Indio City Council
December 6, 2023

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 302 of 3061 Cost Proposal Worksheet
COMPANY: SCOPE OF WORK: DATE:

MSA Consulting Final Design PS&E Feb-15
PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Ave 44 Low Water Crossing Replacement Phase II

DIRECT LABOR

PERSONNEL FUNCTION HOURS RATE AMOUNT
A Director of Survey/Mapping Director of Survey/Mapping 10.0 76.44 $ $764.40 B Survey Manager Survey Manager 10.0 65.19 $ $651.90
C Survey Tech II Survey Tech II 24.0 49.00 $ $1,176.00
D Two-Man Survey Crew 2 Man Survey Crew 48.0 135.93 $ $6,524.64 E Senior Designer Senior Designer 8.0 54.23 $ $433.84
TOTAL HOURS 100.0 TOTAL DIRECT LABOR $9,550.78

MULTIPLIERS
ESCALATION 0.00% (of Total Direct Labor) $0.00
OVERHEAD-Additional Services 193.60% (of Total Direct Labor + Escalation) $18,490.31 TOTAL MULTIPLIERS $18,490.31

OTHER DIRECT EXPENSES

ITEM UNIT QUANTITY UNIT COST AMOUNT
Reproduction LS 1 100.00 $ $100.00
Inland Aerial Surveys, Inc. 1 4,000.00 $ $4,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL OTHER DIRECT EXPENSES $4,100.00

OUTSIDE SERVICES

COMPANY LABOR MULTIPLIERS FEE EXPENSES TOTAL
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
$ - - $ - $ - $
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
TOTAL OUTSIDE SERVICES $0.00
FEES
FIXED FEE- ADDITIONAL SERVICES 10.00% (of Total Outside Services) $2,804.11 TOTAL FEES $2,804.11
TOTAL COST $ 34,945.20

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 303 of 3061 Manhour Worksheet
COMPANY: SCOPE OF WORK: DATE:

MSA Consulting Final Design PS&E
PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Avenue 44 Low Water Crossing Replacement Phase II
Personnel: A B C D E F
Task No. DESCRIPTION Billing Rate: $76.44 $65.19 $49.00 $135.93 $54.23 $0 Total Hours Amount -

2.4 Field Survey and Design Level Mapping - -

2.4.1 Field Survey - Cross sections 4 - 40 44 5,697.96

2.4.2 Aerial Mapping 4 - 6 4 8 22 1,980.34

2.4.3 DTM Surface - 8 8 433.84

2.4.4 Exhibit & Deliverable 6 - 20 26 1,438.64
- -
- - -
- - -
- - -
- - -
- -
- -
- -
- -
- -
- -
- -
Subtotals:

TOTALS 10 10 24 48 8 - 100 9,550.78
February-15
Phase II - Final Design

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 304 of 3061 Amendment No. 12
November 2023
AVENUE 44 BRIDGE AT COACHELLA VALLEY STORMWATER CHANNEL Indio, California
This Amendment No.12 to the Agreement for Professional Services between the City of Indio and T.Y. Lin International, dated May 15, 2014, provides for the Post Final PS&E services to facilitate processing of the California Department of Fish and Wildlife (CDFW) revised Streambed Alteration Agreement (SAA), and securing Conservation Easements for the offsite mitigation land.

LSA Scope of Work (see attached for additional details):
• Facilitate discussions with CDFW and CVWD and assist the City of Indio on securing their agreement on an acceptable mitigation approach.
• Biological Resources Tech memo
• Biological Resources Survey
• Jurisdictional Delineation Report
• Offsite Land Package Preparation
• Phase-1 ESA
MSA Scope of Work (see attached for additional details):
• Map Research - Perform record map research of the mitigation site. • Boundary Survey - Perform a boundary survey of the property to confirm existing survey monuments and verify accurate property lines of the mitigation site. • Base Mapping - Calculate exiting parcel boundaries based on record information. • Convert GIS Linework – Convert the GIS Linework of the proposed conservation easement areas provided by others to ACAD format.
• Easement Legal/Exhibit – Using the information gathered and after receiving the vesting deed from the Client and verifying the legal parcel to be involved, prepare up to two (2) metes, and bounds legal descriptions with exhibits for the City of Indio to secure a Conservation Easement.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 305 of 3061 OPC (TRANSYSTEMS) Scope of Work (see attached for additional details):
• Conservation Easement – Prepare documentation and coordinate between the City of Indio and Cathedral City to complete the acquisition of mitigation land.

TY Lin Scope for Project Management:

Additional Project Management time and efforts will be required to continue with coordination with LSA, MSA, OPC, the City, and regulatory agencies, preparing/processing the amendment and coordinating with subconsultants on the scope and fee as well as the schedule and budget control.

Please see the attached Fee proposal for completing the above listed additional scope of work.

Thank you for the opportunity of working with the City of Indio on successful completion of this project and please let me know if I can answer any questions.

Sincerely,
Roya Golchoobian, PE
Vice President

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 306 of 3061 OH Rate = 153.34
Fee = 10% Roya G Jeff B Yi W
Raw Labor $113.29
Loaded Rate $315.71 $0.00 $0.00
TaskMitigation Land & Consultation with CDFW OPC MSA LSA TYLIBoundary Survey, Plats & Legals, ROW Map $15,962Conservation Easement $4,142Regulatory Permitting & Mitigation Land Conservation $104,631Coordination with Regulatory Agencies 40 $12,628Subtotal 40 0 0 $4,142 $15,962 $104,631 $12,628Total Amendment AVENUE 44 BRIDGE AT COACHELLA VALLEY STORMWATER CHANNEL AMENDMENT-12
November 2023
Offsite Mitigation Land
40 $137,363

FEEHOURS

SUBTOTAL
TYLI

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 307 of 3061

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
3111 E. Tahquitz Canyon Way, Suite 109, Palm Springs, California 92262 760.416.2075 www.lsa.net November 3, 2023
Ms. Roya Golchoobian, PE
Vice President
TYLin
404 Camino del Rio South, Suite 700
San Diego, CA 92108
Subject: Budget Augment for Regulatory Permitting Assistance for Avenue 44 Low-Water Crossing Replacement at the Coachella Valley Storm Water Channel, City Project No. BR 1101, Federal Aid Project No. BRLKS-5275(025), Augment to LSA Project No. TYL2103 Dear Ms. Golchoobian:

LSA is pleased to present this budget augment for additional Scope of Work for continued effort to analyze offsite mitigation associated with the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) for the proposed Avenue 44 Low-Water Crossing Replacement Project at the Coachella Valley Storm Water Channel. This proposal is for an amendment to the current contract for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), as well as permitting services for the proposed project.

The CDFW and the Coachella Valley Water District (CVWD) are in the process of negotiating sufficient mitigation for impacts discussed in the amended SAA. Although they have not come to a consensus on the approach, they are currently seeking options that will satisfy the needs of both agencies. As it stands now, the CDFW has approved the City of Indio (City) approach to offset impacts off site at Assessor’s Parcel Numbers (APNs) 686-310-013 and 686-310-014, which are west of the project site and owned by and located within the City of Cathedral City. In addition, hydroseeding of temporary impact areas will occur within the Coachella Valley storm water channel.

Geocon West, Inc. has agreed to come on to LSA’s team for this project and will be responsible for providing the Phase 1 Environmental Site Assessment services. The following scope and cost are based on this approach.

SCOPE OF WORK
Task 1: Post-Final Plans, Specifica�ons, and Es�mates (PS&E) Services LSA anticipates that additional consultation and coordination will be needed with CDFW and CVWD to identify proper mitigation for impacts to CDFW jurisdictional areas. LSA will facilitate a discussion with CDFW and CVWD to assist the City with their intended outcome of securing an agreement on one of the acceptable mitigation approaches for temporary impacts. LSA will assist with the City’s approval for the selected mitigation approach. Should a mutually acceptable approach not be agreed upon during the first round, a second round of coordination with both CDFW and CVWD may be required and is included in this scope. LSA will attend up to two meetings, which will be held virtually, with CDFW and CVWD to facilitate suitable mitigation. This task includes a total of 20 hours each for an LSA Principal and Senior Biologist to consult with CDFW and CVWD.

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Task 2: Biological Resources Technical Memorandum
The following details the scope required to prepare the Biological Resources Technical Memorandum in accordance with SAA compensatory measure 3.1.1.1 and CDFW checklist noted in SAA compensatory measure 3.1.1.2. Additional species and biological resource surveys will be recommended if site conditions warrant and regulatory requirements mandate. This task will be limited to the off-site mitigation lands associated with APN 686-310-013.

Deliverable: Biological Resources Technical Memorandum
Literature Review
LSA will conduct a literature review to identify sensitive species known or reported to occur within the off-site mitigation lands. The literature review will include the California Natural Diversity Database (CNDDB), the California Native Plant Society Electronic Inventory, and the United States Fish and Wildlife Service (USFWS) critical habitat mapper and Information for Planning and Consultation (IPaC) search.

Biological Resources Survey
An LSA Biologist familiar with the habitats and sensitive resources of the region will conduct a general on-site field survey. The survey will focus on vegetation mapping and documentation of wildlife currently using the mitigation site (e.g., birds and reptiles) and is anticipated to require one field day for two biologists. Vegetation mapping will be the first biological resources survey on site and will inform the other biological resource tasks described below. Vegetation community mapping will be conducted on approximately 20 acres of the mitigation site as well as areas up to 500 feet from the mitigation site. It is assumed that permission to access areas outside the mitigation site is not granted; therefore, those inaccessible mitigation sites will be surveyed using binoculars from advantageous viewpoints and public access roads.

LSA will prepare a Biological Resources Technical Memorandum that includes a summary of the results of the literature review, biological resources survey, and an assessment of whether focused surveys are needed. The report will include the following:
• A summary of survey methodology and results
• Representa�ve site photographs
• A list of species observed during the site visit
• A map and discussion of plant communi�es and United States Department of Agriculture mapped soil types
• An assessment of the poten�al habitat value for survey species iden�fied in the literature review and iden�fica�on of any addi�onal focused species surveys that may be necessary

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 309 of 3061 11/3/23 «\\lsaazfiles.file.core.windows.net\projects\TYL2103_Ave 44-City of Indio\00 Proposal\Augment\00_Budget Augment Ave 44_20231103.docx» 3 • A discussion of areas that may poten�ally be considered jurisdic�onal wetlands, waters of the United States, or streambeds/habitats as defined by the United States Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and CDFW, respec�vely.

This scope and cost estimate anticipates up to two rounds of review/revision of the technical memorandum. The report will be submitted to TYLin electronically. Upon review/revision, LSA will submit a PDF of the final report to TYLin. The PDF will include all text, graphics, and supporting appendices. If requested, hard copies may be provided on a time-and-materials basis.

If additional rounds of comments and/or additional coordination with TYLin are required, a budget augment will be necessary to complete the additional work.

Deliverable: Biological Resources Technical Memorandum
Task 3: Jurisdic�onal Delinea�on Report
As part of the biological resources report required for the offsite mitigation lands in accordance with SAA compensatory measure 3.1.1.1 and checklist noted in SAA compensatory measure 3.1.1.2, a jurisdictional delineation will also be required. The standard methodology for all jurisdictional delineations in the region is described below and will be followed. However, the report will be limited to the results for CDFW jurisdictional areas.

To identify jurisdictional wetlands, a three-parameter delineation will be conducted according to the USACE Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE Regional Supplement) and the 1987 Corps Wetland Delineation Manual to delineate the jurisdictional limits of non-wetland waters of the United States following the procedures set forth in 33 Code of Federal Regulations (CFR) 328.3(e). It is anticipated that a routine delineation (as defined by the USACE) that is tailored to the site characteristics will be adequate. The delineation should also consider any additional information needs based on the 2019 State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures) as administered by the RWQCB. Further, the extent of any streambed and associated riparian areas subject to review by the CDFW under Section 1602 of the California Fish and Game Code will be determined. It is anticipated that one site visit by two biologists will be required as part of this task. Vegetation mapping, as described in Task 2, will be conducted concurrently with the jurisdictional delineation. Therefore, the survey cost described under Task 2 will be incurred under this task. This task will be limited to the off-site mitigation lands associated with APN 686-310-013.

The results of the draft jurisdictional delineation will require verification and approval by CDFW.

Since USACE and RWQCB are not requiring additional mitigation other than that provided onsite, verification by these two agencies, including a preliminary jurisdictional determination from the USACE, is not included in the Scope of Work. LSA assumes that one site visit and one virtual meeting for CDFW verification will be required. The scope for this task does not include any substantial new data requests by the USACE, RWQCB, or CDFW. In the unlikely event that such requests are made by the resource agencies, LSA can provide a budget augment.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 310 of 3061 11/3/23 «\\lsaazfiles.file.core.windows.net\projects\TYL2103_Ave 44-City of Indio\00 Proposal\Augment\00_Budget Augment Ave 44_20231103.docx» 4 The CDFW typically does not verify jurisdictional determinations until a Notification of Streambed Alteration is submitted as part of the permitting process. Since a draft SAA has been issued by CDFW for the project, it is anticipated that CDFW will verify the jurisdictional determinations.

A technical report will be prepared presenting the results of the jurisdictional delineation. The report will be suitable for submittal to the involved agencies for purposes of permit application and for inclusion as a technical appendix. Accordingly, the report will identify and quantify jurisdictional areas and features, including a breakdown of CDFW jurisdictional areas. The report will also identify features as earthen or concrete. An estimate of permanent and temporary impacts resulting from the discharge of fill material into jurisdictional areas will not be included in this delineation report because impacts are not anticipated.

Upon receipt of comments, LSA will revise the draft report and submit a final report. This task includes responses to one round of consolidated comments. If additional rounds of comments and/or additional coordination is required, a budget augment will be necessary to complete the additional work. The report will be included as an attachment to the Biological Resources Technical Memorandum.

Deliverable: Jurisdictional Delineation Report
Task 4: Off-Site Lands Package Prepara�on
The following lists the requirements of a Long-Term Management Plan (LTMP) in accordance with SAA compensatory measure 3.1.1.5:
1) A description of the physical conditions of the Mitigation Site at the time of its approval by CDFW, including water resources and habitat types, and a map that identifies the location of the site;
2) Goals related to sustaining habitat quality, wildlife usage, and overall function of the Mitigation Site; and
3) Specific tasks and management strategies proposed to meet those goals, including but not limited to fencing, invasive species management, trash and trespass control, and resource monitoring using a monitoring and management schedule, adaptive management plans, strategies to address foreseeable site disturbances (e.g., dumping, wildfires, unauthorized recreational activities, etc.), and maintenance of signage and fencing.

