvements (Chapter 9)

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Chapter 2. Development Data
This chapter presents data on existing and future development that will be used to calculate impact fees in subsequent chapters of this report.

The information in this chapter may be used to establish levels of service, analyze facility needs, and/or allocate the cost of capital facilities between existing and future development and among various types of new development.

Setting
The City of Indio is located in Riverside County, approximately 120 miles east of Los Angeles and 20 miles east of Palm Springs. The City straddles Interstate 10 and is bordered by the City of La Quinta to the west, unincorporated Riverside County to the south and to the north, and the City of Coachella to the east. Indio is the largest and fastest growing city in eastern Riverside County.

Study Area
The study area for this study is the planning area defined in Indio’s General Plan 2040, which includes both the existing incorporated City and the sphere of influence. The future development scenario used in this study assumes buildout of all developable land within the study area.

Time Frame
No time frame is assumed for the buildout of future development projected in this s tudy. The methods used to calculate impact fees in this study do not require assumptions regarding the rate or timing of development.

Development Types
The development types defined in this study are intended to reflect actual land uses rather than zoning or general plan land use designations. The following breakdown of development types is used throughout this study:
 Residential - Single Family
 Residential – Condominium/Townhouse
 Residential – Apartment
 Residential – Mobile Home
 Commercial - Retail
 Commercial - Office
 Industrial
 Public Facilities/Schools
 Parks/Open Space

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Residential Development and Population
As indicated in the list above, this study classifies residential development into four categories:
single-family, condominiums and townhouses, apa rtments and mobile homes (in mobile home parks). Dwelling units are used as the basic measure of the amount of existing and future development in each residential category.

The graph at right shows the California
Department of Finance (DOF) official
January 1 population estimates for the
City of Indio for the years from 2010
through 2019.

DOF’s population estimate for Indio has
grown at an average rate of 1.8% per
year sinc e 2010. The City’s estimated
January 1, 2019 population of 89,406 is
an increase of 13,370 or 17.5% from a
population of 76,036 at the time of the
2010 Census.

The figures shown above reflect the City’s total population, including both household population and population in group quarters such as dormitories, group homes and correctional facilities.

The group quarters population in Indio was estimated at 925 in 2019, which is just over 1% of the total population. For purposes of this study, only household population is used to represent impacts on public facilities.

It is important to note that the official Census Bureau and Department of Finance population estimates reflect only the City’s permanent population. An estimated vacancy rate of 19.5% in Indio indicates that a significant percentage of the dwellings in Indio are occupied seasonally.

That means the official population estimates understate the service demand represented by residential development in Indio.

Once a dwelling unit has been approved and constructed, the City is committed to serve the demand created by that unit, even if that demand is seasonal. The City has no control over whether or when such units are occupied.

Thus, to better represent the City’s service commitments, this study uses “full -occupancy population” to represent the demand for public services and the facilities that support them. As used in this study, “full -occupancy population” means the number of people who would reside in the City if all dwelling units existi ng at a particular time were occupied. Unless otherwise indicated, when the term “population” is used in subsequent chapters of this report, it is intended to mean full-occupancy population.

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In this study, the full -occupancy population is estimated for eac h category of residential development by multiplying the number of units (existing or future) in that category by the average population per unit for that type of development.

This study uses data from the U. S. Census Bureau’s 2017 American Community Surv ey 5-year Estimates to calculate the population per dwelling unit factors for each category of residential development defined in this study. Those factors are shown in Table 2.1.

Non-Residential Development
In this study, private, non -residential developm ent is classified into three categories:

Commercial-Retail, Commercial-Office, and Industrial. For purposes of impact fee analysis, non - residential development can be measured in a number of ways. In this report, the basic unit used for commercial, offic e and industrial development is gross building area in thousands of square feet, which is abbreviated “KSF.”
Two other categories of non-residential development are used in this study: Public Facilities and Schools, and Parks and Open Space. The amount of existing and future development in the Public Facilities category is measured in terms of net developed acres.

Demand Variables
To calculate impact fees, the relationship between facility needs and development must be quantified in cost allocation formu las. Certain measurable attributes of development (for example, added population or added vehicle trips) are used as “demand variables” in those formulas to represent the impact of different types of development on various types of facilities.

Demand variables are selected either because they directly measure the service demand created by various types of development, or because they are reasonably correlated with that demand.

For example, the need for parks in a community is typically defined in terms of the relationship between population and acres of parks. As population grows, more parks are needed to maintain that relationship. Logically, then, the increase in population related to new residential development is an appropriate yardstick, or demand variable, for use in measuring the impact of development on the need for additional parks.

Each demand variable has a specific value for each type of development defined in this study.

Those values may be referred to as “demand factors.” So, if thedemand variable used to calculate impact fees for a particular type of facility is added population, the demand factor for single- family residential development would be the population per dwelling unit for that specific type of development.

Demand variables used in this study are discussed below. Specific demand factors can be found in Table 2.1.

Population. Resident population is used in this study to represent the need for facilities such as parks and community centers that are intended to serve residents of the City. Those facilities are impacted by the additional population associated with residential development and are not

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impacted substantially by non -residential development. As discussed above, because of seasonality in Indio’s population, the popul ation used to calculate impact fees in this study is “full-occupancy population”
Service Population. Population alone does not represent all of the impacts of development on facilities that serve both residential and non -residential development. A variable called service population is commonly used to calculate impact fees for certain types of public facilities and will be used in this study.

Service population is a composite variable that includes both residents of the City and employees of businesses in Indio. Population is included to represent the impacts of residential development and employees are included to represent the impacts of non -residential development, such as retail, office and industrial development.

Because the impact of one new resident is not necessarily the same as the impact of one new employee, each component of the service population is given a weight relative to a base weight of 1.0.

Service population is intended to approximate the number of people present in the City at a particular time, usually as a weekly average. It is difficult to estimate that number precisely for several reasons. Some residents work in the City, some residents commute to work outside the City, and some residents don’t work at paid jobs. Non -residents may be present in the City for work, shopping, recreation, or any number of other reasons.

In this study, the base weight of 1.0 is assigned to residents. Weights for employees associated with different types of development are based on estimates of the number of hours per week businesses of a certain type are in operation.

Our estimate of the average number of hours per week that residents spend in the City is based in part on an analysis of how many residents commute to work outside the City. We also assume the average resident spends four hours a week outside the City for activities like shopping and recreation.

Census Bureau American Community Survey data for 2017 show that 73.7% of Indio residents between ages 20 and 64 are employed, and that 72% of employ ed residents work outside the City. Assuming that out-commuters spend 47.5 hours a week (9.5 hours per day) outside the City for work and commuting, and that all residents spend 4 hours a week outside the City for shopping and recreation, leads us to the c onclusion that out -commuters spend an average of 116.5 (168 – 47.5 – 4) hours per week in the City. If other residents spend 164 (168-4) hours per week in the City, the weighted average for all residents is 151.1. Dividing that number by 168 hours per week gives us a weight of 0.899 for all residents.

This study assumes that retail businesses operate 12 hours a day, 7 days a week (84 hours) and that other businesses operate only 9 hours a day, 5 days a week (45 hours). The weights assigned to employees of b usiness associated with various types of non -residential development are based on the hours per week of operation divided by 168 total hours per week.

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Table 2.1 shows the service population per unit weights and the service population per unit factors used in this study.

Peak Hour Trips. The demand variable used to calculate impact fees for roads, bridges and traffic signals in this report is peak hour vehicle trips per weekday. Peak hour trips -per-unit-per-day for each type of development defined in this study are shown in Table 2.1.

Demand Factors
Table 2.1 shows the values of demand factors used in this study, by development type.

Existing and Forecasted Development
Summaries of existing and forecasted development by development type in Indio’s planning area are presented in Tables 2.2 through 2.4.

The numbers presented in the following tables indicate that Indio currently has about 77% of its projected 2040 population. As of 2019, single -family residential units make up approximately 65% of all residential units in the City. Tha t number is not projected to change significantly to 2040, although the mix of other residential unit types is projected to change somewhat.

Table 2.1 Demand Factors
Development
Type
Unit
Type
Pop per
Unit 1
Empl per
Unit 2
Svc Pop
Weight 3
Svc Pop per
Unit 4
Pk Hr Trips
per Unit 5
Water Use
(GPD) 6
Residential - Single Family DU 3.00 0.899 3.00 0.99 580 Residential - Condo/Townhse DU 2.65 0.899 2.65 0.56 445 Residential - Apartment DU 2.65 0.899 2.65 0.56 445
Residential - Mobile Home DU 2.80 0.899 2.80 0.46 445
Commercial Retail KSF 2.2 2.000 4.40 3.81 105
Commercial - Office KSF 3.0 1.071 3.21 1.15 105
Industrial KSF 1.1 1.071 1.18 0.63 30
Public Facilities/Schools Acre 6.9 1.071 7.39 8.00 1,130 Parks/Open Space Acre 0.0 N/A 0.00 0.19 1,570
1 Average population per unit based on analysis of data from the U. S. Census Bureau American Community Survey (2017, 5-Year Estimate), Tables B25032 and B25033 2 Employees per unit for retail, office and industrial estimated by NBS based on a study of employment density conducted by the Natelson Co. for the Southern California Association of Governments (SCAG); employees per unit for public facilities/schools based on acreage from the General Plan and employees from the General Plan Update EIR traffic model database 3 Service population weight; see discussion in text
4 Service population per unit = population or employees per unit X service population weight 5 Peak hour trips per unit per day based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition
6 Estimated water demand in gallons per day per unit based on data from the Indio Water Authority (IWA) 2019 Water Master Plan Update

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Table 2.2 on the next page shows estimated existing development in the City as of January 1, 2019, in terms of units, population, service population and weighted peak hour trips.

Table 2.3 shows forecasted future development in Indio’s planning area out to 2040.

