Agenda — Indio City Council, May 1, 2024 (part 2 of 2)

Approval of Amendment No.1 to the Downtown Building Beautification Progr... Page 117 of 230 ownership, the signature of each titleholder is required on all appropriate documents. The City will verify property ownership and require all persons currently on the title to give written consent to all work proposed to be performed on the property before initiating such work;
•Only businesses within Downtown Indio Area (see Attachment A “Map”) are eligible to participate;
•The business must have an active business license with the City of Indio; •All building improvements supported by the Program funds must be for improvements to the building that are visible to the public or enhance the use of the building;
•The property owner agrees to be responsible for ongoing maintenance for five (5) years following the completion of the program-funded improvements, including any landscaping;
•The business must be open to the public, free of building code violations and/or tax liens for five years moving forward upon participation approval; and
•Exterior improvements must follow City-approved design standards for any exterior modifications.

IMPLEMENTATION WORK
All improvements shall conform to the City of Indio’s Building Codes, Zoning Ordinance, and applicable Design Guidelines. Project improvements commenced before the City’s issuance of a Notice to Proceed are not eligible for this Program. City staff will be available to work with approved applicants to assist in coordinating the project. City staff will carry out periodic inspections.

DETERMINATION OF ELIGIBILITY AND APPROVAL OF WORK

SCOPE PROCESS
Program eligibility will be determined based on the City review of a completed program application submitted by the property owner(s) or tenant. Applications will be available on the City’s website.

1. Application- If your business is in the eligible area, please complete all of the application’s components and submit it to Economic Development Department, 100 Civic Center Mall, Indio, CA 92201, or via email at [email protected].

2. Verification and Eligibility Determination-
a. Applicant Eligibility
•Property Owners and tenants of commercial buildings
•All tenants must provide the City written consent from the property owner where the proposed improvements occur.

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Approval of Amendment No.1 to the Downtown Building Beautification Progr... Page 118 of 230 •Tenants must provide written evidence that they have a minimum of two (2) years lease term remaining after the projected completion of improvements
•Applicants must have a current Business License to conduct business at the address where improvements are to occur and must not be delinquent or past due on any City of Indio fees for the grant term.

Once an applicant has been determined to meet eligibility requirements, an initial inspection of the property will be made by the Building Department to determine if any code violations exist. These code violations must be remedied BEFORE an applicant is eligible to participate in the program.
b. Property Eligibility
•The property must have an address within Downtown Indio Specific Plan (see Attachment A).
•The City has a preference for businesses such as casual dining restaurants and retail, but all applications will be processed in the order received.
c. Exclusions
•Applicants who have completed eligible improvements before the program commencement date do not qualify for assistance •Applicants who have received assistance from the City of Indio for the business at the business address are not eligible for assistance. •Structural improvements not related to exterior improvements, including seismic upgrades.

All property improvements made under this program must be consistent with the City’s Downtown Indio Specific Plan and Indio General Plan 2040. As with any other project, the property improvements under this program must also adhere to all applicable building codes, sign ordinances, and development/design standards for the City of Indio. Any code violations must be corrected before funding is released. Should any code violations occur related to any improvements made using funding from this Program and remain uncured for a period of time as outlined in a code enforcement citation, the participant may be required to reimburse the City for any unamortized funding over 5 years from the date funding is released.

3. Selection of Contractor- The business owner or tenant is responsible for selecting a contractor to perform improvements. The City is not responsible for selecting the contractor. All contractors must obtain necessary Federal, State, and Local Licenses to perform work and are subject to prevailing wage laws.

Under certain circumstances, the City may agree to select and enter into an agreement with a contractor or complete improvements with “in-house” staff.

4. Approval and Notifications- City will send a written approval or denial notification.

5. Secure Planning and Building Permits- All necessary planning, building, encroachment permits, and other permits must be secured by the City’s Planning and Building Department before construction is initiated.

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6. Contract Agreement- City staff will select and execute necessary agreements with business owner(s) and/or tenant for the grant.

7. Progress Payments- The City will process progress payments when requested by the business owner(s) and/or property owner. Payments will be made by check after submission of an invoice to the City, lien releases, and satisfactory completion of improvements. It is important to note that any necessary permits and final inspections must be completed before requesting the final payment.
(END OF GUIDELINES)

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Approval of Amendment No.1 to the Downtown Building Beautification Progr... Page 120 of 230 Attachment A
(Downtown Indio Boundary Map)

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Approval of Amendment No.1 to the Downtown Building Beautification Progr... Page 121 of 230 Attachment B
Examples of Projects from other Cities
City: Salt Lake City
Population: 200,000
Grant Amount: $30,000
City: Auburn, Washington
Population: 80,900
Grant Amount: $30,000

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Approval of Amendment No.1 to the Downtown Building Beautification Progr... Page 122 of 230 City: Mesquite, TX
Population: 140,000
Grant Amount: $20,000
City: City of Columbia
Population: 134,000
Grant Amount: $15,000 (Exterior) and $10,000 Interior.
**Must apply for exterior in order to apply for interior grant.

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Approval of Amendment No.1 to the Downtown Building Beautification Progr... Page 123 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Purchase of a 2HX620 6X4 International Dump Truck, in an amount not-to- exceed $228,586.31, and authorize the upfitting of the International Dump Truck

RECOMMENDATION:

Authorize the purchase of a 2HX620 6X4 International Dump Truck, in an amount not-to-exceed $228,586.31, and authorize the upfitting of the International Dump Truck by Westrux International for a cost not-to-exceed $18,531.25.

SUMMARY:

Currently, the Indio Water Authority identified one (1) dump truck that has met the City’s criteria for replacement. As this vehicle has continued to age and deteriorate, it has also become less dependable. This dump truck has exceeded established guidelines for replacement and, as repair and maintenance costs have accelerated on this dump truck, it is more cost-effective for IWA to replace the dump truck. At this time, we would like to replace the dump truck.

BACKGROUND INFORMATION:

The Indio Water Authority (IWA) operates a fleet of vehicles essential for the maintenance and operation of water infrastructure serving the residents of Indio. Among these vehicles is dump truck asset number 653, which has been in service for a considerable period. Originally acquired to facilitate various construction, maintenance, and transportation tasks, the dump truck has played a crucial role in supporting the day-to-day operations of the IWA.

Asset 653 has surpassed its expected service life and begun to exhibit signs of wear and mechanical deterioration. Despite diligent maintenance efforts, the vehicle's performance has declined, resulting in increased downtime, rising maintenance costs, and concerns regarding safety and reliability.

Staff prepared specifications for the dump truck and has sought bids from various vendors. One (1) bid was submitted as follows:

Bidder’s Name Business Location Initial Quote
Commerce Truck Norco, CA 228,586.31

AGENDA ITEM #9.7
Purchase of a 2HX620 6X4 International Dump Truck, in an amount not-to-e... Page 124 of 230 FINANCIAL SUMMARY:

Current FY Financial
Impact:
$214,117.56 In current year budget:

Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: IWA Vehicle Replacement Funds Fund-Org-Object Reference:
8106725 - 555003

Additional Financial Details:

The total cost for the purchase and upfitting of the dump truck, amounting to $247,117.56, will be covered by the IWA Vehicle Replacement Fund (Account 8106725-555003).

ATTACHMENTS:

Attachment 1
Attachment 2

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 24 Apr 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 24 Apr 2024 Ruby D. Walla, Director of Finance Approved - 24 Apr 2024 Bryan H. Montgomery, City Manager Approved - 25 Apr 2024

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Purchase of a 2HX620 6X4 International Dump Truck, in an amount not-to-e... Page 125 of 230 ATTACHMENT 1
QUOTE

COMMERCE TRUCK EQUIPMENT
SALES

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QUOTE

WESTRUX INTERNATIONAL

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Purchase of a 2HX620 6X4 International Dump Truck, in an amount not-to-e... Page 131 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Conflict: Yes
Member: Lupe Ramos Amith
Subject: Construction Contract with Granite Construction Company, in an amount not-to-exceed - Project Improvement Street for the $6,222,226 Jackson Phase 1, City Project No. TS1901, County of Riverside Project No. D0-0012

RECOMMENDATION:

Approve the project plans and specifications for the Jackson Street Improvement Project - Phase 1, City Project No. TS1901, County of Riverside Project No. D0-0012; and award a construction contract to Granite Construction Company, in an amount not-to-exceed $6,222,226 and approve a supplemental appropriation of $600,000 from Measure A.

SUMMARY:

On March 27, 2024, the City received bids from three (3) construction companies for the Jackson Street Improvement Project - Phase 1. After thorough evaluation and analysis of the bids, staff determined that Granite Construction Company submitted the lowest responsive bid.

BACKGROUND INFORMATION:

The project encompasses improvements along Jackson Street from 1,600 feet south of Avenue 52 to the intersection of Odlum Drive/Avenue 49, as well as segments of Avenue 50 and Avenue 52 adjacent to Jackson Street. The scope of work includes the widening and rehabilitation of streets to accommodate two northbound and two southbound lanes of traffic. This project will increase traffic flow, installing new street crossings equipped with underground drainage systems for efficient storm water management, and establishing conduits for IID, streetlights, and future traffic signals to support the area's infrastructure needs.