Consistent with SAA compensatory measures 3.1.1.4 (Interim Management Plan [IMP]), 3.1.1.5 (LTMP) and 3.1.1.8 (Property Analysis Record [PAR]), LSA will prepare the off-site lands package including the IMP, LTMP, and their PAR equivalents. LSA will coordinate with CDFW, USFWS, USACE, RWQCB, TYLin, the Conservation Easement (CE) Holder (to be determined), and a Riverside County Title Company. The IMP/LTMP will be a joint document that describes the material, methodologies, and oversight needed to conserve the off-site area identified for conservation. The IMP/LTMP also include the monitoring protocol and reporting requirements s well as summarize the anticipated costs of long-term management (see below).

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 311 of 3061 11/3/23 «\\lsaazfiles.file.core.windows.net\projects\TYL2103_Ave 44-City of Indio\00 Proposal\Augment\00_Budget Augment Ave 44_20231103.docx» 5 LSA will prepare a PAR that will itemize each management and monitoring task identified in the LTMP and the associated cost. The PAR will indicate the annualized expenditure. LSA will coordinate with the endowment manager and holder of the CE to identify the endowment capitalization rate as well as CE compliance and administrative expenses in order to finalize the required endowment amount for the mitigation site. We have allocated 8 hours for staff to address internal review and agency comments on the PAR.

LSA will review and provide comments, as needed, on the draft CE prepared for the off-site mitigation lands. It is assumed that the CE will be provided by the Client. We have allocated 20 hours of staff time for this task that is split between an LSA Senior Biologist and a Principal.

All documents associated with this task will be provided in draft form to the Client to review and provide comments on. The budget includes three rounds of comment revisions as well as one round of agency comment revisions. A future budget augment will be needed to cover the management of monitoring and reporting tasks under the IMP once the CE has been recorded and the interim management period begins (to be determined). The need for the IMP budget augment will not likely be until 2024. This task assumes that a cultural resource report will not be required. A Phase 1 Environmental Site Assessment Report will be required and is described below. A Title Report is also required and it is assumed it will be provided by the Client.

As part of this task, we have allocated 60 hours of staff time that is split between an LSA Senior Biologist and a Principal for time to review documents provided by the City, participation in conference calls, and attendance at one meeting at the off-site mitigation lands.

Deliverables: IMP, LTMP, and PAR Equivalents
Task 5: Phase I Environmental Site Assessment (ESA)
The purpose of the Phase I ESA will be to obtain information regarding the potential presence of hazardous substance or petroleum product impacts at the Site. Geocon West, Inc. (Geocon) will perform the Phase I ESA in general accordance with the American Society for Testing and Materials (ASTM) Designation E 1527-21 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. Geocon will also conduct the Phase I ESA in accordance with the requirements of 40 Code of Federal Regulations (CFR) Part 312 titled Standards and Practices for All Appropriate Inquiries (AAI), as required under Sections 101(35)(B)(ii) and (iii) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The purpose of conducting an AAI-compliant investigation into the previous ownership and uses of a property is to meet the provisions necessary for the landowner, contiguous property owner, and/or bona fide prospective purchaser to qualify for certain landowner liability protections under CERCLA.

In order to perform the Phase I ESA in accordance with ASTM and AAI guidelines, Geocon request that, if possible, the current property owner (or the Client) provide:
• permission to enter the Site;
• names and telephone numbers of persons familiar with the Site;

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 312 of 3061 11/3/23 «\\lsaazfiles.file.core.windows.net\projects\TYL2103_Ave 44-City of Indio\00 Proposal\Augment\00_Budget Augment Ave 44_20231103.docx» 6 • a description of the planned use of the Site;
• any specialized knowledge regarding the Site;
• any commonly known or reasonably ascertainable information regarding the Site; • any site-related documents; and
• a historical chain-of-title report from a title company (as an alternative, Geocon can order an environmental lien report for an additional fee).

Geocon proposes to assess the Site and vicinity for the potential presence of hazardous substance and/or petroleum product impacts (i.e., levels warranting regulatory cleanup action). For the purposes of this Phase I ESA, the “vicinity” of the Site is defined as properties/facilities within ¼ mile of the Site.

The Phase I ESA services will include:
• a reconnaissance of the Site to assess for the presence or make visual observations of indicators of the potential presence, of hazardous materials, hazardous wastes, or soil and/or groundwater impacts on the Site. These indicators may include 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surficial soils, electrical transformers that may contain polychlorinated biphenyls, and areas conspicuously absent of vegetation. If access is unavailable to any portions of the Site, Geocon’s ability to complete the assessment described herein may be hindered. Assessment of the Site for wetlands, asbestos-containing building materials, lead-containing paint, lead in drinking water, radon, methane gas, perand polyfluoroalkyl substances, and naturally occurring substances such as arsenic and asbestos are not included in the Phase I ESA services.
• performing a visual survey of adjoining and adjacent properties from the Site and from public thoroughfares to observe general types of land use surrounding the Site. • reviewing the Standard Environmental Records Sources: Federal and State as referenced in ASTM Designation E 1527-21 and 40 CFR Part 312 to obtain information regarding the potential presence of hazardous substances and/or petroleum products on the Site or on properties located within the approximate minimum search distance specified for each source. The records Geocon searches will include registries or publicly available lists of recorded engineering and institutional controls, and recorded land use restrictions for properties/facilities with the potential to impact or have impacted the Site. • reviewing reasonably ascertainable regulatory agency files for the Site and/or properties in the vicinity of the Site with environmental conditions that could potentially impact the Site.

The sources for these files could include the Santa Clara County Department of Environmental Health, the California Regional Water Quality Control Board, and the California Department of Toxic Substances Control.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 313 of 3061 11/3/23 «\\lsaazfiles.file.core.windows.net\projects\TYL2103_Ave 44-City of Indio\00 Proposal\Augment\00_Budget Augment Ave 44_20231103.docx» 7 • contacting local public agencies by telephone or in writing to obtain readily ascertainable information regarding underground storage tank permits, agriculture-related permits and violations, air emission permits and violations, and electrical transformers. Geocon will obtain this information for the Site and adjoining and adjacent properties. The agencies Geocon contacts may include the building department, the local air pollution control agency, the agricultural commissioner’s office, and gas and/or electric utility companies, as appropriate.
• reviewing pertinent and reasonably ascertainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the Site. • reviewing EDR Sanborn, Inc. Fire Insurance Maps for the Site and vicinity (if available) to obtain information concerning the historical uses of the Site and the potential presence of former or existing underground storage tanks on the Site. • reviewing and interpreting reasonably ascertainable historical aerial photographs to obtain information concerning the historical use of the Site and adjacent properties. • reviewing historical United States Geological Survey topographic maps to obtain information relative to the topography of the Site, as well as previous development and uses of the Site and properties located in the vicinity of the Site.
• reviewing documents provided by the Client, at their discretion. Potentially useful documents may include geotechnical, geologic, and environmental reports, site plans, plot plans, and correspondence with regulatory agencies.
• reviewing California Department of Conservation, Geologic Energy Management Division records to obtain information regarding the locations of potential oil and gas wells on the Site or in the site vicinity.
• reviewing recorded land title (chain-of-title) records for the Site in accordance with the requirements identified in 40 CFR Part 312, if requested. The purpose of obtaining a chainof- title report is to assess whether any requirements regarding engineering and institutional controls have been recorded for the Site, and whether any land use restrictions and/or environmental cleanup liens are associated with the Site. As an alternative, Geocon can order an environmental lien report for the Site for an additional fee. • conducting interviews in person, by telephone, or in writing with present and past tenants/owners of the Site to evaluate if present or past occupants have used, generated, stored, or disposed of hazardous substances and/or petroleum products onsite. • preparing a report summarizing the findings of the Phase I ESA and qualitatively describing the potential for environmental impairment of the Site. Geocon will also provide recommendations in the report for additional environmental assessment of the Site, if warranted.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 314 of 3061 11/3/23 «\\lsaazfiles.file.core.windows.net\projects\TYL2103_Ave 44-City of Indio\00 Proposal\Augment\00_Budget Augment Ave 44_20231103.docx» 8 The following assumptions have been incorporated in this proposal. • The requested services are not part of a trust or corporate, Small Business Administration, or pre-foreclosure real estate Phase I ESA, nor is it required to meet Freddie Mac or Fannie Mae requirements.
• There are no Client-specific report format requirements for the Phase I ESA. Geocon will use their standard report format that meets federal AAI and ASTM Phase I ESA standards. • An environmental lien report is not included in this quotation; Geocon will rely on the Client to provide lien data. If requested, environmental lien data can be provided for an additional $290 for the first parcel and $115 each subsequent parcel having the same owner as the first parcel.
• Based on the size of the Site, multiple database area searches, multiple sets of historical aerial photographs and historical topographic maps will not be required from the environmental database vendor (EDR). EDR will survey records for facilities and properties within a maximum of 1.0 mile beyond the site boundaries, as required in the AAI and ASTM standards.
• Water supply well information other than location and identification is not included. • Geocon has based their fee on performing one visit to the Site and that one day will be sufficient for the site reconnaissance.
• Geocon will prepare a separate final Phase I ESA report for the Client. Geocon will provide one electronic version (pdf) to the Client and bound hard copies of the reports upon request.
• Geocon will perform the Phase I ESA for the Client on a standard turnaround time based on the identified dates of completion indicated in the schedule below. Geocon will note any required information that cannot be obtained within the assessment and reporting period in the report with an assessment of how the missing information impacts the report findings and conclusions.
• Reliance letters are not included in this cost proposal but can be provided upon request.

Deliverables: Phase I Environmental Site Assessment

STAFFING
LSA key staff involved in this project include the following:
• Ryan Villanueva, Senior Biologist (Biology)
• John Ko, Principal (Restora�on Ecologist)

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LSA proposes to accomplish Post-Final PS&E services for permitting as described in the Scope of Work on a time-and-materials basis for an estimated fee of $104,631 (Fee) as shown in Table A below.

The terms and conditions of this amendment, including the budget terms, match those provided in the original contract signed July 1, 2014. LSA’s fees are charged on an hourly basis. The fee will not be exceeded without the City’s authorization. This fee is based on LSA’s past experience related to the level of effort needed to facilitate agency coordination for projects of this type.

Table A: Estimated Budget
Tasks Labor Expenses
Task 1: Post-Final Plans, Specifications, and Estimates (PS&E) Services $8,585 - Task 2: Biological Resources Technical Memorandum $16,018 $294 Task 3: Jurisdictional Delineation Report $9,219 -
Task 4: Off-Site Lands Package Preparation $64,940 $294 Task 5: Phase I Environmental Site Assessment (ESA) $5,281 - Subtotal $104,043 $588
TOTAL $104,631
LSA welcomes the opportunity to discuss strategy and the details of this Scope of Work. If you have any questions, please contact me at (626) 257-0215.

Sincerely,
LSA Associates, Inc.

Ryan Villanueva
Senior Biologist
The stated terms detailed in the Scope of Work re: Proposal to Provide Regulatory Permitting Assistance for the Avenue 44 Low-Water Crossing Replacement at the Coachella Valley Storm Water Channel in the City of Indio, Riverside County, California (LSA Project No. TYL2103) for $104,631 are hereby accepted and authorized.

CONSULTANT: CLIENT:

LSA Associates, Inc.

Company Company
Authorized Signature Authorized Signature

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Title Title
Date Date

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 317 of 3061 Cost Proposal Worksheet
COMPANY: SCOPE OF WORK: DATE:

LSA Regulatory Permitting and Mitigation Lands Assessments/Conservation PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Ave 44 Low Water Crossing Replacement Post Final Plans, Specifications, and Estimates (PS&E) Services

DIRECT LABOR

PERSONNEL FUNCTION HOURS RATE AMOUNT
Principal in Charge 0.0 56.45$ -$
Project Manager 0.0 45.28$ -$
John Ko Principal Biology 98.0 80.95$ 7,933$
Ryan Villanueva Associate Biology 340.0 55.56$ 18,890$
Biologist 0.0 22.00$ -$
Meredith Canterbury Sr. GIS /Graphics 70.0 53.97$ 3,778$ GIS/Graphics 0.0 32.22$ -$
Lauren Johnson Word Processor 27.0 38.10$ 1,029$
Senior Geologist 34.0 42.86$ 1,457$
-$
-$
-$
-$
-$
-$
TOTAL HOURS 569 TOTAL DIRECT LABOR 33,087$

MULTIPLIERS
ESCALATION 0.00% (of Total Direct Labor) -$
OVERHEAD-Additional Services 185.85% (of Total Direct Labor + Escalation) 61,493$ TOTAL MULTIPLIERS 61,493$

OTHER DIRECT EXPENSES

ITEM UNIT QUANTITY UNIT COST AMOUNT
Reproducibles per page 0.40$ -$
Mileage per mile 1,040 0.57$ 593$
Per Diem per meal 10.00$ -$
-$
-$
-$
-$
TOTAL OTHER DIRECT EXPENSES 593$

OUTSIDE SERVICES

COMPANY LABOR MULTIPLIERS FEE EXPENSES TOTAL
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$
TOTAL OUTSIDE SERVICES -$
FEES
FIXED FEE- ADDITIONAL SERVICES 10.00% (of Total Outside Services) 9,458$ TOTAL FEES 9,458$
TOTAL COST 104,631$

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 318 of 3061 Manhour Worksheet
COMPANY: SCOPE OF WORK: DATE:

LSA Regulatory Permitting and Mitigation Lands Assessments/Conservation PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Avenue 44 Low Water Crossing Replacement Post Final Plans, Specifications, and Estimates (PS&E) Services Personnel: PIC PM PIC-Bio Assoc Bio Bio Sr. GIS
Graphics GIS Graphics Word Processor Sr. Geologist
Task No. DESCRIPTION Billing Rate: $0.00 $56 $45 $81 $56 $22 $54 $32 $38 $43 Total Hours Amount 1 Post Final Plans, Specifications, and Estimates (PS&E) Services -$ Consult with CDFW - 8 8 16 1,092$
Coordinate with CVWD - 2 2 4 273$
Secure City's approval - 1 1 2 137$
Second round of coordiation with CDFW and CVWD - 4 4 8 546$ Attend 2 meetings, one each with CDFW and CVWD 5 5 10 683$ 2 - -$
- -$
- -$
- -$
3 Biological Resources Technical Memorandum - -$
Site Visit 24 24 1,333$
Report - 3 36 10 4 53 2,935$
Round 1 Comments - 1 4 3 2 10 541$
Round 1 Comments 1 2 1 1 5 284$
4 Jurisdictional Delineation Report - -$
Literature Review 2 2 111$
Site Visit (covered under BRT site visit) - -$
Report 2 28 10 3 43 2,372$
Response to Comments 1 4 2 1 8 449$
- -$
5 Off-Site Lands Package Preparation - -$
Prepare IMP 6 52 12 4 74 4,175$
Comment #1 - 1 8 4 1 14 779$
Comment #2 1 4 2 1 8 449$
Comment #3 1 2 2 1 6 338$
Agency Comment 1 4 2 1 8 449$
Prepare LTMP 6 50 12 4 72 4,064$
Comment #1 1 8 4 1 14 779$
Comment #2 1 4 2 1 8 449$
Comment #3 1 2 2 1 6 338$
Agency Comment 1 4 2 1 8 449$
Prepare PAR 6 20 26 1,597$
Comment #1 1 8 9 525$
Comment #2 1 4 5 303$
Comment #3 1 2 3 192$
Agency Comment 1 4 5 303$
Conservation Easement Review 10 10 20 1,365$
General coordination 30 30 60 4,095$
6 - -$
Phase 1 ESA Report - -$
Phase 1 ESA Report 4 34 38 1,679$
- -$
-
-
-
-
-
-
Subtotals:

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 319 of 3061 Manhour Worksheet
COMPANY: SCOPE OF WORK: DATE:

LSA Regulatory Permitting and Mitigation Lands Assessments/Conservation PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Avenue 44 Low Water Crossing Replacement Post Final Plans, Specifications, and Estimates (PS&E) Services Personnel: PIC PM PIC-Bio Assoc Bio Bio Sr. GIS
Graphics GIS Graphics Word Processor Sr. Geologist
Task No. DESCRIPTION Billing Rate: $0.00 $56 $45 $81 $56 $22 $54 $32 $38 $43 Total Hours Amount TOTALS - - 98 340 - 70 - 27 34 569 33,087

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 320 of 3061 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com March 9, 2023
T.Y. Lin International
3633 East Inland Empire Boulevard, Suite 900
Ontario, CA 91764
Attn: Roya Golchoobian, PE
Subject: Proposal for Survey Services (RFP 1874)
Avenue 44 Mitigation Parcels – Cathedral City, CA
Dear Roya Golchoobian:

MSA Consulting, Inc. (MSA) is pleased to provide you with this proposal for Survey Services related to the Avenue 44 Mitigation Parcels, in the City of Cathedral City (City).

The subject site is on a total of approximately 2.34-acres; as shown on the exhibit. The northerly of the two purple areas (portion of APN 686-310-013) and the blue area (portion of APN 686-310-014).

Our proposal is based upon the information provided to us, and our knowledge of the standards and requirements of the City of Indio.

The Scope and Fee described in this proposal shall be valid until March 30, 2024.

Scheduling for the Work will commence upon receipt of a signed copy of a Professional Service Agreement, which will serve to acknowledge approval of the terms contained herein.

We hope the attached scope and fee are consistent with your requirements. We appreciate the opportunity to offer our services and would be pleased to answer any questions you might have.

Very truly yours,
Luke R. Beverly, PLS
Vice President / Director of Survey and Mapping
MSA Consulting, Inc.

LB:br
Enclosures
Exhibit “A” – Scope of Work
Exhibit “B” – Compensation
Project Area Exhibit
Hourly Fee Schedule
R:\2240\Documents\Proposals\1874 Mitigation Land - Survey Services\lb_T.Y. Lin International_Ave 44 Mitigation Parcels-Survey Services_Ltr_09.22.23.docx Via Electronic Mail

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 321 of 3061 Proposal for Survey Services (RFP 1874)
Avenue 44 Mitigation Parcel – Cathedral City, CA

March 9, 2023
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com EXHIBIT “A” – SCOPE OF WORK
MSA (Consultant) proposes to perform the following tasks:

2.4.1. Map Research
Perform record map research of the subject site.

2.4.2. Boundary Survey
Perform a boundary survey of the property to confirm existing survey monuments and verify accurate property lines of the site.

2.4.3. Base Mapping
Calculate existing parcel boundaries based on record information.

2.4.4. Convert GIS Linework
Convert the GIS Linework of the proposed conservation easement areas provided by others to ACAD format for use in Task 2.4.5.

2.4.5. Easement Legal/Exhibit
Using the information gathered above (tasks 2.4.1.-2.4.4.), and after receiving the vesting deed from the Client and verifying the legal parcel to be involved, prepare up to two (2) metes and bounds legal descriptions with exhibits to for the City of Indio to secure a Conservation Easement.

1.1. Reproduction
Reproduction expenses include in-house reproduction of maps, applications and supporting documents related to the survey services.

CLIENT RESPONSIBILITIES and ASSUMPTIONS
The following has been taken into consideration in the preparation of this proposal:

1. Prevailing Wage rates are in effect.

2. Client, or authorized representatives, will be available to:
▪ Provide direction to MSA, as necessary.
▪ Provide full access to property, as necessary.
▪ Pay all processing deposits and fees.
▪ Provide signatory on all application forms and permits. ▪ Retain other technical consultants as needed for the projects. ▪ Obtain all permits required by the City/Agencies.
▪ Provide any necessary information, including, but not limited to: digital files, plans, maps, Title Reports, etc.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 322 of 3061 Proposal for Survey Services (RFP 1874)
Avenue 44 Mitigation Parcel – Cathedral City, CA

March 9, 2023
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com

EXCLUSIONS
Consulting services not specifically listed in the scope above are excluded from the agreement. Additional services, if required, may be provided by MSA or other consultants under a separate written proposal with additional fees as approved by the Client.

Examples of these include:

1. All permits and fees

2. Utility research services

3. Engineering Improvement Plans

4. Environmental Plans

5. Construction Staking

6. Details/Schedules

7. Specifications

8. Monumentation

9. Record of Surveys

10. Corner Records

11. Survey Services; other than included herein

12. Preparation of Grant Deeds and/or Grant of Easements

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 323 of 3061 Proposal for Survey Services (RFP 1874)
Avenue 44 Mitigation Parcel – Cathedral City, CA

March 9, 2023
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com EXHIBIT “B” – COMPENSATION
Client agrees to compensate Consultant for such services as follows. Except where identified as hourly, costs represent a fixed fee to be billed monthly on a percent complete basis. Reimbursable expense will be billed at cost-plus.

Task/Description Fee

2.4. Conservation Easement............................................................... $15,861.86

2.4.1. Map Research...........................................................................$1,266.00

2.4.2. Boundary Survey.......................................................................$4,354.16

2.4.3. Base Mapping ...........................................................................$4,785.49

2.4.4. Convert GIS Linework ..................................................................$670.72

2.4.5. Easement Legal /Exhibit ...........................................................$4,785.49 Other Direct Expenses ............................................................................. $100.00

1.1. Reproduction................................................................................$100.00 Total – All Tasks ...................................................................................... $15,961.86

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 324 of 3061 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com RFP# 1874 - Project Area Exhibit

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 325 of 3061

CURRENT HOURLY BILLING RATES
April 1, 2023

CLASSIFICATION HOURLY RATES
Principal Engineering Services
Principal Engineer...................................................................................................................................................................$250.00 Planning Services
Director of Planning.................................................................................................................................................................. 240.00 Planner / Designer ................................................................................................................................................................... 170.00 Planner / Project Manager ....................................................................................................................................................... 155.00 CADD Technician..................................................................................................................................................................... 140.00 Assistant Planner..................................................................................................................................................................... 130.00 Environmental Services
Director of Environmental Services .......................................................................................................................................... 210.00 Environmental Planner / GIS Specialist.................................................................................................................................... 170.00 Environmental Planner............................................................................................................................................................. 140.00 Assistant Environmental Planner ............................................................................................................................................. 130.00 Landscape Architecture Services
Studio Director – Landscape.................................................................................................................................................... 220.00 Senior Project Architect – Landscape ...................................................................................................................................... 190.00 Senior Project Manager – Landscape ...................................................................................................................................... 180.00 Senior Project Designer – Landscape...................................................................................................................................... 175.00 Project Architect – Landscape ................................................................................................................................................. 165.00 Project Manager – Landscape ................................................................................................................................................. 170.00 Project Designer – Landscape ................................................................................................................................................. 155.00 Associate Project Manager – Landscape................................................................................................................................. 150.00 Associate Project Designer – Landscape................................................................................................................................. 145.00 CADD Designer – Landscape .................................................................................................................................................. 135.00 Administrative Assistant........................................................................................................................................................... 110.00 Survey Services
Director of Surveying and Mapping .......................................................................................................................................... 220.00 Survey Manager....................................................................................................................................................................... 200.00 Survey Project Manager ...........................................................................................................................................................................200.00 Senior Surveyor ....................................................................................................................................................................... 185.00 Chief of Parties ....................................................................................................................................................................... 180.00 Survey Technician II ............................................................................................................................................................... 170.00 Survey Technician I ................................................................................................................................................................. 140.00 One-Man Survey Crew (Field).................................................................................................................................................. 180.00 One-Man Survey Crew (Prevailing Wage)................................................................................................................................ 200.00 Two-Man Survey Crew............................................................................................................................................................. 285.00 Two-Man Survey Crew (Prevailing Wage)................................................................................................................................ 315.00 Three-Man Survey Crew .......................................................................................................................................................... 365.00 Three-Man Survey Crew (Prevailing Wage) ............................................................................................................................. 400.00 Utility Services / Construction Administration
Utility Manager ......................................................................................................................................................................... 180.00 Utility Coordinator ................................................................................................................................................................... 165.00 CADD Technician..................................................................................................................................................................... 140.00 Engineering Services
Director of Design Services...................................................................................................................................................... 240.00 Senior Project Manager ........................................................................................................................................................... 240.00 Project Manager....................................................................................................................................................................... 210.00 Associate Project Manager ...................................................................................................................................................... 190.00 Senior Project Engineer ........................................................................................................................................................... 190.00 Project Engineer ...................................................................................................................................................................... 180.00 Senior Designer ....................................................................................................................................................................... 175.00 CADD Designer ....................................................................................................................................................................... 150.00 CADD Technician .................................................................................................................................................................... 140.00 Assistant Project Manager ....................................................................................................................................................... 115.00 Administrative Services
Administrative Assistant........................................................................................................................................................... 110.00 The above rates include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, filing or permit fees or survey monuments. 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 326 of 3061 Cost Proposal Worksheet
COMPANY: SCOPE OF WORK: DATE:

MSA Consulting Final Design PS&E Feb-15
PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Ave 44 Mitigation Parcel Phase II

DIRECT LABOR

PERSONNEL FUNCTION HOURS RATE AMOUNT
A Director of Survey/Mapping Director of Survey/Mapping 8.0 76.44 $ $611.52 B Survey Manager Survey Manager 4.0 65.19 $ $260.76
C Survey Tech II Survey Tech II 56.0 49.00 $ $2,744.00
D Two-Man Survey Crew 2 Man Survey Crew 8.0 135.93 $ $1,087.44 E GIS Specialist GIS Specialist 4.0 51.92 $ $207.68
TOTAL HOURS 80.0 TOTAL DIRECT LABOR $4,911.40

MULTIPLIERS
ESCALATION 0.00% (of Total Direct Labor) $0.00
OVERHEAD-Additional Services 193.60% (of Total Direct Labor + Escalation) $9,508.47 TOTAL MULTIPLIERS $9,508.47

OTHER DIRECT EXPENSES

ITEM UNIT QUANTITY UNIT COST AMOUNT
Reproduction LS 1 100.00 $ $100.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL OTHER DIRECT EXPENSES $100.00

OUTSIDE SERVICES

COMPANY LABOR MULTIPLIERS FEE EXPENSES TOTAL
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
$ - - $ - $ - $
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
$ - - $ - $ - $ $ -
TOTAL OUTSIDE SERVICES $0.00
FEES
FIXED FEE- ADDITIONAL SERVICES 10.00% (of Total Outside Services) $1,441.99 TOTAL FEES $1,441.99
TOTAL COST $ 15,961.86

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 327 of 3061 Manhour Worksheet
COMPANY: SCOPE OF WORK: DATE:

MSA Consulting Final Design PS&E
PROJECT: MILESTONE/PHASE/PROJECT SUMMARY:

Avenue 44 Low Water Crossing Replacement Phase II
Personnel: A B C D E F
Task No. DESCRIPTION Billing Rate: $76.44 $65.19 $49.00 $135.93 $51.92 $0 Total Hours Amount -

2.4 Conservation Easement - -

2.4.1 Map Records - 8 8 392.00

2.4.2 Boundary Survey 4 - 8 12 1,348.20

2.4.3 Base Mapping 4 - 24 28 1,481.76

2.4.4 Convert GIS Linework - 4 4 207.68

2.4.5 Easement Legal/Exhibit 24 4 28 1,481.76
- - -
- - -
- - -
- - -
- -
- -
- -
- -
- -
- -
- -
Subtotals:

TOTALS 4 8 56 8 4 - 80 4,911.40
February-15
Phase II - Final Design

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 328 of 3061

CHANGE ORDER REQUEST FORM
Client Name:

TYLyin
Contract No. 1074-IND
P601230181
Change Order No.: 2 CRF No.:

Affected Areas: Start Date
End Date
Contract Amount
Task Order Amount
Project Scope
Personnel/Responsibilities
Other:

New Start Date: (If applicable)New End Date:
(If applicable)
October 31, 2024
Change Order (CO) Scope of Work Description (attach proposal):

Change Order Pricing (attach proposal): Lump Sum Time and Material Original Contract Amount On-Call Contract: $ 195,210.00 Previous Cumulative Contract Amendment Amount: $ 30,184.00 Requested Contract Amendment Amount: $ 4,141.59
Revised Contract Total Amount (Includes All Amendments): $ $ 229,535.59 The client hereby acknowledges receipt and acceptance of the Change Order Request.