Table 2.2 Existing Development as of January 1, 2019
Development Type
Unit
Type 1
No. of
Units 2
Popula-
tion 3
Emplo-
yees 4
Service
Pop 5
Peak Hour
Trips 6
Water Use
(MGD) 7
Residential - Single Family DU 21,956 65,868 65,868 21,736 12.734 Residential - Condo/Townhouse DU 1,344 3,562 3,562 753 0.598 Residential - Apartment DU 5,783 15,325 15,325 3,238 2.573 Residential - Mobile Home DU 3,191 8,935 8,935 1,468 1.420 Commercial Retail KSF 3,061.4 6,735 13,470 11,664 0.321 Commercial - Office KSF 999.3 2,998 3,212 1,149 0.105
Industrial KSF 2,097.3 2,307 2,472 1,321 0.063
Public Facilities/Schools Acre 615.0 4,260 4,547 4,920 0.695 Parks/Open Space Acre 1,926.0 N/A N/A 366 3.024
Totals 93,690 16,300 117,390 46,615 21.534
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Acre = net developed acre 2 Number of existing residential units based on the Department of Finance (DOF) January 2019 E-5 report; commercial and industrial units estimated by NBS based on employment data from the traffic model database used to prepare the General Plan Update EIR; acres of public facilities/schools and parks/open space from the General Plan Update Table 3-1 3 Population = number of residential units X population per unit from Table 2.1; see discussion of full occupancy population in text
4 Employees based on the traffic model database used to prepare the General Plan Update EIR 5 Service population = number of units X service population per unit from Table 2.1 6 Peak hour trips = number of units X peak hour trips per unit from Table 2.1 7 Water use in millions of gallons per day (MGD) = number of units X water use per unit in gallons per day / 1,000,000
Table 2.3 Future Development to 2040
Development Type
Unit
Type
No. of
Units
Popula-
tion
Emplo-
yees
Service
Pop
Peak Hour
Trips
Water Use
(MGD)
Residential - Single Family DU 5,144 15,432 15,432 5,093 2.984 Residential - Condo/Townhouse DU 1,991 5,276 5,276 1,115 0.886 Residential - Apartment DU 2,556 6,773 6,773 1,432 1.137 Residential - Mobile Home DU 0 0 0 0 0.000
Commercial Retail KSF 1,706.7 3,755 7,510 6,502 0.179
Commercial - Office KSF 256.0 768 823 295 0.027
Industrial KSF 816.7 898 963 515 0.025
Public Facilities/Schools Acre 187.8 2,965 1,388 1,502 0.212 Parks/Open Space Acre 82.4 N/A N/A 16 0.129
Totals 27,481 8,387 38,165 16,469 5.579
Note: all figures in Table 2.3 represent the difference between the 2040 development in Table 2.4 and existing development in Table 2.2

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Table 2.4 shows projected total 2040 development.

Table 2.4 Projected Total 2040 Development
Development Type
Unit
Type 1
No. of
Units 2
Popula-
tion 3
Emplo-
yees 4
Service
Pop 5
Peak Hour
Trips 6
Water Use
(MGD) 7
Residential - Single Family DU 27,100 81,300 81,300 26,829 15.718 Residential - Condo/Townhouse DU 3,335 8,838 8,838 1,868 1.484 Residential - Apartment DU 8,339 22,098 22,098 4,670 3.711 Residential - Mobile Home DU 3,191 8,935 8,935 1,468 1.420 Commercial Retail KSF 4,768 10,490 20,980 18,166 0.501
Commercial - Office KSF 1,255 3,766 4,035 1,444 0.132
Industrial KSF 2,914 3,205 3,434 1,836 0.087
Public Facilities/Schools Acre 803 7,225 5,935 6,422 0.907 Parks/Open Space Acre 2,008 N/A N/A 382 3.153
Totals 121,171 24,687 155,555 63,084 27.113
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area; Acre = net developed acre 2 2040 dwelling units projected by NBS based on 2040 population from the General Plan Update traffic model land use database and expected shares of dwelling unit growth by category; 2040 commercial and industrial units projected by NBS based on future employment by category from the General Plan Update traffic model land use database 3 2040 potential population = number of residential units X population per unit from Table 2.1; see discussion of potential population in text
4 2040 employees based on data from the General Plan Update traffic model land use database 5 Service population = number of units X service population per unit from Table 2.1 6 Peak hour trips at buildout = number of units X peak hour trips per unit from Table 2.1 7 Water use in millions of gallons per day (MGD) = number of units X water use per unit in gallons per day / 1,000,000

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Chapter 3. Park Land and Improvements
This chapter updates three different types of fees available to fund park land and improvements to serve the added population associated with new residential development in Indio.

1. Quimby Act In-Lieu Fees - The Quimby Act (Government Code 66477) authorizes the City to require that residential subdivisions dedicate land for parks or pay fees in lieu of dedication. This chapter calculates the in -lieu fees, which apply only to residential projects that involve a subdivision.

2. Park Land Impact Fees– Impact fees for park land acquisition apply to residential projects that do not involve a subdivision and, thus, are not subject to Quimby Act in-lieu fees.

3. Park Improvement Impact Fees . Impact fees to fund park improvements apply to all residential development projects.

Demand Variable
A demand variable is an attribute of development that is used to represent the impact of development on a particular type of facility. The need for parks is almost universally defined in terms of the population to be served, so the demand variable used to calculate both in-lieu fees and impact fees in this chapter is added population.

Because the impact of development on the need for parks is created by an increase in population associated with new residential development, the fees calculated in this chapter will apply only to new residential development.

Service Area
Indio’s parks serve the entire City, so in -lieu fees and impact fees for park land acquisition and park improvements will apply to all new residential development in the City.

Existing Facilities
Both Quimby Act in-lieu fee and park impact fee calculations in this chapter reference a list of the City’s existing parks as part of their basis. Table 3.1 lists Indio’s existing parks and breaks down the acreage of each park into city-owned and city-improved acres.

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Quimby Act Fees in Lieu of Park Land Dedication
Fees in lieu of park land dedication are authorized by the Quimby Act and apply only to residential subdivisions. The calculation of Quimby Act in -lieu fees differs in a number of ways from park impact fees, which are discussed later in this chapter.

The Quimby Act (Government Code Section 66477) authorizes municipalities to impose a requirement on residential subdivisions (including parcel maps) that they dedicate land for parks or pay fees in lieu of park land dedication. The statute requires use of population data from the most recent available federal census, which at the time of this study is the 2010 Census.

Under the Quimby Act, park land dedication req uirements and in -lieu fees should be based on the 2010 ratio of park acreage to population if that ratio is between 3.0 acres per thousand and

5.0 acres per thousand. If the 2010 ratio is lower than 3.0 acres per thousand, the requirement for land dedication or in-lieu fees may be based on 3.0 acres per thousand.

Table 3.1: Existing Parks
Park Park City-Owned City-Improved
Name Type Acres Acres
Miles Avenue Park Community 17.80 17.80
North Jackson Park Community 5.60 5.60
South Jackson Park Community 2.00 2.00
Davis Field Community 9.50 9.50
Burr Street Park Mini/Nbhd 1.97 1.97
Doug York Plaza Mini/Nbhd 0.50 0.50
Shields Park Mini/Nbhd 1.10 1.10
Station 87 Dog Park Mini/Nbhd 0.90 0.90
Marshall Parkway Mini/Nbhd 0.90 0.90
Cahuilla Park Neighborhood 4.80 4.80
Dominguez Park Neighborhood 3.20 3.05
Dr Carreon Park Neighborhood 6.30 6.30
George S. Patton Park Neighborhood 4.20 4.20
Hjorth Park Neighborhood 3.70 3.70
Mulligan Dog Park Neighborhood 1.80 1.80
Yucca Park Neighborhood 1.40 1.40
Indio Sports Complex Community 51.80 -
South Jackson Soccer Park Community 10.50 10.50
Municipal Golf Course Special Use 46.00 46.00
Jacqueline Cochran Park Community 16.40 -
Tingman Park Mini/Nbhd 0.50 0.50
9/11 Memorial Park (CIP) Mini/Nbhd 0.50 -
Total 191.37 122.52
Source: City of Indio parks inventory

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As shown in Table 3.2, Indio’s 2010 ratio was below 3.0 acres per thousand. Consequently, the park land in-lieu fees calculated later in this chapter are based on the minimum ratio of 3.0 acres per thousand.

Indio’s Existing Quimby Act Ordinance
Per Ordinance 1325 (Indio Municipal Code Sections 156-130 to 156-140), Quimby Act parkland acquisition in-lieu fees “…shall be based on the fair market value of land within a subdivision.” As such, the City calculates these fees on a case -by-case basis, depending on the fair market value of the land being subdivided at the time the project is approved using the following formula to determine the fee:

Quimby Act Park Land Acquisition In-lieu fee =
Number of dwelling units
x
Population per dwelling unit by development type (Occupancy Factor) x
.003 acres per capita
x
market value of land per acre
x
75% cost recovery level
It is important to note that the 75% cost recovery level specified in the City’s existing Quimby Act ordinance is not required by the Quimby Act. It represents a policy choice by the City at the time the ordinance was adopted.

Standardized Quimby Act In-Lieu Fees
Although a number of cities in California determine park land in-lieu fees on a case-by-case basis like Indio, most adopt a standardized in -lieu fee schedule based on an estimated average cost per acre for park land in the City. Later in this chapter, we calculate a schedule of standardized in-lieu fees for consideration by the City.

The City may continue calculating project-specific fees based on fair market value or may choose to adopt the standardized in lieu fees calculated in this report. If the City chooses to continue calculating project -specific fees base d on fair market value of the land being subdivided, we recommend that the existing ordinance be reviewed and updated.

