Indio City Council
November 20, 2024

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or agents are in any manner officials, officers, employees or agents of City.

(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully and, competently and to the best of its ability, experience and talent, perform all Services . In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consu ltant has obtained or shall promptly obtain all necessary licenses to perfor m the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 11. PREVAILING WAGE LAWS.
(a) Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless fo rm any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

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(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construc tion" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services

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under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

(b) Consultant, its officers, employees, agents or subcon sultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information conce rning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.

(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs,

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(collectively "Claims") that arise out of, pertain to, or relate to, the negligence, recklessness or willful misconduct of by Consultant, its officers, agents, employees , representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the negligence , recklessness, or willful misconduct of the Indemnified Parties or any third parties not under contract with or control of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.

(b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 17. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement.

City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation,

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the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.

(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.

(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be req uired to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under th is Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 21. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons

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for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Indio
Attn: City Manager
100 Civic Center Drive
Indio, CA 92201

To Consultant: EN Engineering, LLC
Attn: Jory Wolf
3105 Mountain Park Drive
Calabasas, Ca 91302

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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Co nsultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Indio Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEY’S FEES, COSTS AND EXPENSES.

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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 reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

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Time is of the essence for each and every provision of this Agreement.

SECTION 36. FEDERAL FUNDS.

In the event the Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Addendum “2” “Federal Funds.” SECTION 37. LIMITATION OF LIABILITY

NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE

CONTRARY, NEITHER CITY NOR CONSULTANT SHALL BE LIABLE TO THE OTHER

FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR

CONSEQUENTIAL DAMAGES, WHETHER FORESEEN OR KNOWN IN ADVANCE BY

EITHER PARTY, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR OTHER

LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE,

FINANCING, FUNDING, BONDING, USE, PRODUCTIVITY OR EFFICIENCY,

BUSINESS, EQUIPMENT OR FACILITY INTERRUPTION, INEFFICIENCY OR SHUTDOWN, AND DAMAGE TO BUSINESS REPUTATION. THE TOTAL AND

AGGREGATE LIABILITY OF CONSULTANT FOR ANY AND ALL CLAIMS, LOSSES,

LIABILITIES, DAMAGES, JUDGMENTS AND AWARDS ARISING OUT OF OR

RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE

GREATER OF THE APPLICABLE INSURANCE LIMITS REQUIRED TO BE MAINTAINED BY CONSULTANT UNDER THIS AGREEMENT OR $5,000,000.

[SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR FIBER CONSULTING SERVICES
BETWEEN THE CITY OF INDIO AND EN Engineering, LLC

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By: ______________________________
Patrick Carr
Senior Vice President

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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City of Indio July 25, 2024

Statement of Work
PHASE 1: KICK-OFF MEETING AND PROJECT

MANAGEMENT PLAN
Our team will begin the project by conducting a project kickoff meeting to review project objectives, goals, and tasks. We will provide a schedule for all tasks, deliverable dates, progress reports, and other milestones to ensure alignment of our team with yours and that the final deliverables will meet your expectations. This meeting will also give us the opportunity to begin collecting information from the City of Indio about the project’s background, as well as to request additional information and plan for future tasks. EN will coordinate with appropriate City staff for all the project meetings. We will complete at a minimum the following meetings:
• One kick-off meeting with Project Team
• Weekly or monthly meetings and written status reports to City’s Representative • Meetings with City departments and representatives
• Report of findings and recommendations to City Leadership Deliverables: Consultant’s Detailed Schedule of Activities PHASE 2: WIRELESS FIELD SURVEY
EN’s team or local subcontractor will undertake field surveys in the public right-of-way along certain major commercial corridors within the City to collect data for evaluating 4G and 5G cellular services. The survey data will be mapped and will include:
• Current service levels of cellular carriers to be included in an analysis of coverage and gaps
• Locating and mapping of all public rights-of-way
• Analyzing Radio Frequency (RF) strength in the public right-of-way on all major arterials, gate houses, riding arenas, City Hall and residential homes as is feasible • Mapping of existing wireless telecommunications facilities by location and elevation • Mapping of existing City-owned vertical assets that could be considered for locating wireless telecommunications facilities Deliverables: Wireless coverage assessment map
Deliverables: Wireless coverage assessment map

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City of Indio July 25, 2024

PHASE 3: DATA COLLECTION AND WIRELESS NETWORK

CONCEPTUAL DESIGN
Data collected from the field surveying will be used to create a detailed GIS map that identifies preferred locations for placement of wireless facilities. The map will include all arterial roads, existing vertical infrastructure, public buildings, utility poles, public poles and other infrastructure that might be used for improving access to wireless resources and internet delivered/enabled services for all Indio’s residents.

The map will incorporate all existing identified telecommunications facilities and existing features that should be maintained in place or adjusted to grade. Locations for new facilities will be based on our analysis of current service coverage gaps and will prioritize locations that are the least aesthetically intrusive, avoiding sensitive residential deployments where possible.

The site identification and prioritization will be used to inform the design of the wireless network, including a phased implementation plan and models for deployment. Our team will map each of the categorized locations in EN’s GIS software to gain an understanding of where wireless Page 5 infrastructure can be deployed to have maximum impact and to assess the level of investment that will be required.

We will then create a wireless network design for serving the needs of the City, its residents, businesses, and anchor institutions. We propose to utilize any existing conduit, fiber, facilities and other assets including, street light poles, traffic signal poles, utility poles and traffic signal cabinets as a foundation to develop the network. The network design will include an in-depth evaluation of wireless coverage.

The mapping will be conducted using standard GIS software. PDFs of the mapping will also be included in the final Wireless Feasibility Study.

Deliverables: Wireless network conceptual design
PHASE 4: WIRELESS TECHNOLOGY OPTIONS AND
COSTS
Based on the network design, we will evaluate a range of wireless technology options for the network. This determination will be based on specific technology requirements such as secure networking features, on prem and cloud solutions. In addition, supporting components, software and third-party solutions will be presented based on the range of uses identified. The evaluation will include considerations for the cost and level of effort that would be required.

We will review all available assets and infrastructure to support the attachment of antennae’s and other supporting equipment. These will include potential use of the right-of- way, conduit and fiber-optic systems (current and planned), above ground tanks, status and space on traffic signal, streetlight and utility poles.

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City of Indio July 25, 2024

Our team will evaluate and recommend network architecture (private and public networks) and technology choices based on the City’s overall wireless goals and in support of the findings. Any network the City of Indio invests in must be scalable and must meet immediate objectives while providing significant upgrade capabilities.

We will identify all required hardware, software and professional services costs and provide a timeline for investment based on the size and length of buildout. Our consulting team will identity and recommend potential project vendors that could assist in the implementation and operations of the wireless network. All cost estimates will include capital expenses and operational expenses.

The Study will outline all operational and technical requirements to operate and support the network. We will also identify key roles and skill sets required to oversee an operational the City wireless network by contracted resources.

Deliverables: Technical memo on technologies and costs
PHASE 5: WIRELESS FEASIBILITY STUDY

DEVELOPMENT AND APPROVAL PROCESS
Having analyzed the various assets, gaps, opportunities, technologies, business models and financial implications with Indio’s EN will provide results and recommendations from a Wireless Feasibility Study that has the following attributes:
• Addresses use cases
• Phased approach for deployment identifying near- and long-term benefits for the community
• Options for deploying wireless technologies and infrastructure that is supported by the City of Indio’s existing assets
• Operational and business approach based on the needs and capabilities of the City of Indio
• Financially prudent, sustainable, and designed for success EN will deliver its final report and recommendations that will provide details and costs to connect wireless technology throughout needed areas of the City. All information gained throughout the project will be utilized to support the recommendations of developing a sustainable wireless initiative. Our report will address each area of the study and provide information and analyses that support the recommendations for wireless deployment. We will also be available to present our findings and recommendations to Leadership.