Additionally, the project includes constructing sidewalks, curb ramps, and driveways to improve pedestrian accessibility and safety, as well as replacing a CVWD irrigation pipeline. Furthermore, this phase of the project entails procuring equipment for three future traffic signals that have long lead times, so that they will be ready for installation with Phase 2 of this project.

The project plans have been split into two phases designed to address both the current phase that will create a second northbound lane for traffic on Jackson Street, and future enhancements that can only be installed once right-of-way acquisitions are complete. This contract focuses specifically on Phase 1, where the primary objective is to create two northbound and two southbound traffic lanes on Jackson Street, enhancing traffic flow and improving overall mobility in the area.

AGENDA ITEM #9.8
Construction Contract with Granite Construction Company, in an amount no... Page 132 of 230

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$6,222,226 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: Measure A, DIF-SD, DIF-TS,
CVAG, ARPA, County of
Riverside
Fund-Org-Object
Reference:
300-523006, 212-523006,
311-523006, 313-523006

Additional Financial Details:

The Fiscal Year 2023-24 Capital Improvement Program Budget has allocated $5,741,075 for this project. To address a budget shortfall, Staff proposes an additional appropriation of $600,000 from Local Measure A funds. Within this allocation, $118,849 will be designated as a construction contingency to cover unforeseen circumstances. Therefore, the revised project funding breakdown is as follows:

Local Measure A (in budget) $ 50,000
Additional Measure A (this item) $ 600,000
DIF Storm Drain $ 552,009
DIF Traffic Signals $ 50,000
County of Riverside Share $ 783,260
CVAG Reimbursements $4,305,806
Total: $6,341,075

This project includes a 75% reimbursement from CVAG and funds from the County of Riverside for the portion of the project being done in the County area.

ATTACHMENTS:

Attachment 1
Attachment 2

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 23 Apr 2024 Steven Graham, City Attorney Approved - 23 Apr 2024
Ruby D. Walla, Director of Finance Approved - 24 Apr 2024 Bryan H. Montgomery, City Manager Approved - 24 Apr 2024

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Construction Contract with Granite Construction Company, in an amount no... Page 133 of 230 ATTACHMENT 1
Project Location Map

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COUNCIL MEETING DATE
NWE
E N G I N E E R I N G S E R V I C E SLEGENDPROJECT LOCATIONCITY BOUNDARYMAY 1, 2024V I C I N I T Y M A P S

NOT TO SCALEJACKSON ST
AVENUE 52CITY OF INDIO
AVENUE 50AVENUE 49
AVENUE 51JACKSON ST

COUNTY OF RIVERSIDE

CITY OF INDIOCITY OF COACHELLA
AVENUE 48

COUNTYOFRIVERSIDECOUNTY OF RIVERSIDECITY OF INDIO

CITY OF INDIOCITY OF COACHELLA

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Construction Contract with Granite Construction Company, in an amount no... Page 135 of 230 ATTACHMENT 2
Contract
Granite Construction
Company

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Construction Contract with Granite Construction Company, in an amount no... Page 136 of 230

CONTRACT

CITY OF INDIO CONTRACT FOR
JACKSON STREET IMPROVEMENT PROJECT – PHASE 1
CITY PROJECT NO. TS1901, RIVERSIDE COUNTY IDENTIFICATION NO. D0-0012

THIS CONTRACT (“Contract”) is made and entered this May 1 , 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Granite Construction Company a California corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 89; Class A. Contractor’s DIR registration number is 1000000085.

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 post - Bid 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. S
cope of Services . Contractor shall perform the Work in a good and workmanlike manner for the project identified as Jackson Street Improvement Project – Phase 1 (“Project”), as described in this Contract and in the Contract Documents.

3. C ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of six-million, two-hundred twenty-two thousand, two-hundred twenty-six dollars ($6,222,226) in accordance with the prices as submitted in the Bid.

4. I ncorporation 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. A
ntitrust 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. P revailing Wages . City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. W orkers’ 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:
“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

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Construction Contract with Granite Construction Company, in an amount no... Page 137 of 230

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. A uthority . 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. E ntire 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. C
ounterparts . 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:

Lupe Ramos-Amith, Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

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

Dated: Granite Construction Company
(“CONTRACTOR”)

By:

Signature

By:

Printed name, title

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Construction Contract with Granite Construction Company, in an amount no... Page 138 of 230

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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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 h ereto 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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Construction Contract with Granite Construction Company, in an amount no... Page 140 of 230

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

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

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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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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Construction Contract with Granite Construction Company, in an amount no... Page 143 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. 38238) Enoc Cota and Maria Elena Cota, generally located north of Avenue 38 and west of Dune Palms Road, into CFD No. 2004-1 and setting the public hearing for June 5, 2024

RECOMMENDATION:

Adopt Resolution No. 10436 of Intention to annex property into City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax with Annexation Area No. 85 (Parcel Map No. 38238) Enoc Cota and Maria Elena Cota, generally located north of Avenue 38 and west of Dune Palms Road and set the public hearing for June 5, 2024.

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District (CFD) No. 2004-1 for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development within the City. The City Council also adopted a rate and method of apportionment to levy the special tax on all new residential development of four or more units. The tax is applicable upon the issuance of building permits on or after May 1, 2004.

BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “2”), Annexation Map No. 85. Upon the petition of property owners, the City will annex new subdivision developments into the CFD. The owner of the property within the boundaries of Annexation Map No. 85, Enoc Cota, and Maria Elena Cota, have filed a petition with the City Clerk requesting the City to include such property in the CFD.

The subject Resolution of Intention establishes the setting of a noticed public hearing for June 5, 2024. On June 5, 2024, any interested individuals may testify for or against the annexation of the subject area into the CFD.

The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire, and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.

AGENDA ITEM #9.9
Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. ... Page 144 of 230

Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district.

Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

Section 53326(b) provides that there are less than 12 registered voters currently with the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:

N/A Strategic Objective:

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

N/A

Additional Financial Details:

The cost for the annexation is approximately $3,000 in consulting fees and $7,408 for Administrative Costs. Enoc Cota and Maria Elena Cota, have paid $10,408 to cover these costs. There will be no impact to the General Fund.

There are 4 units contained within this annexation. The Fiscal Year 2023/24 rate is $524.45 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year.

ATTACHMENTS:

Attachment 1
Attachment 2
Attachment 3

APPROVAL(S):

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Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. ... Page 145 of 230 103230751.3

ATTACHMENT 1
RESOLUTION NO. 10436 OF INTENTION
FOR ANNEXATION NO. 85

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Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. ... Page 146 of 230 103230751.3
RESOLUTION NO. 10436

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF INDIO TO ANNEX PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 200 4-1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 8 5 (PARCEL MAP
NO. 38238)
WHEREAS, the City Council (the “Council”) of the City of Indio (the “City”) has established City of Indio Community Facilities District No. 200 4-1 (Law Enforcement, Fire and Paramedic Services) (the “ CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the “Act”); and
WHEREAS, the territory included in the existing CFD consisted originally of certain territory located in the northern part of the City and presently includes additional annexed territory located in the northern and other portions of the City, which in accordance with Section 53339 of the Act may or may not be contiguous to the original CFD territory and which consist of previously undeveloped parcels within the City that required a discretionary approval for development and which have been developed or are being developed for private residential purposes, and such other parcels and may have been added upon the petition of the property owners thereof; and WHEREAS, the CFD will finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already available within the territory included in the CFD subject to the levy of a special tax to pay for such services, approved at an election held within the boundaries of the CFD; and
WHEREAS, the Council has provided for the annexation in the future of territory (the “Future Annexation Area”) to the CFD pursuant to the terms and provisions of the Act; and
WHEREAS, the Council has determined pursuant to Section 53339.2 of the Act that public convenience and necessity require that territory be added to the CFD;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, DOES RESOLVE, DECLARE , DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Council hereby determines to institute proceedings for the annexation of certain territory into the proposed CFD under the terms of the Act. The exterior boundaries of the area to be annexed (“ Annexation Area No. 85”) are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Annexation Map No. 85 Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) ” which map indicates by a boundary

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Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. ... Page 147 of 230 103230751.3 2
line the extent of the territory included in Annexation Area No. 85 and shall govern for all details as to the extent of Annexation Area No. 85. On the original and one copy of the map of such Annexation Area No. 85 on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.

Section 2. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 85, prior to the annexation of Annexation Area No. 85 into the CFD and do not supplant services already available within the territory proposed to be annexed into the CFD, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed Annexation Area No. 85. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein. The annexation of Annexation Area No. 85 will not result in any change to the special tax rates levied in the CFD prior to such annexation.

The Special Tax is apportioned to each parcel on the foregoing basis pursuan t to Section 53325.3 of the Act.

The maximum Special Tax applicable to a parcel to be used for private residential purposes, as set forth in Exhibit A, is specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to tax because of its use for private residential purposes, and such amount shall not be increased over time by an amount in excess of 2 percent per year. Under no circumstances will the Special Tax to be levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the proposed Annexation Area No. 85. As specified by the Act, for purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued.

Section 3. A public hearing (the “Hearing”) on the annexation of Annexation Area No. 8 5 and the proposed rate and method of apportionment of the Special Tax shall be held on June 5, 2024, at 5:00 o’clock p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Indio, 150 Civic Center Mall, Indio , California 92202.

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Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. ... Page 148 of 230 103230751.3 3
Section 4. At the time and place set forth above for the hearing, any interested person for or against the annexation of Annexation Area No. 8 5 to the CFD or the levying of special taxes within the proposed Annexation Area No. 85 will be heard.