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Existing Level of Service
Table 3.2 calculates the existing level of service in acres -per-capita and acres per thousand residents for three types of fees addressed in this chapter: (1) Quimby Act in-lieu fees which apply only to residential subdivisions; (2) park land impact fees which apply only to non -subdivision projects; and, (3) park improvement impact fees which apply to all residential development.

Note that the level of service for Quimby Act in-lieu fees in Table 3.2 is based on 2010 conditions and is less than 3.0 acres per thousand. Consequently, as provided in the Quimby Act, a standard of 3.0 acres per thousand (0.003 acres per capita) will be used to calculate standardized Quimby Act in-lieu fees later in this chapter.

Because of the 2019 California Court of Appeals decision in Boatworks, LLC v. City of Alameda , the acres-per-capita factor used to calculate park land impact fee s for non-subdivision projects is based only on improved park acreage rather than on total acres of City-owned park land.

Cost per Capita
Table 3.3 calculates the cost per capita for the three types of fees calculated in this chapter. The acres-per-capita standards used for the park land impact fee for non-subdivision projects and the park improvement impact fees are from Table 3.2. The acres per capita standard for the park land in-lieu fees is 3.0 acres per thousand (0.003 acres per capita) as providedin the Quimby Act.

Table 3.2: Existing Level of Service
Facility
Existing
Acres 1
Existing
Population 2
Acres per
Capita 3
Acres per
1000 4
Park Land In-Lieu Fees (Subdivisions) 76.52 76,036 0.00101 1.006 Park Land Impact Fees (Non-Subdivision) 122.52 93,690 0.00131 1.308 Park Improvement Impact Fees 122.52 93,690 0.00131 1.308 1 Existing acres for park land in-lieu fees based on 2010 conditions; existing acres for other fees based on 2019 park acreage as shown in table 3.1 2 Existing population for park land in-lieu fees is from the 2010 Census; population for other fees is the 2019 population from Table 2.2
3 Acres per capita = existing acres / existing population 4 Acres per 1,000 population = acres per capita X 1,000

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In-Lieu Fees and Impact Fees per Unit
The next three tables calculate fees per unit by development type for each of the three types of in-lieu fees and impact fees covered in this chapter.

Quimby Act In-Lieu Fees per Unit (Subdivision s). Table 3.4 calculates standardized Quimby Act park land acquisition in-lieu fees per dwelling unit for residential subdivisions based on the cost per capita from Table 3.3 and the population per dwelling unit from Table 2.1. No in-lieu fees per unit are shown for the apartment or mobile home development types because they normally do not involve a subdivision.

Park Land Impact Fees per Unit (Non-Subdivision Projects). Table 3.5 calculates park land impact fees per dwelling unit for residential development not involving a subdivision. Those fees are based on the cost per capita from Table 3.3 and the population per dwelling unit from Table 2.1.

The Condo/Townhouse development type is omitted from this table because that type of development would always involve a subdivision. The single-family residential development type is included in this table because single -family units may be built on existing lots. However, it is Table 3.3: Cost per Capita
Fee Type
Cost per
Acre1
Acres per
Capita 2
Cost per
Capita3
Park Land In-Lieu Fees (Subdivisions) 192,500$ 0.00300 577.50$ Park Land Impact Fees (Non-Subdivision) 192,500$ 0.00131 251.74$ Park Improvement Impact Fees 750,000$ 0.00131 980.79$
1 Park land acquisition cost per acre and park improvement cost per acre estimated by the City of Indio
2 See Table 3.2; acres per capita for park land in-lieu fees based on 3.0 acres per 1,000 as provided in the Quimby Act; acres per capita for other fees based on improved park acres per capita
3 Cost per capita = cost per acre X acres per capita
4 Acres per 1,000 population = acres per capita X 1,000 Table 3.4: Park Land In-Lieu Fees per Unit (Subdivisions) Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
In-Lieu Fee
per Unit 4
Residential - Single Family DU $577.50 3.00 $1,732.50
Residential - Condo/Townhouse DU $577.50 2.65 $1,530.38 1 Units of development: DU = dwelling unit
2 See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit

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important to note that this fee should not be collected if a park land in -lieu fee was col lected when the lot was originally subdivided.

Park Improvement Impact Fees per Unit (All Residential Development). Table 3.6 calculates park improvement impact fees per dwelling unit based on the cost per capita from Table 3.3 and the population per dwelling unit from Table 2.1.

Projected Revenue
The next three tables show revenue projections for the three types of fees calculated in this chapter. Those projections assume that future development occurs as projected in this report.

Quimby Act In -Lieu Fees per Unit (Subdivisions). Table 3.7 shows projected revenue from the Quimby Act in-lieu fees calculated in this chapter, based on the in-lieu fee per unit from Table 3.4 and the number of future units from Table 2.3.

Table 3.5: Park Land Impact Fees per Unit (Non-Subdivisions Projects) Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
Impact Fee
per Unit 4
Residential - Single Family DU $251.74 3.00 $755.21
Residential - Apartment DU $251.74 2.65 $667.10
Residential - Mobile Home DU $251.74 2.80 $704.86
1 Units of development: DU = dwelling unit
2 See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit Table 3.6: Park Improvement Impact Fees per Unit
Development
Type Units 1
Cost per
Capita 2
Population
per DU 3
Impact Fee
per Unit 4
Residential - Single Family DU $980.79 3.00 $2,942.36
Residential - Condo/Townhouse DU $980.79 2.65 $2,599.09 Residential - Apartment DU $980.79 2.65 $2,599.09
Residential - Mobile Home DU $980.79 2.80 $2,746.21
1 Units of development: DU = dwelling unit
2 See Table 3.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X population per dwelling unit

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Park Land Impact Fees per Unit (Non-Subdivisions). Table 3.8 shows projected revenue from the park land impact fees calculated in this chapter, based on the impact fee per unit from Table 3.5 and the number of future units from Table 2.3.

No revenue is shown in Table 3.8 for single -family residential units because the number of such units that might be constructed without involving a new subdivision is u nknown and probably insignificant. No future mobile home units are planned in the City at this time, so no revenue is shown for that development type.

Park Improvement Impact Fees per Unit (All Residential Development). Table 3.9 shows projected revenue from the park improvement impact fees calculated in this chapter, based on the impact fee per unit from Table 3.6 and the number of future units from Table 2.3.

Table 3.7: Projected Revenue from Park Land In-Lieu Fees Development In-Lieu Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU $1,732.50 5,144 8,911,980$ Residential - Condo/Townhouse DU $1,530.38 1,991 3,046,977$ Total 11,958,957$
1 Units of development: DU = dwelling unit
2 See Table 3.4
3 See Table 2.3
4 Projected revenue = fee per unit X future units
Table 3.8: Projected Revenue from Park Land Impact Fees Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Apartment DU $667.10 2,556 1,705,105$
Residential - Mobile Home DU $704.86 0 0$
Total 1,705,105$
1 Units of development: DU = dwelling unit
2 See Table 3.5
3 See Table 2.3
4 Impact fee per unit = cost per capita X population per dwelling unit

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Updating the Fees
The in-lieu fees and impact fees calculated in this chapter are based on the current estimated cost of park land and improvements. We recommend that the fees be reviewed periodically and adjusted as needed using local cost data or an index such as the Engineering News Record Construction Cost Index (CCI)
Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impac t fees calculated in this chapter is to mitigate the impact of new development on the need for parks in Indio.

Table 3.9: Projected Revenue from Park Improvement Impact Fees Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU $2,942.36 5,144 15,135,516$ Residential - Condo/Townhouse DU $2,599.09 1,991 5,174,783$ Residential - Apartment DU $2,599.09 2,556 6,643,267$
Residential - Mobile Home DU $2,746.21 0 0$
Total 26,953,566$
1 Units of development: DU = dwelling unit
2 See Table 3.6
3 See Table 2.3
4 Impact fee per unit = cost per capita X population per dwelling unit

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Use of the Fee. Impact fees calculated in this chapter will be used to provide additional parks to mitigate the impacts of new development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to provide additional parks to serve the needs of added population associated with new residential development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of De velopment on Which the Fee Is Imposed. New development increases the need for parks to maintain the existing level of service, as described earlier in this chapter. Without additional parks, the increase in population associated with new residential development would result in a reduction in the level of service provided to all residents of the City.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the park in -lieu fees and impact fees charged to a residential development project will depend on the increase in population associated with that project. The fees per unit of development calculated in this chapter for each type of residential development are based on the estimated average population per unit for that t ype of development in Indio. Thus, the fee charged to a development project reflects the impact of that project on the need for parks in the City.

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Chapter 4. Fire Protection Facilities
This chapter calculates impact fees for Indio’s fire protection facilities. The City contracts with the Riverside County Fire Department for fire protection, fire prevention, rescue, and emergency medical services. The City owns the fire stations in Indio. Those stations are part of an integrated system of fire protection facilities used by the Riverside County Fire Department to provide fire protection to Indio.

There are five existing fire stations in the City and preliminary plans call for a Public Safety Campus to replace Fire Station 1, as well as for expansion of Fire Station 3. These improvements will be needed to service e xisting and future development in the City. This study assumes that the cost of the Public Safety Campus will be shared between the Fire and Police facility impact fee bases.

Firefighting apparatus assigned to fire stations in Indio is owned by the County and the City contributes to the cost of apparatus through its contract payments to Riverside County Fire Department. The City owns part of a ladder truck, the cost of which is shared between three local cities, as well as a fleet of ambulances and vehicles associated with fire operations. The costs for apparatus are not included in the cost basis for impact fees in this chapter, however the costs of part of the ladder truck as well as City-owned vehicles and ambulances are included.

Methodology
The method used to calculate impact fees in this chapter is the plan -based method discussed in Chapter 1. That method calculates impact fees by allocating the cost of specific facilities to the development served by those facilities. In this case, the cost of existing and future fire stations will be allocated to existing and future development so that all development in the City will share proportionately in the cost of those facilities. The fire protection impact fees calculated in this chapter represent new development’s proportionate share of the cost of Indio’s fire protection facilities.