PROJECT MANAGEMENT
EN will coordinate with appropriate Indio staff for all of the project meetings. We will complete at a minimum the following meetings:
• One kick-off meeting with Project Team
• Monthly meetings and written status reports to Indio’s Representative • Presentation to Indio Leadership.

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City of Indio July 25, 2024

PHASE 6: TECHNICAL GRANT ASSISTANCE (OPTIONAL)
EN will assist the City in preparing technical documents for one of the following grants including U.S. Economic Development Administration (EDA), California Advanced Services Fund (CASF) or BEAD. EN will coordinate with the City to ensure that materials are prepared in a timely manner for submittal. This may include coordinating collection of letters of support, project narratives, letters of resolution for support and matching funds, technical documents, and other required information per the guidelines of the grant.

Our team will be responsible for providing a high-level design and corresponding costs to be used in the application. The high-level design will be used for detailed price estimates for low level design, construction, project management, construction management and equipment and materials. The high-level design will be the basis for development of technical materials as required by grant applications, which includes narratives about the network design, deployment strategy, and costs.

PHASE 7: GRANT WRITING SERVICES FROM LEARN

DESIGN APPLY (OPTIONAL)
The City will contract grant writing services directly from Learn Design Apply (LDA) to assist with developing grant application narratives for the City’s selected grant program. EN and LDA have jointly assisted over two dozen public agencies in applying for and receiving CA Local Agency Technical Assistance (LATA) grants and assisted a dozen agencies in applying for the CA Last Mile Funding Account Program (FFA).

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City of Indio July 25, 2024

Project Timeline
◆ Ongoing Task
 Final Deliverable
PHASE
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Phase 1: Kick-off Meeting
and Project Management
Plan
◆ 
Phase 2: Wireless Field
Survey ◆ ◆ 
Phase 3: Data Collection
and Wireless Network
Conceptual Design
◆ ◆ 
Phase 4: Wireless
Technology Options and
Costs
◆ ◆ 
Phase 5: Wireless
Feasibility Study
Development and
Approval Process
◆ 
Project Management ◆ ◆ ◆ ◆ ◆ 
Phase 6: Technical Grant
Assistance (Optional)
Timing based on grant
program – 2 month
duration

Phase 7: Grant Writing
Services from Learn
Design Apply (Optional)
Timing based on grant
program – 2 month
duration

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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City of Indio July 22, 2024

Price Proposal
The total cost to the City of Indio is $73,300 and includes all work to be completed by EN as stated in this Proposal. Labor costs are $71,300 and travel and expenses will not exceed $2,000. EN will bill the client in six (6) equal monthly payments of $11,883.33. Travel and expenses will be billed as actuals as incurred. EN will bill on the first day of the month for the current month’s services. Invoices are payable on net 30 terms from the date of invoice. If selected, optional services for Phase 6: Technical Grant Assistance will be billed in two (2) equal payments of $11,800 starting in the first month that services are provided.

The City will contract directly with Learn Design Apply for Phase 7: Grant Writing Services.

Description Total
Phase 1: Kick-off Meeting and Project Management Plan $3,000 Phase 2: Wireless Field Survey $8,850
Phase 3: Data Collection and Wireless Network Conceptual Design $14,750 Phase 4: Wireless Technology Options and Costs $17,700
Phase 5: Wireless Feasibility Study Development and Approval Process $17,700 Project Management $9,300
Travel and Expenses (Not to Exceed) $2,000
Project Total $73,300
Optional Phases
Phase 6: Technical Grant Assistance (Optional) $23,600
Phase 7: Grant Writing Services from Learn Design Apply (Optional) $20,000 Options Total $43,600

Professional Services Agreement between the City of Indio and EN Enginee... Page 166 of 215 5G Wireless Plan and Grant Assistance Proposal Page 19

City of Indio July 25, 2024

Table 1. Hourly rates for work by position
Position Description Rate
Principal (SVP/VP) $325.00
Project Executive (Director) $262.50
State - Licensed Professional Engineer $262.50
Sr. Broadband Consultant $210.00
Broadband Consultant $175.00
Sr. Project Manager - Implementation $195.00
Project Manager - Implementation $165.00
GIS Manager $150.00
GIS Analyst $105.00
Senior Grant Manager $145.00
Grants Analyst $120.00
Design Technician I $100.00
Design Technician II $115.00
Senior Design Technician $135.00
Design Manager $165.00
Field Engineer $100.00
Project Coordinator/Analyst $90.00
Permitting Coordinator $100.00
Make Ready Engineer $135.00
Sr. Construction Manager $175.00
Construction Manager $155.00
Inspector $140.00
Network Engineer $160.00

Professional Services Agreement between the City of Indio and EN Enginee... Page 167 of 215

IND-PSA rev20221214
Addendum 1 - Insurance
Page | 1
ADDENDUM “1”

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

Professional Services Agreement between the City of Indio and EN Enginee... Page 168 of 215

IND-PSA rev20221214
Addendum 1 - Insurance
Page | 2
coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

Professional Services Agreement between the City of Indio and EN Enginee... Page 169 of 215

IND-PSA rev20221214
Addendum 1 - Insurance
Page | 3
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Professional Services Agreement between the City of Indio and EN Enginee... Page 170 of 215

IND-PSA rev20221214
Addendum 2 – Federal Funds
Page | 1
ADDENDUM “2"

FEDERAL FUNDS

Professional Services Agreement between the City of Indio and EN Enginee... Page 171 of 215 City of Indio
City Council
November 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Steven Graham Pacifico, City Attorney
Subject: Ordinance No. 1819, Amending Section 10.10 of the Indio Municipal Code

RECOMMENDATION:

Staff recommends that the City Council take the following actions regarding the Ordinance: (1) Introduce Ordinance No. 1819, entitled: “An Ordinance of the City Council of the City of Indio Amending Section 10.10 of the Indio Municipal Code” (2) Waive the full reading of the ordinance and introduce it by title only, in accordance with standard City Council procedures, and (3) Schedule the ordinance for a second reading and adoption at the next regularly scheduled City Council meeting.

SUMMARY:

The Ordinance proposes an amendment to Section 10.10 of the Indio Municipal Code to grant the City Clerk authority to correct minor typographical, clerical, and grammatical errors and make necessary adjustments to numbering, formatting, and internal references within the Code. These adjustments are strictly non-substantive, ensuring they do not change the intended meaning or application of the ordinance. This amendment seeks to streamline administrative processes and maintain clarity and accuracy in the Municipal Code.

BACKGROUND INFORMATION:

Section 10.10 of the Indio Municipal Code currently does not allow the City Clerk to independently make corrections to all errors in the Code or cause the Code to be renumbered for administrative efficiency. This limitation can result in delays and require Council action for non-substantive corrections. This Ordinance addresses the issue by empowering the City Clerk to make these corrections, provided they are purely administrative. Specifically, the City Clerk would be able to correct manifest errors, including spelling mistakes, omissions of words, or incorrect references, as well as adjust formatting inconsistencies.