Section 5. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred by the City in annexing the proposed Annexation Area No. 85. The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of Annexation Area No. 85.

Section 6. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Annexation Area No. 85. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Annexation Area No. 85, as provided in Section 53339.5 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing.

Section 7. The voting procedure with respect to the annexation of the Annexation Area No. 85, and the imposition of the special tax shall be by hand delivered or mailed ballot election.

PASSED, APPROVED and ADOPTED this 1st day of May, 2024.

LUPE RAMOS AMITH, MAYOR

ATTEST:

CYNTHIA HERNANDEZ

CITY CLERK, CMC

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APPROVED TO FORM:

STEVEN GRAHAM

CITY ATTORNEY

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ATTACHMENT 2
ANNEXATION MAP NO. 85

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ATTACHMENT 3

PARCEL OWNER INFORMATION SHEET

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Resolution No. 10436 of Intention for Annexation No. 85 (Parcel Map No. ... Page 155 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No 10437 adopting a list of projects to be funded by Senate Bill 1, The Road Repair and Accountability Act of 2017

RECOMMENDATION:

Adopt Resolution No. 10437 adopting a list of projects to be funded by Senate Bill 1, Road Repair and Accountability Act of 2017.

SUMMARY:

The Road Repair and Accountability Act of 2017 boosted funding for local streets and roads using taxes from the Highway Users Tax Account. This extra funding comes from the Road Maintenance and California the 2021, 24, March Transportation As (RMRA). Account Rehabilitation of Commission requires that any project seeking this funding must be approved by the City Council in a resolution. The next project will be paving streets in the downtown and central Indio pavement management zones.

BACKGROUND INFORMATION:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1), also known as the Road Repair and Accountability maintenance, road essential address to This legislation 2017. of Act aimed rehabilitation, and safety needs for both state highways and local streets. SB1 achieved this by increasing per-gallon fuel excise taxes, raising diesel fuel sales taxes and vehicle registration fees, and allowing for inflationary adjustments to tax rates in the future.

Since November 1, 2017, the State Controller has been allocating portions of this new funding to the newly established Road Maintenance and Rehabilitation Account (RMRA). A portion of the RMRA funding is distributed to eligible cities and counties based on a formula outlined in the Streets and Highways Code (SHC) Section 2032(h). This funding is designated for basic road maintenance, rehabilitation, and critical safety projects on local streets and roads.

Cities and counties that receive RMRA funds must adhere to all applicable federal and state laws, regulations, policies, and procedures. The primary requirements for the program are outlined in SHC Sections 2032.5, 2034, 2036, 2037, and 2038. Some of these requirements include:

 Submitting a list of proposed projects to the California Transportation Commission for funding consideration. All proposed projects must be included in a resolution adopted by the City Council, following the updated guidelines issued by the California Transportation Commission on March 24, 2021 (SHC 2034(a)(1)).

AGENDA ITEM #9.10
Resolution No. 10437 adopting a list of projects to be funded by Senate ... Page 156 of 230

 Providing a detailed description, location, proposed completion schedule, and estimated useful life for each project included in the funding proposal (SHC 2034(a)(1)).

In line with these guidelines, staff have updated the Capital Improvement Program to identify eligible projects for RMRA funding. Staff recommend adopting the resolution in Attachment 1, which prioritizes projects under the City’s Pavement Management Plan.

For Fiscal Year 2024-25 Staff has identified the Downtown and Central Indio Pavement Management Zones (PMZ) for SB1 funding.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$2,324,733 Strategic Objective: Community Infrastructure Source of funds: SB1 Fund-Org-Object
Reference:
234-523006

Additional Financial Details:

Based on the latest State Department of Finance projections, RMRA funds for the City of Indio is expected to be $2,324,733 for Fiscal Year 2024-25. If the proposed resolution is approved, the City would or rehabilitation, repair, for programmed is eligible The funding. SB1 for be money maintenance of existing roadways within the City.

ATTACHMENTS:

Attachment 1
Attachment 2

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 23 Apr 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 23 Apr 2024 Ruby D. Walla, Director of Finance Approved - 24 Apr 2024 Bryan H. Montgomery, City Manager Approved - 24 Apr 2024

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Resolution No. 10437 adopting a list of projects to be funded by Senate ... Page 157 of 230 ATTACHMENT 1

RESOLUTION NO. 10437

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Resolution No. 10437 adopting a list of projects to be funded by Senate ... Page 158 of 230 RESOLUTION NO. 10437

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 20 24-25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City, will receive an estimated $ 2,324,733 in RMRA funding in Fiscal Year 2024-25 from SB 1; and

WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and

WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “fair” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “satisfactory” condition; and

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Resolution No. 10437 adopting a list of projects to be funded by Senate ... Page 159 of 230 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City of Indio, State of California, as follows:

Section 1. All of the recitals above are true and correct and are incorporated herein as if set forth in full.

Section 2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Title: Fiscal Year 2024-25 Citywide Pavement Rehabilitation Project Description: Pavement Rehabilitation and Repair in the Downtown and Central Indio Pavement Management Zones
Project Location:

1. All public streets and alleys within the Downtown Pavement Management Zone bounded by Indio Boulevard, Jackson Street, Highway 111, and Oasis Street.

2. All public streets and alleys within the Central Indio Pavement Management Zone bounded by Miles Avenue, Oasis Street, Highway 111, and Monroe Street.

Estimated Project Schedule: Start (07/24) – Completion (06/25) Estimated Project Useful Life: 5-10 Years

Section 3. This resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED AND ADOPTED this 1st day of May, 2024.

________________________

LUPE RAMOS AMITH, MAYOR

ATTEST:

_________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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Resolution No. 10437 adopting a list of projects to be funded by Senate ... Page 160 of 230 APPROVED AS TO FORM:

________________________________

STEVEN GRAHAM, CITY ATTORNEY

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Project Location Maps

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Resolution No. 10437 adopting a list of projects to be funded by Senate ... Page 164 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Agreement with Crosstown Electrical and Data, Inc. in an amount not-to- exceed $539,308.65 to install fiber optic cable in the City

RECOMMENDATION:
not-to-exceed amount an in Inc. Data, Electrical Crosstown with Agreement Approve and $539,308.65 to install fiber optic cable with the Coachella Valley Association of Governments (CVAG) traffic signal synchronization project.

SUMMARY:

Approval of this agreement will allow for Crosstown Electrical and Data, Inc. to move forward with the installation of fiber optic cable in conduits that are being installed with the CVAG Traffic Signal Synchronization Project Phase II (CV Sync II). The fiber will be run to areas of the city that have been identified as being unserved and/or underserved for high-speed internet by the California Public Utilities Commission (CPUC). A map of the location, and detailed description are included in Attachment 1.

BACKGROUND INFORMATION:

On October 18, 2023, the City Council approved an agreement with CVAG allocating funds up to $900,000 for broadband and fiber installations within the City. This money will cover the cost of installing about 141,560 feet of ducts and 29 vaults for future fiber optic cables. It also includes installing 3,100 feet of 24-fiber cable, and laterals to the Police Department and Senior Center buildings.

On February 21, 2024, the mid-year budget adjustments added $650,000 for the installation of 288 fiber optic cables in conduits being installed with CV Sync II.

On April 16, 2024, Crosstown Electrical and Data, Inc., who is already under contract with CVAG for the CV Sync II project, provided the City with a proposal to install approximately 65,811 linear feet (12.46 miles) of 288 fiber optic cable at a cost of $539,308.65.

The City’s Information Technology and Public Works department has reviewed the proposal. By using CVAG’s contractor on the CV Sync II project, the City will be saving approximately $90,000 that would have been spent on mobilization, construction management and overhead. The City is also aware that Corning, the manufacturer of the fiber cable, is planning a price increase sometime in May. By approving this agreement, Crosstown Electrical and Data, Inc. will be able to order the AGENDA ITEM #9.11
Agreement with Crosstown Electrical and Data, Inc. in an amount not-to-e... Page 165 of 230 materials from Corning prior to any increases in prices. For this reason, the Information Technology Department and the Public Works Department recommend approval of this agreement.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$539,308.65 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective: Community Infrastructure
Source of funds: CIP Funds Fund-Org-Object
Reference:
300-523006

Additional Financial Details:

As a part of the mid-year budget adjustments $650,000 was set aside for City Project No. ST2414, Fiber Optic Installations.