Demand Variable
A demand variable is an attribute of development that is used to represent the impact of development on a particular type of facility. See Chapter 2 for a general discussion of demand variables and demand factors.

Indio’s Fire Department provides services to both residential and non-residential development in the City, so the demand variable used to calculate impact fees for those facilities is service population, which represents both residential and non -residential development. See Chapter 2 for a detailed explanation of service population.

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Level of Service
The critical measure of level of service for fire protection and emergency medical services is emergency response time. The number of fire stations needed to serve a particular area with acceptable response times is determined by specific conditions within the area. In this case, the number and general location of existing and future fire stations needed to provide an acceptable level of service within the City have been identified by the Indio Fire Department. Those fire stations and their associated apparatus, vehicles and equipment are shown in the tables included within this Chapter.

Service Area
Although individual fire stations are assigned to provide the initial emergency response in a specific area, resources from multiple fire stations are often needed to provide an adequate response to an emergency call. A first alarm response to a small s tructure fire can require resources from as many as five fire stations. So it makes sense to treat the entire City as a single service area for purposes of calculating fire protection impact fees.

That approach is further supported by the fact that calculating separate impact fees for individual fire stations could result in substantially different impact fees for development in different parts of the City receiving essentially the same level of service. This analysis will allocate costs for fire protection facilities citywide, so the impact fees for a particular type of development will be the same throughout the City.

Facility Needs
Table 4.1 on the next page lists existing and planned future fire protection facilities in Indio with estimated building con struction cost for future buildings, depreciated replacement cost for existing buildings, and estimated land cost (for future facilities) or land value (for existing facilities). Estimated building cost or replacement cost includes site development and fur niture, fixtures and equipment.

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Table 4.2 on the next page shows the replacement cost and depreciated replacement cost for the City’s existing ambulances and vehicles. As mentioned above, the City does not own any apparatus besides a portion of a laddertruck. Many items shown in the table are fully depreciated so their cost will not be reflected in the impact fee calculations.

Table 4.1: Existing and Future Fire Stations
Constr Building Site Bldg Cost/ Useful Est Land Depr Building Impact Fee Facility Date Sq Ft
1 Acres
2 Repl Cost
3 Life
4 Cost
5 Repl Cost
6 Cost Basis
7 Fire Station 3 (Madison St) 1980 4,590 1.200 2,991,992$ 50 231,000$ 658,238$ 889,238$ Fire Station 4 (Avenue 40) 2007 7,200 1.830 3,043,779$ 50 352,275$ 2,313,272$ 2,665,547$ Fire Station 5 (Golf Center Pkwy) 2009 7,200 2.000 4,102,830$ 50 385,000$ 3,282,264$ 3,667,264$ Fire Station 3 Expansion Future 2,000 0.000 1,303,700$ 50 -$ 1,303,700$ 1,303,700$ New Public Safety Campus:

Fire Station 1 Replacement Future 13,267 12,648,728$ 50 -$ 12,648,728$ 12,648,728$ New PSS Building (12.5%)
8 Future 2,750 2,288,338$ 50 -$ 2,288,338$ 2,288,338$
Public Safety Campus Site (25%)
9 Future 2.16 414,838$ -$ 414,838$
Site Development (25%)
10 Future 2.16 606,375$ -$ 606,375$
Total 24,484,027$
1 Building square feet provided by the City of Indio
2 Site acres provided by the City of Indio
3 Building cost for Stations 4 & 5 is actual cost; building replacement cost for other existing fire stations based on $651.85 per square foot including furniture, fixtures and building equipment; building cost for future Public Safety Campus provided by City of Indio
4 Useful Life for Fire Station based on City of Indio Finance Department asset records 5 Cost or value of site estimated based on $192,500 per acre; provided by City of Indio 6 Depreciated building replacement cost for existing stations using straight-line depreciation over the useful life of the asset
7 Impact fee cost basis = sum of building, FF&E and site cost or value 8 The Fire Department will occupy an estimated 12.5% of the 22,000 square foot PSS Admin Building 9 Fire Department facilities will occupy an estimated 25% of the 8.62 acre Public Safety Campus 10 Fire Department facilities will require approximately 25% of the estimated site development budget

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Table 4.3 shows the estimated cost of planned future fire apparatus and vehicles. Those estimated costs are used as the impact fee cost basis for those items.

Table 4.4 summarizes the impact fee cost basis figures from the three previous tables. The total cost from Table 4.4 will be used to calculate impact fee calculations in the next section.

Table 4.2: Existing Fire Apparatus and Vehicles
Model Useful Replacement Depr Repl Impact Fee
Year Description Life (Yrs) Cost
1 Cost
2 Cost Basis
3 2002 Pick up 7 24,000$ -$ -$
2005 Multi Function Fire/Ladder Truck (50%) 7 500,000$ -$ -$ 2006 Pick up 7 28,000$ -$ -$
2008 Pick up 7 97,000$ -$ -$
2007 Ambulance 7 225,000$ -$ -$
2003 Ambulance 7 225,000$ -$ -$
2008 Pick up 7 24,000$ -$ -$
2009 Pick up 7 28,000$ -$ -$
2014 Ambulance 7 225,000$ 32,143$ 32,143$
2014 Ambulance 7 225,000$ 32,143$ 32,143$
2014 All Terrain Vehicle 7 14,000$ 2,000$ 2,000$
2014 All Terrain Vehicle 7 14,000$ 2,000$ 2,000$
2016 Ambulance 7 225,000$ 96,429$ 96,429$
2017 Ambulance 7 225,000$ 128,571$ 128,571$
2017 All Terrain Vehicle 7 19,500$ 11,143$ 11,143$
Total 2,098,500$ 304,429$ 304,429$
1 Replacement cost provided by the City of Indio Fleet Department 2 Depreciated replacement cost using straight-line depreciation over the useful life of the asset 3 Impact fee cost basis equals the depreciated replacement cost Table 4.3: Future Fire Apparatus, Vehicles and Equipment No. of Cost Impact Fee
Description Units 1 per Unit 1 Cost Basis 2
Ambulance 2 225,000$ 450,000$
Ladder Truck (50%) 1 700,000$ 700,000$
Total 1,150,000$
1 Information provided by the City of Indio Fire Department 2 Impact fee cost basis = number of units X cost per unit

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Cost per Capita of Service Population
As discussed in Chapter 2, service population is used as the demand variable for the impact fee calculations in this report. Table 4.5 calculates an average cost per capita of service population by dividing the total impact fee cost basis from Table 4.4 by the total 2040 service population of the City, as shown in Table 2.4 in Chapter 2.

Impact Fee per Unit of Development
Impact fees per unit of development by development type are calculated using the cost per capita of service population from Table 4.5 and the service population per unit from Table 2.1. Table

4.6 shows those calculations.

Even though this analysis accounts for service population related to development in the Public Facilities/Schools and Parks/Open Space categor ies, no impact fees are shown for those categories in Table 4.6 because the City cannot normally collect impact fees for that type of development.

Table 4.4: Impact Fee Cost Basis - Existing and Future Assets Total
Component Cost Basis 1
Existing and Future Fire Stations 24,484,027$
Existing Fire Apparatus and Vehicles 304,429$
Future Fire Apparatus and Vehicles 1,150,000$
Total Cost 25,938,456$
1 See Tables 4.1, 4.2 and 4.3
Table 4.5: Cost per Capita of Service Population
Total 2040 Cost
Cost Basis 1 Service Population 2 per Capita 3
$25,938,456 155,555 $166.75
1 See Table 4.4
2 See Table 2.4
3 Cost per capita of service population = total cost basis/ 2040 service population

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Projected Revenue
Table 4.6 Impact Fee per Unit
Development Cost per Svc Pop Impact Fee
Type Units 1 Capita 2 per Unit 3 per Unit 4
Residential - Single Family DU $166.75 3.00 500.24$
Residential - Condo/Townhouse DU $166.75 2.65 441.88$
Residential - Apartment DU $166.75 2.65 441.88$
Residential - Mobile Home DU $166.75 2.80 466.89$
Commercial Retail KSF $166.75 4.40 733.69$
Commercial - Office KSF $166.75 3.21 535.98$
Industrial KSF $166.75 1.18 196.52$
Public Facilities/Schools Acre $166.75 7.39 1,232.74$
Parks/Open Space Acre $166.75 0.00 0.00$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 Cost per capita of service population; see Table 4.5
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit Table 4.7 projects the total revenue from the impact fees calculated in this chapter. That projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per unit from Table 4.6 to added units from Table 2.3 in Chapter 2. No revenue is shown for Public Facilities/Schools or Parks/Open Space because the City normally cannot collect impact fees from those types of development. The total projected revenue shown in Table 4.7 amounts to about 36% of the cost of the planned future facilities listed in Table 4.4.

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Use of the Impact Fees
The impact fees calculated in this chapter will be used to pay for new development’s share of the cost of the future fire facilities described earlier, as well as the acquisition of additional vehicles needed to serve new development in the City.

Updating the Fees
The impact fees calculated in this chapter are based in part on the cost of existing facilities and in part on the estimated cost of future facilities. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect actual costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on whichthe fee is imposed; and
Table 4.7 Projected Revenue
Development Cost Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 500.24$ 5,144 2,573,252$ Residential - Condo/Townhouse DU 441.88$ 1,991 879,787$ Residential - Apartment DU 441.88$ 2,556 1,129,450$
Residential - Mobile Home DU 466.89$ 0 0$
Commercial Retail KSF 733.69$ 1,707 1,252,203$
Commercial - Office KSF 535.98$ 256 137,234$
Industrial KSF 196.52$ 817 160,504$
Total 6,132,429$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 See Table 4.6
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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c. The amount of the fee and the facility cost attributable to the development project.