ATTACHMENTS:

Attachment 1 - Ordinance No. 1819

APPROVAL(S):

Sabdi Sanchez, Director of City Clerk Services Approved - 06 Nov 2024 Bryan H. Montgomery, City Manager Approved - 07 Nov 2024 AGENDA ITEM #11.1
Ordinance No. 1819 , Amending Section 10.10 of the Indio Municipal Code ... Page 172 of 215

Ordinance No. 1819 , Amending Section 10.10 of the Indio Municipal Code ... Page 173 of 215 ORDINANCE NO. 1819

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF INDIO AMENDING SECTION 10.10 OF THE INDIO

MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:

SECTION 1. MUNICIPAL CODE UPDATE.

Section 10.10 of the Indio Municipal Code is hereby amended to read as follows:
§ 10.10 ERRORS AND OMISSIONS.
(A) The City Clerk is hereby authorized, without further action by the City Council, to correct any typographical, clerical, or grammatical errors in the Code. Such corrections shall not alter the substance or meaning of the ordinance. The City Clerk is further authorized, without further action by the City Council, to make modifications to the numbering, formatting, and internal references in this Code, as may be necessary to ensure consistency. This may include renumbering sections, subsections, paragraphs, and cross-references, provided that no substantive changes are made.
(B) If a manifest error is discovered consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

SECTION 2. CEQA FINDING.

The City Council determines that the provisions of this ordinance are exempt from the California Environmental Quality Act (“CEQA”) because City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.

SECTION 3. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.

Ordinance No. 1819 , Amending Section 10.10 of the Indio Municipal Code ... Page 174 of 215 SECTION 4. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after adoption.

SECTION 5. PUBLICATION.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be published in the manner required by law.

Ordinance No. 1819 , Amending Section 10.10 of the Indio Municipal Code ... Page 175 of 215 City of Indio
City Council
November 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Conflict: Yes Member: Elaine Holmes
Subject: Approval for a Certificate of Public Convenience or Necessity (Case File No.

PLAN-PCN-24-0005) for a Type 42 On-Sale Alcohol License issued by the California Department of Alcoholic Beverage Control (ABC) for Rosemary Hi- Fi, a proposed bar facility located at 45120 Oasis Street, Indio, CA 92201 (Assessor’s Parcel Number 611-172-003).

RECOMMENDATION:

Approve Certificate of Public Convenience or Necessity (Case File PLAN-PCN-24-0005).

SUMMARY:

On August 29, 2024, Adrian Romero, on behalf of Rosemary Hi-Fi, LLC, filed an application with the Community Development Department requesting a Certificate of Public Convenience or Necessity for a Type 42 On-Sale Alcohol License from the California Department of Alcoholic Beverage Control (ABC). This license would authorize the sale of beer and wine for on-site consumption at 45120 Oasis Street, Indio, CA 92201 (Assessor’s Parcel Number 611-172-003).

BACKGROUND INFORMATION:

The Applicant submitted an application to the California Department of Alcoholic Beverage Control (ABC) for a Type 42 On-Sale Liquor License to authorize the sale of beer and wine for consumption on or off the premises where sold at a new bar in the City of Indio located at 45120 Oasis Street, Indio, CA 92201 (Assessor’s Parcel Number 611-172-003).

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 licenses and two (2) off- sale liquor 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 #12.1
Approval for a Certificate of Public Convenience or Necessity (Case File... Page 176 of 215

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 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) (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off- sale retail licenses to 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, and has a current zoning designation of Downtown Neighborhood (DT-N) with a Retail Ready Overlay (RR-O) per the adopted Downtown Specific Plan. The new bar is located on the east side of Oasis Street.

As previously noted, 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 licenses and two (2) off-sale

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 177 of 215 liquor licenses. There are currently nineteen (19) 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 ON-SALE 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
Indio 83011
Boulevard Active
3 77 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
4 58 Rincon Norteno
Restaurant
83011 Indio
Boulevard Active
5 42 High Voltage @
The 5
82971 Bliss
Avenue Active
6 47
Applebee’s
Neighborhood
Grill & Bar
82894 Highway
111 Active
7 41 Victorias Cafe 82720 Miles
Avenue Active
8 58 El Mexicali Cafe 82720 Indio
Boulevard Active
9 47 El Mexicali Cafe 82720 Indio
Boulevard Active
10 77 El Mexicali Cafe 82720 Indio
Boulevard Active
11 47 China Bistro 45765 Towne
Street Active
12 41 CV BBQ Inc. 83214 Requa
Avenue Active
13 64
Desert
Theaterworks
Corporation
45175 Fargo
Street Active
14 47 El Tapatio
Restaurant
83161 Indio
Boulevard Active
15 47 CIE Sichuan
Cuisine
45682 Towne
Street Active
16 40 Little Street Music
Hall/Encore Cafe
Miles 82707
Avenue Active
17 47 Indio Taphouse 82867 Miles
Avenue Active

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 178 of 215

TABLE 1

SUMMARY OF CONCENTRATION OF ON-SALE ABC LICENSES
CENSUS TRACT 495.02

18 68 Indio Taphouse 82867 Miles
Avenue Active
19 58 Indio Taphouse 82867 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 80.9 while the percent of the population 65 and over is 13.5.

SURROUNDING LAND USES
The project site is generally surrounded by Downtown Core (DT-C) and Downtown Neighborhood (DT-N) zoning designations. Neighboring parcels also contain the Retail Ready Overlay (RR-O) which requires properties to maintain flexibility 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 Core
(DT-C) 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, Indio Public Works Department, the Indio Water Authority, and the Riverside County Fire Department. Community Development Staff only received comments from the Indio Police Department. The Indio Police Department (IPD) conducted a review of the application and a background investigation of the applicant IPD reported that Mr. Adrian Romero completed and passed the background check as of October 28, 2024. Therefore, IPD is not recommending any specific conditions of approval associated with this request and did not specify any law enforcement

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 179 of 215 related concerns for the music hall and bar. 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 bar in the Downtown Core 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. The new bar property is adjacent to a commercial building to the north that is zoned Downtown Core (DT-C) and is surrounded to the south, west, and east by commercial buildings that are zoned Downtown Neighborhood (DT-N). The DT-C zone is characterized by lively pedestrian-oriented retail, restaurant, and service businesses while the DT-N zone is a less intense and more flexible urban environment. The intent of this zoning designation is to concentrate a more active ground-floor environment into the historic core along Miles Avenue. The inclusion of the new bar is consistent with the pedestrian-oriented retail business activation outlined in the DT-C.

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

The subject property is located along Oasis Street near its intersection with Miles Avenue and is near the core of 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, night life, 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 bar 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

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 180 of 215 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.

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 42 On-Sale Liquor License and cultural viable a establishment the of would LLC Hi-Fi, Rosemary for support 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 42 Liquor License for Rosemary Hi-Fi, LLC located at 45120 Oasis Street, Indio, CA 92201 (Assessor’s Parcel Number 611-172-003).

PUBLIC NOTICE

On November 8, 2024, the City Clerk Administrator published a legal notice of public hearing in the Desert Sun, the newspaper of record.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Floor Plan
Attachment 3 - Copy of Pending Application to ABC

APPROVAL(S):

Carl S. Morgan, Interim Dir. Of Community Development Approved - 07 Nov 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 13 Nov 2024 Ruby D. Walla, Director of Finance Approved - 13 Nov 2024 Bryan H. Montgomery, City Manager Approved - 14 Nov 2024

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 181 of 215 Vicinity Map
45120 Oasis Street, Indio, CA 92201
(Assessor’s Parcel Number 611-172-003).

