Construction contract with Ames Construction, Inc., in an amount not to ... Page 251 of 262
C-46
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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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C-47
City Project: BR1101 City of Indio Public Works
Federal Project No.: BRLKS-5275(024)
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
Construction contract with Ames Construction, Inc., in an amount not to ... Page 253 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan Montgomery, Executive Director
Subject: Consider request by Herb Lundin for a Transient Occupancy Tax (TOT) tax- sharing agreement for Woodspring Suites Hotel located at 42525 Jackson Street in Indio.
RECOMMENDATION:
Staff does not recommend entering into a tax-sharing agreement for this project.
SUMMARY:
Herb Lundin is the developer and owner of the recently-completed Woodspring Suites Hotel and he is requesting that the City Council consider a Transient Occupancy Tax (TOT) where 50% of the TOT tax paid by the Hotel to the City would be remitted back to Mr. Lundin for a period of years .
BACKGROUND INFORMATION:
Attached is a brief letter from Mr. Lundin explaining various unforeseen costs in the construction and development of the Woodspring Suites Hotel that have lead to him making this request. The City Council has previously indicated a desire to consider TOT tax-sharing agreements only for a "4 or 5 star" hotel. Mr. Lundin was informed of that direction before construction and that his hotel (2-3 star) is not likely to receive approval for a tax-sharing agreement; however, he requested that he have the opportunity to explain his circumstances and is hopeful the City Council will provide direction to Staff to bring back a tax-sharing agreement at a future meeting for formal consideration.
ALTERNATIVES:
Direct staff to prepare a TOT tax-sharing agreement to be brought back to the City Council for final consideration.
ATTACHMENTS:
Attachment 1 - HLundin email
AGENDA ITEM #7.1
Consider request by Herb Lundin for a Transient Occupancy Tax (TOT) tax-... Page 254 of 262
Consider request by Herb Lundin for a Transient Occupancy Tax (TOT) tax-... Page 255 of 262 City of Indio
City Council
May 15, 2024
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham, City Attorney
Subject: Ordinance No. 1811, an Ordinance of the City Council of the City of Indio, California, Adding Chapter 133 to the Indio Municipal Code Related to Catalytic Converters
RECOMMENDATION:
It is respectfully recommended that the City Council: Introduce by Title Only and Waive Full Reading of Ordinance No. 1811 and Direct the City Clerk to Place the Ordinance on the Next Regular Meeting Agenda’s Consent Calendar for Second Reading and Adoption.
SUMMARY:
Catalytic converter thefts have been a significant issue in many parts of California, including Riverside County and the City of Indio. The main reasons behind this trend, and the challenges local jurisdictions face, include: Valuable Metals: Catalytic converters contain precious metals like platinum, palladium, and rhodium, which can fetch a high price when sold as scrap metal. As the prices of these metals have risen on global markets, so has the incentive to steal the devices. Easy to Remove: With the right equipment, thieves can quickly remove a catalytic converter from the underside of a vehicle, often in under a few minutes. This speed makes it challenging for law enforcement or witnesses to catch thieves in the act. Lack of Identification: Catalytic converters are not typically marked with a vehicle identification number (VIN) or another unique identifier, making them hard to trace back to a specific vehicle. This lack of traceability makes it difficult for law enforcement to prove a specific converter was stolen or to return recovered converters to their rightful owners. Resale Market: There's a thriving resale market for stolen catalytic converters, both domestically and internationally. Unscrupulous scrap metal dealers might not ask questions about the origins of the converters, making it easier for thieves to sell them. Limited Law Enforcement Ability: The rapid nature of the thefts and the challenges in tracking stolen converters further complicate enforcement efforts. Vehicle Vulnerability: Some vehicle models are more susceptible to catalytic converter theft due to their design. For instance, trucks and SUVs are often targeted because their higher clearance makes it easier for thieves to get underneath. Owners of these vehicles are, therefore, at a heightened risk. Public Awareness: While the issue has received attention, many vehicle owners might not be aware of the risk or the preventative measures they can take to protect their vehicles such as etching their catalytic converters to aid in identification. To combat this growing problem, the County of Riverside has adopted a new ordinance prohibiting the unlawful possession of catalytic converters. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the County and to provide local law enforcement with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. The City of Indio may consider adopting this ordering locally to ensure that there is uniformity of enforcement across jurisdictions.
AGENDA ITEM #7.2
Ordinance No. 1811 , an Ordinance of the City Council of the City of Ind... Page 256 of 262
ATTACHMENTS:
Attachment 1 - Ordinance No. 1811: Catalytic Ordinance
Attachment 2 - Ordinance Exhibit A
APPROVAL(S):
Brian Tully, Assistant Chief of Police Approved - 25 Apr 2024 Sabdi Sanchez, City Clerk Administrator Approved - 26 Apr 2024 Bryan H. Montgomery, City Manager Approved - 26 Apr 2024
Ordinance No. 1811 , an Ordinance of the City Council of the City of Ind... Page 257 of 262 ORDINANCE NO. 1811
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADDING CHAPTER 133 TO THE INDIO MUNICIPAL CODE RELATED TO
CATALYTIC CONVERTERS
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. MUNICIPAL CODE AMENDMENT – CHAPTER 133
Chapter 133 of the Indio Municipal Code is hereby added to read as provided in the attached Exhibit A.
Section 2. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days following its adoption.
Section 4. PUBLICATION AND POSTING. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
Section 5. CEQA. The City Council has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act because it can be seen with certainty that the adoption of this Ordinance will have no effect on the environment.
PASSED APPROVED AND ADOPTED this ________ day of _____________, 2024. ___________________________________
Lupe Ramos Amith, Mayor
ATTEST:
____________________________
Sabdi Sanchez, CMC
Ordinance No. 1811 , an Ordinance of the City Council of the City of Ind... Page 258 of 262 City Clerk Administrator
Ordinance No. 1811 , an Ordinance of the City Council of the City of Ind... Page 259 of 262 Exhibit “A”
Chapter 133
Unlawful Possession of a Catalytic Converter
133.010 Findings and Purpose.
133.020 Definitions.
133.030 Unlawful Possession of a Catalytic Converter.
133.040 Violation and Enforcement.
133.010 Findings and Purpose.
The City Council of Indio finds that the theft of catalytic converters has been an increasing problem in Indio in recent years. In Riverside County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.
Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City, in conjunction with the County of Riverside and other surrounding cities, a means to protect the public, deter this criminal activity and promote a more productive use of Indio resources. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. 133.020 Definitions.
As used in this ordinance, the following terms shall have the following meanings:
(a) “Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.
(b) “City” means the City of Indio.
(c) “Council” means the City Council of Indio.
(d) “Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:
Ordinance No. 1811 , an Ordinance of the City Council of the City of Ind... Page 260 of 262
1. Bill of sale from the original owner with photographs.
2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated.
5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner.
(e) Lawful Possession. This term includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an Unlawful Possession.
(f) Enforcement Officer. The Sheriff, the City Manager, Code Enforcement, or Building Official, and any of their designees.
133.030 Unlawful Possession of a Catalytic Converter.
Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached and an operable part of a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter. (a) This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
(b) It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.
(c) Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
133.040 Violation and Enforcement.
Ordinance No. 1811 , an Ordinance of the City Council of the City of Ind... Page 261 of 262 (a) Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year. The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Code shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this Code within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(b) State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters. (c) Administrative Citations. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an administrative citation in the manner described in Chapter 12 of this Code.
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