Purpose of the Fe e: The purpose of the impact fees calculated in this chapter is to pay for new development’s proportionate share of the cost of providing fire protection facilities to serve development in Indio.

Use of the Fee.Impact fees calculated in this chapter willbe used to pay for future fire protection facilities needed to provide a reasonable level of coverage for the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the fire protection facilities needed to serve all development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. The impact fees calculated in this chapter will pay for additional fire protection facilities needed ser ve anticipated development through buildout of the area within the existing corporate boundaries of Indio.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the fire protecti on impact fees charged to a development project will depend on the amount of added developed service population associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimat ed service population per unit for that type of development in Indio. Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of fire protection facilities in the City.

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Chapter 5. Police Facilities
This chapter calculates impact fees for Indio’s Police facilities. The Indio Police Department (IPD) is staffed with 76 sworn officers and 41 professional staff, as well as 26 Citizens Helping Indio Police (CHIP) volunteers, 14 police cadets and three chaplains.

The department is currently housed in a one-story building of approximately 18,000 square feet located at 48600 Jackson Street in Indio. The City plans to replace that building as part of development of a new Public Safety Campus.

Methodology
The method used to calculate impact fees in this chapter is the plan -based method discussed in Chapter 1. That method calculates impact fees by allocating the cost of specific facilities to the development served by those facilities. In this case, the cost of new Police facilities, including a new dispatch center, will be allocated to both existing and future development so that all development in the City will share proportionately in the cost of those facilities. The Police impact fees calculated in this chapter represent new development’s proportionate share of the cost of those facilities.

Demand Variable
A demand variable is a n attribute of development that is used to represent the impact of development on a particular type of facility. See Chapter 2 for a general discussion of demand variables and demand factors.

Indio’s Police Department provides services to both residentialand non-residential development in the City, so the demand variable used to calculate impact fees for those facilities is service population, which represents both residential and non -residential development. See Chapter 2 for a detailed explanation of service population.

Level of Service
The standard used to calculate impact fees for police facilities in this chapter is the 2040 level of service, defined as the relationship between the cost of Indio’s planned police facilities and the 2040 service population. The level of service for police vehicles is the relationship between the cost of the City’s existing police vehicles and the existing service population. Table 5.2 later in this chapter shows each of those standards as a cost per capita of service popu lation. Appendix D to this study provides a detailed list of the existing vehicles and equipment.

Service Area
The Indio Police Department serves the entire City, so the impact fees calculated in this chapter will apply to all new development in the City.

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Facility Needs
Table 5.1 lists Indio’s planned future Police facilities with estimated building construction cost and land cost. Estimated building cost or replacement cost includes site development and furniture, fixtures and equipment.

Cost per Capita of Service Population
Table 5.2 on the next page calculates two cost per capita figures, one for future police facilities and one for police vehicles. The cost per capita for future police facilities is calculated using the 2040 service population because those facilities will serve both existing and future development.

The cost per capita for police vehicles is calculated using the existing service population because those vehicles serve only the existing City. The sum of those two numbers is used to calculate the Police impact fees in the next section.

Table 5.1: Future Police Facilities
Constr Building Site Est Bldg Est Land Impact Fee
Facility Date Sq Ft 1 Acres 2 Cost 3 Cost 4 Cost Basis 5 New PSS Building (87.5%) 6 Future 19,250 16,018,363$ 16,018,363$ New Dispatch Center Future 7,318 9,275,988$ 9,275,988$
New Police HQ Building Future 40,000 32,325,000$ 32,325,000$ Public Safety Campus Site (75%) 7Existing 6.47 1,244,513$ 1,244,513$ Site Development (75%) 7 Future 6.47 1,819,125$ 1,819,125$ Total 57,619,351 3,063,638 60,682,988$
1 Building square feet provided by the City of Indio and Holt Architecture 2 Public safety campus acreage = 8.62; Police Department share = 75% 3 Estimated Police Department share of cost; cost estimate by Holt Architecture 4 Land cost provided by City of Indio; site development cost estimated by Holt Architecture 5 Impact fee cost basis = sum of estimated building cost and estimated site value 6 The Police Department will occupy an estimated 87.5% of the 15,000 square foot PSS Bulding 7 Police Department facilities will occupy an estimated 75% of the 8.62 acre Public Safety Campus

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Impact Fees per Unit of Development
Impact fees per unit of development by development type are calculated using the total cost per capita of service population from Table 5.2 and the service populatio n per unit from Table 2.1.

Table 5.3 shows those calculations.

Projected Revenue
Table 5.4 projects the total revenue from the impact fees calculated in this chapter. That projection assumes that future development occurs as forecasted in this study. Re venue is Table 5.2: Cost per Capita of Service Population
Cost PD Facilities Existing Service Cost per
Component Cost Basis 1 Vehicles Cost 2 Population 3 Capita 4 Future Police Facilities $60,682,988 155,555 390.11$
Existing Police Vehicles $4,132,082 117,390 35.20$
Total 425.31$
1 See Table 5.1
2 Existing Police Department vehicles acquisition cost; see the appendix for a detailed list of vehicles
3 See Table 2.4 (2040 service population) for police facilities and Table 2.2 (existing service population) for existing police vehicles
4 Cost per capita of service population = cost / service population Table 5.3 Police Impact Fees per Unit
Development Cost per Svc Pop Impact Fee
Type Units 1 Capita 2 per Unit 3 per Unit 4
Residential - Single Family DU $425.31 3.00 1,275.92$
Residential - Condo/Townhouse DU $425.31 2.65 1,127.06$ Residential - Apartment DU $425.31 2.65 1,127.06$
Residential - Mobile Home DU $425.31 2.80 1,190.86$
Commercial Retail KSF $425.31 4.40 1,871.35$
Commercial - Office KSF $425.31 3.21 1,367.05$
Industrial KSF $425.31 1.18 501.25$
Public Facilities/Schools Acre $425.31 7.39 3,144.23$
Parks/Open Space Acre $425.31 0.00 0.00$
1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area; acre = net developed acre 2 Cost per capita of service population; see Table 5.2
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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projected by applying the impact fees per unit from Table 5.3 to added units from Table 2.3 in Chapter 2. No revenue is shown for Public Facilities/Schools or Parks/Open Space because the City normally cannot collect impact fees from those types o f development. The total projected revenue shown in Table 5.4 amounts to about 26% of the cost of the planned future police facilities listed in Table 5.1.

Use of the Impact Fees
The impact fees calculated in this chapter will be used to pay for new development’s share of the cost of the future police facilities described earlier, as well as the acquisition of additional police vehicles needed to serve new development in the City.

Updating the Fees
The impact fees calculated in this chapter are based in large part on estimated costs for planned future facilities. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect changes in costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:

Table 5.4 Projected Revenue - Police Impact Fees
Development Impact Fee Future Projected
Type Units 1 per Unit 2 Unit s 3 Revenue 4
Residential - Single Family DU 1,275.92$ 5,144 6,563,322$ Residential - Condo/Townhouse DU 1,127.06$ 1,991 2,243,978$ Residential - Apartment DU 1,127.06$ 2,556 2,880,767$
Residential - Mobile Home DU 1,190.86$ 0 0$
Commercial Retail KSF 1,871.35$ 1,706.7 3,193,861$
Commercial - Office KSF 1,367.05$ 256.0 350,029$
Industrial KSF 501.25$ 816.7 409,379$
Total 15,641,337$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 See Table 5.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the devel opment project.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for new development’s pro portionate share of the cost of providing police facilities, vehicles and equipment to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for new development’s share of police facilities, vehicles and equipment needed to serve development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the cost of police facilities, vehicles and equipment needed to serve development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development creates a need for additional police facilities, vehicles and equipment. The impact fees calculated in this chapter will pay for new development’s proportionate share of police facilities, vehicles and equipment needed to serve development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amou nt of the police impact fees charged to a development project will depend on the amount of added service population associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimated service population per unit for that type of development in Indio. Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of additional police facilities, vehicles and equipment needed to serve new development in the City.

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Chapter 6. Public Buildings
This chapter calculates impact fees for Indio’s public buildings, including City Hall, the corporate yard, the library and several community centers and cultural facilities, as well as general government vehicles.

Methodology
The method used to calculate impactfees in this chapter is the standard-based method discussed in Chapter 1. The standard used to calculate impact fees in this chapter is the existing level of service defined below.

Demand Variable
A demand variable is an attribute of development that i s used to represent the impact of development on a particular type of facility. See Chapter 2 for a general discussion of demand variables and demand factors.

Indio’s public buildings and vehicles provide services to both residential and non -residential development in the City, so the demand variable used to calculate impact fees for those facilities is service population, which represents both residential and non -residential development. See Chapter 2 for a detailed explanation of service population.

Level of Service
The standard used to calculate impact fees in this chapter is the existing level of service defined as the relationship between the replacement cost of Indio’s existing public buildings and vehicles and the City’s existing service population. Table 6.3 later in this chapter shows that standard as a cost per capita of service population.

Service Area
Indio’s public buildings and vehicles serve the entire City, so the impact fees calculated in this chapter will apply to all new development in the City.

Existing Facilities
Table 6.1 on the next page lists the City’s existing public buildings with their estimated replacement cost and land value. Building replacement cost is used here because it will be necessary for the City to build additional public buildings to maintain the existing level of service as the City grows. The per -capita replacement cost of existing public buildings and vehicles (see Table 6.3) is used here as an indication of the cost of maintaining the existing level of service as the City grows.

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Table 6.2 lists the City’s existing general government vehicles with their replacement cost. As with public buildings, the per -capita replacement cost of existing (see Table 6.3) is used here as an indication of the cost of maintaining the existing level of service as the City grows. Appendix D to this study provides a detailed list of the existing vehicles and equipment.