Client
Name: TYLin Overland, Pacific & Cutler, LLC
Signature of Authorized Representative Signature of Authorized Representative Name: James Barr Name: Kent Jorgensen
Title: Vice President Title: Senior Vice President
Date Signed: Date
Signed:

OPC is respectfully requesting a budget shift on our original contract dated May 28, 2014, include the acquisition of a conservation easement from the Cathedral City to the City of Indio. The services include document preparation and coordination between the two parties to complete the acquisition, the cost for the effort is $4,141.59 (see attached worksheet). The contract end date would be extended to October 31, 2024.

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 329 of 3061 Cost Proposal Worksheet
Date
10/11/2023
Project
Ave 44 Low Water Crossing Replacement

DIRECT LABOR

PERSONNEL HOURS RATE AMOUNT
Roy Guinaldo Senior Project Manager 8.0 72.12 $576.96
Kelly Dewitt Project Manager 20.0 43.28 $865.60
Total Hrs 28.0 Total Direct Labor $1,442.56

MULTIPLIERS
Escalation
OVERHEAD 161.00% (of Total Direct Labor + Escalation)
Total Multipliers $2,322.52

OTHER DIRECT COSTS UNIT QUANTITY UNIT COST AMOUNT
FEES
FIXED FEE - ADDITIONAL SERVICES 10.00% (of Total)
Total FEES $376.51
Total COST $4,141.59

FUNCTION
Company Scope of Work
OPC Mitigation Parcel Acquisition

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 330 of 3061 ATTACHMENT 3
DRAFT REDLINED AMENDMENT 1

STEAMBED ALTERATION AGREEMENT

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 331 of 3061 Ver. 5/28/2019

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

INLAND DESERTS REGION
3602 INLAND EMPIRE BLVD., SUITE C-220
ONTARIO, CA 91764

STREAMBED ALTERATION AGREEMENT
NOTIFICATION NO. 1600-2020-0056-R6

WHITEWATER RIVER/COACHELLA VALLEY STORMWATER CHANNEL

CITY OF INDIO
AVENUE 44 LOW-FLOW CROSSING REPLACEMENT PROJECT
This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Indio (Permittee) as represented by Eric WeckJuan Raya.

RECITALS
WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on April 15, 2020, that Permittee intends to complete the Project described herein.

WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the Project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.

WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.

NOW THEREFORE, Permittee agrees to complete the Project in accordance with the Agreement.

PROJECT LOCATION
The Project is located at the Avenue 44 crossing of the Whitewater River/Coachella Valley Stormwater Channel (CVSC) tributary to the Salton Sea, in the City of Indio, in the County of Riverside, State of California; Latitude 33.729640 N, Longitude 116.20860 W (Figure 1). Sections 13 and 24, Township 5 South, Range 7 East, U.S. Geological Survey (USGS) map Indio, San Bernardino Meridian.

PROJECT DESCRIPTION
The Project is limited to the removal of the existing low-flow crossing and associated culvert system and replacement of the crossing with a newly-constructed 518-foot long and 78-foot wide, four lane bridge with sidewalks on both sides spanning from channel bank to channel bank (figure 2). The new bridge will be supported by four bridge pilings, new abutments, and channel slope protection, and a grade control structure and concrete access roads and associated concrete slope protection will also be

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 332 of 3061 Notification #1600-2020-0056-R6
Streambed Alteration Agreement

constructed as part of the Project. Temporary water diversion structures will be installed, if needed, to convey stream flow during construction and removed postconstruction.

PROJECT IMPACTS
Existing fish or wildlife resources the Project could substantially adversely affect include:
burrowing owls (Athene cunicularia), migrant bird species, and all other fish and wildlife resources in the Project vicinity.

The adverse effects the Project could have on the fish or wildlife resources identified above include: temporary disturbance to burrowing owls that may use foraging habitat in the Project area, and the temporary and permanent loss of foraging and/or nesting habitat for migrant bird species. In addition, the Project will have the following impacts on streambed:

Temporary impacts to 5.464.88 acres of vegetated streambed and permanent loss of

1.271.94 acres of vegetated streambed (Figure 2). (Permanent impacts to Fish and Game Code section 1602 resources include 0.67 acres associated with the installation of an access road and associated concrete slope lining and 1.27 acres associated with four bridge pilings, new abutments, and a grade control structure.) Approximately

0.440.57 acres of habitat will be rehabilitated by the removal of the low flow crossing roadway and culvert system and returned to a more natural state.

MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES

1. Administrative Measures
Permittee shall meet each administrative requirement described below.

1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the Project Site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.

1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the Project at the Project Site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.

1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 333 of 3061 Notification #1600-2020-0056-R6
Streambed Alteration Agreement

provision imposed on the Project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.

1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the Project site at any time to verify compliance with the Agreement.

1.5. Take of Listed Species. The issuance of this Agreement does not authorize the take of any federally or state-listed threatened, endangered, or fully protected species. Take of any California Endangered Species Act (CESA)-listed species is prohibited except as authorized by state law (Fish & G. Code, §§ 2080 & 2085).

Consequently, if a Project, including Project construction or any Project-related activity during the life of the Project, results in take of CESA-listed species, CDFW recommends that the Project proponent seek appropriate authorization prior to Project implementation. This may include an incidental take permit (ITP) or a consistency determination (Fish & G. Code, §§ 2080.1 & 2081).

1.6. Take of Nesting Birds. Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act 1918, as amended (16 U.S.C. § 703 et seq.). The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes.

1.7. Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional impacts to Fish and Game Code section 1602 resources, or additional operations and maintenance activities not identified in this Agreement are anticipated. No additional impacts to Fish and Game Code section 1602 resources are authorized unless the impacts and/or activities are expressly authorized by CDFW by amendment to this Agreement.

2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.

2.1 Designated Biologists. Permittee shall submit to CDFW for review and acceptance, the name, contact information, and qualifications of each biologist, botanist, or other specialist (Designated Biologist(s)) proposed to perform survey and/or conduct monitoring activities for the Project. Permittee shall specify within

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 334 of 3061 Notification #1600-2020-0056-R6
Streambed Alteration Agreement

these submittals which activities each Designated Biologist is being considered for and clearly identify the qualifications and experience they possess to support the assignment. CDFW’s written acceptance of the Designated Biologists must be received prior to the commencement of Project activities, including construction and/or site preparation.

2.2 Authority of Designated Biologists. To ensure compliance with the measures of this Agreement, the Designated Biologists shall have the authority to immediately halt any activity that does not comply with this Agreement, and/or to order any reasonable measure to avoid the violation of any measure of this Agreement. Only Designated Biologists with appropriate authorization shall handle special-status species and may do so only according to their applicable permits. The Designated Biologists must halt construction if the Project has the potential to adversely impact any special-status species beyond the levels identified in associated and valid Project permits and notify the appropriate agencies immediately. This Agreement does not provide authorization for the handling of listed or specialstatus species.

2.3 Burrowing Owl. Permittee shall ensure that impacts to burrowing owls are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization and mitigation measures.

2.3.1 Burrowing Owl Habitat Assessment. Prior to the initiation of Project activities addressed by this Agreement, Permittee shall conduct a burrowing owl habitat assessment consistent with the 2012 Staff Report1.

The impact area and a 500-foot buffer (where practicable) shall be surveyed. Surveys shall be conducted by CDFW-approved Designated Biologist(s) knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign at the appropriate time of day/dawn, during appropriate weather conditions. The assessment shall consist of walking the Project site to identify the presence of burrowing owl habitat. Habitat assessment duration shall take into consideration the size of the property; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. A report summarizing the results of the habitat assessment shall be submitted to CDFW, as described in Measure 4.6.

2.3.2 Survey for Burrowing Owls Prior to Project Activities. If the burrowing owl habitat assessment identifies burrowing owl habitat on site, Permittee shall have a qualified Designated Biologist pre-approved by CDFW perform a survey for burrowing owls within 60 days and at least 30 days prior to 1 California Department of Fish and Wildlife (CDFW). 2012. Staff Report on Burrowing Owl Mitigation. State of California, Natural Resources Agency. Available for download at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843

Amendment 1 to the existing Streambed Alteration Agreement and Amendment... Page 335 of 3061 Notification #1600-2020-0056-R6
Streambed Alteration Agreement

initiation of Project activities. If no burrows or burrow surrogates are present, a survey shall not be required.

2.3.3 Burrowing Owl Inspection. If suitable burrowing owl habitat is found onsite, Permittee shall have a Qualified Biologist, pre-approved by CDFW, inspect all burrows that exhibit typical characteristics of owl activity such as (owls themselves, burrows, and owl sign at burrow entrances, including pellets, feces or other “ornamentation,” feathers, prey remains, whitewash, etc.) at least three days prior to any site preparation activities. If it is evident that the burrows are actively being used, Permittee shall not commence activities until no sign is present that the burrows are being used by adults or juvenile owls. CDFW shall be notified of detection of active burrows within three (3) days as described in Measure 4.6.

2.3.4 Burrowing Owl Survey Results. Permittee shall submit the burrowing owl survey methodology and results within seven days of completion and at least twenty-one days prior to commencement of Project activities addressed by this Agreement as described in Measure 4.6.

2.3.5 Burrowing Owls Observed During Construction. If burrowing owls are observed within the Project Site during Project implementation and construction, Permittee shall notify CDFW immediately as described in Measure 4.6. Further, Permittee shall be responsible for implementing appropriate avoidance and mitigation measures, including habitat avoidance, establishing buffers, passive or active relocation, or other appropriate mitigation measures.

2.3.6 Burrowing Owl Mitigation and Monitoring Plan. If burrowing owls are detected on the Project site and the owls must be translocated from the Project site, a Burrowing Owl Mitigation and Monitoring Plan shall be submitted to CDFW for review and approval prior to relocation of owls as described in Measure 4.6. The Burrowing Owl Mitigation and Monitoring Plan shall describe proposed relocation, monitoring, minimization, and mitigation actions. The Permittee shall implement the Burrowing Owl Mitigation and Monitoring Plan following CDFW review and approval. The Burrowing Owl Mitigation and Monitoring Plan shall include the number and location of occupied burrow sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial burrows (numbers, location, and type of burrows) shall also be included in the Burrowing Owl Mitigation and Monitoring Plan. As compensation for the scenario of loss of burrowing owl nesting and foraging habitat, the Burrowing Owl Mitigation and Monitoring Plan shall identify mitigation including acquisition and funding the permanent protection for the loss of burrowing owl habitat consistent with the 2012 Staff Report. The Permittee

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shall implement the Burrowing Owl Mitigation and Monitoring Plan following CDFW review and approval.

2.4 Nesting Birds. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures.

2.4.1 Designated Avian Biologist. Permittee shall designate a biologist experienced in: identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology (e.g., Ralph et al. 19932 and United States Fish and Wildlife Service and/or CDFW-accepted species-specific survey protocols, available here:
https://www.wildlife.ca.gov/conservation/survey-protocols); nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success (e.g., Martin and Geupel 19933); determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

2.4.2 Pre-construction Surveys. Surveys shall be conducted by the Designated Avian Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than three (3) days prior to the initiation of Project activities addressed by this Agreement. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of area subject to this Agreement; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. Preconstruction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Avian Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. The Designated Avian Biologist shall not risk failure of the nest to determine the exact location or status and will make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for 2 Ralph, C.J., G.R. Geupel, P. Pyle, T.E. Martin, and D.F. DeSanta. 1993. Handbook of field methods for monitoring landbirds. General Technical Report PSW-GTR 144. USDA Forest Service Pacific Southwest Research Station. Albany, CA.
3 Martin, T.E. and G.R. Geupel. 1993. Nest-monitoring plots: methods for locating nests and monitoring success. Journal of Field Ornithology 64:507-514.

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potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Avian Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Avian Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.

Results of pre-construction surveys shall be provided to CDFW at least one business day prior to commencement of Project activities, as specified in Measure 4.6.

2.4.3 Buffers. When an active nest is confirmed, the Designated Avian Biologist shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Avian Biologist shall document baseline behavior, stage of reproduction, and existing site conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance. The Designated Avian Biologist shall monitor the nest at the onset of Project activities addressed by this Agreement, and at the onset of any changes in Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Avian Biologist determines that Project activities may be causing an adverse reaction, the Designated Avian Biologist shall adjust the buffer accordingly.

2.4.4 Ongoing Monitoring. The Designated Avian Biologist shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Avian Biologist shall document the status of all existing nests, including the stage of reproduction and the expected fledge date. If a nest is suspected to have been abandoned or failed, the Designated Avian Biologist shall monitor the nest for a minimum of one hour (four hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Avian Biologist may approach the nest to assess the status.

2.4.5 Deterrents. Permittee, under the direction of the Designated Avian Biologist, may also take steps to discourage nesting on the Project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials. The Designated Avian Biologist shall ensure that none of the deterrent materials pose an entanglement risk to birds or other species.

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2.4.6 Reporting. The Designated Avian Biologist shall be responsible for providing summary reports, as specified in Measure 4.6, where relevant, to CDFW at least once weekly regarding the nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. If Project activities result in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours of detection.

2.5 Pollution and Litter. The Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. This Measure does not apply to any activity described in the Project Description.

2.5.1 The Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows.

2.5.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation.

2.5.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from Project related activities shall be prevented from contaminating the soil and/or entering the waters of the State. These materials, placed within or where they may enter a lake, streambed, or flowing stream by the Permittee or any party working under contract or with the permission of the Permittee, shall be removed immediately.

2.5.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream.

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2.5.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow.

2.6 Non-native plant species. CDFW recommends the use of native plants to the greatest extent feasible within or adjacent to stream channels. Permittee shall not plant, seed, or otherwise introduce invasive non-native plant species to the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels and wetland/riparian mitigation sites).

Invasive non-native plant species not to be used include those species listed on the “California Invasive Plant Inventory, February 2006” and the “February 2007 Inventory Update”, (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.org, or by email at [email protected].