ATTACHMENTS:

Attachment 1
Attachment 2

APPROVAL(S):

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Agreement with Crosstown Electrical and Data, Inc. in an amount not-to-e... Page 166 of 230 ATTACHMENT 1
Map and Proposal

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Agreement with Crosstown Electrical and Data, Inc. in an amount not-to-e... Page 167 of 230 Bermuda
Dunes
Ci t rus
48th Ave
Avenue 50
Silverrock Golf
Course
Mountain View
Country Club
Jeffer
son
St
Jefferson S
t
Jackson St
Madison St
Monroe St
Eastside Dr
Aven ue 44
Avenue 40
Aven id a S ombra
Cl
into
n St
Aven ue 38
Burr St
43rd Ave
K enner Ave
Kevin Rd
Ma
rk et S t
Avenue 41
Fred Waring Dr
Jack
son
St
Monro
e S
t
Avenue 42 Avenue 42
Indio B
lvd
Shadow Hills
Golf Club
Bermuda Dunes
Country Club
Bermuda Dunes
Airport
Whitew
ater Riv
er
10 Jeff
erso
n
St
Jeff
erson S
t
Avenue 48
M
adiso n
StM
adiso
n
St
V ia Pess a ro
Dune Palms Rd
Doctor Ca rreon Blvd
Miles Ave
Oasis St
Av enue 49 Avenue 49
Calhoun
St
Jacks
on St
Hjorth St
Avenue 46
Van Buren St
Van Bure
n St
Shi
elds R
d
Avenu e 54Avenue 54
Clinton St Bliss Ave
El Dora
do Dr
Avenue 45
Avenue 51 Avenue 5 1
Avenue 53
Ca
ba
zon Rd
Monroe St
Monroe S
t
Av en ue 52
Avenue 50 Avenue 50
US Highwa
y 111
Ind
io Blv
d
The Madison
Club
The Hideaway
Golf Club
Mountain View
Country Club
Indio
55 th Ave
Avenue 44
Ha
rri
son St
40th Ave
The Golf Club at
Terra Lago
Freder
ick St
Harrison St
54th Ave
Aven ue 5 0
A venue 5 3
Cesar Chav
ez St
Grape
fruit Blv d
Twenty-Nine
Palms
Reservation and
Off-Reservation
Trust Land
Eagle Falls Golf
Course
Coachella
Augustine
Reservation
0 1 20.5 Miles
Legend
65,811' Corning 288
Fiber MiniXtend Cable
Indio City Limits
µ
Install and Test 288 fiber cable

1.) Furnish and install Corning 288 fiber MiniXtend SMF-28 ULTRA OS2 cable (P
art Number 288ZH4-Y4F40A20) in the MicroDuct by the air blowing method.

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

3.) Perform On-Reel Testing prior to placement.

4.) Perform after-placement testing of cable per CVAG specifications and provide test documentation.

Broadband Fiber Bid
Updated: 1/29/2024

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

April 16, 2024 Quotation Number 24420A

Mr. Alex Telthorst
Entrust Solutions Group
Buena Vista, CO

Dear Mr. Telthorst:

Per your request, Crosstown Electrical & Data Inc. is pleased to provide a proposal to furnish and install Corning 288 fiber Single Mode MiniXtend cable.

Scope of Work:

1.) Furnish and install approximately 65,811 linear feet of Corning 288 fiber MiniXtend SMF-28 ULTRA OS2 cable (Part Number 288ZH4-Y4F40A20) in MicroDuct by the air blowing method.

2.) Coil a minimum of 50 feet of cable in each City of Indio splice vault for future splicing by others .

3.) Perform On-Reel Testing prior to placement and provide test documentation.

4.) Perform after-placement testing of cable per CVAG specifications and provide test documentation.

Pricing:

Furnish and install 65,811' of Corning
288 fiber MiniXtend cable 65,811 7.15$ 470,548.65$ On-Reel and After Placement testing 1 68,760.00$ 68,760.00$ 539,308.65$ TOTAL

The price to perform this work is $539,308.65.

This price includes all material, labor, equipment, sales tax, shipping costs, and traffic control per the WATCH manual.

All workers will be paid prevailing wages and certified payrolls will be provided upon request.

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

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

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

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

This proposal does not include any splicing or termination. All sections of fiber optic cable will be installed vault to vault, cut, and left coiled in each City of Indio vault for further splicing by others. No slack cable will be installed in CVAG Vaults.

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

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

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

This pricing is valid through May 23, 2024, at which time Corning has a scheduled price increase on this cable.

Exclusions: Cost of bond, permits, fees, splicing, cable termination, engineered traffic control plans.

Please contact me if you have any questions regarding this proposal.

Sincerely,

David P. Heermance
Dave Heermance
Crosstown Electrical & Data, Inc

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Contract
Crosstown Eletrical
and Data Inc.

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C-1
City Project: ST2414 City of Indio Public Works

CONTRACT

CITY OF INDIO CONTRACT FOR
FIBER OPTIC INSTALLATION, CITY PROJECT NO. ST2414

THIS CONTRACT (“Contract”) is made and entered this May 1 , 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Crosstown Electrical & Data, Inc., a California corporation, (“Contractor”). Contractor’s California State Contractor’s license number is 756309; Class A, C-10. Contractor’s DIR registration number is 1000000155.

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

2. S cope of Services . Contractor shall perform the Work in a good and workmanlike manner for the project identified as Fiber Optic Install ation, City Project No. St2414 (“Project”), as described in this Contract and in the Contract Documents.

3. C ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of five-hundred thirty-nine thousand, three-hundred and eight dollars, and sixty -five cents ($ 539,308.65) in accordance with the prices as submitted in the Proposal.

5. A ntitrust 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. P revailing Wages . City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

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C-2
City Project: ST2414 City of Indio Public Works
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.

11. C
ounterparts . 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:

Mayor
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

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C-3
City Project: ST2414 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:

NOW, THEREFORE, we, the undersigned Principal, and

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C-4
City Project: ST2414 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.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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C-5
City Project: ST2414 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

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C-6
City Project: ST2414 City of Indio Public Works
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 Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

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Agreement with Crosstown Electrical and Data, Inc. in an amount not-to-e... Page 177 of 230

C-7
City Project: ST2414 City of Indio Public Works
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE

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

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 Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan H. Montgomery, City Manager
Subject: The Second Amended and Restated Agreement for the Visit Greater Palm Springs (VGPS) Joint Powers Authority.

RECOMMENDATION:

Approve the Second Amended and Restated Agreement for the Visit Greater Palm Springs (VGPS) Joint Powers Authority (JPA).

SUMMARY:

This matter was discussed at the March 20, 2024 City Council Meeting. At that meeting, the Council requested that a buy-in payment be considered by VGPS as part of an amended JPA Agreement.

The JPA Executive Board approved a buy-in payment (see attached resolution) and a new second restated and amended JPA agreement is now being presented to all members for consideration.

BACKGROUND INFORMATION:

Following the exploration and analysis of the public and private partnerships of Visit Greater Palm Springs has staff VGPS thereof, support in activities of business the and (VGPS) VGPS recommended the following amendments to the JPA Agreement:

(1) the addition of the City of Coachella as a member agency with an established buy-in payment (2) the expansion of the territorial boundaries of the JPA to include the City of Coachella, (3) the amendments to the purpose set forth in the JPA Agreement to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy, and
(4) create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA.

VGPS staff will be available to explain the purposes of the amendments to the JPA Agreement. (Attached is a redlined version of the second restated and amended JPA Agreement that identifies the proposed amendments).

ALTERNATIVES:

Not approve the amended and restated agreement.

ATTACHMENTS:

AGENDA ITEM #10.1
The Second Amended and Restated Agreement for the Visit Greater Palm Spr... Page 179 of 230 Attachment 1 - Resolution No. JPA 2024-003 Executive Committee Resolution Re Contribution (SBEMP)_Signed.docx
Attachment 2 - 2024.04.11 Redlined Second Amended JPA Agreement

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The Second Amended and Restated Agreement for the Visit Greater Palm Spr... Page 182 of 230 1 - Mark Carnevale (Cathedral City)

8 - Gary Gardner, Waymond Fermon, Greg Sanders, Linda Evans, Jan Harnik, Jeffrey Bernstein, Steve Downs, Joaquin Tijerina (Riverside County)
DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161

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VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)

A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500, et seq.

JANUARY 20, 2016
_________________, 2024
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TABLE OF CONTENTS

RECITALS ........................................................................................................................... 1 AGREEMENT ..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name ................................................................................................ 3 Section 5 InitialFirst Amended and Restated Agreement Superseded – Effective Date 3
Section 6 Termination ...................................................................................... 3 Section 7 CVBJPA Members .......................................................................... 4 Section 8 Additional Members ........................................................................ 4 Section 9 Governing Body ............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties ............................. 4 Section 11 Territorial Boundaries ...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity ............................................................................... 76 Section 15 Powers of the JPA ............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations ............................................. 9 Section 19 Treasurer – Duties and Responsibilities ........................................... 9 Formatted: Not Expanded by / Condensed by

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Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ....................................................................................... 1110 Section 24 Amendments .............................................................................. 1110 Section 25 Ambiguities or Uncertainties ......................................................... 11 Section 26 Applicable Law .............................................................................. 11 Section 27 Venue ............................................................................................. 11 Section 28 Notices ........................................................................................... 11 Section 29 Counterparts ................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12

EXHIBIT A
Territorial Boundaries .......................................................................................................... 16

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1 This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered heretointo by and between the cities of Cathedral City , Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code. (“Agreement”).The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”).

The parties to this Agreement are individually referred to herein as “CVBJPA Member” and collectively as “CVBJPA Members.”

RECITALS

WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“JPA”); and

WHEREAS, the CVBJPA Members entered into the original joint powers agreement on February 8, 1989, for the purpose to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the CVBJPA Members have in common; and

WHEREAS, it is intended by the CVBJPA Members that this Agreement shall be amendatory of the original joint powers agreement First Amended and Restated J oint Powers Agreement, dated February 8, 1989January 20, 20 16, including any subsequent amendments (“InitialFirst Amended and Restated Agreement”), and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement in its entirety as of the Effective Date; and

WHEREAS, the CVB Members, consisting of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside have consented to renaming the JPA to the “Greater Palm Springs Convention & Visitors Bureau” (“CVB”) for all purposes.