Table 6.1: Existing Public Buildings
Building Site Est Bldg Est Land Impact Fee
Facility Sq Ft 1 Acres 2 Repl Cost 3 Value 4 Cost Basis 5 City Hall 15,420 1.8 5,546,048$ 346,500$ 5,892,548$
Indio Branch Library 21,725 1.5 2,485,000$ 288,750$ 2,773,750$ Coachella Valley Art Center 12,206 0.5 1,994,455$ 96,250$ 2,090,705$ Indio Perfoming Arts Center 22,000 1.4 2,756,671$ 269,500$ 3,026,171$ Teen Center 17,690 3.4 9,324,960$ 654,500$ 9,979,460$
Senior Center 21,200 2.0 9,718,138$ 385,000$ 10,103,138$ Boys and Girls Club 24,282 0.4 12,799,812$ 77,000$ 12,876,812$ CVHM Smiley/Tyler House 2,995 1.6 1,272,856$ 308,000$ 1,580,856$ CVHM Smiley/Tyler Pavilion 155 Included 65,488$ 65,488$ CVHM LaLonde Bldg 400 Included 169,106$ 169,106$
CVHM Smiley/Tyler Art Studio 520 Included 101,019$ 101,019$ CVHM Archive 2,340 Included 351,000$ 351,000$
Chamber of Commerce Bldg 3,515 0.7 617,969$ 134,750$ 752,719$ Corporate Yard 39,613 7.1 18,905,396$ 1,366,750$ 20,272,146$ Emergency Operations Center 8,800 0.5 1,892,301$ 96,250$ 1,988,551$ Future Library Site 1.8 346,500$ 346,500$
Total 72,369,969$
1 Building square feet from the City of Indio fixed asset schedule 2 Site acres provided by the City of Indio
3 Estimated building replacement cost from City property schedule 4 Land value based on $192,500 per acre
5 Impact fee cost basis = sum of estimated building replacement cost and estimated site value Table 6.2: Existing General Government Vehicles/ Equipt Impact Fee
Department Cost Basis 1
Building Safety 226,657.73$
Public Works 3,429,252.66$
Other Departments 234,408.39$
Total 3,890,318.78$
1 Impact fee cost basis = replacement cost; see appendix for a detailed list of vehicles and equpment for each department

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Cost per Capita of Service Population
Table 6.3 shows the existing cost per capita of servicepopulation for public buildings and general government vehicles and equipment based on the impact fee cost bases from Tables 6,1 and 6.2 and the existing service population from Table 2.2. The total cost per capita shown in Table 6.3 is the overall existing level of service for the assets addressed in this chapter and is the standard used to calculate impact fees for those assets.

Impact Fees per Unit of Development
Impact fees per unit of development by development type are calculated using the cost percapita of service population from Table 6.3 and the service population per unit from Table 2.1. Table

6.4 shows those calculations.

Even though this analysis accounts for service population related to development in the Public Facilities/Schools and Parks /Open Space categories, no impact fees are shown for those categories in Table 6.4 because the City cannot normally collect impact fees for that type of development.

Table 6.3: Cost per Capita of Service Population
Cost Impact Fee Existing Cost per
Component Cost Basis1 Service Pop 2 Capita 3
Existing Public Buildings 72,369,969.00$ 117,390 616.49$ Existing Vehicles & Equipment 3,890,318.78$ 117,390 33.14$ Total 649.63$
1 See Tables 6.1 and 6.2
2 See Table 2.2
3 Cost per capita of service population = impact fee cost basis/ existing service population

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Projected Revenue
Table 6.5 projects the total revenue from the impact fees calculated i n this chapter. That projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fees per unit from Table 6.4 to added units from Table 2.3 in Chapter 2. No revenue is shown for Public Facilities/Schools or Parks/Open Space because the City normally cannot collect impact fees from those types of development.

Table 6.4 Public Building Impact Fees per Unit
Development Cost per Svc Pop Impact Fee
Type Units 1 Capita 2 per Unit 3 per Unit 4
Residential - Single Family DU $649.63 3.00 1,948.90$
Residential - Condo/Townhouse DU $649.63 2.65 1,721.53$ Residential - Apartment DU $649.63 2.65 1,721.53$
Residential - Mobile Home DU $649.63 2.80 1,818.97$
Commercial Retail KSF $649.63 4.40 2,858.38$
Commercial - Office KSF $649.63 3.21 2,088.10$
Industrial KSF $649.63 1.18 765.64$
1 DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Cost per capita of service population; see Table 6.3
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit Table 6.5 Projected Revenue - Public Bulidings Impact Fees Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 1,948.90$ 5,144 10,025,129$ Residential - Condo/Townhouse DU 1,721.53$ 1,991 3,427,559$ Residential - Apartment DU 1,721.53$ 2,556 4,400,221$
Residential - Mobile Home DU 1,818.97$ 0 0$
Commercial Retail KSF 2,858.38$ 1,706.72 4,878,455$
Commercial - Office KSF 2,088.10$ 256.05 534,651$
Industrial KSF 765.64$ 816.71 625,305$
Total 23,891,320$
1 DU = dwelling unit; KSF = 1,000 gross square feet of building area 2 See Table 6.4
3 See Table 2.1
4 Impact fee per unit = cost per capita X service population per unit

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Use of the Impact Fees
The impact fees calculated in this chapter will be used to pay for new development’s share of the cost of new City Hall and Library buildings.

Updating the Fees
The impact fees calculated in this chapter are based on the replacement cost of existing facilities, vehicles and equipment. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted, if necessary, to reflect actual costs.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type ofdevelopment on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the fees meet the “rational nexus” and “rough proportionality” standards e nunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for the cost of public buildings and general government vehicles needed to mitigate the impact of new development in Indio.

Use of the Fee. Impact fees calculated i n this chapter will be used to pay for future public buildings and general government vehicles needed to serve additional development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for the cost of public buildings and general government vehicles needed to maintain the existing level of service in Indio as the City grows.

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Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All development creates a need for additional public buildings and general government vehicles. The impact fees calculated in this chapter will pay for additional assets needed to maintain the existing level of service in the City.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the public buildings and vehicles impact fees charged to a development project will depend on the amount of added service population associated with that project. The fees per unit of development calculated in this chapter for each type of development are based on the estimated service population per unit for that type of development in Indio. Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of the City’s public buildings and general government vehicles.

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Chapter 7. Roads and Bridges
This chapter calculates impact fees for road and bridge improvements in the City of Indio. The improvement costs used in the impact fee calculations are taken from the City’s Capital Improvement Program (CIP). The portion of project costs to be funded by other agencies or programs, including CVAG’s Transportation Uniform Mitigation Fee (TUMF) program, are excluded from the costs used in this analysis, so only the City’s share of those costs is considered in the impact fee calculations. Road diet projects are also excluded from the list of projects addressed in the impact fee calculations. A complete list of development -related CIP road and bridge improvements and costs is contained in Appendix C to this report.

In this chapter, impro vement costs are apportioned between existing and future development based on the number of peak hour trips contributed by each of those components at the point where all future development projected out to 2040 is built out. That approach means that impact fees will cover only about 26% of the City’s cost for future road and bridge improvements.

Service Area
The service area for improvements addressed in this chapter is Indio’s General Plan planning area, including both the existing incorporated City and the sphere of influence.

Level of Service
The Mobility Element of Indio’s General Plan 2040 does not adopt traditional level of service standards for streets and intersections. The Mobility Element adopts a “complete streets” approach to accommodate pedestrians, cyclists, golf carts and transit as well as private vehicles.

It envisions a variety of street configurations to accommodate the mix of transportation modes appropriate to particular types of streets.

Demand Variable
The demand variable used in this analysis is peak hour trips per unit of development. Table 2.1 in Chapter 2 shows the number of peak hour trips per unit generated by each type of development addressed in this study.

Facility Needs
Table 7.1 summarizes the improvement costs used to c alculate impact fees in this chapter. The list of projects is broken down into street projects, bridge projects and freeway interchange projects, and the costs shown for each type of project are the total project cost, the City’s share of the total costs and new development’s share of the City’s cost share. A detailed list of projects

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is contained in Appendix C. Additional detail on individual projects is available from the City of Indio Engineering Department.

The percentage used to determine new developme nt’s share of the City’s cost is calculated as the number of peak hour trips generated by future development (see Table 2.3) divided by total 2040 peak hour trips (see Table 2.4). That calculation is: 16,469 / 63,084 = 26.1%.

Cost per Peak Hour Trip
Table 7.2 calculates an average cost per peak hour trip by dividing new development’s share of costs from Table 7.1 by the number of peak hour trips added by new development from Table

2.3. Impact Fee per Unit of Development
In Table 7.3, impact fees per unit of development by development type are calculated using the cost per peak hour trip from Table 7.2 and the peak hour trips per unit from Table 2.1 Even though this analysis accounts for peak hour trips generated by development in the Public Facilities/Schools and Parks/Open Space categories, no impact fees are shown for those categories in Table 7.3 because the City cannot normally collect impact fees for those development types.

Table 7.1: Summary of Roads and Bridges Improvement Costs Improvement Project City New Dev New Dev
Type Cost Share % Cost Share
Street Projects 154,759,110$ 52,811,641$ 26.1% 13,787,498$ Bridge Projects 255,249,296$ 49,071,321$ 26.1% 12,811,015$ Freeway Interchange Projects 211,000,000$ 52,750,000$ 26.1% 13,771,405$ Total 621,008,406$ 154,632,962$ 26.1% 40,369,918$
Source: 2019 City of Indio Capital Improvement Program Cost Summary; see the appendix for a detailed list of projects and costs
Table 7.2: Cost per Peak Hour Trip
New Development Added Peak Cost per Peak
Cost Share 1 Hour Trips 2 Hour Trip 3
$40,369,918 16,469 $2,451.21
1 See Table 7.1
2 See Table 2.3
3 Cost per peak hour trip = new development cost share / added peak hour trips

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Projected Revenue
Table 7.4 projects revenue from the impact fees shown i n Table 7.3. The revenue projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per unit from Table 7.3 to added units from Table 2.3 in Chapter 2.