2.7 Best Management Practices. Permittee shall actively implement best management practices (BMPs) to prevent erosion and the discharge of sediment in to streams and lakes during Project activities. BMPs shall be monitored daily and repaired if necessary to ensure maximum erosion and sediment control. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the Project site shall be free of non-native plant materials. Fiber rolls or erosion control mesh shall be made of loose-weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves.

Non-welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread.

2.8 Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work.

The program shall consist of a presentation from a CDFW-approved biologist that includes a discussion of the biology and general behavior of flat-tailed horned lizards and other sensitive species in the area, information about the distribution and habitat needs of these species, sensitivity of these species to human activities, sensitive species status pursuant to CESA including legal protection, and Project-specific protective measures described in this Agreement. Permittee shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form (signature sheet) stating they attended the program and

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understand all protection measures. A copy of the signature sheet for this training will be provided to CDFW.

3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below.

3.1 Mitigation for Project Impacts. CDFW has determined that offsite permitteeresponsible mitigation and onsite rehabilitation and enhancement of compensatory habitat is necessary to fully mitigate impacts to streambed area that will result with implementation of Project activities. Impacts include 1.271.94 acres of permanent impacts to Fish and Game Code section 1602 resources and 5.464.88 acres of temporary impacts to Fish and Game Code section 1602 resources.

3.1.1 Permanent Impacts – Concrete Access Road and Associated Concrete Slope Protection. The Permittee shall compensate for permanent impacts of

0.67 acres to stream bed, bank, and channel associated with the installation of access roads and associated concrete slope lining through the acquisition and perpetual conservation and management of a “Mitigation Site”, or several mitigation sites, containing no less than 1.34 acres of streambed and stream-associated habitat within the Whitewater River Watershed.

The Permittee shall prepare, or fund the preparation of, a Long-Term Management Plan (LTMP; Measure 3.1.1.5) designed to sustain or surpass the habitat quality of the Mitigation Site in perpetuity. Permittee shall also establish long-term management funding (Measures 3.1.1.6 through

3.1.1.10). Permanent protection and funding for perpetual management of Habitat Management lands must be complete prior to initiation of Project activities, or within 18 months of starting Project activities if Security is provided pursuant to Measure 3.1.2 below for all uncompleted obligations.

3.1.1.1 Habitat Acquisition and Protection. Permittee shall obtain written approval from CDFW for the proposed Mitigation Site(s) with a minimum of 1.34 acres of offsite streambed and stream-associated habitat. Permittee shall submit a proposed Mitigation Site, including pertinent biological resources information and a preliminary title report, for CDFW review and approval no later than five months prior to the start of Project activities OR four months following start of Project activities if Security is provided.

3.1.1.2 Mitigation Site Conservation Easement. After CDFW approval of the Mitigation Site (Measure 3.1.1.1) and no later than four months prior to the start of Project activities OR six months

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following start of Project activities if Security is provided, Permittee shall provide to CDFW, for review and approval, a draft Conservation Easement (CE) prepared using a CDFW-provided CE template, a preliminary title report, and a Phase I environmental assessment. Permittee shall also provide the necessary documents specified in the CDFW Habitat Management Land Acquisition Package Checklist for Third Party Beneficiary (TPB) Project Applicants or a revised version to be provided by CDFW, in preparation for conservation easement(s) recordation. All documents conveying the Mitigation Site(s) and all conditions of title are subject to the review and approval of CDFW prior to recordation of the CE. Permittee shall ensure the preservation and long-term management of the CDFW-approved 1.34 acres of streambed and stream-associated habitat within the Mitigation Site(s) through recordation of a conservation easement(s).

Permittee shall record a CE approved by CDFW with an entity, to be approved by CDFW in its sole discretion, acting as grantee for the CE. Permittee shall also provide the necessary documents requested by CDFW for due diligence review at the time the grantee is proposed. CDFW shall be expressly named in the CE as a third-party beneficiary. Permittee shall identify separate entities to fulfill the grantee and land manager roles and shall not identify the same entity to fulfill both roles. The CE shall expressly require implementation of the LTMP by the grantor, and land manager, as authorized by the grantor and landowner, and shall expressly require the grantee to monitor implementation of the LTMP. Permittee shall record the CE after CDFW approval of the CE and all associated documents prior to the start of Project activities OR within 18 months following start of Project activities if Security is provided. Permittee shall be responsible for all costs associated with the CE, including recording, CE monitoring, and long-term management costs.

3.1.1.3 Mitigation Site Land Manager. After CDFW approval of the Mitigation Site (Measure 3.1.1.1) and no later than four months prior to the start of Project activities OR six months following start of Project activities if Security is provided, Permittee shall obtain CDFW approval of a land manager entity to manage the Mitigation Site. Permittee shall identify separate entities to fulfill the grantee and land manager roles and shall not identify the same entity to fulfill both roles. Permittee shall also provide the necessary documents requested by CDFW for due diligence review at the time the land manager is proposed. Permittee shall also obtain CDFW approval of an interim Mitigation Site land manager if they are different than the long-term Mitigation site manager. The

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interim and/or long-term land managers may be the landowner or another party approved by CDFW. Documents related to land management shall identify both the interim and long-term land managers. Permittee shall notify CDFW, for review and approval, of any subsequent changes in the land manager within 30 days of the change.

3.1.1.4 Start-Up Activities. Permittee shall provide for the implementation of start-up activities, including the initial site protection of the CDFWapproved Mitigation Site(s). Start-up activities include, at a minimum: 1) preparing an LTMP (Measure 3.1.1.5) for CDFW approval, 2) conducting baseline biological assessment and land survey report during the first growing season, 3) developing and transferring to the Geographic Information Systems (GIS) data if applicable, 4) establishing initial fencing (if necessary), 5) conducting initial removal of litter and debris, and 6) installing signage.

3.1.1.5 Mitigation Site Long Term Management Plan. After CDFW approval of the Mitigation Site (Measure 3.1.1.1) and no later than three months prior to the start of Project activities OR seven months following start of Project activities if Security is provided, Permittee shall provide a Long-Term Management Plan (LTMP) to CDFW for review and written approval. The LTMP be implemented in perpetuity and shall be designed to sustain or surpass the habitat quality of the Mitigation Site(s) at the time of its approval by CDFW. At a minimum, the LTMP shall identify: 1) a description of the physical conditions of the Mitigation Site at the time of its approval by CDFW, including water resources and habitat types, and a map that identifies the location of the site; 2) goals related to sustaining habitat quality, wildlife usage, and overall function of the Mitigation Site; and 3) specific tasks and management strategies proposed to meet those goals, including but not limited to fencing, invasive species management, trash and trespass control, and resource monitoring using a monitoring and management schedule, adaptive management plans, strategies to address foreseeable site disturbances (e.g., dumping, wildfires, unauthorized recreational activities, etc.), and maintenance of signage and fencing. The Permittee shall be responsible for implementing the LTMP and shall submit a Management Report every five years documenting, at a minimum: 1) management activities completed within the previous five-year term, including: (a) any remedial measures completed, (b) details of invasive species management including: (i) species and location where they were treated and/or removed, (ii) the amount and frequency of removal, and (iii) the techniques used, (c) fencing information (d) resource

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monitoring, adaptive management strategies developed and how they were implemented, and (e) enforcement activity necessary; 2) an assessment of overall habitat quality within the Mitigation Site, including: (a) any changes to native and non-native vegetation cover, (b) any shifts in habitat type, (c) any loss of habitat cover, (d) any change in water resources, and any new invasive species observed; and 3) an evaluation of the success or failure of management strategies implemented and any changes to
management strategies proposed in response to the successes or failures. The Management Report shall include photos documenting the management activities.

3.1.1.6 Mitigation Site Endowment Fund. Permittee shall ensure that the Mitigation Site is perpetually managed, maintained, and monitored by the land manager as described in this Agreement, the CE, and the LTMP approved by CDFW. After obtaining CDFW approval of the Mitigation Site(s), Permittee shall provide long-term management funding for the perpetual management of the
Mitigation Site by establishing a separate long-term management fund (Endowment) for the site. The Endowment is a sum of money, held in a CDFW-approved fund that provides funds for the perpetual management, invasive species control (as needed), monitoring, and other activities on the Mitigation Site consistent with the management plan(s) required by Measure 3.1.1.5.

Endowment as used in this Agreement shall refer to the
endowment deposit and all interest, dividends, other earnings, additions, and appreciation thereon. The Endowment shall be governed by this Agreement, Government Code sections 65965- 65968, as amended, and Probate Code sections 18501-18510, as amended.

After the interim management period, Permittee shall ensure that the designated long-term land manager implements the
management and monitoring of the Mitigation Site(s) according to LTMP. The long-term land manager shall be obligated to manage and monitor the Mitigation Site in perpetuity to preserve their conservation values in accordance with this Agreement, the CE, and the LTMP. Such activities shall be funded through the Endowment.

3.1.1.7 Identify an Endowment Manager. The Endowment shall be held by the Endowment Manager, which shall be an entity qualified pursuant to Government Code sections 65965-65968, as amended, and approved in writing by CDFW in its sole discretion. Permittee shall submit to CDFW a written proposal for an Endowment Manager along with a copy of the proposed Endowment Manager’s

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certification pursuant to Government Code section 65968(e).

CDFW shall notify Permittee in writing of its approval or disapproval of the proposed Endowment Manager. If CDFW does not approve the proposed Endowment Manager, it shall provide Permittee with a written explanation of the reasons for its disapproval.

3.1.1.8 Endowment Funds Deposit. After obtaining CDFW written approval of the Mitigation Site(s), LTMP, and Endowment Manager, Permittee shall prepare in coordination with the land manager, a Long-Term Management Endowment PAR (or PAR-equivalent
analysis) to calculate the amount of funding necessary to ensure the long-term management of the Mitigation Site (Endowment Deposit Amount) consistent with the LTMP and to fund the grantee for CE monitoring. The Permittee shall submit to CDFW for review and approval the results of the Long-Term Management Endowment PAR before transferring funds to the Endowment Manager and no later than three months prior to the start of Project activities OR seven months following start of Project activities if Security is provided.

3.1.1.9 Capitalization Rate and Fees. Permittee shall obtain the capitalization rate from the selected Endowment Manager for use in calculating the Long-Term Management Endowment PAR and
adjust for any additional administrative, periodic, or annual fee. The capitalization rate used to calculate the PAR shall be 3.5% or less, unless otherwise approved in writing by CDFW.

3.1.1.10 Endowment Buffers/Assumptions. Permittee shall include in the Long-Term Management Endowment PAR assumptions for the following buffers for endowment establishment and use that will substantially ensure long-term viability and security of the Endowment:

3.1.1.10.1 10 Percent Contingency. A 10 percent contingency shall be added to each endowment calculation to hedge
against underestimation of the fund, unanticipated
expenditures, inflation, or catastrophic events.

3.1.1.10.2 Three Years Delayed Spending. The endowment
shall be established assuming spending will not occur for the first three years after full funding.

3.1.1.10.3 Non-annualized Expenses. For all large capital expenses to occur periodically but not annually such as fence replacement or well replacement, payments shall be

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withheld from the annual disbursement until the year of anticipated need or upon request to Endowment Manager
and CDFW.

3.1.1.11 Transfer Long-term Endowment Funds. Permittee shall transfer the Long-Term Endowment Funds to the Endowment Fund Manager upon CDFW approval of the Endowment Deposit Amount identified above prior to the start of Project activities OR within 18 months following start of Project activities if Security is provided. The Endowment Manager shall, at all times, hold and manage the Endowment in compliance with this Agreement, Government Code sections 65965-65968, as amended, and
Probate Code sections 18501-18510, as amended.

3.1.2 Security. If permanent protection and funding for perpetual management of compensatory habitat is not complete prior to the initiation of Project activities, Permittee shall provide financial security in the form of a Letter of Credit (LOC) (Exhibit 3), or other form of security approved by CDFW, for an amount sufficient for CDFW or its contractors to complete land acquisition, initial management, and perpetual management and monitoring of the 1.34-acre Mitigation Site. The LOC shall be submitted to CDFW for approval and shall be executed prior to initiation of Project activities.

3.1.2.1 Draft Copy of LOC. The Permittee shall provide a draft copy of the LOC, or other form of security approved by CDFW, to CDFW at the address listed below for review and approval prior to initiation of Project activities and prior to execution of security. The LOC shall not be executed without CDFW's prior approval.

3.1.2.2 Expiration of LOC. In the event that the LOC will expire before the mitigation obligations have been met, the Permittee shall be responsible for providing CDFW a new LOC to replace the existing LOC at least sixty (60) days prior to the expiration date.

3.1.2.3 Execution of LOC. If CDFW will hold a cash security, Permittee shall transmit it to CDFW with a completed Mitigation Payment Transmittal Form. Otherwise, upon execution of the LOC, or other form of security approved by CDFW, the Permittee shall provide the original to the address listed on the LOC template, and one copy of the executed document to CDFW at the address listed below.

3.1.2.4 The LOC, or other form of security approved by CDFW, shall allow CDFW to draw on the principal sum if CDFW, in its sole discretion, determines that the Permittee has failed to complete the compensatory mitigation measures of this Agreement.

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3.1.31 Permanent Impacts – Four Bridge Pilings, New Abutments, and a Grade Control Structure. The Permittee shall mitigate for 1.27 acres of permanent impacts to Fish and Game Code section 1602 resources associated with four bridge pilings, new abutments, and a grade control structure through the rehabilitation of 0.440.57 acres of streambed area by removal of existing road and culvert structures, revegetation and control of invasive plant species withinof the 0.440.57 acres of road removal (Measures 3.2 and 3.4), and the enhancement of the new bridge as wildlife habitat by adding bat roosting structures as identified in Measure 3.3.

3.1.42 Temporary Impacts. The Permittee shall mitigate for 5.464.88 acres of temporary impacts to Fish and Game Code section 1602 resources through the revegetation and control of invasive species on-site of 5.464.88 acres as described in Measures 3.2 and 3.4.

3.2 Revegetation of Channel – On-Site. The Permittee shall revegetate a minimum of

5.464.88 acres of temporary impacts to areas subject to Fish and Game Code section 1602 and the 0.440.57 acres of streambed area. Revegetation shall be implemented at the conclusion of Project activities according to a CDFW-approved Habitat Mitigation and Monitoring Plan (HMMP) described in Measure 4.1 and submitted for approval no later than 90 days after the signature to this Agreement and prior to the initiation of any Project activities in state jurisdictional areas. The HMMP shall include a plant palette for a one-time hydroseeding of temporarily impacted areas using a native seed mix of herbaceous and grass species, in addition to other information required in Measure 4.1.