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set Formatted: Font: 12 pt
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2 forth, and intending to be legally bound hereby, the CVBJPA Members hereby covenant and agree as follows:

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3 AGREEMENT

Section 1. Definitions

The following words, terms and phrases shall have the following meanings:

“Advisory Board” shall mean the board appointed by the JPA Executive Committee for the purposes described in paragraph (c) of Section 10.

“Additional JPA Members” shall mean qualified organizationsmunicipalities that may be added as members of CVBJPA as described in Section 8.

“Board of Directors ” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.

“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.

“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

that provides facilities“JPA” shall mean the Joint Powers Authority and services designedmay also be referred to host meetings or gatherings within or upon the same premises of the hotel or within a facility (herein as VGPS.

“JPA Executive Committee” shall mean the JPA’s governing body formed for example: convention centers, auditoriums, outdoor venues, etc.) that is in close proximity of the hotelthe purposes and having the powers and duties set forth in Section 10.

“CVB Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

“CVB“JPA Member” shall mean an organizationa municipality that is party to this Agreement.

“CVBJPA Members” shall mean, collectively, the organizationsmunicipalities that have entered into this Agreement.

“CVBJPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.

“Greater Palm Springs Convention & Visitors Bureau” or “CVB” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside.

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4 “Lodging Establishments,” as referenced in Section 10, Paragraph C, ” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, or any privatepublic or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.

“
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

“JPA Executive Committee” shall mean the CVB’s governing body formed for the purposes and having the powers and duties set forth in Section 10.

A “Non-Convention Hotel” shall mean any structure, with the exception of the previously defined “Convention Hotels,” or any portion of any structure which is occupied or intended or designed for use or occupancy by transients including, but not limited to, dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, campground, mobile home or house trailer at a fixed location, or other like structure or portion thereof. Non-Convention Hotel includes a recreational vehicle, as defined in Cal. Health & Safety Code § 18010 and campgrounds.

Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement.

“President and Chief Executive Officer ” shall mean the individual employed by CVBVGPS, who is responsible for professionally supervising, managing , and administering CVB’sVGPS’s day-to day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.

“TBID” shall mean Tourism Business Improvement District assessment.

“Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of CVB’sVGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.

“Treasurer” shall mean the individual appointed by CVB’sVGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.

“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

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5 formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals

The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose

The purpose of this AgreementVGPS is to form a joint powers authority to benefit all JPA Members and their constituents by jointly encourage, promote, and to do:

(a) Marketing, attracting, encouraging, promoting, and do ing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the CVB Members and their constituents.; and

(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.

Section 4. Name

The name of the JPA shall be the ““Visit Greater Palm Springs Convention & Visitors Bureau” (“CVB” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JPA Executive Committee.

Section 5. InitialFirst Amended and Restated Agreement Superseded - Effective Date

It is intended by the CVBJPA Members that this Agreement shall be amendatory of the InitialFirst Amended and Restated Agreement and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the CVBJPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the CVBJPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination

(a) This Agreement may be terminated by unanimous vote of all the CVBJPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a CVBJPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing CVBJPA Member as described in Section 13; and

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6 (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the CVBJPA Members’ treasuries in proportion to the CVBJPA Member Contributions made by the respective CVBJPA Member to the JPA.

(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2 , any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. CVBJPA Members

The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 8. Additional Members

Additional CVBJPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as CVBJPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 9. Governing Body

(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: ( i) a duly elected or appointed council member of each city CVBJPA Member; and (ii) a member of the Riverside County Board of Supervisors.

(b) Only those members of the JPA Executive Committee, whose agencies pay the CVBJPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties

The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business of the JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:

(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;

(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s Formatted: Condensed by 0.1 pt
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7 subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;

(c) Appoint an advisory board consisting(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other f unctions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate by the JPA Executive Committee; . The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee.

(d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each CVBJPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on;

(e) Employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day -to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as the JPA Executive Committee may designate;

(f) (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and

(g)(f) Create any committees, sub -committees, advisory committees and advisory boardscommittees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.

(h)(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Formatted ...

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8 Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers.

Section 11. Territorial Boundaries

The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Sp rings, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the CVBVGPS may only be changed by a two -thirds vote of the JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies.

Section 12. Contributions

(a) Initial Membership Fee . Each CVBnew JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows:

(i) Entry Fee: The “Entry Fee” shall be calculated by multiplying the new JPA Member’s current fiscal year’s gross revenue estimate by .55%.

(ii) Operation Fee: The “Operation Fee” shall be calculated by multiplying the Entry Fee by 15.62%.

The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.

(a)(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies. The provisions of this section may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the CVB JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.

A contribution from each of the CVBJPA Members is a funding mechanism equal to:

.0015 x Gross Room Rental Revenue for Non-Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels

(b)(a) The Gross Hotel Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the CVBJPA Members.

Section 13. Withdrawal

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9 Any Party may withdraw as a CVBJPA Member and the obligations under this Agreement subject to the following conditions:

(a) The withdrawing CVBJPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal.

(b) The effective date of withdrawal shall always be the last day of the CVB’VGPS’ s Fiscal Year.

(c) All CVBJPA Member Contributions must be paid in full by the withdrawing CVBJPA Member through the end of the current CVBVGPS Fiscal Year of the year when the withdrawing CVBJPA Member provides its Notice of Withdrawal as well as the following CVBVGPS Fiscal Year.

(d) After giving notice of withdrawal, a withdrawing CVBJPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal.

(e) A withdrawing CVBJPA Member may again become a party to this Agreement on condition that it pays to the treasury of the CVBVGPS an amount equal to all CVBJPA Member Contributions which the withdrawing CVBJPA Member would have been required to pay if it had not withdrawn from participation.

(f) Partners within the territorial boundaries of the CVBVGPS may remain active Partners as long as their respective government entity is a CVBJPA Member and during the period of their CVBJPA Member’s withdrawal from the Joint Powers Agreement.

(g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.

Section 14. Expulsion/Withdrawal

A JPA Member may be expelled or suspended by a two -thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity

PursuantExcept for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA Formatted: Condensed by 0.1 pt
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10 shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one CVBJPA Member except that any CVBJPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 1516. Powers of the JPA

Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:

(a) The power to make, enter into and perform all necessary contracts;

(b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties;

(c)(b) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services;

(d)(c) The power to acquire, construct, manage, maintain or operate any building, works or improvements;

(e)(d) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(f)(e) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(g)(f) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA;

(h)(g) The power to donate any surplus real or personal property to any public agency or nonprofit organization;

(i)(h) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract;

(j)(i) The power to raise revenue for any public purpose consistent with the JPA ’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq;

(j) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property Formatted: Right: 0"
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11 and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish , modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this agreementAgreement by the CVBJPA Members constitutes consent: (i) to :

(k)(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the CVB in connection with formation of the said district (“2013 TMD”); (ii) to form an improvement district not to exceed an assessment rate of one percent (1%) on Lodging Establishments not currently being assessed under the 2013 TMD or the Palm Springs Desert Resort Communities Tourism Business Improvement District established by Ordinance No. 883 of the County of Riverside (“Tourism BID”); and (iii) to consolidate the 2013 TMD and Tourism BID as long as the overall assessment rate does not exceed three percent (3%) on the entities currently being assessed therein;VGPS in connection with formation of the said district (“2013 TMD”); and

(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;

(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals;

(l)(k) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA;

(m)(l) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;

(n)(m) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the Government Code;

(o)(n) The power to provide insurance pursuant to section 989 of the Government Code, et seq.;

(p)(o) The power to sue and be sued in the name of the JPA;

(q)(p) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors , groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;

(r)(q) The power to travel domestically and internationally that is necessary or proper Formatted: Indent: Left: 0", First line: 1", Right: 0", Numbered + Level: 1 + Numbering Style: i, ii, iii, … +
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12 to carrying out the purposes and intent of the JPA;

(s)(r) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;

(t)(s) The power to lobby on behalf of travel and tourism; and economic development;

(u)(t) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the hospitality, convention and tourism and economic development industry; and

(v)(u) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 1617. Power to Invest

Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 1718. Bonding

Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:

(a) President/Chief Executive Officer;

(b) Director of Finance; and

Section 1819. Treasurer and Auditor - Designations

Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 1920. Treasurer - Duties and Responsibilities

Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:

(a) Receive and receipt (account) for all money of the JPA and place it in the Formatted ...

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13 treasury of the Treasurer so designated to the credit of the JPA;

(b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; Pay, when due, out of money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and

(e) Verify and report in writing on the first day of July, October, January and April of eachno less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties the amount of money the Treasurer holds financial statement of activities for the JPA, the amount of receipts since the Treasurer’s last report, and the amount paid out since the Treasurer’s last reportyear.

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14 Section 2021. Independent Audit

Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 2122. Auditor’s Duties

The Auditor shall perform the following duties:

(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;

(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;

(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;

(e) Review investments made by the President or Treasurer;

(f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and

(g) Assist staff in the selection of the Certified Public Accounting firm.

Section 2223. Attorney’s Fees

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.

Section 24. Voting

Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.

Section 25. Severability

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Formatted: Right: 0"
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15 Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

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16 Section 2326. Waiver

All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 2427. Amendments

This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 2528. Ambiguities or Uncertainties

The CVBJPA Members have mutually negotiated the terms and conditions of this Agreement and each CVBJPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of all CVBJPA Members and none of the CVBJPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any CVBJPA Member.