Updating the Fees
The impact fees calculated in this chapter are based on the cost of planned road and bridge improvements. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect actual costs.

Table 7.3: Roads and Bridges - Impact Fees per Unit
Development Cost per Pk Pk Hr Trips Impact Fee
Type Units 1 Hr Trip 2 per Unit 3 per Unit 4
Residential - Single Family DU $2,451.21 0.99 2,426.70$ Residential - Condo/Townhouse DU $2,451.21 0.56 1,372.68$ Residential - Apartment DU $2,451.21 0.56 1,372.68$
Residential - Mobile Home KSF $2,451.21 0.46 1,127.56$
Commercial Retail KSF $2,451.21 3.81 9,339.10$
Commercial - Office KSF $2,451.21 1.15 2,818.89$
Industrial KSF $2,451.21 0.63 1,544.26$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq. feet of building area 2 See Table 7.2
3 Peak hour trips per unit; see Table 2.1
4 Cost per unit = cost per peak hour trip X peak hour trips per unit Table 7.4: Roads and Bridges Impact Fees - Projected Revenue Development Impact Fee Future Projected
Type Units 1 per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 2,426.70$ 5,144 12,482,922$ Residential - Condo/Townhouse DU 1,372.68$ 1,991 2,732,999$ Residential - Apartment DU 1,372.68$ 2,556 3,508,561$
Residential - Mobile Home KSF 1,127.56$ 0 0$
Commercial Retail KSF 9,339.10$ 1,707 15,939,216$
Commercial - Office KSF 2,818.89$ 256 721,766$
Industrial KSF 1,544.26$ 817 1,261,215$
Total 36,646,678$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 Impact fee per unit excluding administrative charge; see Table 7.3 3 See Table 2.3
4 Projected revenue = impact fee per unit X future units

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Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility co st attributable to the development project.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to p ay for new development’s proportionate share of the cost of providing roads and bridges improvements to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for new development’s share of roads and bridges improvements needed to serve development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the cost of roads and bridges needed to serve development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development generates traffic that impacts the City transportation system. The impact fees calculated in this chapter will pay for roads and bridges improvements needed to serve additional development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the road and bridge impact fees calculated in this chapter depends on the number of peak hour trips per day associated with a particular project.

Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of roads and bridges needed to serve development in the City.

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Chapter 8. Traffic Signals
This chapter calculates impact fees for traffic signal improvements in the City of Indio. The improvement costs used in the impact fee calculations are taken from the City’s Capital Improvement Program (CIP). A complete list of development -related CIP traffic signal projects and costs is contained in Appendix C to this report.

In this chapter, improvement costs are apportioned between existing and future development based on the number of peak hour trips contributed by each of those components at the point where all future development projected out to 2040 is built out. That approach means that impact fees will pay for only about 26% of the City’s cost for future traffic signal improvements.

Service Area
The service area for improvements addressed in this chapter is Indio’s General Plan planning area, including both the existing incorporated City and the sphere of influence.

Level of Service
The traffic signal improvements shown in the City’s CIP are those for which the City has projected a need and which are expected to meet signal warrants within the next 20 years.

Facility Needs
Table 8.1 summarizes the traffic signal improvement costs used to calculate impact fees in this chapter. The costs shown are the total project cost, the City’s share of the total costs and new development’s share of the City’s cost share. Only one of the signal projects in the CIP is projected to receive funding from an outside agency.

The percentage used to determine new development’s share of the City’s cost is calculated as the number of peak hour trips generated by future development (see Table 2.3) divided by total 2040 peak hour trips (see Table 2.4). That calculation is: 16,469 / 63,084 = 26.1%.

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Cost per Peak Hour Trip
Table 8.2 calculates an average cost per peak hour trip by dividing n ew development’s share of costs from Table 8.1 by the number of peak hour trips added by new development from Table

2.3. Impact Fee per Unit of Development
In Table 8.3, impact fees per unit of development by development type are calculated using the cost per peak hour trip from Table 8.2 and the peak hour trips per unit from Table 2.1 Even though this analysis accounts for peak hour trips generated by develo pment in the Public Facilities/Schools and Parks/Open Space categories, no impact fees are shown for those categories in Table 8.3 because the City cannot normally collect impact fees for those types of development.

Table 8.1: Summary of Traffic Signals Costs
Improvement Project City New Dev New Dev
Type Cost Share % Cost Share
Traffic Signal Projects $19,643,000 $19,071,300 26.1% $4,978,931 Source: 2019 City of Indio Capital Improvement Program Cost Summary; see the appendix for a detailed list of projects and costs
Table 8.2: Cost per Peak Hour Trip
New Development Added Peak Cost per Peak
Cost Share 1 Hour Trips 2 Hour Trip 3
$4,978,931 16,469 $302.31
1 See Table 8.1
2 See Table 2.3
3 Cost per peak hour trip = new development cost share / added peak hour trips

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Projected Revenue
Table 8.4 projects revenue from the impact fees shown in Table 8.3. The revenue projection assumes that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per unit from Table 8.3 to added units from Table 2.3 in Chapter 2.

Updating the Fees
The impact fees calculated in this chapter are based on the cost of planned traffic signals. Over time those costs can change, so we recommend that these fees be reviewed periodically and adjusted if necessary to reflect actual costs.

Table 8.3: Traffic Signals Impact Fees per Unit
Development Cost per Pk Pk Hr Trips Impact Fee
Type Units 1 Hr Trip 2 per Unit 3 per Unit 4
Residential - Single Family DU $302.31 0.99 299.29$
Residential - Condo/Townhouse DU $302.31 0.56 169.30$
Residential - Apartment DU $302.31 0.56 169.30$
Residential - Mobile Home KSF $302.31 0.46 139.06$
Commercial Retail KSF $302.31 3.81 1,151.82$
Commercial - Office KSF $302.31 1.15 347.66$
Industrial KSF $302.31 0.63 190.46$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq. feet of building area 2 See Table 8.2
3 Peak hour trips per unit; see Table 2.1
4 Impact fee per unit = cost per peak hour trip X peak hour trips per unit Table 8.4: Traffic Signals Impact Fees - Projected Revenue Development Adj Impact Future Projected
Type Units 1 Fee per Unit 2 Units 3 Revenue 4
Residential - Single Family DU 299.29$ 5,144 1,539,552$ Residential - Condo/Townhouse DU 169.30$ 1,991 337,068$ Residential - Apartment DU 169.30$ 2,556 432,720$
Residential - Mobile Home KSF 139.06$ 0 0$
Commercial Retail KSF 1,151.82$ 1,707 1,965,826$
Commercial - Office KSF 347.66$ 256 89,017$
Industrial KSF 190.46$ 817 155,549$
Total 4,519,734$
1 Units of development; DU = dwelling unit; KSF = 1,000 gross sq ft of building area 2 See Table 8.3
3 See Table 2.3
4 Projected revenue = impact fee per unit X future units

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Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Purpose of the Fee: The purpose of the impact fees calculated in this cha pter is to pay for new development’s proportionate share of the cost of providing traffic signals to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for new development’s share of traffic signals needed to serve development in the City.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and theDevelopment Type on Which It Is Imposed. The impact fees calculated in this chapter will be used to pay for new development’s proportional share of the cost of traffic signals needed to serve development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All new development generates traffic that impacts the need for traffic signals. The impact fees calculated in this chapter will pay for traffic signals needed to serve additional development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the road and bridge impact fees calculated in this chapter depends on the number of peak h our trips per day associated with a particular project.

Thus, the fee charged to a development project reflects that project’s proportionate share of the cost of traffic signals needed to serve development in the City.

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Chapter 9. Storm Drainage Improvements
This chapter calculates impact fees for improvements to Indio’s storm drainage system. The impact fees calculated in this chapter are based on the City’s Master Drainage Plan Update (MDPU) that was completed in November 2019 by Albert A. Webb Associates.

Methodology
The method used to calculate impact fees in this chapter is the plan -based method discussed in Chapter 1. That method calculates impact fees by allocating the cost of specific facili ties to the development served by those facilities. The City has an extensive system of existing storm drainage facilities. The MDPU identifies additional facilities needed both to correct some existing deficiencies and to accommodate future development.

In this chapter, the cost of drainage system improvements identified in the MDPU will be allocated to both existing and future development so that impact fees paid by future development are not used to pay for correcting deficiencies in the City’s existing stormwater drainage system.

Service Area
The area served by the drainage system outlined in the MDPU is the planning area identified in the City’s 2019 General Plan Update.

Level of Service
Level of service for storm drainage facilities is defined in large part by the size of storm the system is designed to handle without flooding. The design standards used in the MDPU are set forth in Chapter 1 of that document.

Demand Variable
A demand variable is some measurable attribute of development that is use d in impact fee calculation formulas to represent the impacts created by different types of development. The demand variable used in this chapter to calculate drainage impact fees is acres of impervious cover. Impervious cover refers to the portion of a de velopment site occupied by hard surfaces, such as roofs and paving that prevent absorption of stormwater by the soil and thereby increase runoff into drainage facilities.

Existing and Future Development
Tables 9.1 shows estimated acres of existing develop ment by development type, along with the estimated acres of impervious cover for each type of development. Acres of impervious cover by development type were estimated using factors from the MDPU, which are shown as “impervious cover %” in the table.

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Table 9.2 on the next page shows estimated acres of future development by development type, along with the estimated acres of impervious cover for each type of development.