Miles Ave
Oasis St
Bliss Ave
Towne St
City Hall
N

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 182 of 215 Floor Plan: Rosemary Hi-Fi
45120 Oasis Street, Indio, CA 92201
(Assessor’s Parcel Number 611-172-003).

Approval for a Certificate of Public Convenience or Necessity (Case File... Page 183 of 215

Approval for a Certificate of Public Convenience or Necessity (Case File...Page 184 of 215

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Approval for a Certificate of Public Convenience or Necessity (Case File... Page 187 of 215 City of Indio
City Council
November 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Jonathan Nicks, Assistant City Manager
Subject: Zoning and Plan Specific Amendment 10470 No. Resolution approving District Amendment, Case File No. PLAN-SP-24-0003, to change the zoning designation of ten parcels (APNs: 611-372-001, 611-372-004, 611-372-005, 611-372-006, 611-372-010, 611-372-012, 611-372-013, 611-372-014, 611-372- 015, and 611-372-016) from Neighborhood General (NG) to Mixed Use Corridor (MU-C) within the Highway 111 Corridor Specific Plan, and CEQA Exemption per 15061(b)(3).

RECOMMENDATION:

Approve Resolution No. 10470 approving Specific Plan Amendment, Case File No. PLAN-SP-24- 0003.

SUMMARY:

The City of Indio has prepared a Specific Plan Amendment and Zoning District Amendment to adjust the zoning for ten parcels (Assessor’s Parcel Numbers 611-372-001, 611-372-004, 611-372-005, 611-372-006, 611-372-010, 611-372-012, 611-372-013, 611-372-014, 611-372-015, and 611-372- 016) located at the southeast corner of Requa Avenue and Flower Street (the “Subject Properties”).

These amendments will be collectively referred to as the “Project.” The Project proposes changes to (1) the Specific Plan Zoning Map and (2) the Zoning District of the Subject Properties, shifting from Neighborhood General (NG) to Mixed-Use Corridor (MU-C). This change would allow for broader land use opportunities, including residential, commercial, and mixed-use development, in alignment with the Highway 111 Corridor Specific Plan and the City of Indio General Plan 2040. The City is sponsoring this Project to provide expanded land use options that enable both residential and commercial development. This amendment is being considered after City staff received input from property owners indicating that the current NG zoning designation may restrict future development and business opportunities. No immediate construction plans are included with this proposed zoning change. The project received a unanimous vote for a recommendation of approval to the City Council at the October 23, 2024 Planning Commission meeting.

BACKGROUND INFORMATION:

On March 28, 2023, property owners approached City staff to inquire about a potential zoning change for their properties from Neighborhood General (NG) to Mixed Use Corridor (MU-C). They expressed concerns that the recently adopted zoning designation within the Highway 111 Corridor Specific Plan (111 CSP) restricted land uses, business opportunities, and limited their ability to develop their properties.

AGENDA ITEM #12.2
Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 188 of 215 The intent of the 111CSP, adopted in September 2022, aims to transform the corridor into a vibrant, mixed-use area that fosters economic development and encourages a variety of residential and commercial uses (111 CSP, Chapter 1, Section 1.1). The plan emphasizes revitalization strategies and public-private partnerships to enhance the corridor's appeal and functionality (111 CSP, Chapter 2, Section 2.1).

The existing NG zoning, as defined in the 111 CSP (Chapter 3, Section 3.4), focuses on maintaining a residential character with limited mixed-use options. This zoning supports lower-intensity development, which the property owners felt restricted their ability to pursue more dynamic uses for their properties. The proposed Mixed-Use Corridor (MU-C) zoning allows for a broader range of uses as shown in Table 3.5-1 Allowed Uses, including higher-density residential, retail, and office spaces, aligning more closely with the goals of the 111 CSP.

A Project consultation with the Planning Commission was conducted on June 14, 2023, during which the property owners reiterated their concerns about the current zoning to the Planning Commissioners. After continued conversations and working with staff to find a zoning designation that best fits their overall vision and goals of their community, staff has prepared the proposed amendments.

LAND USE REVIEW:

The proposed Specific Plan Amendment has been evaluated for compliance with the City of Indio General Plan 2040, Highway 111 Corridor Specific Plan and the applicable sections of the City of Indio Unified Development Code (UDC). In accordance with Section 6.05.03.I of the UDC, the findings outlined below establish that the amendment meets the necessary requirements for approval.

FINDING(S):

Staff proposed the findings that are contained in the Resolution 10470.

CONCLUSION (S):

The Project is consistent with the goals and policies of the City of Indio General Plan 2040, the City of Indio Unified Development Code, and the Highway 111 Corridor Specific Plan. The Project will allow for broader development and business opportunities, enabling mixed-use residential and commercial developments that align with the City's vision for vibrant, pedestrian-friendly urban spaces.

The Project maintains the Mixed-Use Neighborhood (MUN) General Plan designation, and any future development will be subject to the standards set forth in the Highway 111 Corridor Specific Plan and City of Indio Unified Development Code and will require subsequent approvals. The Project supports a connected and active urban environment, balancing land uses and fostering growth within Indio’s established urban structure. Further, the Project meets the criteria outlined in Section 06.05.03 (Specific Plans) of the UDC and complies with all relevant state and local regulations, including CEQA.

ENVIRONMENTAL ASSESSMENT:

FINDING (S):

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 189 of 215 The City of Indio, as Lead Agency, has reviewed the Project pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15002(k), which outlines the three-step process for determining the appropriate CEQA document for a project subject to CEQA, and CEQA Guidelines Section 15061(b)(3), which provides procedures for determining if a project is exempt from CEQA.

The Project is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because there is no possibility that the proposed zoning amendment will have a significant effect on the environment because it is administrative nature. Additionally, the environmental impacts of implementing the Highway 111 Corridor Specific Plan were adequately analyzed in the Final General Program EIR, which was certified by the City Council through Resolution No. 1901 on September 18, 2019.

The Project has been environmentally reviewed pursuant to CEQA and the Guidelines.

Environmental impacts were analyzed, and an Environmental Impact Report was adopted by the City Council for the Highway 111 Corridor Specific Plan on September 21, 2022. The Planning Commission finds that the Project is exempt from CEQA pursuant to 14 C.C.R. Sections 15060(c)(2) and 15061(b)(3) because it is an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment or does not have the potential for causing a significant effect on the environment is not subject to CEQA. There is no evidence that the proposed Highway 111 Corridor Specific Plan amendment will result in a physical change or will have a significant effect on the environment. The proposed zoning amendment would not conflict with the existing General Plan land use designation and will continue to be in compliance with compatible uses previously analyzed in both the City of Indio General Plan Update EIR and with CEQA Section 15183 Findings of Consistency with the General Plan Update EIR that was completed for the Highway 111 Corridor Specific Plan. Therefore, the proposed amendment will not create any significant environmental effects that were not previously analyzed. Therefore, no further review is required.

SENATE BILL (SB) 18 CONSULTATION:

FINDING(S):

In accordance with statutory provisions, the City of Indio submitted a Local Government Tribal Consultation List Request to the Native American Heritage Commission, as required by California Government Code §§65352.3 and 65352.4. On January 5, 2024, Andrew Green of the Native American Heritage Commission provided the City with the list of recipients via electronic mail. The appropriate notices were subsequently sent to the respective tribes on May 6, 2024. The City received no responses or comments from the tribes following the notification.