Section 2629. Applicable Law

This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 2730. Venue

In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

Section 2831. Notices

Any notice or communication required hereunder between the JPA and the CVBJPA Members shall be in writing, and may be given either personally or by registered mail, return receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

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17 City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Desert Hot Springs
11711 West DriveCoachella
Desert Hot Springs53990
Enterprise Way
Coachella, CA 92240 92236
Attention: City Manager
City of Indian Wells 44950 El
DoradoDesert Hot Springs
Indian Wells11999 Palm Drive
Desert Hot Springs, CA
9221092240 Attention: City
Manager
City of IndioIndian
Wells 44950 Eldorado
Drive
Indian Wells100 Civic
Center Mall Indio, CA
9220192210 Attention:

City Manager
City of La Quinta 78495 Calle TampicoIndio
100 Civic Center Mall La
Quinta
Indio, CA 92253 92201
Attention: City Manager
City of Palm Desert
La Quinta 78495
Calle Tampico
73510 Fred Waring Drive
Palm DesertLa Quinta,
CA 9226092253
Attention: City Manager
City of Palm SpringsDesert
3200 East Tahquitz Canyon Way
73510 Fred Waring Drive
Palm SpringsDesert, CA
9226292260
Attention: City Manager
City of Rancho Mirage 69-825 Highway
111Palm Springs
Rancho Mirage3200 East
Tahquitz Canyon Way Palm
Springs, CA 9227092262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County ClerkCity
Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk

Section 2932. Counterparts

This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 3033. Privileges and Immunities

Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, Formatted: Normal, Left
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18 disability, workmen ’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. Formatted: Character scale: 105%

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[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

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IN WITNESS WHEREOF, the duly authorized representatives of the CVBJPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY

____________________________________
_____________________,________________
_________________
Mark Carnevale, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Charlie McClendon, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Eric S. Vail, City Attorney

CITY OF DESERT HOT

SPRINGSCOACHELLA

____________________________________
_____________________,________________
_________________
Steven Hernandez, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Gabriel Martin, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Angela M. Zepeda, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Carlos Campos, City Attorney

CITY OF INDIAN WELLS DESERT

HOT SPRINGS

____________________________________
_____________________,________________
_________________
Scott Matas, Mayor

____________________________________
_____________________,Dated:

CITY OF INDIOINDIAN WELLS

____________________________________
_____________________,
_________________________________
Greg Sanders, Mayor

____________________________________
_____________________,Dated:
___________________________
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___________________________

_________________________________
Frank Luckino, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Jerryl Soriano, CMC, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Jennifer Mizrahi, City Attorney

_________________________________
Christopher Freeland, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Angelica Avila, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Todd Leishman, City Attorney

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CITY OF LA QUINTAINDIO

____________________________________
_____________________,________________
_________________
Guadalupe Ramos Amith, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Bryan Montgomery, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Steven P. Graham, City Attorney

CITY OF PALM DESERTLA QUINTA

____________________________________
_____________________,________________
_________________
Linda Evans, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Jon McMillen, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Monika Redeva, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
William H. Ihrke, City Attorney

CITY OF PALM SPRINGSDESERT

____________________________________
_____________________,________________
_________________
Karina Quintanilla, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Todd Hileman, City Manager

CITY OF RANCHO MIRAGE PALM

SPRINGS

____________________________________
_____________________,________________
_________________
Jeffrey Bernstein, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Scott Stiles, City Manager

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ATTEST:

____________________________________
___________________,__________________
_______________
Anthony Mejia, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Isra Shah, City Attorney

ATTEST:

____________________________________
___________________,__________________
_______________
Brenda Pree, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Jeffrey Ballinger, City Attorney

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COUNTYCITY OF RIVERSIDERANCHO
MIRAGE

____________________________________
_____________________,_______________________
__________
Steve Downs, Mayor

Dated: ___________________________

_________________________________
Isaiah Hagerman, City Manager
Chairman

____________________________________
_____________, County Executive Officer

ATTEST:

____________________________________
___________________,________________________
_________
Kristie Ramos, City Clerk of the Board

APPROVED AS TO FORM:

____________________________________
________________________, County Counsel
________________________________
Steven B, Quintanilla, City Attorney

COUNTY OF RIVERSIDE

_____________________________
_______
Chuck Washington, Chairman

_____________________________
_______
Jeff Van Wagenen, County
Executive Manager

ATTEST:

_____________________________
_______
Kimberly A. Rector, Clerk of the
Board

APPROVED AS TO FORM:

_____________________________
_______
Minh Tran, County Counsel

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EXHIBIT A

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The Second Amended and Restated Agreement for the Visit Greater Palm Spr... Page 212 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Request for approval from the city of Indio City Council for a certificate of public convenience or necessity for a type 90 on-sale general music venue license for Chavez Events Corp, (case file plan-pcn-24-0002) located at 45330 Jackson Street Indio, CA 92201

RECOMMENDATION:

Approve the application for a Certificate of Public Convenience or Necessity (Case File PLAN-PCN- 24-0002).

SUMMARY:

On January 18, 2024, Linda Lopez, on behalf of Chavez Events Corp, filed an application with the Community of Certificate a of requesting the Public Department Development approval Convenience or Necessity for a Type 90 On-Sale General –Music Venue license from the California Department of Alcoholic Beverage Control (ABC) to authorize the sale of beer, wine, and distilled spirits for on-site consumption at 45330 Jackson Street Indio, CA 92201.

BACKGROUND INFORMATION:

On December 21, 2023, the applicant submitted an application to the California Department of Alcoholic Beverage Control (ABC) for a Type 90 On-Sale General – Music Venue liquor license for an event space located at 45330 Jackson Street Indio, CA 92201 to allow for the sale of beer, wine, and distilled spirits for on-site consumption.

On January 4, 2024, ABC determined that the subject property was within a geographical area defined as an area of “undue concentration” meaning that the number of licenses for the sale of alcoholic beverages exceeds the amount that is permitted by ABC within the census tract that the business is located in. Currently, Census Tract 495.02 is authorized by ABC for four (4) on-sale and two (2) off-sale licenses. In cases of undue concentration, ABC is required to deny an application for a license if the issuance of a license would result in or add to an “undue concentration” of licenses.

However, California state law allows ABC to issue a license if the legislative body of the area in which the premises are located determines that the applicant’s license request serves the public convenience or necessity.

ANALYSIS

State Regulations – Undue Concentration of Liquor Licenses:

AGENDA ITEM #11.1
Request for approval from the city of Indio City Council for a certifica... Page 213 of 230

California Code, Business and Professions Code - BPC § 23958.4 specifies the following:

(a) For purposes of Section 23958, “undue concentration” means the case in which the applicant's premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist:

(1)The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.

(2)As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on- sale retail licenses to population in the county in which the applicant premises are located.

(3)As to off-sale retail license applications, the ratio of off-sale retail licenses to the population in the census tract or census division in which the applicant premises are located exceeds the ratio of off- sale retail licenses to the population in the county in which the applicant premises are located.

(b) Notwithstanding Section 23958, the department may issue a license as follows:

(1)With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance.

(2)With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later.

Based on statutory guidelines, the City of Indio City Council is conducting a public hearing and will consider the issuance of a determination of Public Convenience or Necessity. These actions will occur within the specified 90-day period.

General Plan, Zoning, and Existing Land Uses:

The subject property is currently designated with a Downtown (DT) land use designation pursuant to the 2040 General Plan adopted on September 18, 2019. The property is governed by the Downtown Specific Downtown of designation zoning current a has and 2020, April in adopted Plan, Neighborhood (DT-N) per the adopted Downtown Specific Plan. The new restaurant and outdoor dining is located South of Miles Avenue, east of Towne Street, and west of Smurr Street.

The California Department of Alcohol and Beverage Control has identified that the project site is in an area of “undue concentration”. The ABC threshold for "undue concentration" of off-sale retail licenses in Census Tract No. 495.02 is four (4) on-sale and two (2) off-sale liquor licenses. There

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Request for approval from the city of Indio City Council for a certifica... Page 214 of 230 are currently twenty (20) establishments within Census Tract No. 495.02 that have active ABC- issued on-sale and off-sale liquor licenses as specified in Table 1:

TABLE 1

SUMMARY OF CONCENTRATION OF ABC LICENSES
CENSUS TRACT 495.02

# License Type Business Name Address Status
1 41 Taqueria Ixtlan
83233 Indio
Boulevard, Suite
1A-2
Active
2 47 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
3 77 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
4 58 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
5 47 CIE Sichuan
Cuisine
45682 Towne
Street Active
6 47
Applebee’s
Neighborhood
Grill & Bar
82894 Highway
111 Active
7 58 El Mexicali Cafe Indio 82720
Boulevard Active
8 47 El Mexicali Cafe 82720 Indio
Boulevard Active
9 77 El Mexicali Cafe 82720 Indio
Boulevard Active
10 41 CV BBQ Inc. 83214 Requa
Avenue Active
11 64
Desert
Theaterworks
Corporation
45175 Fargo
Street Active
12 41
Valentino’s
Seafood Bar &
Grill
83085 Indio
Boulevard Active
13 47 El Tapatio
Restaurant
83161 Indio
Boulevard Active
14 40 Avenida Music 82707 Miles
Avenue Active
15 47 China Bistro 45765 Towne
Street Active
16 47 Indio Taphouse 82867 Miles
Avenue Active
17 68 Indio Taphouse 82867 Miles
Avenue Active

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TABLE 1

SUMMARY OF CONCENTRATION OF ABC LICENSES
CENSUS TRACT 495.02

18 58 Indio Taphouse 82867 Miles
Avenue Active
19 48 High Voltage @
the 5
82971 Bliss
Avenue Active
20 41 Victorias Cafe 82720 Miles
Avenue Active

According to the United States Census Bureau, Census Tract 495.02 is 0.9 square miles in area with a population of 4,222. The percent of the population aged 18 and over is 73.7 while the percent of the population 65 and over is 8.1.