3.3 Bat Roosting Habitat. Permittee shall provide permanent roosting habitat for bats via the installation of bat roosting habitat on the undersides/sides of the bridge or in locations on the bridge identified as suitable by a CDFW-approved bat biologist.

CDFW shall approve the proposed bat biologist. Minimum qualifications of the bat biologist for approval by CDFW shall include: demonstrated experience designing and installing bat roosting structures, and experience in the ecology of bats in urban landscapes. Bat roosting structures (i.e., light weight concrete panels) shall be constructed and installed under the direct supervision of the CDFW-approved bat biologist, and shall be installed prior to completion of bridge construction.

Permittee shall submit to CDFW for review and approval a Bat Roosting Habitat (BRH) Report identifying the design, location of placement, timing of installation, and number of panels to be installed on the bridge. The BRH Report shall be prepared by the CDFW-approved bat biologist and shall be submitted to CDFW as described in Measure 4.6 a minimum of 30 days prior to commencement of Project activities, including site preparation and staging.

3.4 Invasive Plant Species Control. Invasive, non-native plants will be removed and/or controlled on the Project Site, as needed, for a minimum period of five years postProject completion. The Project Site is defined as the area temporarily and/or Commented [CDFW161]: Added this section back in

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permanently impacted by the Project. Invasive species control shall be accomplished through the means described in the HMMP (see Measure 4.1).

Success criteria shall also be described in the HMMP but shall contain minimum success criteria of percent cover of invasive species on the Project Site to not exceed baseline (pre-Project) conditions. Prior to arrival at the Project Site and prior to leaving the Project Site, all construction equipment shall be cleaned that may contain invasive plants and/or seeds to reduce the spreading of invasive plant species.

3.5 Invasive Plant Species Monitoring. Occurrence of invasive, non-native plants will be monitored within the Project Site for a minimum of five years post-Project completion as described in the HMMP.

4. Reporting Measures
Permittee shall meet each reporting requirement described below.

4.1 Habitat Mitigation and Monitoring Plan. No later than 90 days after the signature to this Agreement and prior to the initiation of any Project activities subject to Fish and Game Code section 1602, the Permittee shall submit to CDFW for approval a HMMP designed to meet the overall goals identified in Section 3 of this Agreement.

The HMMP shall include, at a minimum, the following information: (a) a description of the existing physical conditions at the Project Site, (b) a plan for control of nonnative invasive plant species, (c) a plan for monitoring including success criteria for achieving invasive species control and photo monitoring points, (d) a plan for reporting on invasive species control and photo monitoring points for a minimum period of five years post-Project completion, and (e) a one-time hydroseeding plant palette. Permittee may request an extension for submission of HMMP prior to the due date.

4.2 Photo Monitoring. At least two photo monitoring points shall be established at the Project site. One point shall be located at the upstream edge of the Project site and the other point shall be located at the downstream edge of Project site. Each photo point shall have an unobstructed view of the disturbed Project area. Photo documentation shall be performed from the photo point prior to Project initiation and after Project completion. These photos shall be included in the Project Completion Report (see Measure 4.3). Photo documentation shall also be performed annually at the aforementioned photo points and included in annual reporting for five years post-Project completion (see Measure 4.1).

4.3 Project Completion Report. No later than 90 days after Project completion, Permittee shall submit to CDFW a report that summarizes all Project activities including the implementation of all items specified in Section 2 of this Agreement.

This report shall include but not be limited to: photo documentation, all survey results, avoidance/minimization measures implemented and maps that display Commented [CDFW162]: Added this back in

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work areas, surveyed areas and locations of any species specified in Section 2 and/or any nest of species specified in Section 2.

4.4 Notification to the California Natural Diversity Data Base (CNDDB). If any sensitive species are observed on or in proximity to the Project site, or during Project surveys, the Permittee shall submit CNDDB forms and maps to the CNDDB within five working days of the sightings and provide the regional CDFW office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data . A copy of this information will be mailed within five days to the CDFW, as identified in Measure

4.6. Please reference SAA# 1600-2020-0056-R6.

4.5 Notification of Start/End of Construction. The Permittee shall notify CDFW, in writing, at least five days prior to initiation of, and at least five days prior to completion of Project activities in areas subject to Fish and Game Code 1602 as identified in Measure 4.6. Please reference SAA# 1600-2020-0056-R6.

4.6 Reporting. All surveys, pre- and post- construction notifications, monitoring reports, and any other required communication between the Permittee and CDFW shall be submitted in digital copy to [email protected] Reference # 1600-2020-0056-R6, and cc: [email protected]. If CDFW requests hard copies of any documentation, Permittee shall mail to 3602 Inland Empire Blvd., Suite C-220, Ontario, CA 9764, Attn: Lake and Streambed Alteration Program, Reference # 1600-2020-0056-R6.

CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail or email, or to such other address as Permittee or CDFW specifies by written notice to the other.

To Permittee:

Eric WeckJuan Raya. P.E.

City of Indio
100 Civic Center Mall
Indio, CA 92201
[email protected]@indio.org
To CDFW:

Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220

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Ontario, CA 91764
Attn: Lake and Streambed Alteration Program – Jacob Skaggs Notification #1600-2020-0056-R6
[email protected]

LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the Project or any activity related to it that the Agreement authorizes.

This Agreement does not constitute CDFW’s endorsement of, or require Permittee to proceed with the Project. The decision to proceed with the Project is Permittee’s alone.

SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.

Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.

ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.

Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.

OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the Project or an activity related to it. For example, if the Project causes take

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of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service.

This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream).

Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.

AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.

Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW “Request to Amend Lake or Streambed Alteration” form and include with the completed form payment of the corresponding amendment fee identified in CDFW’s current fee schedule (see Cal.

Code Regs., tit. 14, § 699.5). Submit the form and fee to the CDFW regional office that serves the area where the Project is located.

TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.

The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW “Request to Amend Lake or Streambed Alteration” form and include with the completed form payment of the minor amendment fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). Submit the form and fee to the CDFW regional office that serves the area where the Project is located.

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EXTENSIONS
In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement’s term. To request an extension, Permittee shall submit to CDFW a completed CDFW “Request to Extend Lake or Streambed Alteration” form and include with the completed form payment of the extension fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e).

If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the Project the Agreement covers (Fish & G. Code § 1605, subd. (f)). Submit the form and fee to the CDFW regional office that serves the area where the Project is located.

EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW’s signature, which shall be: 1) after Permittee’s signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at https://www.wildlife.ca.gov/Conservation/CEQA/Fees.

TERM
This Agreement shall expire on December 21, 2025, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term.

Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires.

EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated herein by reference.

Figure Exhibit 1. Avenue 44 Low Flow Crossing Replacement Project Vicinity Map.

ExhibitFigure 2. Avenue 44 Low Flow Crossing Replacement Project Impacts Map.

Exhibit 3. Letter of Credit
Exhibit 4. Mitigation Monitoring and Reporting Plan

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Figure Exhibit 1. Avenue 44 Low Flow Crossing Replacement Project Vicinity Map.

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Figure Exhibit 2. Avenue 44 Low Flow Crossing Replacement Project Impacts Map.

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Exhibit 3
[Financial institution letterhead]

IRREVOCABLE STANDBY LETTER OF CREDIT
NO. [number issued by financial institution]
Issue Date: [date]
Beneficiary:

California Department of Fish and Wildlife
Habitat Conservation Planning Branch
Post Office Box 944209
Sacramento, CA 94244-2090
Attn: HCPB Contract Coordinator
Amount: U.S. $[dollar number] [(dollar amount)]
Expiry: [Date] at our counters
Dear Sirs:

1. At the request and on the instruction of our customer, [name of applicant] (“Applicant”), we, [name of financial institution] (“Issuer”), hereby establish in favor of the beneficiary, the California Department of Fish and Wildlife (“CDFW”), this irrevocable standby letter of credit (“Credit”) in the principal sum of U.S. $[dollar number] [(dollar amount)] (“Principal Sum”).

2. We are informed this Credit is and has been established for the benefit of CDFW pursuant to the terms of the [insert: “lake” or “streambed”] alteration agreement (No. [permit number]) for the [name of project] issued by CDFW to the Applicant on [date] (No. [number]) (“Permit”).

3. We are further informed that pursuant to the Permit, the Applicant has agreed to complete certain mitigation requirements in the Permit (“Mitigation Requirements”).

4. We are finally informed that this Credit is intended by CDFW and the Applicant to serve as a security device for the performance by the Applicant of the Mitigation Requirements.

5. CDFW shall be entitled to draw upon this Credit only by presentation of a duly executed Certificate for Drawing (“Certificate”) in the same form as Attachment A, which is attached hereto, at our office located at [name and address of

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financial institution].

6. The Certificate shall be completed and signed by an Authorized Representative of CDFW as defined in paragraph 12 below. Presentation by CDFW of a completed Certificate may be made in person or by registered mail, return receipt requested, or by overnight courier.

7. Upon presentation of a duly executed Certificate as above provided, payment shall be made to CDFW, or to the account of CDFW, in immediately available funds, as CDFW shall specify.

8. If a demand for payment does not conform to the terms and conditions of this Credit, we shall give CDFW prompt notice that the demand for payment was not effected in accordance with the terms and conditions of this Credit, state the reasons therefore, and await further instruction.

9. Upon being notified that the demand for payment was not effected in conformity with the Credit, CDFW may correct any such non-conforming demand for payment under the terms and conditions stated herein.

10.All drawings under this Credit shall be paid with our funds. Each drawing honored by us hereunder shall reduce, pro tanto, the Principal Sum. By paying to CDFW an amount demanded in accordance herewith, we make no representations as to the correctness of the amount demanded.

11.This Credit will be cancelled upon receipt by us of Certificate of Cancellation, which: (i) shall be in the form of Attachment B, which is attached hereto, and (ii) shall be completed and signed by an Authorized Representative of CDFW, as defined in paragraph 12 below.

12.An Authorized Representative shall mean the Director of CDFW; the General Counsel of CDFW; a Regional Manager of CDFW; or the Branch Chief of CDFW’s Habitat Conservation Planning Branch.

13.This Credit shall be automatically extended without amendment for additional periods of one year from the present or any future expiration date hereof, unless at least sixty (60) days prior to any such date, we notify CDFW in writing by registered mail, return receipt requested, or by overnight courier that we elect not to consider this Credit extended for any such period.

14. Communications with respect to this Credit shall be in writing and addressed to us at [name and address of financial institution], specifically referring upon such writing to this credit by number. The address for notices with respect to this Credit shall be: (i) for CDFW: Department of Fish and Wildlife, Habitat Conservation Planning Branch, Post Office Box 944209, Sacramento, CA 94244-

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2090, Attn: HCPB Contract Coordinator; and (ii) for the Applicant: [name and address of applicant].

15.This Credit may not be transferred.

16.This Credit is subject to the International Standby Practices 1998 (“ISP 98”). As to matters not covered by the ISP 98 and to the extent not inconsistent with the ISP 98, this credit shall be governed by and construed in accordance with the Uniform Commercial Code, Article 5 of the State of California.

17.This Credit shall, if not canceled, expire on [expiration date], or any extended expiration date.

18.We hereby agree with CDFW that documents presented in compliance with the terms of this Credit will be duly honored upon presentation, as specified herein.

19.This Credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Credit is referred to or to which this Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document or instrument.
[Name of financial institution]
By: _____________________________
Name: ___________________________
Title: ____________________________
Telephone: __________________________

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ATTACHMENT A

CERTIFICATE FOR DRAWING
[CDFW Letterhead]
[Date]
[Name and address of financial institution]
Re: Irrevocable Standby Letter of Credit No. [number issued by financial institution] The undersigned, a duly Authorized Representative of the California Department of Fish and Wildlife (“CDFW”), as defined in paragraph 12 of the above-referenced standby letter of credit (“Credit”), hereby certifies to the Issuer that:

1. [Insert one of the following statements: “In the opinion of CDFW, the Applicant has failed to complete the Mitigation Requirements referenced in paragraph 3 of the Credit.” or “As set forth in paragraph 13, the Issuer has informed CDFW that the Credit will not be extended and the Applicant has not provided CDFW with an equivalent security approved by CDFW to replace the Credit.”]

2. The undersigned is authorized under the terms of the Credit to present this Certificate as the sole means of demanding payment on the Credit.

3. CDFW is therefore making a drawing under the Credit in amount of U.S. $_____________.

4. The amount demanded does not exceed the Principal Sum of the Credit.

Therefore, CDFW has executed and delivered this Certificate as of this ___day of [month], [year].

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
___________________________________________
[Insert one of the following: “Director” or “General Counsel” or “Regional Manager, [Name of Regional Office]” or “Chief, Habitat Conservation Planning Branch”]

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ATTACHMENT B

CERTIFICATE FOR CANCELLATION
[CDFW Letterhead]
[Date]
[Name and address of financial institution]
Re: Irrevocable Standby Letter of Credit No. [number issued by financial institution] The undersigned, a duly Authorized Representative of the California Department of Fish and Wildlife (“CDFW”), as defined in the paragraph 12 in the above-referenced Irrevocable Standby Letter of Credit (“Credit”), hereby certifies to the Issuer that:

1. [Insert one of the following statements: “The Applicant has presented documentary evidence of full compliance with the Mitigation Requirements referenced in paragraph 3 of the Credit.” or “The Applicant has provided CDFW with an equivalent security approved by CDFW to replace the Credit.”]

2. CDFW therefore requests the cancellation of the Credit.

Therefore, CDFW has executed and delivered this Certificate for Cancellation as of this ____ day of [month], [year].