CONCLUSION(S):

The City of Indio complied with SB 18 by conducting the required consultation with Native American tribes. No comments were received from the tribes following the notification.

PUBLIC HEARING NOTICE:

A public hearing notice for this Project was published in the Desert Sun, the newspaper of record, on November 8, 2024, and notices were mailed to property owners within a 500-foot radius of the subject properties in accordance with Section 6.03.08 of the City of Indio Unified Development Code (UDC). At the time of the publishing of this staff report, staff had not received public comments on this application.

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 190 of 215

ATTACHMENTS:

Attachment 1 - Resolution No. 10740
Attachments 2-5 - Vicinity Maps & Prop Descriptions
Attachment 6 - Memo CEQA NOE - PLAN-SP-24-0003
Attachment 7 - Highway 111 CSP Map Amendment Modified Pages Only

APPROVAL(S):

Jonathan Nicks, Assistant City Manager Approved - 14 Nov 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 14 Nov 2024 Bryan H. Montgomery, City Manager Approved - 14 Nov 2024

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 191 of 215 1 RESOLUTION NO. 10470

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING TO 1) ADOPT AND APPROVE THE SPECIFIC PLAN ZONING MAP AMENDMENT FOR THE HIGHWAY 111 CORRIDOR SPECIFIC PLAN (CASE NO.

PLAN-SP-24-0003) FOR PROPERTIES AT THE SOUTHWEST CORNER OF FLOWER STREET AND REQUA AVENUE ( ASSESSOR’S PARCEL NUMBERS : 611-372-001, 611-372-004, 611-372-005, 611-372-006, 611-372-010, 611-372-012, 611-372-013, 611- 372-014, 611-372-015 AND 611-372-016); 2) AMEND THE ZONING DISTRICT/AREA

OF THE SUBJECT PROPERTIES FROM NEIGHBORHOOD GENERAL (NG) TO MIXED USE GENERAL (MU -G); AND 3) DETERMINE THE PROJECT IS EXEMPT

FROM CEQA REVIEW UNDER THE COMMON SENSE EXEMPTION (CEQA GUIDELINES SECTION 15061(B)(3)).

WHEREAS, on May 6 , 2024, the City of Indio , the “Applicant” initiated an amendment to the Highway 111 Corridor Specific Plan, Case File No. PLAN-SP-24-0003, for a 1) Specific Plan Zoning Map Amendment, and 2) Zoning District/Area for ten (10) parcels located at the southwest corner of Flower Street and Requa Avenue within the City of Indio in Riverside County (Assessor’s Parcel Numbers 611-372-001, 611-372-004, 611-372-005, 611-372-006, 611-372-010, 611-372-012, 611-372-013, 611-372-014, 611- 372-015, and 611-372-016) (“Subject Properties”). These amendments shall be referred to as the “Project”; and

WHEREAS, the Highway 111 Corridor Specific Plan, adopted by City Council through Resolution No. 10326, on September 1, 2022, guides development to create vibrant mixed-use environments along the Highway 111 Corridor, supporting the City’s long-term vision for balanced residential and commercial development; and

WHEREAS, the City of Indio initiated the Project as part of its ongoing efforts to implement the goals of the Highway 111 Corridor Specific Plan, addressing property owners' concerns regarding the limitations of the current Neighborhood General (NG) zoning designation; and

WHEREAS, the Project would amend the 1) Specific Plan Zoning Map and 2) Amend the Zoning District/Area of the Subject Properties from Neighborhood General (NG) to Mixed Use Corridor (MU-C) to allow for broader land use opportunities, including residential, commercial, and mixed -use development, consistent with the Highway 111 Corridor Specific Plan and the City of Indio General Plan 2040; and

WHEREAS, on September 18, 2019, the City Council of the City of Indio adopted Resolution No. 1901 that certified the Final General Program Environmental Impact Report (FEIR) for the Indio 2040 General Plan, which analyzed the environmental impacts associated with implementing the City’s long -term land use strategies, including the development of mixed-use areas within the Highway 111 Corridor; and

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 192 of 215 2 WHEREAS, the environmental impacts of implementing mixed -use development in the Highway 111 Corridor Specific Plan have already been evaluated as part of the 2019 Final General Program EIR, and the proposed zoning amendment complies with the mitigation measures set forth in that document; and

WHEREAS, the Project is categorically exempt from additional environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because the Project itself will not result in any physical changes to the environment; and

WHEREAS, a notice of a public hearing to consider th e Project, was issued in accordance with the State Law and applicable local regulations, including the publication of a legal public hearing notice in the Desert Sun on October 10, 2024, and the mailing of notices to property owners within a 500 -foot radius on October 9, 2024 for the Planning Commission, and on November 8, 2024 for the City Council hearing on the Project; and

WHEREAS, the Planning Commission held a duly noticed public hearing on October 23, 2024, to consider the Project, at which time all interested parties had the opportunity to present evidence, written and oral testimony, and the Planning Commission considered the staff report, public testimony, and other evidence presented at the public hearing.

WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission recommended the approval to City Council for this Resolution for the specific plan amendment to the Highway 111 Corridor Specific Plan (Case File No.

PLAN-SP-24- 0003) the motion vote outcome specified in the meeting minutes for the October 23, 2024, Planning Commission meeting.

WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Resolution for the specific plan amendment to the Highway 111 Corridor Specific (Case File No. PLAN -SP-24-0003) with the motion vote outcome specified in the meeting minutes for the November 20, 2024, City Council meeting.

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

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

SECTION 2 . Environmental Findings . The City Council has independently reviewed the CEQA Notice of Exemption, the staff report, and all written and oral testimony presented at the public hearing. The City Council hereby finds and determines that the Project is exempt from environmental review under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because there is no possibility that the

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 193 of 215 3 proposed zoning amendment will have a significant effect on the environment because it is administrative nature . Additionally, the environmental impacts of implementing the Highway 111 Corridor Specific Plan were adequately analyzed in the Final General Program EIR, which was certified by the City Council through Resolution No. 1901 on September 18, 2019.

The Project has been environmentally reviewed pursuant to CEQA and the Guidelines. Environmental impacts were analyzed, and an Environmental Impact Report was adopted by the City Council for the Highway 111 Corridor Specific Plan on September 21, 2022. The City Council finds that the Project is exempt from CEQA pursuant to 14 C.C.R. Sections 15060(c)(2) and 15061(b)(3) because it is an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment or does not have the potential for causing a significant effect on the environment. There is no evidence that the proposed Highway 111 Corridor Specific Plan amendment will result in a physical change or will have a significant effect on the environment . The proposed zoning amendment would not conflict with the existing General Plan land use designation and will continue to be in compliance with compatible uses previously analyzed in both the City of Indio General Plan Update EIR and with CEQA Section 15183 Findings o f Consistency with the General Plan Update EIR that was completed for the Highway 111 Corridor Specific Plan. Therefore, the proposed amendment will not create any significant environmental effects that were not previously analyzed. Therefore, no further review is required.

SECTION 3. Specific Plan Amendment Findings/ Zoning District/area Amendment Findings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, which are all incorporated herein by reference, the City Council hereby finds that:

1. The proposed Specific Plan Amendment and Zoning District/area Amendment is consistent with the General Plan and all relevant elements.