SURROUNDING LAND USES

The project site is generally surrounded by Downtown Neighborhood (DT-N) zoning designations.

Neighboring parcels also contain the Retail Ready Overlay (RR-O) which requires properties to maintain flexibility for if/when the market is ready for an expansion of a more urban environment (City of Indio Downtown Specific Plan, 49). The General Plan Land Use designations, the Downtown Specific Plan Zoning designation, and Existing Land Uses are outlined in Table 2 below:

TABLE 2: GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USES General Plan 2040 Zoning Existing Use
Site: Downtown
(DT)
Downtown
Neighborhood
(DT-N)
Commercial Building
North: Downtown
(DT)
Downtown
Neighborhood
(DT-N)
Commercial Building
South: Downtown
(DT)
Downtown
Neighborhood
(DT-N)
Commercial Building
East: Downtown
(DT)
Downtown
Neighborhood
(DT-N)
Commercial Building
West: Downtown
(DT)
Downtown
Neighborhood
(DT-N)
Commercial Building

POLICE DEPARTMENT BACKGROUND CHECK INVESTIGATION

Community Development Department staff submitted the PCN application to the Indio Police Department, the Indio Building and Safety Division, and the Riverside County Fire Department. The Indio Police Department (IPD) conducted a review of the application and completed a background investigation of the applicant. IPD reported that Ramon Chavez (owner) completed and passed the background check as of April 22, 2024. Therefore, IPD is not recommending any specific conditions

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Request for approval from the city of Indio City Council for a certifica... Page 216 of 230 of approval associated with this request and did not specify any law enforcement-related concerns for the new event space. Furthermore, IPD, in partnership with ABC, will enforce the laws related to the sale of alcohol from the proposed establishment.

PUBLIC CONVENIENCE OR NECESSITY (PCN) DETERMINATION

Findings:

Pursuant to Section 6.04.08, Subsection C, of the City of Indio Unified Development Code, the City Council shall issue a decision approving, conditionally approving, or denying the Certificate of Public Convenience or Necessity following the close of the required public hearing. In reaching its decision, the City Council shall make findings and shall consider the following factors:

I.The proposed use is consistent with the General Plan and Development Code.

The subject property has a current General Plan 2040 land use designation of Downtown (DT) and a current Downtown Specific Plan zoning designation of Downtown Neighborhood (DT-N). The Downtown Specific Plan specifies that a new restaurant with associated indoor and outdoor dining in the Downtown Neighborhood zoning designation is a permitted land use. Therefore, the Project is consistent with the City’s General Plan 2040 and all applicable general plan policies as well as with the zoning designation specified in the Downtown Specific Plan.

II.The proposed use is compatible with the nature, condition, and character of adjacent land uses.

The subject property is governed by the City of Indio’s Downtown Specific Plan. Properties surrounding the new restaurant to the north, east, and west by commercial buildings that are zoned Downtown Neighborhood (DT-N). The DT-N zone is characterized by lively pedestrian-oriented retail, restaurant, and service businesses. The intent of this zoning designation is to promote a more active ground-floor environment within the downtown corridor. The inclusion of the event space is consistent with the pedestrian-oriented retail business activation outlined in the DT-N.

III.The proposed use would not have an adverse effect on adjacent land uses.

The subject property is located along Jackson Street near its intersection with Civic Center Drive and Indio Boulevard within the City’s Downtown. The adopted Downtown Specific Plan specifies the following vision for Downtown Indio: “Downtown Indio is a place for everyone; a human-scaled, urban center of activity concentrating community, culture, and commerce in a vibrant, walkable, mixed-use environment.” Further, Goal 2 of the Plan specifies the following goal for Downtown:

Goal 2: Lively selection of nightlife, entertainment, and recreation options:

Downtown already includes a notable concentration of civic, cultural, recreation, and entertainment amenities, and is uniquely and ideally positioned to become Indio’s most significant center of culture, nightlife, entertainment, and recreation and operate as a true “18-hour per day” district. “Downtown will operate as a true 18-hour-per-day district...”

The proposed event space will help fulfill the council-adopted vision for Downtown Indio and will provide cultural and entertainment amenities in an area of mutually compatible land uses. The Council’s issuance of the Public Convenience or Necessity Determination is therefore not likely to have an adverse effect on adjacent land uses and allows for potential similar uses.

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Request for approval from the city of Indio City Council for a certifica... Page 217 of 230

IV.The proposed use would not result in an excessive number of similar establishments in close proximity.

Census Tract 495.02 is an area of undue concentration; however, this is reasonable given the multiple restaurants within Census Tract 495.02. The authorization of a Type 90 On-Sale General – Music Venue Liquor License for Chavez Events would support the establishment of a viable cultural and entertainment venue in Downtown Indio that would further enhance Downtown’s ability to be an 18-hour per day district and an area offering a lively selection of nightlife and entertainment.

Conclusion:

Based on the preceding information provided herein, a review of the site and floor plans for the business, and successful completion of the Indio Police Department’s application review and background check, staff recommends that the Council approve the request for a Certificate of Public Convenience and Necessity for a Type 90 Liquor License for Chavez Events located at 45330 Jackson Street Indio, CA 92201.

PUBLIC NOTICE

On April 18, 2024, the City Clerk Administrator published a legal notice of public hearing in the Desert Sun, the newspaper of record. Public Hearing notices were mailed out to the public on March 29, 2024.

ATTACHMENTS:

Attachment1_Vicinity Map
Attachment2_ABC Application

APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 24 Apr 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 24 Apr 2024 Ruby D. Walla, Director of Finance Approved - 24 Apr 2024 Bryan H. Montgomery, City Manager Approved - 25 Apr 2024

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Request for approval from the city of Indio City Council for a certifica... Page 218 of 230 Vicinity Map
45-330 Jackson St
Indio, CA 92201

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Request for approval from the city of Indio City Council for a certifica... Page 219 of 230 I State of Cali10mla
Department of .l\J�llolic 6everage Contrcl Gavin Newsom. Governor

INFORMATION AND INSTRUCTIONS
SECTION 23958.4 B&P
Instructions This form is to be used for all applications for original issuance or premises to p�e�es tranSfer �enses. . d .

Part l is to be completed by an ABC emploxee, given to applicant with pre-applicatJon package, copy rerame ID • b.o lding tile or applicant's district file.

Part 2 is to be completed by the applicant, and returned to ABC. . d cd to ABC • Part 3 is to be completed by the local governing body or its designated subordinate officer or body, an return PART'! - TO BE COMPLETED BY ABC

1. APPLICANT'S NAME

CHAVEZ EVENTS CORP

2. P�SES AOORESS (S,,_ numti.r and name, city, zip coda) 45330 Jackson Street lNDIO CA 92201

4. T'l'PE OF BUSINESS
Full Service Restaurant
J Deli or Specialty Restaurant
.__, cate/Coffee Shop
'.]Bed & Breakfast
Wine only
0 Supennalltet
OLiquorStore
1AII
1Hcfbrau/Cafeterta
::]comedy Club
I Brew Pub
1Theater
:=]Membership Store
_; Department Store
Cocktail Lo.un9e -
,Night Club
Tavem: Beer
Tavem: Beer & Wine
i Service Station
Convenience Market

3. LICENSE TYPE
-
90 Private Club
Veterans Club
Fraternal Club
Wine Tasting Room
Swap Meet/Flea Markel
Drive-in Dairy
[i Drug/Variety Store
� Other -descnbe:
� Florisl/Gift Shop Convenience Market w/Gasoline
TYPE 90 ON SALE GENERAL MUSIC VENUE

6. COUN"TY POPULATION 16. TOTAi. NUMBER OF LICENSES IN COUNTY' ' i On-Sale
I. CENSVS TRACT NUMBER 19. NO. OF LICENSES ALLOWED IN CENSUS TRACT 495.02 X,On-Sale

17. RATIO OF LICENSES TO POPULATION IN COUNTY ---, � -
:Off-Sale On-Sale 'Off-Sale
:10. NO. OF LICENSES EXISTING IN CENSUS TRACT --,
Off-Sale 18 X; On-Sale � Off-Sale

11. IS THE ABOVE CENSUS TRACT OVcRCONCENTRATED WITH LICENSES? (ia., does Ille ratio at C8ll58S 10 pa:,ulation in theC8NUS nc:t """""'1 the ratio at licenses 10 populaticn f0r1he entir9 o:,..-.ty?) �Yes, the number of existing licenses exceeds the number allowed ::J No, !he number of existing licenses is lower than the number allowed

12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS? =1Yes (Go to Item #13) _J No (Go to Item #20)