Table 9.1 Existing Development - Acres by Impervious Cover Classification Classification/ Impervious Impervious
Development Type Acres 1 Cover % 2 Cover Acres 3
Open Space/Recreation/Horse Facilities 1,926 10% 192.6
Rural Residential 472 10% 47.2
Existing Parks 190 10% 19.0
Single-Family Residential 3,913 50% 1,956.5
Multi-Family Residential 220 75% 165.0
Mobile Home Parks 450 75% 337.5
Public Facilities 615 75% 461.3
Commercial 1,029 90% 926.1
Office 204 90% 183.6
Industrial 958 90% 862.2
Transportation/Communication/Utilities 4,954 90% 4,458.6 Total 14,931 9,609.6
1 2019 City of Indio General Plan, Table 3-1
2 See 2019 City of Indio Master Drainage Plan Update, page 1-11 3 Impervious cover acres = acres X impervious cover %

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Cost per Acre of Impervious Cover
Table 9.3 calculates the cost of drainage improve ments per acre of impervious cover. In that table, the estimated cost of drainage system improvements from the MDPU is divided by the total acres of impervious cover for existing and future development from Tables 9.1 and 9.2. The resulting cost per acre is used to calculate impact fees per acre by development type.

Table 9.2 Future Development - Acres by Impervious Cover Classification Classification/ Impervious Impervious
Development Type Acres 1 Cover % 2 Cover Acres 3
Parks and Open Space 3,004 10% 300.4
Festival District 667 10% 66.7
Desert Estate Neighborhood 1,800 10% 180.0
Suburban Neighborhood 8,591 50% 4,295.5
Resource Recovery 39 50% 19.5
Schools 7 50% 3.5
Connected Neighborhood 1,326 75% 994.5
Midtown 179 75% 134.3
Mixed Use Neighborhood 877 75% 657.8
Downtown 77 90% 69.3
Neighborhood Center 143 90% 128.7
Regional Commercial 530 90% 477.0
Public and Institutional 771 90% 693.9
Workplace Employment District 1,215 90% 1,093.5
Total 19,226 9,114.5
1 Acres of future development provided by the City of Indio and Albert A. Webb Associates, Master Drainage Plan Consultants
2 See 2019 City of Indio Master Drainage Plan, page 1-11 3 Impervious cover acres = acres X impervious cover %
Table 9.3: Cost per Acre of Impervious Cover
Estimated Cost of Total Acres of Cost per Acre of
MDP Improvements 1 Impervious Cover 2 Impervious Cover 3 $102,490,000 18,724.05 $5,473.71
1 Estimated cost of improvments from the City of Indio November 2019 Final Master Drainage Plan, page 6-1, including alternates 2 Total acres of existing and future impervious cover from Tables 9.1 and 9.2
3 Cost per acre of impervious cover = estimated cost of Master Drainage Plan improvements / total acres of existing and future impervious cover

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Impact Fees per Net Acre of Development
Table 9.4 shows the impact fee per net acre of development by development type. The development types in Table 9.4 are taken from the Master Drainage Plan Update and differ from the categories used for other impact fees in this study.

For each type of development in Table 9.4, the average improvement cost per acre of impervious cover is multiplied by the impervious cover percentage for that type of development to arrive at the impact fee per net acre of development. These impact fees should be applied to the entire net developed acreage of a project.

The impact fees calculated for the Parks and Open Space, Public and Institutional and Schools categories in Table 9.4 are shown for completeness. However, since those types of development are sponsored by public agencies, they produce no revenue to the City. Consequently, those categories do not appear in the revenue projections in the next section.

Table 9.4: Storm Drainage Impact Fees per Acre by Development Type Development Cost per Acre Impervious Impact Fee
Type Imperv Cover 1 Cover % 2 per Acre 3
Desert Estate Neighborhood $5,473.71 10% 547.37$
Suburban Neighborhood $5,473.71 50% 2,736.85$
Connected Neighborhood $5,473.71 75% 4,105.28$
Mixed Use Neighborhood $5,473.71 75% 4,105.28$
Midtown $5,473.71 75% 4,105.28$
Downtown $5,473.71 90% 4,926.34$
Festival District $5,473.71 10% 547.37$
Neighborhood Center $5,473.71 90% 4,926.34$
Regional Commercial $5,473.71 90% 4,926.34$
Workplace Employment District $5,473.71 90% 4,926.34$
Resource Recovery $5,473.71 50% 2,736.85$
Parks and Open Space $5,473.71 10% 547.37$
Public and Institutional $5,473.71 90% 4,926.34$
Schools $5,473.71 50% 2,736.85$
1 See Table 9.3
2 See 2019 City of Indio Master Drainage Plan, page 1-11 3 Impact fee per net developed acre = cost per acre of impervious cover X impervious cover %

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Projected Revenue
Table 9.5 projects the potential revenue from impact fees calculated in this chapter. These projections assume that future development occurs as forecasted in this study. Revenue is projected by applying the impact fee per acre from Table9.4 to acres of future development from Table 9.2.

Updating the Fees
The impact fees calculated in this chapter are based on estimated costs from the City’s 2019 Drainage Master Plan Update. We recommend that these fees be reviewed periodically and adjusted if necessary to reflect changes in costs. An index such as the Engineering News Record Construction Cost Index can be used for that purpose.

Nexus Summary
As discussed in Chapter 1 of this report, Section 66001 of the Mitigation Fee Act requires that an agency establishing, increasing or imposing impact fees, must make findings to:

Identify the purpose of the fee;
Identify the use of the fee; and,
Determine that there is a reasonable relationship between:
a. The use of the fee and the development type on which it is imposed; Table 9.5: Projected Revenue - Storm Drainage Impact Fees Development Acres of Impact Fee Projected
Type Future Dev 1 per Acre 2 Revenue 3
Desert Estate Neighborhood 1,800 547.37$ 985,268$
Suburban Neighborhood 8,591 2,736.85$ 23,512,317$
Connected Neighborhood 1,326 4,105.28$ 5,443,604$
Mixed Use Neighborhood 877 4,105.28$ 3,600,332$
Midtown 179 4,105.28$ 734,845$
Downtown 77 4,926.34$ 379,328$
Festival District 667 547.37$ 365,096$
Neighborhood Center 143 4,926.34$ 704,466$
Regional Commercial 530 4,926.34$ 2,610,959$
Workplace Employment District 1,215 4,926.34$ 5,985,501$ Resource Recovery 39 2,736.85$ 106,737$
Total 44,428,453$
1 See Table 9.2
2 See Table 9.4
3 Projected revenue = acres of future development X impact fee per acre

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b. The need for the facility and the type of development on which the fee is imposed; and
c. The amount of the fee and the facility cost attributable to the development project.

Satisfying those requirements also ensures that the f ees meet the “rational nexus” and “rough proportionality” standards enunciated in leading court decisions bearing on impact fees and other exactions. (For more detail, see “Legal Framework for Impact Fees” in Chapter 1.) The following paragraphs explain how the impact fees calculated in this chapter satisfy those requirements.

Purpose of the Fee: The purpose of the impact fees calculated in this chapter is to pay for new development’s proportionate share of the cost of providing drainage system im provements to serve development in Indio.

Use of the Fee. Impact fees calculated in this chapter will be used to pay for future drainage system improvements identified in the City of Indio 2019 Drainage Master Plan Update.

As provided by the Mitigation Fee Act, revenue from impact fees may also be used for temporary loans from one impact fee fund or account to another.

Reasonable Relationship between the Use of the Fee and the Development Type on Which It Is Imposed. The impact fees calculated in this cha pter will be used to pay for new development’s proportional share of the cost of drainage system improvements needed to serve all development in Indio.

Reasonable Relationship between the Need for the Facilities and the Type of Development on Which the Fee Is Imposed. All development generates runoff, including runoff from additional streets and sidewalks needed to serve new development. The impact fees calculated in this chapter will pay for new development’s proportionate share of drainage system improvem ents needed to serve development in Indio through 2040.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to the Development Project. The amount of the drainage impact fees charged to a development project will depend on the acres of added impervious cover associated with that project. The fees per acre of development calculated in this chapter for each type of development are based on the estimated acres of impervious cover associated with that type of development.

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Chapter 10. Water System Improvements
This chapter calculates impact fees for improvements to the Indio Water Authority (IWA) water system. Much of the information used to calculate impact fees in this chapter is based on the IWA 2019 Master Plan Update by Hazen and Sawyer.

Service Area
IWA serves water to most of the City of Indio. The northwestern portion of the City (north of I - 10 and West of Madison Street) is served by the Coachella Valley Water District and small mutual water districts serve so me parts of the City, either from private wells or with water purchased from IWA. The impact fees calculated in this chapter will apply to those parts of the City served by IWA.

In this chapter, the cost of water system improvements identified in the 2019 IWA Master Plan Update which are needed to serve future development in the IWA service area will be allocated to future development based on average daily water demand.

Level of Service
Level of service for a water system involves a number of considerations r elated to water supply, water quality, water pressure, storage, and reliability. All of those factors are considered in the IWA 2019 Master Plan Update in determining what water system improvements will be needed to serve future development in the IWA service area.

Demand Variable
A demand variable is some measurable attribute of development that is used in impact fee calculation formulas to represent the impacts created by different types of development. The demand variable used in this chapter to alloca te improvement costs in the calculation of water impact fees is average daily water demand in gallons per day (GPD).

Water System Improvements
Table 10.1 on the next page lists the water system improvement projects needed to serve future development in the IWA service area and shows their costs. This list is taken from the IWA 2020- 21 to 2039 -40 Capital Improvement Program. The total estimated cost of all CIP projects was approximately $100 million at July 2019 price levels. The costs listed in Table 10.1 represent future development’s proportionate share of those costs. Those costs have been escalated to July 2021.

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Indio City CouncilNovember 15, 2023

Indio City Council
November 15, 2023