The Zoning Map and the Zoning District/area change from Neighborhood General (NG) to Mixed Use Corridor (MU -C) is consistent with several goals and policies outlined in the City of Indio General Plan 2040, particularly:

a. Goal LU-1: Citywide Urban Structure
The Zoning Map and the Zoning District/area amendment promotes a cohesive urban structure by facilitating mixed -use developments integrating residential, commercial, and recreational uses along the Highway 111 Corridor. This supports compact urban form and efficient land use.
b. Policy LU-1.3: Contiguous Development
The Zoning Map and the Zoning District/area amendment ensures that development occurs adjacent to existing urbanized areas, fostering a contiguous urban expansion. This policy encourages efficient use of infrastructure and land resources, helping to minimize urban sprawl. c. Goal LU-2: Active Places

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 194 of 215 4 The MU-C designation supports the creation of vibrant and active areas where residents can live, work, and gather. This aligns with the goal of developing active and comfortable spaces that encourage community interaction. d. Policy LU-2.2: Balanced Land Uses
The Zoning Map and the Zoning District/area amendment promotes a balanced land use pattern by allowing for a mix of housing choices, retail options, and employment opportunities. This contributes to a self -sustaining urban environment with easy access to amenities.

2. The proposed Specific Plan Amendment and Zoning District/area Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

The MU-C zoning promotes mixed -use development that supports public health and safety through pedestrian-friendly design and the integration of public spaces.

Additionally, all future projects will be subject to Planning Review to ensure compliance with he alth, safety, and welfare standards set by the Indio Unified Development Code (UDC).

3. The subject property is physically suitable for the requested land uses and site development.

The Subject Properties are located within a key growth area identified in the Highway 111 Corridor Specific Plan and are well-suited for higher-density mixed- use developments. The Zoning Map and the Zoning District/area amendment will enable appropriate land use and development intensity, consistent with the General Plan.

4. The Specific Plan Amendment and Zoning District/area Amendment provides for community benefits beyond those normally required under existing development regulations.

The Zoning Map and the Zoning District/area amendment supports the development of mixed-use spaces that provide a broader range of housing options, enhanced connectivity, and a more vibrant public realm. These benefits exceed those offered under the Neighborhood General (NG) zoning.

a. Goal LU-2: Active Places
By encouraging higher-density and mixed-use developments, the Zoning Map and the Zoning District/area amendment contributes to the creation of active and comfortable public spaces, enhancing the quality of life for Indio residents.

5. The Specific Plan Amendment and Zoning District/area Amendment preserves open space, identified environmentally sensitive areas, natural vegetation, significant trees, watercourses, historic buildings and places, and other features of value to the community.

Future projects will be required to comply with CEQA requirements and be subject to review under the UDC to ensure the protection of open spaces and sensitive areas.

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 195 of 215 5 6. The Specific Plan Amendment and Zoning District/area Amendment provides for efficient street and utility systems through the clustering of structures.

The MU-C zoning promotes compact developments that optimize utility and street layouts, supporting the General Plan's emphasis on efficient infrastructure use.

7. The Specific Plan Amendment and Zoning District/area Amendment utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods.

The Zoning Map and the Zoning District/area amendment promotes innovative land use by enabling a variety of building types, density options, and public spaces that support the City’s broader goals for urban design.

8. The Specific Plan Amendment and Zoning District/area Amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

All future projects will be reviewed for compatibility under the 111 Corridor Specific Plan and the Indio Unified Development Code (UDC), ensuring a coordinated approach to urban growth.

9. The Specific Plan Amendment and Zoning District/area Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

Property development rights are preserved, and all future development projects will need to comply with environmental regulations aimed at protecting sensitive habitats and species.

a. Goal NR-3: Habitat and Species Protection
Future developments must align with the City's environmental goals, ensuring the protection of sensitive land uses and species in accordance with CEQA guidelines.

10. The proposed Specific Plan Amendment and Zoning District/area Amendment ensures development of desirable character, which would be harmonious with existing and proposed development in the surrounding neighborhood.

The Zoning Map and the Zoning District/area amendment promotes mixed -use development that complements existing land uses in the Highway 111 Corridor and encourages harmonious integration with surrounding neighborhoods.

a. Policy LU-6.7: Compatible Scale
The amendment supports infill development that is consistent with the surrounding urban fabric, ensuring compatibility with adjacent properties.

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 196 of 215 6 11. The Specific Plan Amendment and Zoning District/area Amendment has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access.

The MU-C designation supports a mix of residential, commercial, and public spaces while promoting equitable transportation access.

a. Policy LU-5.4: Subarea Connectivity
The Zoning Map and the Zoning District/area amendment encourages developments that support multi -modal transportation options, such as walking, biking, and transit access.

12. The proposed Project has been reviewed in compliance with CEQA, and there would be no potential significant negative effects on environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

The Project qualifies for the Commonsense Exemption under CEQA Guidelines § 15061(b)(3). The administrative nature of the zoning change ensures there are no significant environmental impacts, and all future developments will undergo the appropriate environmental review.

SECTION 4. Specific Plan Amendment and Zoning District/area Amendment

That the City Council hereby adopt and approve the Project, including the amendments to the maps and zoning district/are for the Subject Properties as per the maps and documents attached actually amending the Specific Plan, which maps and documents are hereby incorporated as Exhibit A to this Resolution.

SECTION 5. The City Clerk Administrator shall certify the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 20th day of November 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________

LUPE RAMOS AMITH
MAYOR

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 197 of 215 7 ATTEST:

________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 206 of 215 Attachment4LandUseDesignationDescriptions— Highway111CorridorSpeci?cPlan Attachment 5
Land Use Designation Descriptions - Highway 111 Corridor Specific Plan

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Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 208 of 215

CEQA Exemption Letter for PLAN-SP-24-0003

CITY OF INDIO

MEMORANDUM

TO: File – Case File No. PLAN-SP-24-0003

FROM: Jose Luis Jara, Assistant Planner on behalf of
Carl S. Morgan, Interim Community Development Director
DATE: October 15, 2024

SUBJECT: CEQA Notice of Exemption Letter – Zoning Amendment for Properties within the Highway 111 Corridor Specific Plan Amendment, Case File No. PLAN-SP-24-0003

INTRODUCTION:

The City of Indio has proposed a zoning amendment to change the designation of ten parcels within the Highway 111 Corridor Specific Plan from Neighborhood General (NG) to Mixed Use Corridor (MU-C). This California Environmental Quality Act (CEQA) Memorandum provides an analysis of the environmental review conducted for this proposed amendment under the CEQA.

PROJECT DESCRIPTION:

The project involves a zoning designation change for ten properties located at the southwest corner of Flower Street and Requa Avenue within the Highway 111 Corridor Specific Plan. The proposed amendment is administrative in nature, changing the zoning des ignation from Neighborhood General (NG) to Mixed Use Corridor (MU-C) to allow for broader land use opportunities, including residential, commercial, and mixed-use development. No immediate construction or physical changes are proposed as part of this zoning amendment.

ENVIRONMENTAL REVIEW UNDER CEQA

1. Applicability of the General Plan Final Program Environmental Impact Report (FEIR)
The environmental impacts associated with the City of Indio 2040 General Plan

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 209 of 215

CEQA Exemption Letter for PLAN-SP-24-0003

were thoroughly analyzed in the Final General Program Environmental Impact Report (FEIR), which was certified by the Indio City Council on September 18, 2019, under Resolution No. 1901. The FEIR evaluated the potential environmental impacts of implementing the long-term land use strategies and policies contained in the General Plan, including areas designated for mixed -use development such as the Highway 111 Corridor.