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
___________________________________________
[Insert one of the following: “Director” or “General Counsel” or “Regional Manager, [Name of Regional Office]” or “Chief, Habitat Conservation Planning Branch”]

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Exhibit 4

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

MITIGATION MONITORING AND REPORTING PLAN (MMRP)

LAKE OR STREAMBED ALTERATION AGREEMENT
LAKE OR STREAMBED ALTERATION AGREEMENT NO. 1600-2020-0056-R6 PERMITTEE: City of Indio
PROJECT: Avenue 44 Low-Flow Crossing Replacement Project

PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure that the impact mitigation measures required by the Department of Fish and Wildlife (CDFW) for the above-referenced Lake or Streambed Alteration Agreement No. 1600-2020-0056-R6 (Agreement) are properly implemented, and thereby to ensure compliance with, section 15097 of the California Code of Regulations and section 21081.6 of the Public Resources Code. A table summarizing the mitigation measures required by Fish and Game Code 1600 et seq. is attached. This table is a tool for use in monitoring and reporting on implementation of mitigation measures, but the descriptions in the table do not supersede the mitigation measures set forth in the Agreement, and the omission of a permit requirement from the attached table does not relieve the Permittee of the obligation to ensure the requirement is performed.

OBLIGATIONS OF PERMITTEE
Permittee has the primary responsibility for monitoring compliance with all mitigation measures and for reporting to CDFW on the progress in implementing those measures. These monitoring and reporting requirements are set forth in the Agreement itself and are summarized at the front of the attached table.

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VERIFICATION OF COMPLIANCE, EFFECTIVENESS
CDFW may, at its sole discretion, verify compliance with any mitigation measure or independently assess the effectiveness of any mitigation measure.

TABLE OF MITIGATION MEASURES
Table 1. The following items are identified for each Mitigation Measure: Mitigation Measure number (#), Mitigation Measure, Implementation Schedule, Responsible Party, and the Mitigation Measure Status, Date Submitted to CDFW, and Date Reviewed or Approved by CDFW. The # column indicates the mitigation measure number in the Agreement. The Mitigation Measure column summarizes the mitigation, monitoring, and reporting requirements contained in the Agreement. The Timeline column shows the date or phase when each mitigation measure will be implemented. The Responsible Party column identifies the entity that is primarily responsible for implementing the mitigation measure. The Status/Date/Initials column shall be completed by the Permittee during preparation of each Status Report and the Final Mitigation Report. The Permittee must identify the implementation status of each mitigation measure, the date that status was determined, and the initials of the person determining that status. # Mitigation Measures Implementation Schedule
Responsible
Party Status/Date/Initials
Pre-project Activities

2.1 Designated Biologist(s) and Biological
Monitor(s) (approval) Prior to start of Project activities Permittee

2.3.1 Burrowing Owl Habitat Assessment Prior to initiation of Project activities Permittee

2.3.2 Burrowing Owl Surveys
Within 60 days and at least 30
days prior to initiation of Project
activities
Permittee

2.3.3 Burrowing Owl Inspection At least three days prior to any site preparation activities Permittee

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Schedule
Responsible
Party Status/Date/Initials

2.3.4 Burrowing Owl Survey Results
Within seven days of completion
and at least twenty-one days
prior to commencement of
Project activities
Permittee

2.3.6 Burrowing owl Mitigation and Monitoring Plan
(if burrowing owls are detected) Prior to relocation of owls Permittee

2.4.2 Nesting Bird Pre
-Construction Surveys No more than three days prior to
the initiation of Project activities Permittee

2.4.2 Nesting Bird Pre-Construction Survey
Results
At least one business day prior to
commencement of Project
activities
Permittee

3.1.1 Permanent Protection and funding for
perpetual management of Habitat
Management Lands
Prior to initiation of Project
activities, or within 18 months of
starting Project activities in
Security is provided
Permittee

3.1.1.1 Habitat Acquisition and Protection (approval)
No later than five months prior to
the start of Project activities OR
four months following start of
Project activities if Security is
provided
Permittee

3.1.1.2 Mitigation Site Conservation Easement
(Approval)
After CDFW approval of the
Mitigation Site and no later than
four months prior to the start of
the Project activities OR six
months following start of Project
activities if Security is provided
Permittee

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Schedule
Responsible
Party Status/Date/Initials

3.1.1.2 Recordation of Conservation Easement
Prior to start of Project activities
OR within 18 months following
start of Project activities if
Security is provided
Permittee

3.1.1.3 Mitigation Site Land Manager (approval)
After CDFW approval of the
Mitigation Site and no later than
four months prior to the start of
Project activities OR six months
following start of Project activities
if Security is provided
Permittee

3.1.1.5 Mitigation Site Long Term Management Plan
(approval)
After CDFW approval of the
Mitigation Site and no later than
three months prior to the start of
Project activities OR seven
months following start of Project
activities if Security is provided
Permittee

3.1.1.8 Long-Term Management Endowment PAR
(approval)
No later than three months prior
to the start of Project activities
OR seven months following start
of Project activities if Security is
provided
Permittee

3.1.1.11 Transfer of Long
-Term Endowment Funds
Prior to the start of Project
activities OR within 18 months
following start of Project activities
if Security is provided
Permittee

3.1.2 Letter of Credit (approval and execution) Prior to initiation of Project activities Permittee

3.1.2.1 Draft Copy of Letter of Credit (approval) Prior to execution of security Permittee

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Schedule
Responsible
Party Status/Date/Initials

3.1.2.29 Replacement of Expiring Letter of Credit At least sixty days prior to the expiration date Permittee

3.2.12 Transfer Long-term Endowment Funds
(approval)
Prior to the start of Project
activities OR within 18 months
following start of Project activities
if Security is provided.

Permittee

3.2, 4.1
Habitat Mitigation and Monitoring Plan
(approval)
No later than 90 days after
signature to this Agreement and
prior to initiation of Project
activities
Permittee

3.3 Bat Roosting Habitat Report
A minimum of 30 days prior to
commencement of Project
activities
Permittee

4.4 Notification to CNDDB Within 5 working days of the
sightings. Permittee

4.5 Notification of Start/End of Construction
At least five days prior to initiation
of, and at least five days prior to
completion of Project activities
During Project Operations
Post-project Activities

4.2 Photo Monitoring and Reporting
Performed annual and included in
annual reporting for five years
post-Project completion
Permittee

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Schedule
Responsible
Party Status/Date/Initials

4.3 Project Completion Report No later than 90 days after Project completion Permittee

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AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee’s behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein.

AUTHORIZATION
This Agreement authorizes only the Project described herein. If Permittee begins or completes a Project different from the Project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602.

CONCURRENCE
The undersigned accepts and agrees to comply with all provisions contained herein.

FOR CITY OF INDIO
Eric Weck Date
Principal Civil Engineer

FOR DEPARTMENT OF FISH AND WILDLIFE
Scott Wilson Date
Environmental Program Manager
Prepared by: Jacob Skaggs
Environmental Scientist

Commented [CDFW163]: Didn't change this section since the agreement isn't being re-signed.

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City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Marina Landscape, Inc., in an amount not-toexceed $1,265,750 for the Jefferson Street Overpass Median Improvements Project (Project No. ST2308)
RECOMMENDATION:

Approve the project plans and specifications for the Jefferson Street Overpass Median Improvements Project (Project No. ST2308); and award a construction contract to Marina Landscape, Inc., in an amount not-to-exceed $1,265,750.

SUMMARY:

On November 16, 2023, staff received five (5) construction bids for the Jefferson Street Overpass Median Improvements, City Project No. ST2308. After thorough bid analysis and due diligence, staff determined that Marina Landscape, Inc. is the lowest bidder per the bid opening.

BACKGROUND INFORMATION:

The project consists of the removal of an existing dirt median and replacement with plants, palm trees, public art sculptures, river rock and ground cover. Project also includes installation of tree up lighting, electrical lines, electrical pullboxes and in-ground lighting, electric meter connections, boring, patchwork, irrigation system, water lines and water meter connections.

The project was advertised on October 19, 2023. The City received and opened bids on November 16, 2023. A total of five (5) sealed bids were received. A summary of the bids received is provided below.

Proposer Name Location Total Bid
Marina Landscape, Inc. Orange, CA $1,265,750
Superb Engineering, Inc. Banning, CA $1,356,126.56
Urban Habitat La Quinta, CA $1,411,747
Conserve LandCare Thousand Palms, CA $1,993,000
Everlevel Holdings, LLC Chino Hills, CA $2,067,250
Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Marina Landscape, Inc.

The company is appropriately licensed and qualified to perform the work within the project AGENDA ITEM #13.12
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On November 20, 2023, Superb Engineering, Inc., (“Superb”) the second lowest bidder, submitted a timely bid protest, a copy of which is provided as Attachment 2. The basis of their protest was that they felt that Marina Landscape, Inc. (“Marina”) did not list an electrical subcontractor to do work on this project. The Public Contract Code requires during bidding for the prime contractor to list all subcontractors who will perform work in an amount in excess of one-half of one percent (0.5%) of the prime contractor's total bid. In this case that equates to $6,328.75.

On November 21, 2023, Marina submitted a response to Superb’s bid protest letter, which is provided as Attachment 3. Because in their response, Marina made reference to Superb’s bid, we gave Superb a chance to respond to any allegations made. On November 28, 2023, Superb submitted their response, which is provided as Attachment 4.

The City Engineer and Director of Public Works has reviewed the bid documents, bid protest letter and subsequent responses for the project. Marina also provided a reasonable explanation of what parts of the electrical work was going to be done by a subcontractor. Based on the information provided, it was determined that Marina has submitted a responsive bid.

Therefore, the City Engineer recommends that the City Council reject the bid protest by Superb Engineering, Inc., approve the project bid documents, which are on file in the Department of Public Works, and award the contract to Marina Landscape, Inc. Construction is scheduled to take place from January to July 2024.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$1,265,750 In current year budget: Yes
Current FY General
Fund Impact:
$1,265,750 Budget adjustment: Yes
Next FY Financial
Impact:
$0 Strategic Objective:

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

The FY 23/24 Capital Improvements Program budget included $750,000 for this project. Staff recommends the remaining balance, in the amount of $515,750 come from the budget for ST2305 - Miscellaneous Landscape Improvements.

Allocate budgeted funds from (ST2305) Miscellaneous Landscape Improvements in the amount of $515,750 to the Jefferson Street Overpass Median Improvements Project (Project No. ST2308).

ATTACHMENTS:

Attachment 1 - City Contract w/ Marina Landscape Inc.

Attachment 2 - Superb Engineering Bid Protest Letter
Attachment 3 - Marina Landscape Inc. Bid Protest Response Letter Attachment 4 - Superb Engineering Response to Marina Landscape Inc. Response

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APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 29 Nov 2023 Jillian Martins, Assistant City Attorney Approved - 29 Nov 2023 Glendale Berdan, Accountant Approved - 29 Nov 2023
Bryan H. Montgomery, City Manager Approved - 30 Nov 2023

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CONTRACT WITH MARINA
LANDSCAPE, INC.

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City Project ST2308 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR

JEFFERSON OVERPASS MEDIAN IMPROVEMENTS
PROJECT NO. ST2308
THIS CONTRACT (“Contract”) is made and entered this 6th day of December, 2023 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Marina Landscape, Inc., a California corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 492862; Class A, B, C-27, C-29, C-36, C-61, Contractor’s DIR registration number is 100000079.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Jefferson Overpass Median Improvements, as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of one-million, two-hundred sixty-five thousand, sevenhundred fifty dollars ($1,265,750) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

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City Project ST2308 City of Indio Public Works
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO
By:

Oscar Ortiz, Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

Cynthia Hernandez, CMC, City Clerk Steven Graham, City Attorney

Marina Landscape, Inc.

Dated:
(“CONTRACTOR”)
By:

By:

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City Project ST2308 City of Indio Public Works
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ____________________________________________________________________________ Dollars ($___________) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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City Project ST2308 City of Indio Public Works
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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City Project ST2308 City of Indio Public Works
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Indio (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California

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City Project ST2308 City of Indio Public Works
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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City Project ST2308 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Indio (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Indio
City Hall
100 Civic Center Mall
Indio, California 92201
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By: Its Authorized Representative

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City Project ST2308 City of Indio Public Works

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Indio (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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City Project ST2308 City of Indio Public Works

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Indio
100 Civic Center Mall
Indio, California 92201

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted

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SUPERB ENGINEERING, INC.

BID PROTEST LETTER

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 381 of 3061 P.O. Box 3036 - Beaumont, CA 92223 – 909-262-4626
Lic. No. 1074243
November 20, 2023

VIA E-MAIL
Vianka Orrana
Administrave Coordinator
City of Indio
100 Civic Center Mall
Indio, CA 92201
VOrran[email protected]
RE: SUPERB ENGINEERING’S PROTEST OF MARINA LANDSCAPE INC.

JEFFERSON OVERPASS MEDIAN IMPROVEMENTS – ST2308
Dear Ms. Orrana,
This le*er serves as Superb Engineering's formal protest against the first responsive lowest bidder, Marina Landscape, Inc. Marina Landscape, Inc.’s bid on the Project is non-responsive and must be rejected, as addressed in detail below. Superb Engineering requests that the city reject Marina Landscape Inc.’s bid and award the Project to Superb Engineering as the lowest responsive and responsible bidder.

I. SUPERB ENGINEERING’S BID PROTEST IS TIMELY
Superb Engineering mely submi*ed this bid protest a7er receiving copies of Marina Landscape Inc.'s bid.

Here, the bids were opened on Thursday, November 16th. The very next day, Superb Engineering requested copies of the first responsive bid to review.

I received the complete package of Marina Landscape Inc.'s bid last Friday, November 17th. A true and correct copy of the e-mail exchange between Superb Engineering and the City is a*ached as Exhibit A.

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Lic. No. 1074243
II. MARINA LANDSCAPE INC. BID IS NON-RESPONSIVE
Marina Landscape, Inc.'s bid is nonresponsive due to the failure to list the electrical subcontractor on page B-16 under the designaon of subcontractors. A true and correct copy of Marina Landscape, Inc.’s bid is a*ached as Exhibit B.

As part of a responsive bid, bidders on public construcon contracts must list subcontractors who will provide work above a certain threshold amount. In this case, the Public Contract Code requires any bid for the construcon of any public work or improvement to list, in the bid or offer to perform the work, “[t]he name, the locaon of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construcon of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construcon of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.” (§ 4104, subd. (a)(1).) Subdivision (b) of secon 4104 specifies that “[t]he prime contractor shall list only one subcontractor for each poron as is defined by the prime contractor in his or her bid." Exhibit C.