13. CRIME REPORTING DISTRJCT NUMBER 114. TOTAL NUMBER OF REPOIUING DISTRlCTS 15. TOTAL NUMBER OF OFFENSES IN ALl REPORTING DISTRICTS

19. AVERAGE NO. OF OFFENSES PER DISTRICT 111. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT

19. IS lliE PREMISES LOCATED IN A HIGH CRIME REPORTING OISTRICT7 (le. .. has a 20'4 greaa,, IU!lbe< al rapor1B<1 aimes 11\an the avuraga number al rnpcrtad aimes as determined fTcrn all cnma repitting dil1ricll wi1l1in Ille ]!Aildiclion al Ille local law ll1fotclmenl agency) i Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17 ONo, the total number of offenses in the reporting district is lower than the total number in item #17

20. CHECK THE BOX TH.t.T APPLIES (cnock only one tic.)
- a. If•�• is checked in both item #11 MJs!. Item #19. Section 23958.4- B&P does not apply to this application, and no additional Information will be needed on this issue. AdVise the applicant to bring this completed form to ABC when filing the application. b. If "YE is checked In either item #11 9! item #19, and the applicant is applying f0r a non-retail license, a retail bona fide public eating place license, a �il license iuued for a hotel, motel or other lodging estabflshment as·defined in Section 25503.16(b} B&P, or a retail license issued in conjuction with a beer manufacturer's ficense, or winegrower's license, advise the applicant to oomplate Section 2 and bring the completed form to ABC when filing the applleation or as soon as r,ossible thereafter.
,-, � c. If ·nr is c;llecked in either item #11 or item #19, and the applicant is applying for an off-sale beer and wine license, an off-sale general license, 41n on sale beer lk:ense, an on�ale beer and wine (public premises} license, an on-sale general (public premises) license, or an on-sale general music venue llcenH, advise the aru,,l{cant to takg this �rm to the foes/ qoveminq bodv, or its designated subordinate officer or body to have them complete Section 3.

The completed form wilt need tc be prov ed to ABC In order to process the application.

Governing Body/De$1gnated Subordinate Name:

FOR DEPARTMENT USE ONLY
PREPARED SY (NlmeOI � En1)1oy9eJ

MARICELA MA TA
ABC-245 (rev. 03-23)
'

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Request for approval from the city of Indio City Council for a certifica... Page 220 of 230 PART 2. TO BE COMPLETED BY THE APPLICANT (If box #20b is checked) 21 . Based on the Information on the reverse, the Department may approve your application If you ~n show that publlc <:°nvenl~nce or In necessity would be served by the issuance of the license. Please descnbe below the reasons why issuance of another license 1s Justified this area. You may attach a separate sheet or additional documention, if desired. Do not proceed to Part 3.

22. APPLICANT SIGNAl\JRE 23 DA TE SIGNEO
PART 3 • TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a liiglier than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the B"usiness and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 clays of notification of a completed application that public convenience or necessity would be served by the issuance.

Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed letter on official letterhead staling whether or not the issuance of the applied for license would serve as a public convenience or necessity. 24 WIU PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? - ~
Yes '--' No .....; See Attached (I.e .. letter, resolution, etc.)

25. AOOrrlONAL COMMENTS. IF DESIREO (may Include reasons for app,oval 0< deoial of public convenience 0< neco111ty) 26 CITY/COUNTY OFFICIAL NAME 27 CITY/COUNTY OFFICIAL TITLE 28 CITY/COUNTY OFFICIAL PHONE NUMBER 29 CITY/COUNTY OFFICIAL SIGNAl\JRE 30 DATE SIGNEO
ABC-245 REVERSE (rev. 03-23)

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Request for approval from the city of Indio City Council for a certifica... Page 221 of 230 City of Indio
City Council
May 1, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Request for approval from the City of Indio City Council for a Certificate of Public Convenience or Necessity for a Type 90 On-Sale general music venue license for Chavez Events Corp, (Case File No. PLAN-PCN-24-0003) located at 83-085 Indio Boulevard, Indio, CA 92201

RECOMMENDATION:

Approve the application for a Certificate of Public Convenience or Necessity (Case File PLAN-PCN- 24-0003).

SUMMARY:

On February 01, 2024, Linda Lopez, on behalf of Chavez Events Corp, filed an application with the Community of Certificate a of requesting the Public Department Development approval Convenience or Necessity for a Type 90 On-Sale General –Music Venue license from the California Department of Alcoholic Beverage Control (ABC) to authorize the sale of beer, wine, and distilled spirits for on-site consumption at 83-085 Indio Blvd. Indio, CA 92201.

BACKGROUND INFORMATION:

On January 7, 2024, the applicant submitted an application to the California Department of Alcoholic Beverage Control (ABC) for a Type 90 On-Sale General – Music Venue liquor license for an event space located at 83-085 Indio Blvd Indio, CA 92201 to allow for the sale of beer, wine, and distilled spirits for on-site consumption.

On January 21, 2024, ABC determined that the subject property was within a geographical area defined as an area of “undue concentration” meaning that the number of licenses for the sale of alcoholic beverages exceeds the amount that is permitted by ABC within the census tract that the business is located in. Currently, Census Tract 495.02 is authorized by ABC for four (4) on-sale and two (2) off-sale licenses. In cases of undue concentration, ABC is required to deny an application for a license if the issuance of a license would result in or add to an “undue concentration” of licenses.

ANALYSIS

State Regulations – Undue Concentration of Liquor Licenses:

AGENDA ITEM #11.2
Request for approval from the City of Indio City Council for a Certifica... Page 222 of 230

California Code, Business and Professions Code - BPC § 23958.4 specifies the following:

(b) Notwithstanding Section 23958, the department may issue a license as follows:

General Plan, Zoning, and Existing Land Uses:

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Request for approval from the City of Indio City Council for a Certifica... Page 223 of 230 (20) establishments within Census Tract No. 495.02 that have active ABC-issued on-sale and off- sale liquor licenses as specified in Table 1:

TABLE 1

SUMMARY OF CONCENTRATION OF ABC LICENSES
CENSUS TRACT 495.02

# License Type Business Name Address Status
1 41 Taqueria Ixtlan
83233 Indio
Boulevard, Suite
1A-2
Active
2 47 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
3 77 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
4 58 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
5 47 CIE Sichuan
Cuisine
45682 Towne
Street Active
6 47
Applebee’s
Neighborhood
Grill & Bar
82894 Highway
111 Active
7 58 El Mexicali Cafe 82720 Indio
Boulevard Active
8 47 El Mexicali Cafe 82720 Indio
Boulevard Active
9 77 El Mexicali Cafe 82720 Indio
Boulevard Active
10 41 CV BBQ Inc. 83214 Requa
Avenue Active
11 64
Desert
Theaterworks
Corporation
45175 Fargo
Street Active
12 41
Valentino’s
Seafood Bar &
Grill
83085 Indio
Boulevard Active
13 47 El Tapatio
Restaurant
83161 Indio
Boulevard Active
14 40 Avenida Music 82707 Miles
Avenue Active
15 47 China Bistro 45765 Towne
Street Active
16 47 Indio Taphouse 82867 Miles
Avenue Active
17 68 Indio Taphouse 82867 Miles
Avenue Active
18 58 Indio Taphouse 82867 Miles Active

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Request for approval from the City of Indio City Council for a Certifica... Page 224 of 230

TABLE 1

SUMMARY OF CONCENTRATION OF ABC LICENSES
CENSUS TRACT 495.02

Avenue
19 48 High Voltage @
the 5
82971 Bliss
Avenue Active
20 41 Victorias Cafe 82720 Miles
Avenue Active

SURROUNDING LAND USES

The project site is generally surrounded by the Downtown Neighborhood (DT-N) zoning designation.

POLICE DEPARTMENT BACKGROUND CHECK INVESTIGATION

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Request for approval from the City of Indio City Council for a Certifica... Page 225 of 230 for the new event space. Furthermore, IPD, in partnership with ABC, will enforce the laws related to the sale of alcohol from the proposed establishment.

PUBLIC CONVENIENCE OR NECESSITY (PCN) DETERMINATION

Findings:

I.The proposed use is consistent with the General Plan and Development Code.

II.The proposed use is compatible with the nature, condition, and character of adjacent land uses.

III.The proposed use would not have an adverse effect on adjacent land uses.

The subject property is located along Indio Boulevard near its intersection with Civic Center Drive and Jackson Street within the City’s Downtown. The adopted Downtown Specific Plan specifies the following vision for Downtown Indio: “Downtown Indio is a place for everyone; a human-scaled, urban center of activity concentrating community, culture, and commerce in a vibrant, walkable, mixed-use environment.” Further, Goal 2 of the Plan specifies the following goal for Downtown:

Goal 2: Lively selection of nightlife, entertainment, and recreation options:

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Request for approval from the City of Indio City Council for a Certifica... Page 226 of 230 IV.The proposed use would not result in an excessive number of similar establishments in close proximity.

Conclusion:

PUBLIC NOTICE

ATTACHMENTS:

Attachment1_Vicinity Map
Attachment2_ABC Application

APPROVAL(S):

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Request for approval from the City of Indio City Council for a Certifica... Page 227 of 230 Vicinity Map
83-085 Indio Blvd
Indio, CA 92201

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Indio City CouncilMay 1, 2024

Indio City Council
May 1, 2024