The proposed zoning amendment is consistent with the land use vision outlined in the Indio 2040 General Plan, which identifies the Highway 111 Corridor as a key area for mixed-use growth. The FEIR assessed potential impacts including but not limited to transportation, air quality, greenhouse gas emissions, biological resources, and other environmental factors associated with urban development in the Highway 111 Corridor. Because the proposed amendment does not increase the intensity of land uses beyond what was contemplated in the General Plan and the associated FEIR, no new environmental impacts are anticipated. All relevant mitigation measures outlined in the FEIR remain applicable to future developments that may occur as a result of this zoning change.

2. Exemption under the Common Sense Exemption (CEQA Guidelines § 15061(b)(3))
In addition to the comprehensive review conducted under the FEIR, the proposed zoning amendment qualifies for an exemption under the Common Sense Exemption found in CEQA Guidelines § 15061(b)(3). This exemption applies to projects where it can be seen with ce rtainty that there is no possibility of a significant environmental effect. The key reasons for this determination include:
• No Immediate Physical Changes: The zoning amendment does not involve any physical changes to the environment, such as construction or demolition.

It is limited to a zoning designation change that will allow for more flexible land use options.
• Consistency with Existing Plans: The zoning amendment aligns with the City of Indio General Plan land use designation and the Highway 111 Corridor Specific Plan, both of which have already been evaluated for environmental impacts under the FEIR.
• No New Significant Effects: There is no evidence to suggest that the amendment will introduce new environmental impacts or exacerbate existing conditions. Future development under the MU -C zoning will be subject to separate environmental review, ensuring c ompliance with all applicable regulations.

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CEQA Exemption Letter for PLAN-SP-24-0003

DETAILED ENVIRONMENTAL FINDINGS

Land Use Consistency
The Indio 2040 General Plan promotes mixed -use, pedestrian -oriented developments in the Highway 111 Corridor. The proposed zoning amendment is consistent with the General Plan’s goals, including:
• Goal LU -1: Citywide Urban Structure : Promotes a cohesive urban structure that enhances quality of life.
• Goal LU-2: Active Places : Encourages active and vibrant places through mixed-use developments.
• Policy LU-2.2: Balanced Land Uses: Supports a mix of housing, retail, and commercial uses.

The zoning change will enable future developments to reflect the vision of a mixed- use corridor while remaining consistent with the environmental review conducted in the FEIR.

CEQA Section 15300.2 – Exceptions to Exemptions
No exceptions to the CEQA Common Sense Exemption under Section 15300.2 apply to this project. Specifically:
• Cumulative Impacts: The proposed zoning amendment does not contribute to cumulative impacts, as it is consistent with the General Plan, which already considered cumulative growth impacts in the FEIR. • Significant Effect: No significant environmental effects are anticipated, as the amendment does not involve construction or changes that could impact sensitive resources.
• Scenic Highways and Historical Resources: The project area does not involve scenic highways, nor does it impact historical resources, as defined under CEQA.

Mitigation Measures
The mitigation measures identified in the General Plan FEIR remain applicable and will be implemented as necessary during the review of any future development projects within the rezoned properties. Such measures address potential impacts related to transportation, air quality, noise, and other environmental factors.

CONCLUSION
Based on the analysis outlined above, the proposed zoning amendment for the Highway 111 Corridor Specific Plan is consistent with the Final General Plan EIR certified in 2019. Additionally, it qualifies for a Common Sense Exemption under CEQA Guidelines § 15061(b)(3) , as there is no possibility of a significant environmental effect.

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CEQA Exemption Letter for PLAN-SP-24-0003

Therefore, no further environmental review is required at this stage. Future development applications for the affected properties will undergo separate environmental analysis in accordance with CEQA, ensuring compliance with all applicable regulations.

Thank you,

Filed by:

Jose Luis Jara, Assistant Planner on behalf of
Carl S. Morgan, Interim Community Development Director
City of Indio

Date Filed: October 15, 2024

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 212 of 215 111 Corridor Specific Plan

PREPARED FOR THE CITY OF INDIO | ADOPTED 9.21.2022

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri... Page 213 of 215 CHAPTER 2 | THE VISION
74 75
| INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | Existing Assets
Districts /Areas
Downtown
Downtown Supportive Infill
Corridor Business
Workplace & Live Work District
Boulevard 111 Specific Plan Boundary
Mixed Use Centers
Fair Grounds Area
Larson Justice Center Employment
District
Oasis St
Arabia St
Boulevard 111
Requa Ave
1 3
The East Corridor provides the community with a variety of jobs and services, connects directly into Downtown, and represents the eastern gateway into Indio. Located at the historic junction of State Routes 99 and 111, this area has from the beginning been a highway stopping point for
motorists seeking services, including gas stations, auto repair and sales, and other semi-industrial service businesses.

Prior to the construction of the Jefferson Street overcrossing, this area seamlessly transitioned from auto services to food and lodging when one reached the intersection of Miles
Avenue, Fargo Street and Indio Boulevard - the historic main gateway to Downtown at the train station.

The Neighborhood Transition Plan below highlights areas and locations that present unique opportunities to support the existing businesses along the corridor and Downtown, create a new, green gateway to the Corridor and the city. At this around this new gateway, just to the east of Downtown, the existing industrial area can gradually evolve to a mixed- use employment district with more jobs, more diverse
jobs, some new housing, and affordable spaces in which
craftspeople, artisans and artists can sans to live and work.

John J. Benoit Detention Center
Superior Court of California
County Law Building
Davis Sports Complex
Once and Future Rail Station
Riverside County Fairgrounds
1 2
3 4
5 6
6 21

2.3.3 - East Corridor
Jackson St
Indio Blvd
Calhoun St
4 5
6 2
Boulevard 111
1 2
3 4
5 6
3 4
5 From Highway to Boulevard
Street improvements such as widened
sidewalks, increased landscaping, and
more signalized intersections will slow cars
down from highway speed, creating a more
pedestrian-friendly boulevard environment.

Create a Strong East Gateway
A palm tree nursery at this location could
create a lush green oasis visible by motorists
approaching along Indio Blvd, Jefferson Street
or Golf Center Parkway.

Support & Strengthen the Success
of Downtown
Retail or Civic nodes in this area could help
attract visitors to nearby businesses on the
Corridor, as well as Downtown.

Small, Neighborhood-scale Infill
opportunities
Infill development would make these areas
feel more complete, with the opportunity
to provide additional needed housing and
supportive small businesses.

Support and Evolve Existing
Business
New and existing businesses can be curated
and managed, much like successful malls,
to reduce redundancy and to bring together
businesses with shared synergy.

Opportunities for Workplace and
Employment
There is an opportunity to re-brand this light
industrial area into an arts or creative district,
one that includes affordable housing.

Legend
Figure 2.3.3.A - Conceptual East Corridor Framework
King St
Figure 2.3.3.A below highlights four promising locations for new activity centers: one at the entrance of the Riverside County Fairgrounds, another across from the Superior Court of California, a third located where Golf Center Parkway enters town, and a fourth where the new district could be.

Each of these nodes is either a literal or metaphoric gateway to an area of cultural significance to Indio. Enhancing these locations with special development and public spaces would bring greater attention to nearby businesses, feeding into and growing off of the energy generated by these existing landmark areas.