Addionally, Marina Landscape, Inc. failed to adhere to this requirement, which is a crucial aspect of a responsive bid. The failure to list the electrical subcontractor constutes a deviaon from the requirements outlined in the Invitaon for Bid. This not only raises concerns about Marina Landscape, Inc.'s commitment to meeng the project's specificaons but also provides the bidder with an unfair and compeve advantage over other responsive bidders who diligently followed the spulated guidelines.

Moreover, it is essenal to note that Marina Landscape, Inc. cannot perform the electrical work themselves, as indicated by the California Contractor's License Board. Only a C-10 license is allowed to carry out electrical work. Exhibit D, which displays Marina Landscape, Inc.'s licenses, does not include a C-10 license. This further emphasizes the noncompliance of Marina Landscape, Inc. with the specific requirements for the Jefferson Overpass Median I Project.

Considering the above, we respecKully request that the City of Indio take the necessary steps to reject the bid submi*ed by Marina Landscape, Inc. for the Jefferson Overpass Median I Project. This acon is consistent with the terms and condions outlined in the bid documents and is essenal to maintain the integrity and fairness of the bidding process.

III. CONCLUSION
In conclusion, Marina Landscape, Inc.'s bid for the Jefferson Overpass Median I Project is unequivocally deemed nonresponsive, primarily due to the failure to include the required lisng of the electrical subcontractor as mandated by the Public Contract Code.

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Lic. No. 1074243
Consequently, we strongly advise the City of Indio to maintain the integrity of the bidding process by rejecng Marina Landscape, Inc.'s nonresponsive bid. It is necessary to ensure that all forthcoming bids align with the established criteria, fostering a compeve and transparent environment. By taking this course of acon, the City can proceed with confidence in selecng a contractor who not only meets the project's specificaons but also adheres to the highest safety and compliance standards set forth by the relevant licensing authories.

This approach will safeguard the City's interests, promote fair compeon, and ensure the successful execuon of the Jefferson Overpass Median I Project.

Superb Engineering values the me devoted by the City to address this issue.

Sincerely,
Estela Candelario
President
Cc: Via email only
Hue Ta
Vice President of Esmang
Marina Landscape, Inc.
[email protected]

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Lic. No. 1074243

EXHIBIT A

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From: Vianka Orrantia <[email protected]>
Sent: Friday, November 17, 2023 3:28 PM
To: [email protected]
Cc: Daniel Candelario; Timothy T. Wassil; Juan Raya; Donn Uyeno; Joshua Nickerson Subject: RE: Jefferson Overpass Median Improvements
Attachments: Marina Landscape Inc..pdf
Good Aernoon:

Per your email request, aached is a copy of Marina Landscape’s bid for Project No. ST2308.

Kind Regards,
Vianka Orrantia
Administrative Coordinator
[email protected]
O: 760.391.4042
100 Civic Center Mall
Indio CA 92201

From: [email protected] <[email protected]> Sent: Friday, November 17, 2023 1:04 PM
To: Vianka Orrantia <[email protected]>
Cc: Daniel Candelario <[email protected]>
Subject: Jefferson Overpass Median Improvements
Importance: High
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Good aernoon,
We would like to request to view the bid documents for the lowest bidder on the Jefferson Overpass Median Improvements project (Marina Landscape).

Your help is greatly appreciated.

Thank you,
Estela Candelario
P.O. Box 3036
Beaumont, CA 92223

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 386 of 3061 1 [email protected]
From: Donn Uyeno <[email protected]>
Sent: Friday, November 17, 2023 3:34 PM
To: Vianka Orrantia; [email protected]
Cc: Daniel Candelario; Timothy T. Wassil; Juan Raya; Joshua Nickerson Subject: RE: Jefferson Overpass Median Improvements
Attachments: Marina Landscape, Inc. - Unit Prices 11-17-23.pdf Also here is the schedule of values that was required to be submied by the 2 apparent low bidders within 48 hours of the bid opening.

Thank you,
Donn Uyeno, PE
Principal Civil Engineer
[email protected]
O: 760.391.4028
100 Civic Center Mall
Indio CA 92201
From: Vianka Orrantia <[email protected]>
Sent: Friday, November 17, 2023 3:28 PM
To: [email protected]
Cc: Daniel Candelario <[email protected]>; Timothy T. Wassil <[email protected]>; Juan Raya <[email protected]>; Donn Uyeno <[email protected]>; Joshua Nickerson <[email protected]> Subject: RE: Jefferson Overpass Median Improvements
Good A;ernoon:

Per your email request, aached is a copy of Marina Landscape’s bid for Project No. ST2308.

Kind Regards,
Vianka Orrantia
Administrative Coordinator
[email protected]
O: 760.391.4042
100 Civic Center Mall
Indio CA 92201

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 387 of 3061 2 From: [email protected] <[email protected]> Sent: Friday, November 17, 2023 1:04 PM
To: Vianka Orrantia <[email protected]>
Cc: Daniel Candelario <[email protected]>
Subject: Jefferson Overpass Median Improvements
Importance: High
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Good a;ernoon,
We would like to request to view the bid documents for the lowest bidder on the Jefferson Overpass Median Improvements project (Marina Landscape).

Your help is greatly appreciated.

Thank you,
Estela Candelario
P.O. Box 3036
Beaumont, CA 92223
Ph: (909) 262-4626
SB Certified

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Lic. No. 1074243

EXHIBIT B

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Lic. No. 1074243

EXHIBIT C

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Lic. No. 1074243

EXHIBIT D

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 425 of 3061















 
 

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Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 428 of 3061 ATTACHMENT 3

MARINA LANDSCAPE

BID PROTEST RESPONSE LETTER

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 429 of 3061

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 430 of 3061

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 431 of 3061 ATTACHMENT 4
SUPERB ENGINEERING, INC. RESPONSE TO
MARINA LANDSCAPE INC.

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 432 of 3061 P.O. Box 3036 - Beaumont, CA 92223 – 909-262-4626
Lic. No. 1074243
November 28, 2023

VIA E-MAIL
Donn Uyeno
Principal Civil Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
[email protected]
RE: SUPERB ENGINEERING’S RESPONSE OF MARINA LANDSCAPE INC. LETTER - JEFFERSON OVERPASS MEDIAN IMPROVEMENTS – ST2308
Dear Mr. Uyeno,
This le+er serves as Superb Engineering's formal response to Marina Landscape, Inc.’s le+er received on November 11th, 2023. We appreciate the City's dedica1on to ensuring a fair and transparent bidding process and would like to address the concerns raised by Marina Landscape, Inc.

Regarding the electrical por1on of the project, while acknowledging that the bid documents did not explicitly require a C-10 license, we believe that Marina Landscape, Inc.'s bid amount for this sec1on appears dispropor1onately higher than the 0.5% (or $10,000.00, whichever is greater). To ensure compliance with the law, we recommend that the City request detailed backup from Marina Landscape, Inc. to confirm that the subcontract amount for the electrical por1on falls below the 0.5% (or $10,000.00, whichever is greater) threshold of the total contract amount.

Addi1onally, even though the bidding documents do not specify the requirement for a C-10 license, it is impera1ve to note that compliance with relevant laws is fundamental.

We understand that Marina is asser1ng that we do not know which amount is subcontractor or material procurement, which is indeed correct. However, it is unusual to observe such a high amount listed without the inclusion of a subcontractor. We believe that transparency in this ma+er is crucial, and verifying the compliance of the bid with the legal threshold will uphold the integrity of the bidding process.

Contrary to Marina Landscape, Inc.'s asser1ons, our bid includes a qualified subcontractor for the traffic control por1on, supported by the necessary C-31 license. The subcontract amount is below the 0.5% threshold, and we are prepared to provide comprehensive documenta1on to substan1ate our compliance.

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 433 of 3061 P.O. Box 3036 - Beaumont, CA 92223 – 909-262-4626
Lic. No. 1074243
Addressing concerns about site safety and landscape work, we would like to clarify that our A license is appropriate for a wide range of work, including landscaping. We are confident in our ability to deliver on the landscape scope of the project within the bounds of our licensing.

We would also like to emphasize Superb Engineering Inc.'s extensive work experience, as evidenced by the submi+ed resume and references. We remain commi+ed to upholding all legal and contractual requirements and are prepared to cooperate fully with any addi1onal requests for informa1on.

We appreciate the City's a+en1on to this ma+er and look forward to a fair resolu1on. Please do not hesitate to contact me if you require further clarifica1on or addi1onal informa1on. We value the City's commitment and remain at your disposal.

Thank you for your 1me and considera1on.

Estela Candelario
President

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 434 of 3061 ATTACHMENT 5

PROJECT LOCATION MAP

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 435 of 3061

Construction contract with Marina Landscape, Inc., in an amount not-to-e... Page 436 of 3061 City of Indio
City Council
December 6, 2023

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Second Reading of Ordinance No 1795 amending Section 156.134 (Fees in Lieu of Dedication) of Indio Municipal Code
RECOMMENDATION:

Approve Second Reading of Ordinance No. 1795, amending Section 156.134 (Fees in Lieu of Dedication) of Indio Municipal Code
SUMMARY:

Amendment to Section 156.134 (Fees in Lieu of Dedication) of Indio Municipal Code authorizing the establishment of Quimby Act Parkland Acquisition In Lieu of Fees 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 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 AGENDA ITEM #13.13
Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 437 of 3061 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 adoption of a resolution establishing standardized Quimby Act parkland acquisition in lieu of fees concurrently with this amendment to Section 156.134 (Fees In Lieu of Dedication).

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 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.

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 amendment to Section 156.134 (Fees In Lieu of Dedication) is in the public safety, health and welfare in so far as said amendment will support concurrent City Council efforts via adoption of a resolution established a standardized fee schedule to reduce current inconsistent and uncertain procedural applications in the calculation of Quimby Act parkland acquisition in lieu of fees and provide a more efficient and reliable method of calculation.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1795_Revised_Section156.134IMC Attachment 2 - City of Indio Final Development Impact Fee Study

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 438 of 3061 1 ORDINANCE NO. 1795

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA AMENDING SECTION 156.134 (FEES IN LIEU OF DEDICATION) OF THE INDIO

MUNICIPAL CODE 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 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,

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 439 of 3061 2 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 6062a 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 adoption of a resolution establishing standardized Quimby Act parkland acquisition in lieu of fees concurrently with this amendment to Section 156.134 (Fees In Lieu of Dedication); 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 amendment to Section 156.134 (Fees In Lieu of Dedication) and the adoption of standardized Quimby Act parkland acquisition in lieu of fees; and,
WHEREAS, the amendment to Section 156.134 (Fees In Lieu of Dedication) is in the public safety, health and welfare in so far as said amendment will support concurrent City Council efforts via adoption of a resolution established a standardized fee schedule to reduce current inconsistent and uncertain procedural applications in the calculation of Quimby Act parkland acquisition in lieu of fees and provide a more efficient and reliable method of calculation; and,

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 440 of 3061 3 WHEREAS, on November 15, 2023, the City Council held a duly noticed public hearing to consider the amendment to Section 156.134 (Fees In Lieu of Dedication).

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 Ordinance are true and correct, are incorporated into this Ordinance by reference and constitute a material part of this Ordinance.

Section 2. The City Council hereby modifies Section 156.134 (Fees In Lieu of Dedication) as follows:
(A) Pursuant to § 156.135, the subdivider/ developer may pay to the city a fee in lieu of making such dedication.
(B) The fee shall be computed by multiplying the area of park to be dedicated, pursuant to § 156.133(D), by the fair market value of the land being developed, at the time of building permit issuance, plus the subdivisions / development's fair share contribution, as may be reasonably determined by the city, to cover the cost of park improvements set by resolution of the City Council.
(C) The subdivider/developer shall have the option to submit a fair market appraisal report prepared bv a licensed real estate appraiser in the State of California to establish a project specific Quimby in-lieu of fee. This report shall be prepared in conformance with Chapter 156 (Park and Recreation Land Dedication and Fees) of the Indio Municipal Code. The Director of Community Development shall have the authority to review and accept or reject the fee specified in the report, provided, that if there is ten (10) percent or less difference in the fee specified in the appraisal report and the adopted fee, the Director shall accept the appraisal report fee.

Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

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

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 441 of 3061 4 Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED this 6th day of December 2023.

OSCAR ORTIZ
MAYOR
ATTEST:

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR
APPROVED AS TO FORM:

STEVEN P. GRAHAM

CITY ATTORNEY

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 442 of 3061 Final Report
Development Impact Fee Study
October 15, 2021
nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
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Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 443 of 3061 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

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 444 of 3061 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

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 445 of 3061 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

Second Reading of Ordinance No. 1795 amending Section 156.134 (Fees in L... Page 446 of 3061 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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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 11 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 just 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 of future development.

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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 additional 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 Improvements. 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 based on the City’s existing ratio of park acres to population and the estimated cost per acre for park land.

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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 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 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 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.

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 improvements 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 percentage 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 are per- 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 singlefamily dwelling unit (SFDU) to get the cost per unit 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 singlefamily unit is a ¾” meter, the impact fee for a ¾” meter is equated to the cost per SFDU. Impact fees for larger 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 1Imprvmts 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 buildings (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 1Imprvmts 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 1Imprvmts 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 1Imprvmts 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 methodology 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 such 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 exactions, 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 approval 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 (See Dolan v. City of Tigard, 1994).

Until recently, it was widely accepted 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 proportionality 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 projects 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 requirement 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. Proportionality 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 section 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 impact 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 improvements 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 should 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 report 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 nexus” 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) a benefit 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 public 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 “may include 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 inlieu 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 dwelling 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 that 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 of 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 establishing 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 exactions, 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 number 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 several 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 disadvantages 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 specified 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 is 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 capacity 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 of 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 schedule 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 population 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 study. 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, apartments 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 since 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 existing 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 each 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 Survey 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 development 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, office 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 formulas. 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 the demand variable used to calculate impact fees for a particular type of facility is added population, the demand factor for singlefamily 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 population 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 employed 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 conclusion 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 business 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. That 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 perUnit 2 Svc PopWeight 3 Svc Pop perUnit 4 Pk Hr Tripsper 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. ofUnits 2 Population 3 Employees 4 ServicePop 5 Peak HourTrips 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
PopulationEmployeesService
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. ofUnits 2 Population 3 Employees 4 ServicePop 5 Peak HourTrips 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 feesfor 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.