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri...Page 214 of 215 CHAPTER 3 | THE CODE
101
ADOPTED 9.21.22 |100
| INDIO 111 CORRIDOR SPECIFIC PLAN| HIGHWAY 111 CORRIDOR SPECIFIC PLAN 100 Figure 3.4-1 Regulating Plan
Legend (Figure 3.4-1 - Regulating Plan)
Subarea APN
1 600020022
600020021
600020023
600020007
600020016
600020006
2 600210001
600210002
3 600130009
600130010
600130021
600130006
4 600130011
600130022
5 600220023
600220022
600220021
600220004
600220005
600220006
6 600190002
600190001
600200001
600190007
Subarea APN
14 616120014
616120019
616120018
616120024
616120016
616101002
616051002
616051001
616051004
616120038
616101001
616101003
616120048
616051044
616120055
616120031
616051047
616120054
616120041
616120036
616120042
616120037
616062002
616062003
616062005
Subarea APN
6 600190004
600190003
600200003
600200005
600200004
600200007
600200006
600200008
600200002
600190005
600430007
600190008
600190009
600200012
600200010
600200014
600200013
600200009
7 600230003
600230002
600230009
600230001
600230004
600230005
Subarea APN
14 616062004
616061006
616061007
616061004
616061009
616061008
616061003
616061001
616061002
616061005
616061011
616061010
15 608230027
608230001
608230032
608230004
608230017
608230005
608231036
608230015
608230014
608230006
608230008
608230007
608230009
Subarea APN
7 600230006
600230007
600230008
600230011
600230012
8 600240001
600240002
600240017
600240013
600240021
600240016
600240005
600240020
600240010
9 616080003
616080002
616080036
616080006
616080001
616080004
616080037
616080038
616080042
Subarea APN
15 608230012
608230013
608230034
608230011
608230010
16 611420001
611420003
611110039
17 611420002
611110021
611110060
611110022
611110062
611110061
611110058
611110051
611110038
611110025
611110057
611110050
611110043
611110047
611110046
611110044
611110045
Subarea APN
10 616130034
616130035
11 616090009
616090004
616090008
12 616130003
616130008
616090005
616130005
616130004
616130006
616160020
616164059
616161001
616163036
616166069
616160039
616160036
616160037
616160038
13 616110006
616110007
616110005
616110008
Subarea APN
17 611110033
611110006
611110023
18 614020027
614020005
614020004
614020024
614020015
614030002
614020011
614020023
614020012
614020028
614020016
614020008
614020021
614020009
614020014
614020025
614020026
614020029
614100011
614090001
614101017
614101023
Subarea APN
13 616110003
616110004
616110002
616102003
616102004
616040001
616100008
616100010
616100009
616100015
616100013
616100011
616100012
616100006
616050006
616050005
616050001
616050002
616050003
616050004
616050007
616050008
616060003
616060006
616060002
Subarea APN
18 614101021
614101006
614101019
614101002
614101016
614101014
614101001
614100022
614101015
614100012
614100006
614100013
614101025
614100021
614101026
614100002
614101005
614101020
614101004
614101022
614101018
614100005
614101003
614101024
614090002
Master Planned Design Overlay1 (See 3.4.B.1)
Mixed-Use Corridor Zone (See 3.4.B.2)
Neighborhood General Zone (See 3.4.B.3)
Neighborhood Low Zone (See 3.4.B.4)
Public & Institutional2 (See UDC Chapter 2.05)
Mixed-Use Center Overlay (See 3.4.B.5)
Workplace Employment Overlay3 (See 3.4.B.6)
Table 3.4-2 Subareas by Parcel APN Table continued on next page >>>

3.4.B. Establishment & Application of Regulatory Zones, Overlays & Subareas (continued)
Subarea APN
18 614101028
614101007
614101027
614100023
614101030
614101032
614101033
614100003
614100008
614100009
614101008
614100020
614101037
614100024
614100018
614100007
614100019
614101012
614101010
614101039
614101013
614101011
614101036
614101035
614101031
Subarea APN
18 614101029
614101034
614100010
614101038
614100004
614101009
614100001
19 614031012
614031017
614031001
614031002
614031005
614031016
614031021
614031018
614031020
614031019
614031010
614031011
614091001
614091002
614091004
614091003
614091005
Subarea APN
20 611191001
611191019
611191003
611191025
611191020
611191026
611191021
611191022
611191010
611191004
611191023
611191011
611191012
611191015
611191013
611191018
611191017
611191014
611191016
611201002
611201005
611201003
611201006
611201004
The following general standards shall apply to the application of Regulatory Zones and Overlays within the 111 CSP Area:
a. The Master Planned Design (MPD) Overlay shall apply
as mapped in Figure 3.4-1. The MPD Overlay may be
mapped in additional areas, as described
in Section

3.4.C.1.
b. For all parcels or areas within the Master Planned
Design Overlay, or requiring subdivision per the
requirements of Section 3.6.A.2, the MU-C, NG, and
NL Zones shall be applied only to newly formed
parcels defined through an approved Master Planned
Development Permit (See
Section 3.2.E), as required by
the Specified Zone in Sections 3.4.C.2 through 3.4.C.6. c. For all parcels or areas outside of the Master Planned Design Overlay and
not requiring subdivision per the
requirements of Section 3.6.A.2, the MU-C, NG, and NL
Zones shall be applied as mapped in Figure 3.4-1.
d.

The MU-Ctr Overlay shall be applied to the
frontages of parcels where mapped in Figure 3.4-1,
per the Rules of Application
described in Section

3.4.C.5.
e. The W/E Overlay shall be applied to all parcels
within Subarea 27, as mapped in Figure 3.4-1
f.

Existing Public Facilities in Subareas 13, 15,
21, 22, 23 and 24 (Indio High School, Riverside
County facilities, shall remain zoned “Public and
Institutional (PI)” per the regulations of the Unified
Development Code (UDC) Chapter 2.05. At the
time of future redevelopment, if rezoning is
sought, these areas shall apply new zoning through
the Master Planned Development Permit process
described in Section 3.2.E
.

Subarea APN
20 611192018
611192008
611192007
611192006
611192020
611192019
611192001
611192002
611192014
611192015
611192004
611192016
611192005
611192013
611192003
611192017
611192021
611192009
611192010
611192022
611192023
611192012
611192011
611192024
Subarea APN
20 611202015
611202009
611202004
611202013
611202003
611202001
21 614040006
614040005
22 614040002
23 614050061
614050058
614050060
614050059
614060030
24 612020001
612020002
612030003
612020007
612020003
612020010
612040005
612032001
612040004
612040008
Subarea APN
24 612040001
612040009
612040003
612031001
612031003
612031005
612031006
612031002
612031004
25 611362021
611362022
611362010
611362023
611362009
611362008
611362045
611362006
611362007
611362020
611362019
611362018
611362031
611362030
611362011
Notes:
[1] Underlying zoning shown in Figure 3.4-1 within the Master Planned Design Overlay is for illustrative purposes only. Actual Zones / Overlays shall be applied through Master Planned Development Permit Process, See Sections

3.2.5 (MPD Permit Process) & 3.6.B (Connectivity Standards). [2] All Development Regulations Provided by UDC Chapter 2.05. [3] W/E Overlay applies to all parcels in Subarea 27.
[4] Additional Full-Movement Intersections are required, per the requirements of Section 3.6.B.

Required Full-Movement Intersections4
(See Section 3.6.B and Figure 3.6-1)

Resolution No. 10470 approving Specific Plan Amendment and Zoning Distri...Page 215 of 215